On July 25, 2022 a
Party Statement
was filed
involving a dispute between
Chaney, Steven R,
and
Does 1 Through 50, Inclusive,
Green, Brenda Lee,
for Other non-PI/PD/WD Tort Unlimited
in the District Court of San Bernardino County.
Preview
ClV-141
ATTORNEY OR PARTY WiTHOUT ATTORNEY; STATE BAR NO:
FOR COURT USE ONLY
NAME:Scott J. Sheldon,SBN 290258
HRM NAME: Law Office of Scott J. Sheldon
STREEI ADDRESS10788 Civic Center Drive
cm: Rancho Cucamonga STATE:CA 219(2005291730 ‘
.
I
FM “0’
‘
TELEPHONENo.:(909) 660-3062 SUPERWRVUO‘UHF ‘ru’mfj‘xs
E.MAILAooRess:scottsheldon@sheldonlawgroup.com
C iFORNm
COUNT? 0F S "RBREMRDINQ
ATTORNEY Foawame):Defendant, BRENDA LEE GREEN SAN 531W"? “‘
<“2%s=wcr
SUPERiOR COURT OF CALiFORNIA, COUNTY OF SAN BERNARDiNO
STREET ADDRESS;247 West Third Street
MAILwG Aooaess. (same)
cn'v
AND 2w CODE: San Bernardino, CA 9241 5 8‘;
BRANCH NAME: San Bernardino District - Civii
Division
PLAINTIFFIPETITIONER: STEVEN R. CHANEY
DEFENDANTI‘RESPONDENT: BRENDA LEE GREEN
CASE NUMBER:
DECLARATmN 0F DEMURRiNG 0R MGVING PARTY CNSBZMM
IN SUPPORT OF AUTOMA'HC EXTENsmN
1, (Name ofparty):BRENDA LEE GREEN was served with
E a compsaini [:3 an amended complaint E: a cross-complaint
Ein
an answer C]
the above—titied action.
other (specify):
2. For a demurrer or motion to
strike,a responsive pleadingEsdue on (date):October 31, 2022
DECLARATION
intend to file a demurrer. motion to strike. or motion forjudgment on the pleadings in this action. Before
I
lcan do so, am required to
l
meet and confer with the party who filed the pleading that
am responding to at least five days before the date when the responsive
I
am filing a demurrer or motion to strike) and at least five days before the last day a motion forjudgment on the
pleading is due (if
t
pleadings may be filed(ifam filing a motion forjudgment on the pleadings)”
I
We have not been able to meet and confer‘ [have not
previously requested an automatic extension of time‘ Therefore, on timety filing and serving a deciaration that meets the requirements
of Code of Civif Procedure sections 430.41
,435.5, or 439.Iam emitted to an automatic 30-day extension of time within which to file a
responsive pleading or motion for judgment on the pleadings‘
Imade a good faith attempt lo meet and confer with the party who filed the pleading at feast five days before the date the responsive
pleading was due (ifIam filing a demurrer or motion to strike) and at least five days before the last day a motion for judgment on the
pleadings may be filed (if
Iam filing a motion forjudgment on the pleadings).Iwas unable to meet with that party because
(the reasons why the parties could no! meet and confer are stated):
below
On October 21.
E
2022, i
on form MC-031 ,
Attached Declaration
called the office for counsel for Mr. Aaron Garcia, Esq.
Plaintiff, lspoke to life in Mr. Garica‘s office who
informed me that he was unavaiiable. lhave a missed calland voice man from Mr. Garcia later that day. On Sunday. October 23.
2022. Isent an email to Mr. Garcia requesting his availability to speak by phone this week.
Ihave not yet received a response to
this emait andlhave not had the opportunity to call Mr. Garcia again during business hours because
fam currentiy in trial in
another matter.
kdeciare under penalty of perjury under the flaws of the State of Cafifomia that the information above
is trueand correct.
Date: October 25,2022
ScottJ.Sheldon >
(NAME OF PARTY OR ATTORNEY FOR PARTY) (SJGNATURE OF PARTY OR ATTORNEY FOR PARTY)
Page1 011
Form Approved Use
far Optional
DECLARATION OF DEMURR‘NG 0R MOV'NG PARTY Codeof Civil Procedura,
WW
Judiciat Council a! California
[RevJam 1-2°19!
1N SUPPORT 0F AUTOMATIC EXTENsrou
§§ 430.41, 435.5, 439
wwm-ca-eov
PROOF 0F SERVICE
Iam a resident of the state of California, over the age of eighteen, and not a party to this action.
b.)
My business address is: 10788 Civic Center Drive, Rancho Cucamonga, CA 9.1730. Iserved the
following documents:
I DECLARATION OF DEMURRING 0R MOVING PARTY IN SUPPORT OF AUTOMATIC
EXTENSION (CIV-l41)
KOOONQUIA
D As set forth on the attached mailing list;or
To the following party/parties:
Mr. Aaron F. Garcia, Esq.
Law Offices of Aaron F. Garcia, APC
7I~780 San Jacinto Drive, Bldg. J
10
Rancho Mirage, CA 92270
11 Attorneyfor PLAINTIFF
STEVEN R. CHANEY
12
Through the following method:
13
I4
E BY MAIL: I am “readily familiar" with this office’s practice
0f collection and processing of
correspondence for mailing. Under that practice, it would be deposited with the US. Postal
Service on that same day with postage thereon fully prepaid at Rancho
15 Cucamonga, California
in the ordinary course ofbusiness. I am aware that on motion of the
party served, service is
I6 presumed invalid if postal cancellation date or postage meter date is more than one day after the
date of deposit for mailing an affidavit.
l7
18
D BY OVERNIGHT DELIVERY: I caused such documents to be enclosed
in an envelope and
caused the envelope to be placed for collection and overnight delivery at an
office 0r regularly
utilized drop box of the overnight delivery carrier.
19
20
D BY FAX: Icaused the documents t0 be faxed to the persons at the fax numbers listed above.
No error was reported by the fax machine that I used. A copy 0f the record of the fax
21 transmission, which I printed out, is attached.
22 D BY PERSONAL SERVICE: I personally delivered the documents to the persons identified
above.
23
D BY ELECTRONIC SERVICE: I caused the documents to be sent t0 their persons at the
24 electronic service addresses listed above subject t0 court rule, court order, agreement of the
parties, and/or California Ruies ofCourt, Rule 2.251.
25
Ideclare under the penalty of per} ury under the iaws of the State of California
that the above is
26 true and correct. Executed on October 25, 2022 at Rancho Cucamongay California.
27
28 Scott Sheldon
- 1 -
PROOF OF SERVICE
Document Filed Date
October 26, 2022
Case Filing Date
July 25, 2022
Category
Other non-PI/PD/WD Tort Unlimited
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ClV-141 ATTORNEY OR PARTY WiTHOUT ATTORNEY; STATE BAR NO: FOR COURT USE ONLY NAME:Scott J. Sheldon,SBN 290258 HRM NAME: Law Office of Scott J. Sheldon STREEI ADDRESS10788 Civic Center Drive cm: Rancho Cucamonga STATE:CA 219(2005291730 ‘ . I FM “0’ ‘ TELEPHONENo.:(909) 660-3062 SUPERWRVUO‘UHF ‘ru’mfj‘xs E.MAILAooRess:scottsheldon@sheldonlawgroup.com C iFORNm COUNT? 0F S "RBREMRDINQ ATTORNEY Foawame):Defendant, BRENDA LEE GREEN SAN 531W"? “‘ <“2%s=wcr SUPERiOR COURT OF CALiFORNIA, COUNTY OF SAN BERNARDiNO STREET ADDRESS;247 West Third Street MAILwG Aooaess. (same) cn'v AND 2w CODE: San Bernardino, CA 9241 5 8‘; BRANCH NAME: San Bernardino District - Civii Division PLAINTIFFIPETITIONER: STEVEN R. CHANEY DEFENDANTI‘RESPONDENT: BRENDA LEE GREEN CASE NUMBER: DECLARATmN 0F DEMURRiNG 0R MGVING PARTY CNSBZMM IN SUPPORT OF AUTOMA'HC EXTENsmN 1, (Name ofparty):BRENDA LEE GREEN was served with E a compsaini [:3 an amended complaint E: a cross-complaint Ein an answer C] the above—titied action. other (specify): 2. For a demurrer or motion to strike,a responsive pleadingEsdue on (date):October 31, 2022 DECLARATION intend to file a demurrer. motion to strike. or motion forjudgment on the pleadings in this action. Before I lcan do so, am required to l meet and confer with the party who filed the pleading that am responding to at least five days before the date when the responsive I am filing a demurrer or motion to strike) and at least five days before the last day a motion forjudgment on the pleading is due (if t pleadings may be filed(ifam filing a motion forjudgment on the pleadings)” I We have not been able to meet and confer‘ [have not previously requested an automatic extension of time‘ Therefore, on timety filing and serving a deciaration that meets the requirements of Code of Civif Procedure sections 430.41 ,435.5, or 439.Iam emitted to an automatic 30-day extension of time within which to file a responsive pleading or motion for judgment on the pleadings‘ Imade a good faith attempt lo meet and confer with the party who filed the pleading at feast five days before the date the responsive pleading was due (ifIam filing a demurrer or motion to strike) and at least five days before the last day a motion for judgment on the pleadings may be filed (if Iam filing a motion forjudgment on the pleadings).Iwas unable to meet with that party because (the reasons why the parties could no! meet and confer are stated): below On October 21. E 2022, i on form MC-031 , Attached Declaration called the office for counsel for Mr. Aaron Garcia, Esq. Plaintiff, lspoke to life in Mr. Garica‘s office who informed me that he was unavaiiable. lhave a missed calland voice man from Mr. Garcia later that day. On Sunday. October 23. 2022. Isent an email to Mr. Garcia requesting his availability to speak by phone this week. Ihave not yet received a response to this emait andlhave not had the opportunity to call Mr. Garcia again during business hours because fam currentiy in trial in another matter. kdeciare under penalty of perjury under the flaws of the State of Cafifomia that the information above is trueand correct. Date: October 25,2022 ScottJ.Sheldon > (NAME OF PARTY OR ATTORNEY FOR PARTY) (SJGNATURE OF PARTY OR ATTORNEY FOR PARTY) Page1 011 Form Approved Use far Optional DECLARATION OF DEMURR‘NG 0R MOV'NG PARTY Codeof Civil Procedura, WW Judiciat Council a! California [RevJam 1-2°19! 1N SUPPORT 0F AUTOMATIC EXTENsrou §§ 430.41, 435.5, 439 wwm-ca-eov PROOF 0F SERVICE Iam a resident of the state of California, over the age of eighteen, and not a party to this action. b.) My business address is: 10788 Civic Center Drive, Rancho Cucamonga, CA 9.1730. Iserved the following documents: I DECLARATION OF DEMURRING 0R MOVING PARTY IN SUPPORT OF AUTOMATIC EXTENSION (CIV-l41) KOOONQUIA D As set forth on the attached mailing list;or To the following party/parties: Mr. Aaron F. Garcia, Esq. Law Offices of Aaron F. Garcia, APC 7I~780 San Jacinto Drive, Bldg. J 10 Rancho Mirage, CA 92270 11 Attorneyfor PLAINTIFF STEVEN R. CHANEY 12 Through the following method: 13 I4 E BY MAIL: I am “readily familiar" with this office’s practice 0f collection and processing of correspondence for mailing. Under that practice, it would be deposited with the US. Postal Service on that same day with postage thereon fully prepaid at Rancho 15 Cucamonga, California in the ordinary course ofbusiness. I am aware that on motion of the party served, service is I6 presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing an affidavit. l7 18 D BY OVERNIGHT DELIVERY: I caused such documents to be enclosed in an envelope and caused the envelope to be placed for collection and overnight delivery at an office 0r regularly utilized drop box of the overnight delivery carrier. 19 20 D BY FAX: Icaused the documents t0 be faxed to the persons at the fax numbers listed above. No error was reported by the fax machine that I used. A copy 0f the record of the fax 21 transmission, which I printed out, is attached. 22 D BY PERSONAL SERVICE: I personally delivered the documents to the persons identified above. 23 D BY ELECTRONIC SERVICE: I caused the documents to be sent t0 their persons at the 24 electronic service addresses listed above subject t0 court rule, court order, agreement of the parties, and/or California Ruies ofCourt, Rule 2.251. 25 Ideclare under the penalty of per} ury under the iaws of the State of California that the above is 26 true and correct. Executed on October 25, 2022 at Rancho Cucamongay California. 27 28 Scott Sheldon - 1 - PROOF OF SERVICE