On April 10, 2014 a
Motion-Secondary
was filed
involving a dispute between
Garcia, Phillip,
and
Carrie Wilson, In Her Capacitcy As Trustee Of The,
Does 1 To 20,
Markham, Erika,
Markham, Shaun,
Markham, Shawn,
Wilson, Angelo,
Wilson, Carrie,
for civil
in the District Court of San Francisco County.
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LAW OFFICES OF BENNY MARTIN
Benjamin Martin (SBN 257452) ELECTRONICALLY
647 Santa Clara Ave FILED
Los Angeles, CA 90291 Superior Court of California,
510-227-4406 County of San Francisco
knowyourrightsinsf@gmail.com 01/10/2017
Clerk of the Court
aia, + - BY:VANESSA WU
Attorney for Plaintiff, Phillip Garcia Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PHILLIP GARCIA, an individual, Case # CGC-14-538560
Plaintiff, MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF PLAINTIFF
PHILLIP GARCIA’S EX PARTE
‘APPLICATION TO SUBSTITUTE CARRIE
WILSON FOR FIRST DOE DEFENDANT
VS.
ANGELO WILSON, an individual, and DOES
1-20, et. al. Date: January 12, 2017
Department: 501
Defendants. Time: 11:00 a.m.
eee
This is a routine application to substitute to the true name for a DOE defendant.
Notice of this ex parte application was provided to defense counsel on January 10, 2017.
Declaration of Plaintiff's Attorney Benny Martin in Support of Ex Parte Application
(Martin Deci.,”) 4 2, Ex. A.
I. STATEMENT OF FACTS,
Defense counsel Murchison & Cummings represents all defendants in this matter, and all
papers relating to all defendants are served thereon.
Plaintiff's Second Amended Complaint (“SAC”) was filed on January 14, 2016. Paragraph
10 provides,
Plaintiffs do not know the names and capacities of any unnamed defendants sued.
herein as DOES 1-20. Plaintiffs will amend this Complaint when the true names
and capacities of Defendants have been ascertained.
Martin Decl., § 3, Ex. B. Plaintiff has learned that Carrie Wilson is a liable party on his First,
Second, Third, Fourth Fifth, Sixth, and Seventh Causes of Action. From independent investigation,
-1-
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S EX PARTE|
APPLICATION TO SUBSTITUTE CARRIE WILSON FOR FIRST DOE DEFENDANTnD
Plaintiff is now informed and believes that Defendant The Wilson Family Trust is a fraudulent
entity existing to shield Carrie Wilson from liability. Specifically, there is no such trust as the
Wilson Family Trust, it is the alter ego of Carrie Wilson, or it is a shell entity. Martin Decl., § 4.
Trial is scheduled for March 27, 2017. Discovery closes February 26, 2017. Carrie Wilson in
her individual capacity has sufficient time to conduct discovery. Plaintiff has already responded to
hundreds of interrogatories, admission requests, and document requests. Plaintiff has already been
deposed. Martin Decl., ¥ 5.
I. LEGAL ARGUMENT.
A plaintiff may name a “doe” defendant when ignorant of the true name of a defendant at the
time the complaint is filed. After discovering the “doe” defendant’s true name, the plaintiff may
amend the complaint to substitute the identified defendant for the fictitiously named “doe” and the
amendment will “relate back” to the filing of the original complaint for statute of limitations
purposes. C.C.P. § 474; Woo v. Superior Court (1999) 75 Cal.App.4th 169. The phrase “ignorant of
the name of a defendant” is broadly interpreted to mean not only ignorant of the defendant’s identity,
but also ignorant of the facts giving rise to a cause of action against that defendant. General Motors
Corp. v. Superior Court, (1996) 48 Cal.App.4" 50, 593-594. In this case, Plaintiff's SAC named
Does 1-20 in its caption, and in paragraph 10, and pled that he would seek to amend his SAC when
the true names are uncovered. At the time Plaintiff filed his SAC, he was unaware of the facts giving
rise to a cause of action against Carrie Wilson in her individual capacity. Such facts came to light.
Plaintiff is now informed and believes that Defendant The Wilson Family Trust is a fraudulent entity
existing to shield Carrie Wilson from liability. Specifically, there is no such trust as the Wilson
Family Trust, it is the alter ego of Carrie Wilson, or it is a shell entity. Martin Decl., {§ 1-5.
Il. CONCLUSION.
For the foregoing reasons, Plaintiff respectfully requests the permitting Plaintiff to name
defendant DOE 1 as “Carrie Wilson.”
DATED: January 10, 2017 LAW OFFICES OF BENNY MARTIN
BENJAMIN MARTIN
Peoeu Attorney for Plaintiff
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S EX PARTE|
APPLICATION TO SUBSTITUTE CARRIE WILSON FOR FIRST DOE DEFENDANT
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nD LAW OFFICES OF BENNY MARTIN Benjamin Martin (SBN 257452) ELECTRONICALLY 647 Santa Clara Ave FILED Los Angeles, CA 90291 Superior Court of California, 510-227-4406 County of San Francisco knowyourrightsinsf@gmail.com 01/10/2017 Clerk of the Court aia, + - BY:VANESSA WU Attorney for Plaintiff, Phillip Garcia Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PHILLIP GARCIA, an individual, Case # CGC-14-538560 Plaintiff, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S EX PARTE ‘APPLICATION TO SUBSTITUTE CARRIE WILSON FOR FIRST DOE DEFENDANT VS. ANGELO WILSON, an individual, and DOES 1-20, et. al. Date: January 12, 2017 Department: 501 Defendants. Time: 11:00 a.m. eee This is a routine application to substitute to the true name for a DOE defendant. Notice of this ex parte application was provided to defense counsel on January 10, 2017. Declaration of Plaintiff's Attorney Benny Martin in Support of Ex Parte Application (Martin Deci.,”) 4 2, Ex. A. I. STATEMENT OF FACTS, Defense counsel Murchison & Cummings represents all defendants in this matter, and all papers relating to all defendants are served thereon. Plaintiff's Second Amended Complaint (“SAC”) was filed on January 14, 2016. Paragraph 10 provides, Plaintiffs do not know the names and capacities of any unnamed defendants sued. herein as DOES 1-20. Plaintiffs will amend this Complaint when the true names and capacities of Defendants have been ascertained. Martin Decl., § 3, Ex. B. Plaintiff has learned that Carrie Wilson is a liable party on his First, Second, Third, Fourth Fifth, Sixth, and Seventh Causes of Action. From independent investigation, -1- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S EX PARTE| APPLICATION TO SUBSTITUTE CARRIE WILSON FOR FIRST DOE DEFENDANTnD Plaintiff is now informed and believes that Defendant The Wilson Family Trust is a fraudulent entity existing to shield Carrie Wilson from liability. Specifically, there is no such trust as the Wilson Family Trust, it is the alter ego of Carrie Wilson, or it is a shell entity. Martin Decl., § 4. Trial is scheduled for March 27, 2017. Discovery closes February 26, 2017. Carrie Wilson in her individual capacity has sufficient time to conduct discovery. Plaintiff has already responded to hundreds of interrogatories, admission requests, and document requests. Plaintiff has already been deposed. Martin Decl., ¥ 5. I. LEGAL ARGUMENT. A plaintiff may name a “doe” defendant when ignorant of the true name of a defendant at the time the complaint is filed. After discovering the “doe” defendant’s true name, the plaintiff may amend the complaint to substitute the identified defendant for the fictitiously named “doe” and the amendment will “relate back” to the filing of the original complaint for statute of limitations purposes. C.C.P. § 474; Woo v. Superior Court (1999) 75 Cal.App.4th 169. The phrase “ignorant of the name of a defendant” is broadly interpreted to mean not only ignorant of the defendant’s identity, but also ignorant of the facts giving rise to a cause of action against that defendant. General Motors Corp. v. Superior Court, (1996) 48 Cal.App.4" 50, 593-594. In this case, Plaintiff's SAC named Does 1-20 in its caption, and in paragraph 10, and pled that he would seek to amend his SAC when the true names are uncovered. At the time Plaintiff filed his SAC, he was unaware of the facts giving rise to a cause of action against Carrie Wilson in her individual capacity. Such facts came to light. Plaintiff is now informed and believes that Defendant The Wilson Family Trust is a fraudulent entity existing to shield Carrie Wilson from liability. Specifically, there is no such trust as the Wilson Family Trust, it is the alter ego of Carrie Wilson, or it is a shell entity. Martin Decl., {§ 1-5. Il. CONCLUSION. For the foregoing reasons, Plaintiff respectfully requests the permitting Plaintiff to name defendant DOE 1 as “Carrie Wilson.” DATED: January 10, 2017 LAW OFFICES OF BENNY MARTIN BENJAMIN MARTIN Peoeu Attorney for Plaintiff MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S EX PARTE| APPLICATION TO SUBSTITUTE CARRIE WILSON FOR FIRST DOE DEFENDANT