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OA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Apr-28-2014 3:45 pm
Case Number: CGC-13-535864
Filing Date: Apr-28-2014 3:45
Filed by: MICHAEL RAYRAY
Juke Box: 001 Image: 04463528
GENERIC CIVIL FILING (NO FEE)
BENTLY BIOFUELS COMPANY LLC DBA BENTLY BIOFUELS VS. K. DAVID
FISHER et al
001004463528
Instructions:
Please place this sheet on top of the document to be scanned.~
Oo wm YW A HW PF WN
NR YN NN NN NY Bee ew ew ee ee oe eB
QA A FF YW NH KF FSO AHA ADA HW BF wWwN eH SD
28
TINGLEY Law Group
ATTORNEYS AT LAW
© 3°
CURTIS R. TINGLEY (SBN 112322)
KEVIN W. ISAACSON (SBN 281067)
TINGLEY LAW GROUP, PC Son Franee /
10 Almaden Boulevard, Suite 430 vancisco County Superior Court
San Jose, California 95113 APR 282014
Telephone: (408) 283-7000
Facsimile: (408) 283-7010
CLERK OF, THE COURT
Attorneys for Defendants By.
K. DAVID FISHER; 3D OIL&GREASE LLC Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
BENTLY BIOFUELS COMPANY LLC CASE NO. CGC-13-535864
dba BENTLY BIOFUELS COLLECTION
SERVICES, LLC, DEFENDANTS’ NOTICE OF
OBJECTION TO CASE
Plaintiff, MANAGEMENT ORDER AND
FURTHER DEMAND FOR JURY
ve TRIAL
K. DAVID FISHER; 3D OIL & GREASE LLC; Complaint Filed: December 3, 2013
and DOES 1-25, inclusive,
Defendants. BY F AX
Defendants K. DAVID FISHER and 3D OIL & GREASE LLC (hereinafter “Defendants”)
hereby object to the Case Management Order setting a Court Trial on December 8, 2014.
Defendants object to the setting of a Court Trial on the grounds that Defendants have a
right to a jury trial as declared by Section 16 of Article I of the California Constitution which
right “shall be preserved to the parties inviolate”, Defendants have requested and demanded a jury
trial and timely paid the fees required in Code of Civil Procedure § 631. (See Defendants’ Case
Management Conference Statement; see also Court’s Docket.) Furthermore, none of the
situations in which the right to a jury trial may be waived under Code of Civil Procedure § 631(f)
are applicable as Defendants timely paid the fees required and announced that a jury trial was
required prior to the setting of trial. (Id.) Furthermore, Defendants hereby make a further request
and demand a trial by jury within five (5) days of the Court’s Case Management Order. (Id.)
T2TESEAS.doc
DEFENDANTS’ NOTICE OF OBJECTION TO CASE MANAGEMENT ORDER
AND FURTHER DEMAND FOR JURY TRIALCo em ND HAH RW HN
NR NN NY N NN NY Be Be we Be ee Oe Re
QI DAA RF BH FSF So we I DAH BF YW NH HK DO
28
“TINGLEY Law GRouP
ATTORNEYS AT LAW
oO 3
Thus, Defendants respectfully request that the Court set a Jury Trial in this action to preserve
Defendants’ right to a jury trial as guaranteed by the California Constitution.
Attached hereto as Exhibit A is a true and correct copy of the Notice of Time and Place of
Trial (hereinafter the “NOTICE”). Pursuant to said NOTICE, all counsel are required to appear
for an objection hearing on May 7, 2014, at 10:30 a.m., in Department 610 of the above-entitled
Court located at 400 McAllister Street, San Francisco, California.
Dated: April 28, 2014 TINGLEY LAW GROUP, PC
By: .
KEVIN W. ISAACSON
Attorneys for Defendants
TATESEAS. doc -2-
DEFENDANTS’ NOTICE OF OBJECTION TO CASE MANAGEMENT ORDER
AND FURTHER DEMAND FOR JURY TRIALEXHIBIT A° °
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514
BENTLY BIOFUELS COMPANY LLC DBA Case Management Department 610
BENTLY BIOFUELS Case Management Order
PLAINTIFF (S)
vs. NO. CGC-13-535864
K. DAVID FISHER et al
Notice of Time and Place of Trial
DEFENDANT (8)
TO: ALL COUNSEL AND SELF-REPRESENTED LITIGANTS
The May-07-2014 CASE MANAGEMENT CONFERENCE is canceled.
YOU ARE HEREBY NOTIFIED that this case is set for Court TRIAL on Dec-08-2014 at 9:30 am in
Department 206.
{f any party objects to this order, written notice of the objection must be filed with the Court; a courtesy
copy must be delivered to Department 610 and served on all parties; and all counsel must appear for an
objection hearing on May-07-2014 in Department 610 at 10:30 am.
After May-07-2014, ALL REQUESTS FOR CONTINUANCE MUST BE SUBMITTED TO THE
PRESIDING JUDGE in Department 206, 400 MCALLISTER STREET, SAN FRANCISCO, CA
94102-4514. :
DATED: APR-23-2014 CYNTHIA M. LEE
JUDGE OF THE SUPERIOR COURT
Notice of Time and Place of Trial
Form 000001o . °
CERTIFICATE OF SERVICE BY MAIL
‘1, the undersigned, certify that | am an employee of the Superior Court of California, County of San Francisco and not a party to
the above-entitled cause and that on APR-23-2014 | served the attached Notice. of Time and Place of Trial by placing a copy
thereof in an envelope addressed to all parties to this action as listed below. | then placed the envelope in the outgoing mail at
400 McAllister Street, San Francisco, CA 94102, on the date indicated above for collection, sealing of the envelope, attachment
of required prepaid postage, and mailing on that date, following standard court practice.
Dated: APR-23-2014 By: DAVID YUEN
CURTIS R TINGLEY (112322)
TINGLEY PIONTKOWSK! LLP
10 ALMADEN BLVD, STE 430
SAN JOSE, CA 95113
RONALD JOHN HOLLAND (148687)
SHEPPARD MULLIN RICHTER & HAMPTON, LLP
FOUR EMBARCADERO CENTER,
417TH FL
SAN FRANCISCO, CA 94111 -
CURTIS R TINGLEY (112322)
TINGLEY PIONTKOWSKI LLP
10 ALMADEN BLVD, STE 430
SAN JOSE, CA 95113
CERTIFICATE OF SERVICE BY MAIL
Page 1 of 1 Form 000001oem I HH BP wD bw
NN NN NY Be ewe oe oe oe oe a ~
Fs YH F SOD we rR AA RBH o
a
yNoN
An
27
28
TINGLEY Law Group
ATTORNEYS AT LAW
© °
CASE NAME: BENTLY BIOFUELS vy. FISHER, et al. CASE NO.: CGC-13-535864
PROOF OF SERVICE
I am a citizen of the United States. My business address is 10 Almaden Boulevard,
Suite 430, San Jose, California 95113. I am employed in the County of Santa Clara where this
service occurs. I am over the age of 18 years, and not a party to the within cause. I am readily
familiar with my employer’s normal business practice for collection and processing of
correspondence for mailing with the U.S. Postal Service, and that practice is that correspondence
is deposited with the U.S. Postal Service the same day as the day of collection in the ordinary
course of business.
On the date set forth below, following ordinary business practice, I served a true copy of
the foregoing document(s) described as:
DEFENDANTS’ NOTICE OF OBJECTION TO CASE MANAGEMENT ORDER
AND FURTHER DEMAND FOR JURY TRIAL
(BY FAX) by transmitting via facsimile the document(s) listed above to the fax
number(s) set forth below, or as stated on the attached service list, on this date
before 5:00 p.m.
(BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be
placed in the United States mail at San Jose, California.
(BY PERSONAL SERVICE) I caused such document(s) to be delivered by hand
this date to the office of the addressee(s).
(BY OVERNIGHT DELIVERY) I caused such envelope(s) to be delivered to an
overnight delivery carrier with delivery fees provided for, addressed to the
person(s) on whom it is to be served.
oO
x]
Oo
Ronald J. Holland
Babak G. Yousefzadeh
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Four Embarcadero Center, 17" Floor
San Francisco, California 94111-4109
[Attorneys for Plaintiff]
Telephone: (415) 434-9100
Facsimile: (415) 434-3947
kK (State) I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
Executed on April 28, 2014, at San Jose, California.
LORE’ is ‘AM. Aste CCLS
96DFSBB2.doc
PROOF OF SERVICE
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OA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Apr-28-2014 3:45 pm Case Number: CGC-13-535864 Filing Date: Apr-28-2014 3:45 Filed by: MICHAEL RAYRAY Juke Box: 001 Image: 04463528 GENERIC CIVIL FILING (NO FEE) BENTLY BIOFUELS COMPANY LLC DBA BENTLY BIOFUELS VS. K. DAVID FISHER et al 001004463528 Instructions: Please place this sheet on top of the document to be scanned.~ Oo wm YW A HW PF WN NR YN NN NN NY Bee ew ew ee ee oe eB QA A FF YW NH KF FSO AHA ADA HW BF wWwN eH SD 28 TINGLEY Law Group ATTORNEYS AT LAW © 3° CURTIS R. TINGLEY (SBN 112322) KEVIN W. ISAACSON (SBN 281067) TINGLEY LAW GROUP, PC Son Franee / 10 Almaden Boulevard, Suite 430 vancisco County Superior Court San Jose, California 95113 APR 282014 Telephone: (408) 283-7000 Facsimile: (408) 283-7010 CLERK OF, THE COURT Attorneys for Defendants By. K. DAVID FISHER; 3D OIL&GREASE LLC Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO BENTLY BIOFUELS COMPANY LLC CASE NO. CGC-13-535864 dba BENTLY BIOFUELS COLLECTION SERVICES, LLC, DEFENDANTS’ NOTICE OF OBJECTION TO CASE Plaintiff, MANAGEMENT ORDER AND FURTHER DEMAND FOR JURY ve TRIAL K. DAVID FISHER; 3D OIL & GREASE LLC; Complaint Filed: December 3, 2013 and DOES 1-25, inclusive, Defendants. BY F AX Defendants K. DAVID FISHER and 3D OIL & GREASE LLC (hereinafter “Defendants”) hereby object to the Case Management Order setting a Court Trial on December 8, 2014. Defendants object to the setting of a Court Trial on the grounds that Defendants have a right to a jury trial as declared by Section 16 of Article I of the California Constitution which right “shall be preserved to the parties inviolate”, Defendants have requested and demanded a jury trial and timely paid the fees required in Code of Civil Procedure § 631. (See Defendants’ Case Management Conference Statement; see also Court’s Docket.) Furthermore, none of the situations in which the right to a jury trial may be waived under Code of Civil Procedure § 631(f) are applicable as Defendants timely paid the fees required and announced that a jury trial was required prior to the setting of trial. (Id.) Furthermore, Defendants hereby make a further request and demand a trial by jury within five (5) days of the Court’s Case Management Order. (Id.) T2TESEAS.doc DEFENDANTS’ NOTICE OF OBJECTION TO CASE MANAGEMENT ORDER AND FURTHER DEMAND FOR JURY TRIALCo em ND HAH RW HN NR NN NY N NN NY Be Be we Be ee Oe Re QI DAA RF BH FSF So we I DAH BF YW NH HK DO 28 “TINGLEY Law GRouP ATTORNEYS AT LAW oO 3 Thus, Defendants respectfully request that the Court set a Jury Trial in this action to preserve Defendants’ right to a jury trial as guaranteed by the California Constitution. Attached hereto as Exhibit A is a true and correct copy of the Notice of Time and Place of Trial (hereinafter the “NOTICE”). Pursuant to said NOTICE, all counsel are required to appear for an objection hearing on May 7, 2014, at 10:30 a.m., in Department 610 of the above-entitled Court located at 400 McAllister Street, San Francisco, California. Dated: April 28, 2014 TINGLEY LAW GROUP, PC By: . KEVIN W. ISAACSON Attorneys for Defendants TATESEAS. doc -2- DEFENDANTS’ NOTICE OF OBJECTION TO CASE MANAGEMENT ORDER AND FURTHER DEMAND FOR JURY TRIALEXHIBIT A° ° SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO 400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514 BENTLY BIOFUELS COMPANY LLC DBA Case Management Department 610 BENTLY BIOFUELS Case Management Order PLAINTIFF (S) vs. NO. CGC-13-535864 K. DAVID FISHER et al Notice of Time and Place of Trial DEFENDANT (8) TO: ALL COUNSEL AND SELF-REPRESENTED LITIGANTS The May-07-2014 CASE MANAGEMENT CONFERENCE is canceled. YOU ARE HEREBY NOTIFIED that this case is set for Court TRIAL on Dec-08-2014 at 9:30 am in Department 206. {f any party objects to this order, written notice of the objection must be filed with the Court; a courtesy copy must be delivered to Department 610 and served on all parties; and all counsel must appear for an objection hearing on May-07-2014 in Department 610 at 10:30 am. After May-07-2014, ALL REQUESTS FOR CONTINUANCE MUST BE SUBMITTED TO THE PRESIDING JUDGE in Department 206, 400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514. : DATED: APR-23-2014 CYNTHIA M. LEE JUDGE OF THE SUPERIOR COURT Notice of Time and Place of Trial Form 000001o . ° CERTIFICATE OF SERVICE BY MAIL ‘1, the undersigned, certify that | am an employee of the Superior Court of California, County of San Francisco and not a party to the above-entitled cause and that on APR-23-2014 | served the attached Notice. of Time and Place of Trial by placing a copy thereof in an envelope addressed to all parties to this action as listed below. | then placed the envelope in the outgoing mail at 400 McAllister Street, San Francisco, CA 94102, on the date indicated above for collection, sealing of the envelope, attachment of required prepaid postage, and mailing on that date, following standard court practice. Dated: APR-23-2014 By: DAVID YUEN CURTIS R TINGLEY (112322) TINGLEY PIONTKOWSK! LLP 10 ALMADEN BLVD, STE 430 SAN JOSE, CA 95113 RONALD JOHN HOLLAND (148687) SHEPPARD MULLIN RICHTER & HAMPTON, LLP FOUR EMBARCADERO CENTER, 417TH FL SAN FRANCISCO, CA 94111 - CURTIS R TINGLEY (112322) TINGLEY PIONTKOWSKI LLP 10 ALMADEN BLVD, STE 430 SAN JOSE, CA 95113 CERTIFICATE OF SERVICE BY MAIL Page 1 of 1 Form 000001oem I HH BP wD bw NN NN NY Be ewe oe oe oe oe a ~ Fs YH F SOD we rR AA RBH o a yNoN An 27 28 TINGLEY Law Group ATTORNEYS AT LAW © ° CASE NAME: BENTLY BIOFUELS vy. FISHER, et al. CASE NO.: CGC-13-535864 PROOF OF SERVICE I am a citizen of the United States. My business address is 10 Almaden Boulevard, Suite 430, San Jose, California 95113. I am employed in the County of Santa Clara where this service occurs. I am over the age of 18 years, and not a party to the within cause. I am readily familiar with my employer’s normal business practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and that practice is that correspondence is deposited with the U.S. Postal Service the same day as the day of collection in the ordinary course of business. On the date set forth below, following ordinary business practice, I served a true copy of the foregoing document(s) described as: DEFENDANTS’ NOTICE OF OBJECTION TO CASE MANAGEMENT ORDER AND FURTHER DEMAND FOR JURY TRIAL (BY FAX) by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below, or as stated on the attached service list, on this date before 5:00 p.m. (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at San Jose, California. (BY PERSONAL SERVICE) I caused such document(s) to be delivered by hand this date to the office of the addressee(s). (BY OVERNIGHT DELIVERY) I caused such envelope(s) to be delivered to an overnight delivery carrier with delivery fees provided for, addressed to the person(s) on whom it is to be served. oO x] Oo Ronald J. Holland Babak G. Yousefzadeh SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17" Floor San Francisco, California 94111-4109 [Attorneys for Plaintiff] Telephone: (415) 434-9100 Facsimile: (415) 434-3947 kK (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on April 28, 2014, at San Jose, California. LORE’ is ‘AM. Aste CCLS 96DFSBB2.doc PROOF OF SERVICE