Motion-Secondary: VICTOR HERRERA VS BIRRIERIA ESTRADA, AN ENTITY OF FORM UNKNOWN, ET AL.

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                                Electronically FILED by Superior Court of California, County of Los Angeles on 06/07/2022 02:47 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Sanchez,Deputy Clerk



                                                                                                                                                                           CIV-141
           ATTORNEY OR PARTY WITHOUT ATTORNEY:                        STATE BAR NO:    223918                                                 FOR COURT USE ONLY
           NAME:   Antonio J. Gonzalez
           F RM NAME: GONZALEZ LAW
           STREET ADDRESS: 1295 W. Sunset Blvd.
           CITY: Los Angeles                              STATE: CA                          ZIP CODE:   90026
           TELEPHONE NO.: 213-213-2525                   FAX NO.:

           E-MAIL ADDRESS: ajg@gonzalezlawpc.com

           ATTORNEY FOR (Name): Plaintiff VICTOR HERRERA

           SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
            STREET ADDRESS: 111 N. Hill St.
            MAILING ADDRESS:
           CITY AND ZIP CODE: Los    Angeles, CA 90012
               BRANCH NAME: Stanley     Mosk Courthouse, Central
                 PLAINTIFF/PETITIONER: VICTOR HERRERA
            DEFENDANT/RESPONDENT: BIRRIERIA ESTRADA, ET AL.

                                                                                                                             CASE NUMBER:
                              DECLARATION OF DEMURRING OR MOVING PARTY
                                  IN SUPPORT OF AUTOMATIC EXTENSION                                                           22STCV12319, Dept. 37

          1. (Name of party): Plaintiff VICTOR HERRERA                                                                        was served with

             D          a complaint        D       an amended complaint                   D       a cross-complaint

             D✖         an answer          D       other (specify):
              in the above-titled action.
          2. For a demurrer or motion to strike, a responsive pleading is due on (date): 6/9/22

                                                                           DECLARATION
           I intend to file a demurrer, motion to strike, or motion for judgment on the pleadings in this action. Before I can do so, I am required to
           meet and confer with the party who filed the pleading that I am responding to at least five days before the date when the responsive
           pleading is due (if I am 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 I am filing a motion for judgment on the pleadings). We have not been able to meet and confer. I have not
           previously requested an automatic extension of time. Therefore, on timely filing and serving a declaration that meets the requirements
           of Code of Civil Procedure sections 430.41, 435.5, or 439, I am entitled to an automatic 30-day extension of time within which to file a
           responsive pleading or motion for judgment on the pleadings.
           I made a good faith attempt to meet and confer with the party who filed the pleading at least five days before the date the responsive
           pleading was due (if I am 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 I am filing a motion for judgment on the pleadings). I was unable to meet with that party because
           (the reasons why the parties could not meet and confer are stated):

                   D✖      below           D      on form MC-031, Attached Declaration
                   I was unable to attempt to meet and confer with Defendant at least 5 days before the due date of Plaintiff's Demurrer to the
                   Answer and also unable to meet and confer with Defendant because I received Defendant MICHAEL ESTRADA DBA
                   BIRRIERIA ESTRADAS's Answer on 6/6/22 and have made attempts to reach Defense counsel. The Answer's proof of service
                   states it was mailed on 5/25/22, Defendant filed his Answer with the Court on 5/31/22, but I received it by mail yesterday 6/6/22.
                   On 6/6/22, I sent an email to Defense counsel with my meet and confer details and followed up with a phone call for which I left a
                   message with the receptionist. Today, on 6/7/22, I faxed a letter to Defense counsel with the same meet and confer details and
                   followed up with a phone call for which I left a voicemail.




                 I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
                 Date: 6/7/22

                   Antonio J. Gonzalez
                                      (NAME OF PARTY OR ATTORNEY FOR PARTY)                                 (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)

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          Form Approved for Optional Use                                                                                                                         Code of Civil Procedure,
          Judicial Council of California
                                                        DECLARATION OF DEMURRING OR MOVING PARTY                                                                   §§ 430.41, 435 5, 439
          CIV-141 [Rev. January 1, 2019]                                                                                                                              www.courts.ca.gov
                                                            IN SUPPORT OF AUTOMATIC EXTENSION