Preview
‘TEL: 415-929-3197 # BAX: 415-929-3476,
LAW OFFICES of R. Michael Lieberman
1398 Post Street, San Francisco, California 94109
R. MICHAEL LIEBERMAN (SBN 120831) ELECTRONICALLY
LAW OFFICES OF R. MICHAEL LIEBERMAN FILED
1398 POST STREET Suporior Court of California,
SAN FRANCISCO, CALIFORNIA 94109 County of San Francisco
TELEPHONE: (415) 929-3197 07/13/: 2017
FAX: (415) 929-3476 GY:CAROL BALIGTRERT
Deputy Clerk
Attorneys for Defendant
CARROLL HENRY
SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION
NO. CGC 17-557688
TIMOTHY A. BONNICI, an
individual Reservation No. 06070719-05
Plaintiff, REPLY MEMORANDUM OF
POINTS AND AUTHORITIES IN
vs. SUPPORT OF DEFENDANT
CARROLL HENRY’S DEMURRER
CHARLES MCMACKIN, an TO PLAINTIFF’S COMPLAINT
individual, CARROLL HENRY, an
individual, and DOES I TO 200, DATE: JULY 19, 2017
inclusive, TIME: 9:30 A.M.
DEPARTMENT NO.: 302
Defendants. TRIAL DATE: NONE SET
ATTACHED DOCUMENTS: NO
HON. HAROLD E. KAHN
1/ REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF’S COMPLAINTLAW OFFICES of R. Michael Lieberman
1398 Post Street, San Francisco, California 94109
‘TBI: 415-929-3197 © FAX: 415-929-3476
Plaintiff CARROLL HENRY (“HENRY”) respectfully requests that this
Court disregard plaintiff TIMOTHY A. BONNICI’s (“BONNICI”) late filed and
served Opposition to plaintiff HENRY’s Demurrer to Plaintiff's Complaint
(“HENRY’s Demurrer”).
Defendant HENRY’s Demurrer is set for hearing on July 19, 2017.
Plaintiff BONICI’s Opposition was, therefore, due at least 9 Court days
before July 19, 2017 - ie., July 6, 2017. See Code of Civil Procedure Section
1005(b).
And defendant HENRY’s Reply would be due at least 5 court days
before July 19, 2017 -ie., July 12, 2017. Id.
C.C.P. §1005{c) requires that Opposition and Reply papers must be
served “by personal delivery, facsimile transmission, express mail, or other
means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably
calculated to ensure delivery to the other party or parties not later than the
close of the next business day after the time the opposing papers or reply
papers, as applicable are filed.”
On the date that defendant HENRY’s Reply would have been due,
defendant HENRY’s counsel had not received plaintiff BONNICI’s Opposition.
See R. Michael Lieberman Declaration dated July 12, 2017.
2/ REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF’S COMPLAINTLaw offices of R. Michael Lieberman.
1398 Post Street, San Francisco, California 94109
TEL: 415-929-3197 # FAX: 415-929-3476
25
26
Defendant HENRY’s counsel checked the Court’s website, which
indicates that plaintiff BONNICI’s Opposition was filed on July 11, 2017 - i.e.,
6 days late and the day before defendant Henry’s Reply was due.
Moreover, the Court’s website indicates that plaintiff BONNICI’s
Opposition was served by mail and not by a method designed to be
delivered the day after filing.
Because plaintiff BONNICI filed his Opposition so late and served it
by regular mail, defendant HENRY did not receive the Opposition in time
to file a Reply in a timely fashion. Indeed, defendant HENRY still has not
received plaintiff BONNICI’s Opposition. Defendant HENRY only knows that
plaintiff BONNICI filed his Opposition because defendant HENRY’s counsel
happened to check the Court’s website late in the afternoon of July 12,
2017 - ie., the very day defendant HENRY’s Reply would have been due.
As a consequence of the foregoing, defendant HENRY respectfully
requests that this Court disregard plaintiff BONNICI’s Opposition and
sustain defendant HENRY’s Demurrer.
In the alternative, defendant HENRY respectfully requests that this
Court continue the hearing of this Demurrer to provide defendant HENRY
sufficient time to evaluate plaintiff BONNICI’s Opposition and file a timely
Reply that addresses the merits of plaintiff BONNICI’s Opposition.
3/ REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF’S COMPLAINTLAW OFFICES of R. Michael Lieberman
1398 Post Sureet, San Francisco, California 94109
‘TEL! 415-929-3197 * FAX: 415-929-3476
|
DATE: July 12, 2017
i. MICHAEL LIEBERMAI
Attorneys for Defendant
CARROLL HENRY
4/ REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF’S COMPLAINTLAW OFFICES of R. Michael Lieberman
1398 Post Street, San Francisco, California 94109
TEL: 415-929-3197 © FAX: 415-929-3476
PROOF OF SERVICE
I, MONICA TAURIELLO, declare:
I am over the age of eighteen years, not a party to this action and
am employed in the City and County of San Francisco at 1398 Post Street,
San Francisco, California 94109.
On July 12, 2017, 1 served the within document(s) entitled:
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF'S
COMPLAINT
by fax and by placing in the United States Mail a true and correct copy
thereof in a sealed envelope, with postage thereon fully prepaid,
addressed to:
GINO J. MOLINARI
LAW OFFICES OF GINO J. MOLINARI
3366 22™ ST.
SAN FRANCISCO, CA 94110
FAX: 415-648-3130
I declare under penalty of perjury undé&
Q g laws of the State of
California that the foregoing is true and_corr¢ ly
AURIELLO — \
DATED: July 12, 2017
5/ REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF'S COMPLAINT
Preview
‘TEL: 415-929-3197 # BAX: 415-929-3476, LAW OFFICES of R. Michael Lieberman 1398 Post Street, San Francisco, California 94109 R. MICHAEL LIEBERMAN (SBN 120831) ELECTRONICALLY LAW OFFICES OF R. MICHAEL LIEBERMAN FILED 1398 POST STREET Suporior Court of California, SAN FRANCISCO, CALIFORNIA 94109 County of San Francisco TELEPHONE: (415) 929-3197 07/13/: 2017 FAX: (415) 929-3476 GY:CAROL BALIGTRERT Deputy Clerk Attorneys for Defendant CARROLL HENRY SUPERIOR COURT - STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION NO. CGC 17-557688 TIMOTHY A. BONNICI, an individual Reservation No. 06070719-05 Plaintiff, REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN vs. SUPPORT OF DEFENDANT CARROLL HENRY’S DEMURRER CHARLES MCMACKIN, an TO PLAINTIFF’S COMPLAINT individual, CARROLL HENRY, an individual, and DOES I TO 200, DATE: JULY 19, 2017 inclusive, TIME: 9:30 A.M. DEPARTMENT NO.: 302 Defendants. TRIAL DATE: NONE SET ATTACHED DOCUMENTS: NO HON. HAROLD E. KAHN 1/ REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF’S COMPLAINTLAW OFFICES of R. Michael Lieberman 1398 Post Street, San Francisco, California 94109 ‘TBI: 415-929-3197 © FAX: 415-929-3476 Plaintiff CARROLL HENRY (“HENRY”) respectfully requests that this Court disregard plaintiff TIMOTHY A. BONNICI’s (“BONNICI”) late filed and served Opposition to plaintiff HENRY’s Demurrer to Plaintiff's Complaint (“HENRY’s Demurrer”). Defendant HENRY’s Demurrer is set for hearing on July 19, 2017. Plaintiff BONICI’s Opposition was, therefore, due at least 9 Court days before July 19, 2017 - ie., July 6, 2017. See Code of Civil Procedure Section 1005(b). And defendant HENRY’s Reply would be due at least 5 court days before July 19, 2017 -ie., July 12, 2017. Id. C.C.P. §1005{c) requires that Opposition and Reply papers must be served “by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable are filed.” On the date that defendant HENRY’s Reply would have been due, defendant HENRY’s counsel had not received plaintiff BONNICI’s Opposition. See R. Michael Lieberman Declaration dated July 12, 2017. 2/ REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF’S COMPLAINTLaw offices of R. Michael Lieberman. 1398 Post Street, San Francisco, California 94109 TEL: 415-929-3197 # FAX: 415-929-3476 25 26 Defendant HENRY’s counsel checked the Court’s website, which indicates that plaintiff BONNICI’s Opposition was filed on July 11, 2017 - i.e., 6 days late and the day before defendant Henry’s Reply was due. Moreover, the Court’s website indicates that plaintiff BONNICI’s Opposition was served by mail and not by a method designed to be delivered the day after filing. Because plaintiff BONNICI filed his Opposition so late and served it by regular mail, defendant HENRY did not receive the Opposition in time to file a Reply in a timely fashion. Indeed, defendant HENRY still has not received plaintiff BONNICI’s Opposition. Defendant HENRY only knows that plaintiff BONNICI filed his Opposition because defendant HENRY’s counsel happened to check the Court’s website late in the afternoon of July 12, 2017 - ie., the very day defendant HENRY’s Reply would have been due. As a consequence of the foregoing, defendant HENRY respectfully requests that this Court disregard plaintiff BONNICI’s Opposition and sustain defendant HENRY’s Demurrer. In the alternative, defendant HENRY respectfully requests that this Court continue the hearing of this Demurrer to provide defendant HENRY sufficient time to evaluate plaintiff BONNICI’s Opposition and file a timely Reply that addresses the merits of plaintiff BONNICI’s Opposition. 3/ REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF’S COMPLAINTLAW OFFICES of R. Michael Lieberman 1398 Post Sureet, San Francisco, California 94109 ‘TEL! 415-929-3197 * FAX: 415-929-3476 | DATE: July 12, 2017 i. MICHAEL LIEBERMAI Attorneys for Defendant CARROLL HENRY 4/ REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF’S COMPLAINTLAW OFFICES of R. Michael Lieberman 1398 Post Street, San Francisco, California 94109 TEL: 415-929-3197 © FAX: 415-929-3476 PROOF OF SERVICE I, MONICA TAURIELLO, declare: I am over the age of eighteen years, not a party to this action and am employed in the City and County of San Francisco at 1398 Post Street, San Francisco, California 94109. On July 12, 2017, 1 served the within document(s) entitled: REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF'S COMPLAINT by fax and by placing in the United States Mail a true and correct copy thereof in a sealed envelope, with postage thereon fully prepaid, addressed to: GINO J. MOLINARI LAW OFFICES OF GINO J. MOLINARI 3366 22™ ST. SAN FRANCISCO, CA 94110 FAX: 415-648-3130 I declare under penalty of perjury undé& Q g laws of the State of California that the foregoing is true and_corr¢ ly AURIELLO — \ DATED: July 12, 2017 5/ REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT CARROLL HENRY’S DEMURRER TO PLAINTIFF'S COMPLAINT