Document for Abel vs McCutchan, JR

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                                Richard Abel

707 Hahman Drive, No. 9301
Santa Rosa, CA 95405
Telephone: (707) 340-3894

Plaintiff, In pro per

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SONOMA,

RICHARD ABEL, an individual; Case Number: SCV-263456

Plaintiff: PLAINTIFF'S OBJECTION TO DOE

° DEFENDANTS' UNAUTHORIZED SUR-
REPLY MADE IN OPPOSITION TO
PLAINTIFF'S MOTION FOR LEAVE TO
B. EDWARD McCUTCHAN JR. an FILE SECOND AMENDED COMPLAINT
individual; SUNDERLAND/McCUTCHAN,
LLP, a general partnership; and DOES 1

Vv.

through 100, inclusive; Date: February 8, 2023
Time: 3:00 p.m.
Defendants. Dept: 18

Trial: | March 10, 2023

TO THE COURT, AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Plaintiff Richard Abel ("Plaintiff") hereby objects to, and respectfully requests that the
Court disregard in entirety the last minute brief entitled "Doe Defendants' Supplemental
Memorandum of Points and Authorities in Opposition to Plaintiff's Motion for Leave to File
Second Amended Complaint" filed on or about January 2, 2023.

Neither the California Rules of Civil Procedure nor the Local Rules provide for the filing
of a "sur-reply" — or "supplemental brief" — in opposition to a motion. The California Rules
of Court contemplate only moving, opposition and reply papers. CRC 3.1113(d). Sur-replies are

not contemplated by the rues and thus are not permitted. Furthermore, the Doe Defendants' sur-

PLAINTIFF'S OBJECTION TO DOE DEFENDANTS’ SUPPLEMENTAL BRIEF
1reply contains new arguments and offers new evidence not raised in Doe Defendants' opposition
to Plaintiff's underlying motion to amend. This creates further grounds on which the Court
should reject this unauthorized and impermissible "sur-reply." To permit Doe Defendants to file
a sur-reply and consider the new arguments raised therein, would be a violation of Plaintiff's due
process rights. Counsel for Doe Defendants did not obtain permission from the Court to file a
sur-reply.

Plaintiff respectfully requests that this Court strike the sur-reply and its accompanying

declaration, as neither are permitted.

Ruling on the Objection:

Sustain Overrule

Judge

January 27, 2023 1 la) OUnd

Richard Abel, Plaintiff, in pro per

PLAINTIFF'S OBJECTION TO DOE DEFENDANTS' SUPPLEMENTAL BRIEF
2POS-030

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Richard Abel
707 Hahman Drive, No. 9301
Santa Rosa, CA 95405
TetePHoneNo:(707) 340-3894 FAXNO. (Option

E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name): Plaintiff pro per

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA.
street appress:600 Administration Drive, Room 107-J
aiine appress:60() Administration Drive, Room 107-J
city ano zip cove:Santa Rosa, CA 95403

srancu name-Civil Division - Dept. 18

PETITIONER’PLAINTIFF: Abel

RESPONDENT/DEFENDANT:McCutchan, Jr. et.al.

CASE NUMBER:

PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL SCV-263456

(Do not use this Proof of Service to show service of a Summons and Complaint.)

1. lam over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing
took place.

2. My residence or business address is:

1007-B West College Avenue, PMB 532, Santa Rosa, CA 95404

3. On (date):January 29, 2023 _| mailed from (city and state): Santa Rosa, California
the following documents (specify):

PLAINTIFF'S OBJECTION TO DOE DEFENDANTS' UNAUTHORIZED SUR-REPLY MADE IN
OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served)
(form POS-030(D)).
4, | served the documents by enclosing them in an envelope and (check one):

a. LZ] depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.

b. placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this
business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in
a sealed envelope with postage fully prepaid.

5. The envelope was addressed and mailed as follows:
a. Name of person served: SEE BELOW.

b. Address of person served:

B.Edward McCutchan, Jr. Nansi Ida Weil Joseph Picchi

c/o The UPS Store nansiweil@comcast.net Galloway, Lucchese and Picchi
1083 Vine Street, PMB 907 (only by email) jpicchi@glattys.com
Healdsburg, CA 95448 (only by email)

The name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service
by First-Class Mail—Civil (Persons Served) (POS-030(P)).

| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: January 29, 2023

(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) Usionarure or eg OF PPRSON COYPLETING THIS FORM)

Form Approved for Optional Use PROOF OF SERVICE BY FIRST-CLASS MAIL—CI Code of Civ Procedure, §§ 1015, 1013

Judicial Council of California >
POS-030 [New January 1, 2008} (Proof of Service)