On October 11, 2019 a
Hearing
was filed
involving a dispute between
Robinson,,
Robinson, Mariah P.O Box,
and
Yeh, Lucas,
for PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED
in the District Court of San Francisco County.
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1 AKHILA GANAPATHY, ESQ. (SBN 324237)
JEANETTE N. LITTLE & ASSOCIATES
2 Employees of the Law Department
State Farm Mutual Automobile Insurance Company ELECTRONICALLY
3 4450 Rosewood Drive, Suite 450 F I L E D
Pleasanton, California 94588 Superior Court of California,
4 Telephone: (925) 225-6838
County of San Francisco
Facsimile: (855) 732-9437 12/07/2021
5 Email: akhila.ganapathy@statefarm.com Clerk of the Court
BY: EDNALEEN ALEGRE
Deputy Clerk
6 Attorneys for Specially Appearing Defendant
LUCAS YEH
7
8
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN FRANCISCO / LIMITED JURISDICTION
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12
MARIAH ROBINSON, NO. CGC-19-579953
13
NOTICE OF MOTION AND MOTION TO
14 Plaintiff, DISMISS PLAINTIFF’S ACTION FOR
DELAY IN PROSECUTION
15
v. [C.C.P. §583.410, §583.420]
16
LUCAS YEH, DATE: FEBRUARY 10, 2022
17 TIME: 9:30 A.M.
Defendants. DEPT: 302
18
DATE COMPLAINT FILED: 10/11/2019
19
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21 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN:
22 PLEASE TAKE NOTICE that on, February 10, 2022, at 9:30 A.M., or as soon as
23 counsel may be heard in Department 302 of the above-entitled court located at 400
24 McAllister Street San Francisco, California, defendant LUCAS YEH (hereinafter
25 “defendant”) will specially appear pursuant to Code of Civil Procedure § 583.410 and
26 583.420, and move this court for an order dismissing the entire action of plaintiff MARIAH
27 ROBINSON (hereinafter “plaintiff”) with prejudice.
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_______________________________________________________________
Notice of Motion and Motion to Dismiss
1 This motion is made on the grounds that plaintiff has failed to exercise reasonable
2 diligence in prosecuting the above-entitled action by failing to timely serve the summons
3 and complaint on defendant LUCAS YEH within two (2) years after the action was
4 commenced as required by C.C.P. § 583.420. Thus, a dismissal of plaintiff’s case is
5 warranted pursuant to C.C.P. § 583.410 and C.C.P. §583.420.
6 This motion is based on this Notice, the accompanying Memorandum of Points and
7 Authorities, and Declaration of Akhila Ganapathy (with attached Exhibits), the complete
8 pleadings, records and files in this action; and such oral, documentary, or other evidence
9 as may be presented at the hearing on this motion.
10
11
Dated: December 3, 2021 JEANETTE N. LITTLE & ASSOCIATES
12
13
14 Akhila Ganapathy
Attorneys for Specially Appearing Defendant
15 LUCAS YEH
16 Electronic signature pursuant to Civil Code §1633.7(d).
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_______________________________________________________________
Notice of Motion and Motion to Dismiss
1 PROOF OF SERVICE
2
Robinson v. Yeh
3 San Francisco County Superior Court Case No. CGC-19-579953
4 I, the undersigned, declare that I am a resident of the United States; employed in the
City of Pleasanton and County of Alameda, State of California; over the age of 18
5 years; not a party to the within entitled cause; and my business address is 4450
6 Rosewood Drive, Suite 450, Pleasanton, CA 94588.
7 On December 7, 2021, I served the within document(s),
8 • NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF’S ACTION FOR
DELAY IN PROSECUTION;
9
• MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION
10 TO DISMISS PLAINTIFF’S ACTION FOR DELAY IN PROSECUTION;
• DECLARATION OF AKHILA GANAPATHY IN SUPPORT OF MOTION TO
11 DISMISS PLAINTIFF’S ACTION FOR DELAY IN PROSECUTION;
• [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
12
PLAINTIFF’S ACTION FOR DELAY IN PROSECUTION
13
14 on the interested parties in this action as follows:
15 Pro Se
Mariah Robinson
16 PO BOX 27444
San Francisco, CA 94127-0444
17
FLYBYTHARYE@GMAIL.COM
18 FLY3YTHARYE@GMAIL.COM
19
[ x ] ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the
20 document(s) to the persons at the e-mail address(es) listed based on
notice provided that, during the Coronavirus (COVID-19) pandemic, this
21
office will be working remotely, not able to send physical mail as usual,
22 and is therefore using only electronic mail.
23 I declare under penalty of perjury under the laws of the State of California that
the above is true and correct, and that this declaration was executed on December 7,
24 2021, at Concord, California.
25
26
27 Angela Basu
28
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Proof of Service
Document Filed Date
December 07, 2021
Case Filing Date
October 11, 2019
Category
PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED
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1 AKHILA GANAPATHY, ESQ. (SBN 324237) JEANETTE N. LITTLE & ASSOCIATES 2 Employees of the Law Department State Farm Mutual Automobile Insurance Company ELECTRONICALLY 3 4450 Rosewood Drive, Suite 450 F I L E D Pleasanton, California 94588 Superior Court of California, 4 Telephone: (925) 225-6838 County of San Francisco Facsimile: (855) 732-9437 12/07/2021 5 Email: akhila.ganapathy@statefarm.com Clerk of the Court BY: EDNALEEN ALEGRE Deputy Clerk 6 Attorneys for Specially Appearing Defendant LUCAS YEH 7 8 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO / LIMITED JURISDICTION 11 12 MARIAH ROBINSON, NO. CGC-19-579953 13 NOTICE OF MOTION AND MOTION TO 14 Plaintiff, DISMISS PLAINTIFF’S ACTION FOR DELAY IN PROSECUTION 15 v. [C.C.P. §583.410, §583.420] 16 LUCAS YEH, DATE: FEBRUARY 10, 2022 17 TIME: 9:30 A.M. Defendants. DEPT: 302 18 DATE COMPLAINT FILED: 10/11/2019 19 20 21 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN: 22 PLEASE TAKE NOTICE that on, February 10, 2022, at 9:30 A.M., or as soon as 23 counsel may be heard in Department 302 of the above-entitled court located at 400 24 McAllister Street San Francisco, California, defendant LUCAS YEH (hereinafter 25 “defendant”) will specially appear pursuant to Code of Civil Procedure § 583.410 and 26 583.420, and move this court for an order dismissing the entire action of plaintiff MARIAH 27 ROBINSON (hereinafter “plaintiff”) with prejudice. 28 -1- _______________________________________________________________ Notice of Motion and Motion to Dismiss 1 This motion is made on the grounds that plaintiff has failed to exercise reasonable 2 diligence in prosecuting the above-entitled action by failing to timely serve the summons 3 and complaint on defendant LUCAS YEH within two (2) years after the action was 4 commenced as required by C.C.P. § 583.420. Thus, a dismissal of plaintiff’s case is 5 warranted pursuant to C.C.P. § 583.410 and C.C.P. §583.420. 6 This motion is based on this Notice, the accompanying Memorandum of Points and 7 Authorities, and Declaration of Akhila Ganapathy (with attached Exhibits), the complete 8 pleadings, records and files in this action; and such oral, documentary, or other evidence 9 as may be presented at the hearing on this motion. 10 11 Dated: December 3, 2021 JEANETTE N. LITTLE & ASSOCIATES 12 13 14 Akhila Ganapathy Attorneys for Specially Appearing Defendant 15 LUCAS YEH 16 Electronic signature pursuant to Civil Code §1633.7(d). 17 18 19 20 21 22 23 24 25 26 27 28 -2- _______________________________________________________________ Notice of Motion and Motion to Dismiss 1 PROOF OF SERVICE 2 Robinson v. Yeh 3 San Francisco County Superior Court Case No. CGC-19-579953 4 I, the undersigned, declare that I am a resident of the United States; employed in the City of Pleasanton and County of Alameda, State of California; over the age of 18 5 years; not a party to the within entitled cause; and my business address is 4450 6 Rosewood Drive, Suite 450, Pleasanton, CA 94588. 7 On December 7, 2021, I served the within document(s), 8 • NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFF’S ACTION FOR DELAY IN PROSECUTION; 9 • MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION 10 TO DISMISS PLAINTIFF’S ACTION FOR DELAY IN PROSECUTION; • DECLARATION OF AKHILA GANAPATHY IN SUPPORT OF MOTION TO 11 DISMISS PLAINTIFF’S ACTION FOR DELAY IN PROSECUTION; • [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO DISMISS 12 PLAINTIFF’S ACTION FOR DELAY IN PROSECUTION 13 14 on the interested parties in this action as follows: 15 Pro Se Mariah Robinson 16 PO BOX 27444 San Francisco, CA 94127-0444 17 FLYBYTHARYE@GMAIL.COM 18 FLY3YTHARYE@GMAIL.COM 19 [ x ] ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the 20 document(s) to the persons at the e-mail address(es) listed based on notice provided that, during the Coronavirus (COVID-19) pandemic, this 21 office will be working remotely, not able to send physical mail as usual, 22 and is therefore using only electronic mail. 23 I declare under penalty of perjury under the laws of the State of California that the above is true and correct, and that this declaration was executed on December 7, 24 2021, at Concord, California. 25 26 27 Angela Basu 28 -1- Proof of Service