Motion,Ex Parte: Surjit Bagga vs. City National Bank

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                                E-FILED
                                                                              10/25/2022 3:03 PM
              1 JEFFER MANGELS BUTLER & MITCHELL LLP                          Superior Court of California
                RICHARD A. ROGAN (Bar No. 67310)                              County of Fresno
              2 rrogan@jmbm.com                                               By: Louana Peterson, Deputy
                ARIELLE E. BROWN (Bar No. 315479)
              3 abrown@jmbm.com
                Two Embarcadero Center, Fifth Floor
              4 San Francisco, California 94111-3813
                Telephone:    (415) 398-8080
              5 Facsimile:    (415) 398-5584

              6 Attorneys for Defendant CITY NATIONAL BANK

              7

              8                       SUPERIOR COURT FOR THE STATE OF CALIFORNIA

              9                                        COUNTY OF FRESNO

             10      SURJIT BAGGA,                                       CASE NO. 16CECG03336

             11                      Plaintiff,                          DEFENDANT CITY NATIONAL
                                                                         BANK'S EX PARTE MOTION TO
             12      vs.                                                 SPECIALLY SET HEARING ON
                                                                         MOTION TO VACATE THE ORDER
             13      CITY NATIONAL BANK, a national banking              OF DISMISSAL
                     association, et al.
             14
                                     Defendant.                          Date: October 26, 2022
             15                                                          Time: 3:30 p.m.
                                                                         Dept.: 403
             16
                                                                         Judge: Kristi Culver Kapetan
             17
                                                                         Action filed: October 14, 2016
             18                                                          Trial date:   None Set

             19

             20 TO PLAINTIFF AND HER ATTORNEY OF RECORD:

             21            PLEASE TAKE NOTICE that on October 26, 2022, at 3:30 p.m., or as soon thereafter as
             22 the matter may be heard, in Department 403 of the above-entitled Court, located at 1130 O Street,

             23 Fresno California 93721, Defendant City National Bank ("Defendant") will and hereby does

             24 apply ex parte to specially set the hearing of Plaintiff Surjit Bagga's ("Plaintiff") Motion to Vacate

             25 the Order of Dismissal and to order Plaintiff and her counsel to cease and desist from making any

             26 further motions herein.

             27            This ex parte motion is made pursuant to California Rules of Court ("CRC"), Rule 3.1200,
             28 et seq. and California Code of Civil Procedure sections 128, 583.30, and 583.360. This motion is
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70620835v2        DEFENDANT CITY NATIONAL BANK'S EX PARTE MOTION TO SPECIALLY SET HEARING ON MOTION
                                          TO VACATE THE ORDER OF DISMISSAL
              1 warranted given Plaintiff's repeated conduct in continuing her Motion to Vacate the Order of

              2 Dismissal. This Court dismissed this matter on January 12, 2021, and Plaintiff filed her motion to

              3 vacate the Court's Order of Dismissal on July 13, 2021. Since her filing, Plaintiff has continued the

              4 hearing on her motion six times, giving proper notice to Defendant on only one of those

              5 continuances. Given this continual delay, the statutory time limit to bring this matter to trial has

              6 long passed, rendering Plaintiff's Motion to Vacate the Order of Dismissal futile. As such, the

              7 Defendant seeks ex parte relief to prevent any further continuances and unnecessary costs and fees

              8 in litigating this dismissed case. Plaintiff's latest continuance set the hearing on her Motion to

              9 Vacate for February 24, 2023, but she once again failed to give notice to Defendant. Defendant

             10 seeks this ex parte hearing and order to prevent yet another continuance of the hearing on the

             11 Motion to Vacate, as well as any other motions or filings that might be attempted by Plaintiff.

             12          This ex parte motion is based on the accompanying Memorandum of Points and

             13 Authorities and the Declarations of Counsel filed and served herewith, as well as on the records on

             14 file herein and on such other and further evidence as may be presented to the Court. Defendant has

             15 not made a similar prior ex parte application to any court.

             16 DATED: October 25, 2022                     JEFFER MANGELS BUTLER & MITCHELL LLP
                                                            RICHARD A. ROGAN
             17                                             ARIELLE E. BROWN
             18

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                                                                            RICHARD A. ROGAN
             20                                             Attorneys for Defendant CITY NATIONAL BANK

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70620835v2        DEFENDANT CITY NATIONAL BANK'S EX PARTE MOTION TO SPECIALLY SET HEARING ON MOTION
                                          TO VACATE THE ORDER OF DISMISSAL