Preview
I Roger D. Wintle (SBN 142484)
Benjamin Wintle (SBN 344158)
THE HERITAGE LAW GRoUP
2033 Gateway Place, Ste. 500
3
San Jose, California 95110
4 Tel: (408) 925-0146
Email: rdw&hlausa.corn;
5
Attorney for Defendants:
Ernest Egan, E Ventures, LLC
And Piggy936, LLC
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF SAN MATEO
10
UNLIMITED JURISDICTION
11
12 MARITA ZWEIFLER, an individual, Case No. 22-CIV-00069
DBA PRM ASSOCIATION
13
DEFENDANT ERNEST EGAN; E
14 Plaintiffs, VENTURES, LLC; PIGGY936, LLC'S
POINTS AND AUTHORITIES
15 V.
Date:
16 ERNEST EGAN an individual; NICOLE Time:
GRUNBERG, an individual; TARA Dept:
AZAROFF, an individual; E VENTURES,
Ig LLC, a California limited liability
company; PIGGY936, a California limited
19 liability company; GIOCONDA-MARIA
EGAN and DOES 1-10, INCLUSIVE,
20
Defendants
21
22 INTRODUCTION
23 An entry of default was taken against Ernest Egan, E Ventures, LLC and Piggy936 on July
8, 2022. Earnest Egan is and individual and is part owner of E Ventures, LLC and Piggy936.
25
26
DEFENDANT ERNEST EGAN; E VENTURES, LLCl PIGGV936, LLC AND GIOCONDA-MARIA EGAN'S MOTION
27 AND NOTICE OF MOTION FOR ORDER VACATING AND SETTING ASIDE DEFAULT, DECLARATION OF
ERNEST EGAN, SUPPORTING POINTS AND AUTHORITIES AND PROPOSED ORDER
28
Page I
1 Mr. Egan spends much of his time traveling outside the United States. When he was served
2 with the summons, he contacted counsel to discuss representation, but never engaged legal services
3
prior to default being taken against him, E Ventures, LLC and Piggy936, LLC.
4
Mr. Egan's failure to respond to the complaint served upon him and the two limited liability
5
companies was due to his mistake, inadvertence, surprise, and excusable neglect.
6
Mr. Egan intended to engage counsel to represent him, but was unaware of the time period
g in which he had to respond to the complaint served on him and the two limited liability companies,
9 given that there were still named defendants who had never been served. See, Declaration of Ernest
Egan filed with these points and authorities.
11
LEGAL DISCUSSION
12
Section 473 of the California Code of Civil Procedure, subdivision (b) provides in
13
pertinent part as follows:
"The court may, upon any terms as may be just, relieve a party or his or her legal
15
representative from a judgment, dismissal, order or other proceeding taken against
16 him or her through his or her mistake, inadvertence, surprise, or excusable neglect.
Application for this relief... shall be made with a reasonable time, in no case
17 exceeding six months, after thejudgment, dismissal, order, or proceeding Ivas taken
(Italics added.
18
19 Tlie Request for Entry of Default was granted on July 8, 2022; six months after that date
20 would be approximately early January, 2023, less than the maximum allowed under CCP Section
21 473 (b)
22
As stated in the Declaration of Mr. Egan, there is a defense to the Complaint and a possible
23
cross complaint against the Plaintiff in this matter and, given the fact that the Plaintiff has taken no
24
action to obtain a judgment against Mr. Egan and the two limited liability companies, it is in the
25
26
DEFENDANT ERNEST EGAN; E VENTURES, LLC; PIGGY936, LLC AND GIOCONDA-MARIA EGAN'S MOTION
27 AND NQTlcE oF MoTloN FoR oRDER YAcATING AND sETPING AslDE DEFAULT, DEcLARATloN oF
ERNEST EGAN, SUPPORTING POINTS AND AUTHORITIES AND PROPOSED ORDER
28 Page 2
1 interest of justice that Mr. Egan have the opportunity to address the compliant filed by Plaintiff
against him and the two named limited liability companies.
Respectfully Submitted,
5
November 22, 2022 THE HE AGE LAttf GROUP
6
Roger/. Wintle, Attorneys for
Defendants named herein
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
DEFENDANT ERNEST EGAN; E VENTURES, LLC; PIGGV936, LLC AiND GIOCONDA-IIIARIA EGAN'S MOTION
AND NOTICE OF MOTIOiN FOR ORDER VACATliNG AND SETTING ASIDE DEFAULT, DECLARATION OF
ERNEST EGAN, SUPPORTING POINTS AiND AUTHORITIES AND PROPOSED ORDER
28 Page 3
Preview
I Roger D. Wintle (SBN 142484) Benjamin Wintle (SBN 344158) THE HERITAGE LAW GRoUP 2033 Gateway Place, Ste. 500 3 San Jose, California 95110 4 Tel: (408) 925-0146 Email: rdw&hlausa.corn; 5 Attorney for Defendants: Ernest Egan, E Ventures, LLC And Piggy936, LLC 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 10 UNLIMITED JURISDICTION 11 12 MARITA ZWEIFLER, an individual, Case No. 22-CIV-00069 DBA PRM ASSOCIATION 13 DEFENDANT ERNEST EGAN; E 14 Plaintiffs, VENTURES, LLC; PIGGY936, LLC'S POINTS AND AUTHORITIES 15 V. Date: 16 ERNEST EGAN an individual; NICOLE Time: GRUNBERG, an individual; TARA Dept: AZAROFF, an individual; E VENTURES, Ig LLC, a California limited liability company; PIGGY936, a California limited 19 liability company; GIOCONDA-MARIA EGAN and DOES 1-10, INCLUSIVE, 20 Defendants 21 22 INTRODUCTION 23 An entry of default was taken against Ernest Egan, E Ventures, LLC and Piggy936 on July 8, 2022. Earnest Egan is and individual and is part owner of E Ventures, LLC and Piggy936. 25 26 DEFENDANT ERNEST EGAN; E VENTURES, LLCl PIGGV936, LLC AND GIOCONDA-MARIA EGAN'S MOTION 27 AND NOTICE OF MOTION FOR ORDER VACATING AND SETTING ASIDE DEFAULT, DECLARATION OF ERNEST EGAN, SUPPORTING POINTS AND AUTHORITIES AND PROPOSED ORDER 28 Page I 1 Mr. Egan spends much of his time traveling outside the United States. When he was served 2 with the summons, he contacted counsel to discuss representation, but never engaged legal services 3 prior to default being taken against him, E Ventures, LLC and Piggy936, LLC. 4 Mr. Egan's failure to respond to the complaint served upon him and the two limited liability 5 companies was due to his mistake, inadvertence, surprise, and excusable neglect. 6 Mr. Egan intended to engage counsel to represent him, but was unaware of the time period g in which he had to respond to the complaint served on him and the two limited liability companies, 9 given that there were still named defendants who had never been served. See, Declaration of Ernest Egan filed with these points and authorities. 11 LEGAL DISCUSSION 12 Section 473 of the California Code of Civil Procedure, subdivision (b) provides in 13 pertinent part as follows: "The court may, upon any terms as may be just, relieve a party or his or her legal 15 representative from a judgment, dismissal, order or other proceeding taken against 16 him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief... shall be made with a reasonable time, in no case 17 exceeding six months, after thejudgment, dismissal, order, or proceeding Ivas taken (Italics added. 18 19 Tlie Request for Entry of Default was granted on July 8, 2022; six months after that date 20 would be approximately early January, 2023, less than the maximum allowed under CCP Section 21 473 (b) 22 As stated in the Declaration of Mr. Egan, there is a defense to the Complaint and a possible 23 cross complaint against the Plaintiff in this matter and, given the fact that the Plaintiff has taken no 24 action to obtain a judgment against Mr. Egan and the two limited liability companies, it is in the 25 26 DEFENDANT ERNEST EGAN; E VENTURES, LLC; PIGGY936, LLC AND GIOCONDA-MARIA EGAN'S MOTION 27 AND NQTlcE oF MoTloN FoR oRDER YAcATING AND sETPING AslDE DEFAULT, DEcLARATloN oF ERNEST EGAN, SUPPORTING POINTS AND AUTHORITIES AND PROPOSED ORDER 28 Page 2 1 interest of justice that Mr. Egan have the opportunity to address the compliant filed by Plaintiff against him and the two named limited liability companies. Respectfully Submitted, 5 November 22, 2022 THE HE AGE LAttf GROUP 6 Roger/. Wintle, Attorneys for Defendants named herein 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DEFENDANT ERNEST EGAN; E VENTURES, LLC; PIGGV936, LLC AiND GIOCONDA-IIIARIA EGAN'S MOTION AND NOTICE OF MOTIOiN FOR ORDER VACATliNG AND SETTING ASIDE DEFAULT, DECLARATION OF ERNEST EGAN, SUPPORTING POINTS AiND AUTHORITIES AND PROPOSED ORDER 28 Page 3