On September 03, 2021 a
Order
was filed
involving a dispute between
Gomez, Macedonio,
and
Mohammad Gill, Ayaz,
for 42 Unlimited - Other Complaint (not specified)
in the District Court of Fresno County.
Preview
USAMA KAHF (SBN 266443)
E-Mail: ukahf@fisherphillips.com
FHLED
FISHER & PHILLIPS LLP
2050 Main Street, Suite 1000
FRESNO SUPERIOR COURT
Irvine, CA 92614 By
Telephone: (949) 85 1 -2424 _
DEPUTY
Facsimile: (949) 851—0152
CHRISTOPHER J. TRUXLER (SBN 282354) RECEIVED
E-Mail: ctruxler@fisherphillips.com 9/21/2022 9:53 AM
FISHER & PHILLIPS LLP FRESNO COUNTY SUPERIOR COURT
621 Capitol Mall, Suite 1400 By: Estela Alvarado, Deputy
Sacramento, California 958 l4
Telephone: (9 1 6) 2 1 0-0400
Facsimile: (9 1 6) 2 1 0-0401
\OOOVQ
Attorneys for Defendant
AYAZ MOHAMMAD GILL, dba GILL
10 CONSTRUCTION AND RENOVATION
11
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 FOR THE COUNTY OF FRESNO
14
15 MACEDONIO GOMEZ, CASE NO.: 21CECG02669 [Related Case No.
2 1 CECG02670]
16 Plaintiff, [Unlimited Jurisdiction]
17 V. [PROPOSED] ORDER GRANTING
DEFENDANT’S MOTION TO SET
18 AYAZ MOHAMMAD GILL, an INDIVIDUAL ASIDE JUDGMENT
dba GILL CONSTRUCTION AND
19 RENOVATION,
DATE: November 2, 2022
20 Defendants. TIME: 8:30 am.
DEPT: 402
21
Complaint Filed: September 3, 2021
22 Trial Date: None
23
24
25
26
27
28
1
[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SET ASIDE JUDGMENT
FP 45213786.1
[PROPOSEDI ORDER
On November 2, 2022, at 8:30 a.m., Defendant AYAZ MOHAMMAD GILL, dba GILL
CONSTRUCTION AND RENOVATION’S (“Defendant”) Motion to Motion to Set Aside Judgment
came on regularly for hearing, and Defendant was represented by counsel. Upon consideration of the
®mfl®m§wNH
briefing and oral argument, as well as the pleadings on file, the Court hereby ORDERS as follows:
1. Defendant’s Motion to Set Aside Judgment is GRANTED.
2. The Court further ORDERS as follows: ’Ms cow :«s dtsmzsseoios H- is
a aupucokfl. ccwb zlceceozevo.
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H
N IT IS SO ORDERED.
U)
Dated:_um_ By: s_Lfi/W
HONO
STEPHAN£ LNEGIN
ByE STEPHANIE NEGIN
L
JUDGE o THE SUPERIOR COURT
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00
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_——__——__—____
_
FP 4521 3786.1
2
[PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SET ASIDE JUDGMENT
_ PROOF OF SERVICE
(CCP § 1013(a) and 2015.5)
I, the undersigned, am at least 18 years 01d and not a party to this action. I am employed in the
County of Sacramento with the law offices of Fisher & Phillips LLP and its business address is 621
Capitol Mall, Suite 1400, Sacramento, California 95814.
QQUIAUJN
On September 21, 2022, I served the foregoing document(s) [PROPOSED] ORDER
GRANTING DEFENDANT’S MOTION TO SET ASIDE JUDGMENT on the person(s) listed
below as follows:
STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL
RELATIONS E: laborcommwca.fre@dir.ca.gov
Labor Commissioner’s Office
770 E Shaw Ave, Ste 222
Fresno, CA 93710
10
E [by MAIL] -
I enclosed the document(s) in a sealed envelope or package addressed to the
11 person(s) Whose address(es) are listed above and placed the envelope for collection and mailing,
following our ordinary business practices. I am readily familiar with this firm’s practice for
12 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
13 United States Postal Service in Sacramento, California, in a sealed envelope with postage fully
prepaid.
14
D [by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package
15 provided by an overnight delivery carrier and addressed to the person(s) at the address(es) listed
above. Iplaced the envelope or package for collection and overnight delivery at an office or a
16 regularly utilized drop box of the overnight carrier.
17 D [by ELECTRONIC SERVICE] - Based on a court order or an agreement ofthe parties to accept
service by I electronically served the document(s) to the person(s) at the
electronic transmission,
l8 electronic service address(es) listed above.
>19
D [by PERSONAL SERVICE] — I delivered the document(s) to the
person(s) at the address(es)
listedabove by (1) (a) personal delivery, or (b) by leaving the documents in an envelope/package
20 with an individual in charge of the office, or (c) by leaving them in a conspicuous place in the
office between the hours of 9:00 am. and 6:00 p.m., 0r (2) by messenger — a copy of the
21 Messenger Declaration is attached. .
22 I declare under penalty of perjury under the laws of the State 0f California that the foregoing is
true and correct.
23
Executed September 21, 2022, at Sacramento, California.
C/éxmbw {,9—
24
Jennifer Chastain
‘
By; _
25 Print Name Signature
26
27
28
1
PROOF OF SERVICE
FP 45213786.1
Preview
USAMA KAHF (SBN 266443) E-Mail: ukahf@fisherphillips.com FHLED FISHER & PHILLIPS LLP 2050 Main Street, Suite 1000 FRESNO SUPERIOR COURT Irvine, CA 92614 By Telephone: (949) 85 1 -2424 _ DEPUTY Facsimile: (949) 851—0152 CHRISTOPHER J. TRUXLER (SBN 282354) RECEIVED E-Mail: ctruxler@fisherphillips.com 9/21/2022 9:53 AM FISHER & PHILLIPS LLP FRESNO COUNTY SUPERIOR COURT 621 Capitol Mall, Suite 1400 By: Estela Alvarado, Deputy Sacramento, California 958 l4 Telephone: (9 1 6) 2 1 0-0400 Facsimile: (9 1 6) 2 1 0-0401 \OOOVQ Attorneys for Defendant AYAZ MOHAMMAD GILL, dba GILL 10 CONSTRUCTION AND RENOVATION 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF FRESNO 14 15 MACEDONIO GOMEZ, CASE NO.: 21CECG02669 [Related Case No. 2 1 CECG02670] 16 Plaintiff, [Unlimited Jurisdiction] 17 V. [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SET 18 AYAZ MOHAMMAD GILL, an INDIVIDUAL ASIDE JUDGMENT dba GILL CONSTRUCTION AND 19 RENOVATION, DATE: November 2, 2022 20 Defendants. TIME: 8:30 am. DEPT: 402 21 Complaint Filed: September 3, 2021 22 Trial Date: None 23 24 25 26 27 28 1 [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SET ASIDE JUDGMENT FP 45213786.1 [PROPOSEDI ORDER On November 2, 2022, at 8:30 a.m., Defendant AYAZ MOHAMMAD GILL, dba GILL CONSTRUCTION AND RENOVATION’S (“Defendant”) Motion to Motion to Set Aside Judgment came on regularly for hearing, and Defendant was represented by counsel. Upon consideration of the ®mfl®m§wNH briefing and oral argument, as well as the pleadings on file, the Court hereby ORDERS as follows: 1. Defendant’s Motion to Set Aside Judgment is GRANTED. 2. The Court further ORDERS as follows: ’Ms cow :«s dtsmzsseoios H- is a aupucokfl. ccwb zlceceozevo. O H N IT IS SO ORDERED. U) Dated:_um_ By: s_Lfi/W HONO STEPHAN£ LNEGIN ByE STEPHANIE NEGIN L JUDGE o THE SUPERIOR COURT LII O\ fl 00 NNNNNNNNNHHHHHHHHHH D H.O N b) A LII O\ mfl _——__——__—____ _ FP 4521 3786.1 2 [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SET ASIDE JUDGMENT _ PROOF OF SERVICE (CCP § 1013(a) and 2015.5) I, the undersigned, am at least 18 years 01d and not a party to this action. I am employed in the County of Sacramento with the law offices of Fisher & Phillips LLP and its business address is 621 Capitol Mall, Suite 1400, Sacramento, California 95814. QQUIAUJN On September 21, 2022, I served the foregoing document(s) [PROPOSED] ORDER GRANTING DEFENDANT’S MOTION TO SET ASIDE JUDGMENT on the person(s) listed below as follows: STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS E: laborcommwca.fre@dir.ca.gov Labor Commissioner’s Office 770 E Shaw Ave, Ste 222 Fresno, CA 93710 10 E [by MAIL] - I enclosed the document(s) in a sealed envelope or package addressed to the 11 person(s) Whose address(es) are listed above and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this firm’s practice for 12 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 13 United States Postal Service in Sacramento, California, in a sealed envelope with postage fully prepaid. 14 D [by OVERNIGHT DELIVERY] - I enclosed the document(s) in an envelope or package 15 provided by an overnight delivery carrier and addressed to the person(s) at the address(es) listed above. Iplaced the envelope or package for collection and overnight delivery at an office or a 16 regularly utilized drop box of the overnight carrier. 17 D [by ELECTRONIC SERVICE] - Based on a court order or an agreement ofthe parties to accept service by I electronically served the document(s) to the person(s) at the electronic transmission, l8 electronic service address(es) listed above. >19 D [by PERSONAL SERVICE] — I delivered the document(s) to the person(s) at the address(es) listedabove by (1) (a) personal delivery, or (b) by leaving the documents in an envelope/package 20 with an individual in charge of the office, or (c) by leaving them in a conspicuous place in the office between the hours of 9:00 am. and 6:00 p.m., 0r (2) by messenger — a copy of the 21 Messenger Declaration is attached. . 22 I declare under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct. 23 Executed September 21, 2022, at Sacramento, California. C/éxmbw {,9— 24 Jennifer Chastain ‘ By; _ 25 Print Name Signature 26 27 28 1 PROOF OF SERVICE FP 45213786.1