On October 03, 2017 a
Order
was filed
involving a dispute between
Align Technology, Inc.,
and
Does I Through X, And Each Of Them, Inclusive,
Lambert, Nicole,
for civil
in the District Court of San Francisco County.
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ANION
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jan-08-2019 9:24 am
Case Number: ‘CGC-1 7-561692
Filing Date: Jan-08-2019 9:23
Filed by: KAREN LIU
Image: 06635637
ORDER
ALIGN TECHNOLOGY, INC. VS. NICOLE LAMBERT ET AL
001C06635637
Instructions:
Please place this sheet on top of the document to be scanned.DEC 19 2016
TWELAWoFFCES OF
SWEET & WALKER
SAN FRANCISCO, CALIFORNIA 94127-0558
Telephone: (418) 334-1600
oc eo YN DH BR WN
hb N YY YN NN YN Boe Be ee
&® Yaa ®ESRrtS Se UAAAE
Lorna Walker #154724 F
Daniel Frankston #139633 s I iE E
The Law Offices of Suny Gor D
SWEET & WALKER, P.C. a7 Frangione
2380 Junipero Serra Boulevard, Suite B JAN ~8 2019
Daly City, California 94015
Phone (415) 334-1600
Fax (415) 334-0855
Attorneys Specially Appearing
for Defendant NICOLE LAMBERT
SUPERIOR COURT OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
ALIGN TECHNOLOGY, INC., a
corporation,
NO.CGC-17-561692
Plaintiff, .
(eRQPOSED] ORDER GRANTING
vs. DEFENDANT LAMBERT’S MOTION
TO VACATE DEFAULT JUDGMENT
AND SET ASIDE DEFAULT AND
DENYING MOTION TO DISMISS
NICOLE LAMBERT, et al.,
Defendants.
DATE: November 7, 2018
TIME: 9:00 am
DEPT: 302
Defendant LAMBERT’s motion to vacate default and default
judgment and to dismiss action for lack of jurisdiction came on for
hearing at the above-referenced date, time and department, the
Suzanne R. Bolanos
Honorable Hereid—E.—Kehn presiding.
After considering the moving papers, the opposition and reply
briefs on file, IT IS ORDERED THAT:
Order Granting Motion to Vacate Judgment and Set Aside Default 12
‘THE LAWOFRICES OF
SWEET & WALKER
'APROFESSIONAL CORPORATION
P.O.Box 27558
‘SAN FRANCISCO, CALIFORNIA 94127-0558
a}
Telephone: (418) 334-1600
a
Se ama Y Aw ea wH e
a ®
bb N Ye NY NY NY N NY DN | SF
ond A A BF BN = SO wm A
1. DEFENDANT NICOLE LAMBERT's Motion To Vacate Default
Judgment And Dismiss Action For Lack Of Personal Jurisdiction
Defendant Lambert's motion to vacate the default entered on February
7, 2018 and default judgment entered on June 5, 2018 is GRANTED. The
evidence demonstrates that plaintiff failed to serve defendant in
accordance with the California Code of Civil Procedure.
2. Defendant's request to dismiss the action based on
insufficient minimum contacts is denied without prejudice. Based on
the present record, the court cannot determine whether defendant is
subject to the alleged forum selection clause and that issue can be
raised by a subsequent motion.
DATED: _} 4
Ad JUDE QR COURT
Approved as to form.
Dated: COOK COLLECTION ATTORNEYS
SEE EXHIBIT ‘A’ RE
COMPLIANCE WITH CRC 3.1312
By: David J. Cook
Attorney for Plaintiff
ALIGN TECHNOLOGY, INC.
Order Granting Motion to Vacate Judgment and Set Aside Default 2a
e ‘THE LAW OFFICES OF e@
SWEET & WALKER
A PROFESSIONAL CORPORATION
LORNA WALKER
Telephone 415.334.1600
DANIEL FRANKSTON Facsimile 415.334.0855
GARY L. SWEET
(Ret. 2013) E-mail: mail@sweetwalker.com
RICHARD L, ENKELIS
(1943 - 2008)
December 19, 2018
Via Email
Contestdept302trésftc.org
Clerk of the Court
Department 302
San Francisco Superior Court
450 McAllister Street
San Francisco, CA 94102
RE: Align Technology, Inc. v. Nicole Lambert
Case No. CGC-17-561692
Proposed Order Regarding 11/7/18 Motion
Dear Court Clerk:
On November 7, 2018 we submitted a proposed Order with respect
to the hearing conducted on that date. Thereafter, we were
requested to resubmit the proposed Order with the attorney's
information on the top left corner which we did on 11/19.
On 11/26, the Order was returned to our office along with an
indication that CRC 3.1312 needed to be complied with.
Attached please find the email sent to opposing counsel on
November 26, 2018 which included the attached [proposed] Order 5
in both PDF and Word formats.
More than five (5) days having elapsed and our office never
heard back from opposing counsel. Kindly submit the attached
declaration to the Judge for signature. Thereafter, please
email us back an endorsed copy.
Very truly yours,
SWEET & = B.C.
Mf.
Lahr Sap
Cc: David J. coon aa fo | ( |
DF121718Itr
POST OFFICE BOX 27558 SAN FRANCISCO, CALIFORNIA 94127-0558
Document Filed Date
January 08, 2019
Case Filing Date
October 03, 2017
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ANION SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jan-08-2019 9:24 am Case Number: ‘CGC-1 7-561692 Filing Date: Jan-08-2019 9:23 Filed by: KAREN LIU Image: 06635637 ORDER ALIGN TECHNOLOGY, INC. VS. NICOLE LAMBERT ET AL 001C06635637 Instructions: Please place this sheet on top of the document to be scanned.DEC 19 2016 TWELAWoFFCES OF SWEET & WALKER SAN FRANCISCO, CALIFORNIA 94127-0558 Telephone: (418) 334-1600 oc eo YN DH BR WN hb N YY YN NN YN Boe Be ee &® Yaa ®ESRrtS Se UAAAE Lorna Walker #154724 F Daniel Frankston #139633 s I iE E The Law Offices of Suny Gor D SWEET & WALKER, P.C. a7 Frangione 2380 Junipero Serra Boulevard, Suite B JAN ~8 2019 Daly City, California 94015 Phone (415) 334-1600 Fax (415) 334-0855 Attorneys Specially Appearing for Defendant NICOLE LAMBERT SUPERIOR COURT OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO ALIGN TECHNOLOGY, INC., a corporation, NO.CGC-17-561692 Plaintiff, . (eRQPOSED] ORDER GRANTING vs. DEFENDANT LAMBERT’S MOTION TO VACATE DEFAULT JUDGMENT AND SET ASIDE DEFAULT AND DENYING MOTION TO DISMISS NICOLE LAMBERT, et al., Defendants. DATE: November 7, 2018 TIME: 9:00 am DEPT: 302 Defendant LAMBERT’s motion to vacate default and default judgment and to dismiss action for lack of jurisdiction came on for hearing at the above-referenced date, time and department, the Suzanne R. Bolanos Honorable Hereid—E.—Kehn presiding. After considering the moving papers, the opposition and reply briefs on file, IT IS ORDERED THAT: Order Granting Motion to Vacate Judgment and Set Aside Default 12 ‘THE LAWOFRICES OF SWEET & WALKER 'APROFESSIONAL CORPORATION P.O.Box 27558 ‘SAN FRANCISCO, CALIFORNIA 94127-0558 a} Telephone: (418) 334-1600 a Se ama Y Aw ea wH e a ® bb N Ye NY NY NY N NY DN | SF ond A A BF BN = SO wm A 1. DEFENDANT NICOLE LAMBERT's Motion To Vacate Default Judgment And Dismiss Action For Lack Of Personal Jurisdiction Defendant Lambert's motion to vacate the default entered on February 7, 2018 and default judgment entered on June 5, 2018 is GRANTED. The evidence demonstrates that plaintiff failed to serve defendant in accordance with the California Code of Civil Procedure. 2. Defendant's request to dismiss the action based on insufficient minimum contacts is denied without prejudice. Based on the present record, the court cannot determine whether defendant is subject to the alleged forum selection clause and that issue can be raised by a subsequent motion. DATED: _} 4 Ad JUDE QR COURT Approved as to form. Dated: COOK COLLECTION ATTORNEYS SEE EXHIBIT ‘A’ RE COMPLIANCE WITH CRC 3.1312 By: David J. Cook Attorney for Plaintiff ALIGN TECHNOLOGY, INC. Order Granting Motion to Vacate Judgment and Set Aside Default 2a e ‘THE LAW OFFICES OF e@ SWEET & WALKER A PROFESSIONAL CORPORATION LORNA WALKER Telephone 415.334.1600 DANIEL FRANKSTON Facsimile 415.334.0855 GARY L. SWEET (Ret. 2013) E-mail: mail@sweetwalker.com RICHARD L, ENKELIS (1943 - 2008) December 19, 2018 Via Email Contestdept302trésftc.org Clerk of the Court Department 302 San Francisco Superior Court 450 McAllister Street San Francisco, CA 94102 RE: Align Technology, Inc. v. Nicole Lambert Case No. CGC-17-561692 Proposed Order Regarding 11/7/18 Motion Dear Court Clerk: On November 7, 2018 we submitted a proposed Order with respect to the hearing conducted on that date. Thereafter, we were requested to resubmit the proposed Order with the attorney's information on the top left corner which we did on 11/19. On 11/26, the Order was returned to our office along with an indication that CRC 3.1312 needed to be complied with. Attached please find the email sent to opposing counsel on November 26, 2018 which included the attached [proposed] Order 5 in both PDF and Word formats. More than five (5) days having elapsed and our office never heard back from opposing counsel. Kindly submit the attached declaration to the Judge for signature. Thereafter, please email us back an endorsed copy. Very truly yours, SWEET & = B.C. Mf. Lahr Sap Cc: David J. coon aa fo | ( | DF121718Itr POST OFFICE BOX 27558 SAN FRANCISCO, CALIFORNIA 94127-0558