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1 TROUTMAN PEPPER HAMILTON SANDERS LLP
JAMES P. DIWIK (State Bar No. 164016)
2 james.diwik@troutman.com
RYAN A. LEWIS (State Bar No. 307253) ELECTRONICALLY
3 ryan.lewis@troutman.com
Three Embarcadero Center, Suite 800
F I L E D
Superior Court of California,
4 San Francisco, CA 94111 County of San Francisco
Telephone: 415.477.5700 03/22/2021
5 Facsimile: 415.477.5710 Clerk of the Court
BY: YOLANDA TABO-RAMIREZ
Deputy Clerk
6 Attorneys for Defendant/Plaintiff/Cross-Defendant
GHILOTTI BROS., INC.
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10 CIVIL DIVISION
11 SYNERGY PROJECT MANAGEMENT, Case No. CGC-17-560034 [Consolidated with
INC., Case No. CGC-19-576488]
12
Plaintiff, OBJECTION TO SYNERGY PROJECT
13 MANAGEMENT, INC.’S REPLY AND
vs. DECLARATIONS IN SUPPORT OF
14 MOTION FOR LEAVE TO FILE
CITY AND COUNTY OF SAN FOURTH AMENDED COMPLAINT AND
15 FRANCISCO, SAN FRANCISCO FIRST AMENDED CROSS-COMPLAINT
PUBLIC UTILITIES COMMISSION, [C.C.P. § 1005(b); CRC 3.1300(d)]
16 SAN FRANCISCO MUNICIPAL
TRANSPORTATION AGENCY, SAN Date: March 26, 2021
17 FRANCISCO DEPARTMENT OF Time: 9:30 a.m.
PUBLIC WORKS, LONDON BREED, Dept.: 302
18 MOHAMMED NURU, and DOES 1-100,
Trial Date: March 29, 2021
19 Defendants.
20
GHILOTTI BROS., INC., a California
21 Corporation,
22 Plaintiff,
23 v.
24 SYNERGY PROJECT MANAGEMENT,
INC., a California Corporation, and
25 DOES 1-30,
26 Defendants.
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T ROU TMA N PE PPE R
HA M IL TON S A ND E RS LLP
OBJECTION TO SYNERGY PROJECT MANAGEMENT, INC.’S REPLY AND DECLARATIONS IN SUPPORT
3 EMBARCADERO CENTER, STE. 800
SAN FRANCISCO, CA 94111
OF MOTION FOR LEAVE TO FILE FAC AND FACC
1
SYNERGY PROJECT MANAGEMENT,
2 INC., a California Corporation,
3 Cross-Complainant,
4 v.
5 GHILOTTI BROS., INC., a California
Corporation, and ROES 1-20,
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Cross-Defendants.
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T ROU TMA N PE PPE R
HA M IL TON S A ND E RS LLPGHILOTTI BROS., INC.’S OBJECTION TO SYNERGY PROJECT MANAGEMENT, INC.’S REPLY AND
3 EMBARCADERO CENTER, STE. 800 DECLARATIONS IN SUPPORT OF MOTION FOR LEAVE TO FILE FAC AND FACC
SAN FRANCISCO, CA 94111
1 TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that, pursuant to Code of Civil Procedure section 1005(b) and
3 Rule of Court 3.1300(d), Defendant/Plaintiff/Cross-Defendant Ghilotti Bros., Inc. (“GBI”) hereby
4 objects to Synergy Project Management, Inc.’s (“Synergy”) untimely Reply in Support of Motion
5 For Leave to File Fourth Amended Complaint and First Amended Cross-Complaint (“Reply”) and
6 the accompanying Reply Declaration of Johnny D. Knadler and Declaration of Javad Mirsaidi
7 (“Declarations”).
8 Under Section 1005(b), the deadline for Synergy to file and serve its Reply and any
9 accompanying declarations was Friday, March 19, 2021. Synergy purported to serve its Reply and
10 Declarations on GBI by electronic means on Sunday, March 21, 2021 at 11:37 p.m. Synergy filed
11 its Reply and Declarations on March 22, 2021. Synergy offers no excuse or explanation for its
12 untimely papers, and Synergy has consistently defied the deadlines set forth in the Code of Civil
13 Procedure over GBI’s objections for its own convenience. Accordingly, GBI respectfully requests
14 that the Court decline to consider Synergy’s Reply and Declarations. C.R.C. 3.1300(d).
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Dated: March 22, 2021 TROUTMAN PEPPER HAMILTON SANDERS LLP
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By: /s/ James P. Diwik
18 JAMES P. DIWIK
RYAN A. LEWIS
19 Attorneys for Defendant/Plaintiff/Cross-Defendant
GHILOTTI BROS., INC.
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T ROU TMA N PE PPE R -1-
HA M IL TON S A ND E RS LLP
GHILOTTI BROS., INC.’S OBJECTION TO SYNERGY PROJECT MANAGEMENT, INC.’S REPLY AND
3 EMBARCADERO CENTER, STE. 800
SAN FRANCISCO, CA 94111
DECLARATIONS IN SUPPORT OF MOTION FOR LEAVE TO FILE FAC AND FACC
1 PROOF OF SERVICE
2 I am employed in the City and County of San Francisco, State of CA. I am over the age
of 18 and not a party to the within action; my business address is Three Embarcadero Center,
3 Suite 800, San Francisco, California 94111.
4 On March 22, 2021 I served the following document(s) described as:
5 OBJECTION TO SYNERGY PROJECT MANAGEMENT, INC.’S REPLY AND
DECLARATIONS IN SUPPORT OF MOTION FOR LEAVE TO FILE FOURTH
6 AMENDED COMPLAINT AND FIRST AMENDED CROSS-COMPLAINT [C.C.P. §
1005(B); CRC 3.1300(D)]
7
On the parties or attorneys for parties in this action who are identified below, using the following
8 means of service:
9 BY OVERNIGHT DELIVERY: By placing a true copy(ies) thereof enclosed in a sealed
envelope(s) or package(s) as designated by Federal Express, addressed as above, and
10 depositing said envelope(s) or package(s), with delivery fees provided for, in a box
regularly maintained by Federal Express at Three Embarcadero Center, Suite 800, San
11 Francisco, California 94111.
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BY ELECTRONIC MAIL (CRC 2.251): Based on a court order or an agreement of the
13 parties to accept service by e-mail or electronic transmission, I caused the document(s) to
be sent to the person(s) at the e-mail addresses, as last given or submitted on any
14
document which he or she has filed in the case.
15
Johnny D. Knadler, Esq.
16 LAW OFFICES OF JOHNNY D. KNADLER
1527 E Pershing Drive
17 San Francisco, CA 94129
Telephone: (310) 564-6695
18 Facsimile: (888) 323-0611
Email: jdknadler@gmail.com
19 jdknadler@yahoo.com
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I declare under penalty of perjury under the laws of the State of California that the above
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is true and correct. Executed on March 22, 2021, at San Francisco, CA.
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Tracey Cantu
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114237274v1
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PROOF OF SERVICE
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1 TROUTMAN PEPPER HAMILTON SANDERS LLP JAMES P. DIWIK (State Bar No. 164016) 2 james.diwik@troutman.com RYAN A. LEWIS (State Bar No. 307253) ELECTRONICALLY 3 ryan.lewis@troutman.com Three Embarcadero Center, Suite 800 F I L E D Superior Court of California, 4 San Francisco, CA 94111 County of San Francisco Telephone: 415.477.5700 03/22/2021 5 Facsimile: 415.477.5710 Clerk of the Court BY: YOLANDA TABO-RAMIREZ Deputy Clerk 6 Attorneys for Defendant/Plaintiff/Cross-Defendant GHILOTTI BROS., INC. 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 CIVIL DIVISION 11 SYNERGY PROJECT MANAGEMENT, Case No. CGC-17-560034 [Consolidated with INC., Case No. CGC-19-576488] 12 Plaintiff, OBJECTION TO SYNERGY PROJECT 13 MANAGEMENT, INC.’S REPLY AND vs. DECLARATIONS IN SUPPORT OF 14 MOTION FOR LEAVE TO FILE CITY AND COUNTY OF SAN FOURTH AMENDED COMPLAINT AND 15 FRANCISCO, SAN FRANCISCO FIRST AMENDED CROSS-COMPLAINT PUBLIC UTILITIES COMMISSION, [C.C.P. § 1005(b); CRC 3.1300(d)] 16 SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY, SAN Date: March 26, 2021 17 FRANCISCO DEPARTMENT OF Time: 9:30 a.m. PUBLIC WORKS, LONDON BREED, Dept.: 302 18 MOHAMMED NURU, and DOES 1-100, Trial Date: March 29, 2021 19 Defendants. 20 GHILOTTI BROS., INC., a California 21 Corporation, 22 Plaintiff, 23 v. 24 SYNERGY PROJECT MANAGEMENT, INC., a California Corporation, and 25 DOES 1-30, 26 Defendants. 27 28 T ROU TMA N PE PPE R HA M IL TON S A ND E RS LLP OBJECTION TO SYNERGY PROJECT MANAGEMENT, INC.’S REPLY AND DECLARATIONS IN SUPPORT 3 EMBARCADERO CENTER, STE. 800 SAN FRANCISCO, CA 94111 OF MOTION FOR LEAVE TO FILE FAC AND FACC 1 SYNERGY PROJECT MANAGEMENT, 2 INC., a California Corporation, 3 Cross-Complainant, 4 v. 5 GHILOTTI BROS., INC., a California Corporation, and ROES 1-20, 6 Cross-Defendants. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 T ROU TMA N PE PPE R HA M IL TON S A ND E RS LLPGHILOTTI BROS., INC.’S OBJECTION TO SYNERGY PROJECT MANAGEMENT, INC.’S REPLY AND 3 EMBARCADERO CENTER, STE. 800 DECLARATIONS IN SUPPORT OF MOTION FOR LEAVE TO FILE FAC AND FACC SAN FRANCISCO, CA 94111 1 TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that, pursuant to Code of Civil Procedure section 1005(b) and 3 Rule of Court 3.1300(d), Defendant/Plaintiff/Cross-Defendant Ghilotti Bros., Inc. (“GBI”) hereby 4 objects to Synergy Project Management, Inc.’s (“Synergy”) untimely Reply in Support of Motion 5 For Leave to File Fourth Amended Complaint and First Amended Cross-Complaint (“Reply”) and 6 the accompanying Reply Declaration of Johnny D. Knadler and Declaration of Javad Mirsaidi 7 (“Declarations”). 8 Under Section 1005(b), the deadline for Synergy to file and serve its Reply and any 9 accompanying declarations was Friday, March 19, 2021. Synergy purported to serve its Reply and 10 Declarations on GBI by electronic means on Sunday, March 21, 2021 at 11:37 p.m. Synergy filed 11 its Reply and Declarations on March 22, 2021. Synergy offers no excuse or explanation for its 12 untimely papers, and Synergy has consistently defied the deadlines set forth in the Code of Civil 13 Procedure over GBI’s objections for its own convenience. Accordingly, GBI respectfully requests 14 that the Court decline to consider Synergy’s Reply and Declarations. C.R.C. 3.1300(d). 15 Dated: March 22, 2021 TROUTMAN PEPPER HAMILTON SANDERS LLP 16 17 By: /s/ James P. Diwik 18 JAMES P. DIWIK RYAN A. LEWIS 19 Attorneys for Defendant/Plaintiff/Cross-Defendant GHILOTTI BROS., INC. 20 21 22 23 24 25 26 27 28 T ROU TMA N PE PPE R -1- HA M IL TON S A ND E RS LLP GHILOTTI BROS., INC.’S OBJECTION TO SYNERGY PROJECT MANAGEMENT, INC.’S REPLY AND 3 EMBARCADERO CENTER, STE. 800 SAN FRANCISCO, CA 94111 DECLARATIONS IN SUPPORT OF MOTION FOR LEAVE TO FILE FAC AND FACC 1 PROOF OF SERVICE 2 I am employed in the City and County of San Francisco, State of CA. I am over the age of 18 and not a party to the within action; my business address is Three Embarcadero Center, 3 Suite 800, San Francisco, California 94111. 4 On March 22, 2021 I served the following document(s) described as: 5 OBJECTION TO SYNERGY PROJECT MANAGEMENT, INC.’S REPLY AND DECLARATIONS IN SUPPORT OF MOTION FOR LEAVE TO FILE FOURTH 6 AMENDED COMPLAINT AND FIRST AMENDED CROSS-COMPLAINT [C.C.P. § 1005(B); CRC 3.1300(D)] 7 On the parties or attorneys for parties in this action who are identified below, using the following 8 means of service: 9 BY OVERNIGHT DELIVERY: By placing a true copy(ies) thereof enclosed in a sealed envelope(s) or package(s) as designated by Federal Express, addressed as above, and 10 depositing said envelope(s) or package(s), with delivery fees provided for, in a box regularly maintained by Federal Express at Three Embarcadero Center, Suite 800, San 11 Francisco, California 94111. 12 BY ELECTRONIC MAIL (CRC 2.251): Based on a court order or an agreement of the 13 parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent to the person(s) at the e-mail addresses, as last given or submitted on any 14 document which he or she has filed in the case. 15 Johnny D. Knadler, Esq. 16 LAW OFFICES OF JOHNNY D. KNADLER 1527 E Pershing Drive 17 San Francisco, CA 94129 Telephone: (310) 564-6695 18 Facsimile: (888) 323-0611 Email: jdknadler@gmail.com 19 jdknadler@yahoo.com 20 I declare under penalty of perjury under the laws of the State of California that the above 21 is true and correct. Executed on March 22, 2021, at San Francisco, CA. 22 23 24 Tracey Cantu 25 26 114237274v1 27 28 1 PROOF OF SERVICE