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1 STRATEGIC LEGAL PRACTICES, APC
Tionna Dolin (SBN 299010)
2 James L. Carroll (SBN 243684)
1888 Century Park East, 19th Fl.
3
Los Angeles, CA 90067
4 Telephone: (310) 929-4900
Facsimile: (310) 943-3838
5 emailservices@slpattorney.com
tdolin@slpattorney.com
6 jlcarroll@slpattorney.com
7
Attorneys for Plaintiff,
8 MELISSA CLAIRE TENHET
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10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF KERN
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13 MELISSA CLAIRE TENHET, Case No.: BCV-22-101476
14 Hon. Bernard C. Barmann, Jr.
Plaintiff, Dept.: H
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vs. DECLARATION OF JAMES L. CARROLL
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IN RESPONSE TO ORDER TO SHOW
17 GENERAL MOTORS, LLC.; and DOES 1 CAUSE RE: FAILURE TO APPEAR
through 10, inclusive,
18 OSC Hearing
Defendants. Date: January 18, 2023
19 Time: 8:30 a.m.
20 Dept.: H
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DECLARATION OF JAMES L. CARROLL IN RESPONSE TO OSC RE: FAILURE TO APPEAR
1 DECLARATION OF JAMES L. CARROLL
2 I, JAMES L. CARROLL, declare as follows:
3 1. I am over the age of 18 and not a party to the action. I am an attorney admitted to
4 the Bar of the State of California. I am an attorney at Strategic Legal Practices, APC (“Strategic”),
5 counsel of record for Plaintiff MELISSA CLAIRE TENHET (“Plaintiff”) in the above-entitled
6 action. My knowledge of the information and events described herein derives from a combination
7 of my personal knowledge and a careful review of the file, relevant court records, and
8 communications with others at Strategic, and, if called as a witness, I could and would
9 competently testify thereto.
10 2. I submit this declaration in response to the Court’s Order to Show Cause why
11 sanctions not to exceed $250.00 should not be imposed for failure to appear at Case Management
12 Conference hearing on 12/19/2022.
13 3. On December 19, 2022, at 8:30 a.m., the Court held a Case Management
14 Conference (“CMC”) in the above-captioned matter.
15 4. Unfortunately, due to inadvertence, error and mistake, the CMC was mis-
16 calendared on our systems for 4:30 p.m. and not at 8:30 a.m. At 4:15 p.m. on December 19, 2022,
17 I attempted to log onto the hearing and discovered the calendaring mistake.
18 5. This error has been remedied. I will be double-checking the ROA before my
19 appearances to make sure that the hearings have been calendared correctly. The error has been
20 addressed with the Manager of the Docketing Department.
21 6. I sincerely apologize to this Court and to Defendant’s counsel for this inadvertent
22 oversight and any inconvenience caused thereby. I will make every effort to ensure such errors
23 do not occur in the future.
24 7. In light of the foregoing, I respectfully request that this Court discharge its OSC re
25 Sanctions in this matter.
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DECLARATION OF JAMES L. CARROLL RE: ORDER TO SHOW CAUSE RE: SANCTIONS
1 I declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct. Executed this day, on January 11, 2023, in Los Angeles, California.
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4 __________________________________
JAMES L. CARROLL
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DECLARATION OF JAMES L. CARROLL RE: ORDER TO SHOW CAUSE RE: SANCTIONS
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PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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I am employed in the County of Los Angeles, State of California. I am over the age of 18
4 and not a party to the within action. My business address is Strategic Legal Practices, 1888
Century Park East, 19th Floor, Los Angeles, California 90067.
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On January 11, 2023, I caused to be served the document(s) described as:
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DECLARATION OF JAMES L. CARROLL IN RESPONSE TO ORDER TO SHOW
7 CAUSE RE: FAILURE TO APPEAR
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on the interested parties in this action by sending [ ] the original [or] [] a true copy thereof
9 [] to interested parties as follows [or] [ ] as stated on the attached service list:
10 Mary Arens McBride, Esq.
Ryan Kay, Esq.
11 THE ERSKINE LAW GROUP, PC.
1576 N. Batavia St., Suite A
12 Orange, CA 92867
marensmcbride@erskinelaw.com
13 rkay@erskinelaw.com
Eservice-ca@erskinelaw.com
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[ ] BY MAIL (ENCLOSED IN A SEALED ENVELOPE): I deposited the envelope(s)
15 for mailing in the ordinary course of business at Los Angeles, California. I am
“readily familiar” with this firm’s practice of collection and processing
16 correspondence for mailing. Under that practice, sealed envelopes are deposited with
the U.S. Postal Service that same day in the ordinary course of business with postage
17 thereon fully prepaid at Los Angeles, California.
18 [] BY E-MAIL: I hereby certify that this document was served from Los Angeles,
California, by e-mail delivery, as agreed between the parties, on the parties listed
19 herein at their most recent known e-mail address or e-mail of record in this action.
20 [ ] BY OVERNIGHT DELIVERY: I am “readily familiar” with this firm’s practice of
collection and processing correspondence for overnight delivery. Under that practice,
21 overnight packages are enclosed in a sealed envelope with a packing slip attached
thereto fully prepaid. The packages are picked up by the carrier at our offices or
22 delivered by our office to a designated collection site.
23 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
24 Executed this January 11, 2023, at Los Angeles, California.
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27 Miguel Chavez
28 mchavez@slpattorney.com
PROOF OF SERVICE
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1 STRATEGIC LEGAL PRACTICES, APC Tionna Dolin (SBN 299010) 2 James L. Carroll (SBN 243684) 1888 Century Park East, 19th Fl. 3 Los Angeles, CA 90067 4 Telephone: (310) 929-4900 Facsimile: (310) 943-3838 5 emailservices@slpattorney.com tdolin@slpattorney.com 6 jlcarroll@slpattorney.com 7 Attorneys for Plaintiff, 8 MELISSA CLAIRE TENHET 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF KERN 12 13 MELISSA CLAIRE TENHET, Case No.: BCV-22-101476 14 Hon. Bernard C. Barmann, Jr. Plaintiff, Dept.: H 15 vs. DECLARATION OF JAMES L. CARROLL 16 IN RESPONSE TO ORDER TO SHOW 17 GENERAL MOTORS, LLC.; and DOES 1 CAUSE RE: FAILURE TO APPEAR through 10, inclusive, 18 OSC Hearing Defendants. Date: January 18, 2023 19 Time: 8:30 a.m. 20 Dept.: H 21 22 23 24 25 26 27 28 DECLARATION OF JAMES L. CARROLL IN RESPONSE TO OSC RE: FAILURE TO APPEAR 1 DECLARATION OF JAMES L. CARROLL 2 I, JAMES L. CARROLL, declare as follows: 3 1. I am over the age of 18 and not a party to the action. I am an attorney admitted to 4 the Bar of the State of California. I am an attorney at Strategic Legal Practices, APC (“Strategic”), 5 counsel of record for Plaintiff MELISSA CLAIRE TENHET (“Plaintiff”) in the above-entitled 6 action. My knowledge of the information and events described herein derives from a combination 7 of my personal knowledge and a careful review of the file, relevant court records, and 8 communications with others at Strategic, and, if called as a witness, I could and would 9 competently testify thereto. 10 2. I submit this declaration in response to the Court’s Order to Show Cause why 11 sanctions not to exceed $250.00 should not be imposed for failure to appear at Case Management 12 Conference hearing on 12/19/2022. 13 3. On December 19, 2022, at 8:30 a.m., the Court held a Case Management 14 Conference (“CMC”) in the above-captioned matter. 15 4. Unfortunately, due to inadvertence, error and mistake, the CMC was mis- 16 calendared on our systems for 4:30 p.m. and not at 8:30 a.m. At 4:15 p.m. on December 19, 2022, 17 I attempted to log onto the hearing and discovered the calendaring mistake. 18 5. This error has been remedied. I will be double-checking the ROA before my 19 appearances to make sure that the hearings have been calendared correctly. The error has been 20 addressed with the Manager of the Docketing Department. 21 6. I sincerely apologize to this Court and to Defendant’s counsel for this inadvertent 22 oversight and any inconvenience caused thereby. I will make every effort to ensure such errors 23 do not occur in the future. 24 7. In light of the foregoing, I respectfully request that this Court discharge its OSC re 25 Sanctions in this matter. 26 27 28 1 DECLARATION OF JAMES L. CARROLL RE: ORDER TO SHOW CAUSE RE: SANCTIONS 1 I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct. Executed this day, on January 11, 2023, in Los Angeles, California. 3 4 __________________________________ JAMES L. CARROLL 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF JAMES L. CARROLL RE: ORDER TO SHOW CAUSE RE: SANCTIONS 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 4 and not a party to the within action. My business address is Strategic Legal Practices, 1888 Century Park East, 19th Floor, Los Angeles, California 90067. 5 On January 11, 2023, I caused to be served the document(s) described as: 6 DECLARATION OF JAMES L. CARROLL IN RESPONSE TO ORDER TO SHOW 7 CAUSE RE: FAILURE TO APPEAR 8 on the interested parties in this action by sending [ ] the original [or] [] a true copy thereof 9 [] to interested parties as follows [or] [ ] as stated on the attached service list: 10 Mary Arens McBride, Esq. Ryan Kay, Esq. 11 THE ERSKINE LAW GROUP, PC. 1576 N. Batavia St., Suite A 12 Orange, CA 92867 marensmcbride@erskinelaw.com 13 rkay@erskinelaw.com Eservice-ca@erskinelaw.com 14 [ ] BY MAIL (ENCLOSED IN A SEALED ENVELOPE): I deposited the envelope(s) 15 for mailing in the ordinary course of business at Los Angeles, California. I am “readily familiar” with this firm’s practice of collection and processing 16 correspondence for mailing. Under that practice, sealed envelopes are deposited with the U.S. Postal Service that same day in the ordinary course of business with postage 17 thereon fully prepaid at Los Angeles, California. 18 [] BY E-MAIL: I hereby certify that this document was served from Los Angeles, California, by e-mail delivery, as agreed between the parties, on the parties listed 19 herein at their most recent known e-mail address or e-mail of record in this action. 20 [ ] BY OVERNIGHT DELIVERY: I am “readily familiar” with this firm’s practice of collection and processing correspondence for overnight delivery. Under that practice, 21 overnight packages are enclosed in a sealed envelope with a packing slip attached thereto fully prepaid. The packages are picked up by the carrier at our offices or 22 delivered by our office to a designated collection site. 23 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 24 Executed this January 11, 2023, at Los Angeles, California. 25 26 27 Miguel Chavez 28 mchavez@slpattorney.com PROOF OF SERVICE