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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
|__P. Gerhardt Zacher (SBN 43182)/ Thomas Tobin (SBN 187062) E-FILED
GORDON &REES LLP 7/2/2019 11:53 AM
101 W. Broadway, Suite 1600 Superior Court of California
San Diego, CA 92191 County of Fresno
‘TELEPHONE NO. (619) 696-6700 FAX NO. (Optional): (619) 696-7124 By: M. Douangkham, Deputy
ATTORNEY FOR (Name) Defendant SYNGENTA SEEDS, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS: B.F. Sisk Court, 1130 O Street
CITY AND ZIP CODE: Fresno, CA 93721
BRANCH NAME: B.F. Sisk Court
PLAINTIFF/PETITIONER: VIRGINIA SARABIAN dba SARABIAN FARMS
DEFENDANT/RESPONDENT: SYNGENTA SEEDS, LLC etal.
CASE MANAGEMENT STATEMENT CASE NUMBER:
18CECG02994
(Check one): Xl UNLIMITED CASE CL] LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: J uly 10, 2019 Time: 3:30 P.M. Dept: 402 Div.: Room:
Address of court (if different from the address above):
ml Notice of Intent to Appear by Telephone, by (name): Kara Persson
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1 Party or parties (answer one):
a. XI This statement is submitted by party (name): DEFENDANT SYNGENTA SEEDS. LLC
b. Oo This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b6 O The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. O All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed,
» O The following parties named in the complaint or cross-complaint
(1) [have not been served (specify names and explain why not):
(2) (have been served but have not appeared and have not been dismissed (specify names):
(3) [have had a default entered against them (specify names):
c Oo The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
Description of case
a. EX complaint
Type of case in 1 cross-complaint (Describe, including causes of action):
In a Fourth Amended Complaint just served 6/26/19, Plaintiff asserts causes of action for fraudulent inducement,
concealment, breach of contract, negligent delivery of defective seed, negligent misrepresentation, breach of implied
warranty of merchantability, breach of express warranty, and breach of implied warranty of fitness for a particular purpose.
Page
1 of 4
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT ‘American LegalNet, Inc. Cal. Rules of Court,
Judicial Council of Califomia rules 3.720-3.730
(CM-110 [Rev. J anuary 1, 2003] www.FormsWorkfiow.com www. courtinfo.ca.gov
CM-110
PLAINTIFF/PETITIONER: VIRGINIA SARABIAN dba SARABIAN FARMS. CASE NUMBER:
18CECG02994
| DEFENDANT/RESPONDENT: SYNGENTA SEEDS, LLC, etal.
4 b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff alleges purchase of “Achiever” snap bean seed that did not perform as expected, which Plaintiff contends
was caused by defects in the seed. Plaintiff further alleges being fraudulently induced to purchase the seed.
Plaintiff seeks to recover economic losses allegedly caused by the purportedly defective seed. Syngenta Seeds,
LLC denies these allegations and denies liability as to each and every cause of action in the operative complaint.
Oo (If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury tial
The party or parties request Ra jury tial CJ a nonjury tial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. (1 The tial has been set for (date):
b. [XI No tral date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain): Fourth Amended Complaint served 6/26/2019 - responses not yet filed; case not at issue. Due to the
complexity of causation issues, this case will not be ready for trial until at least 15-18 months from filing date.
c Dates on which parties or attomeys will not be available for trial (specify dates and explain reasons for unavailability):
October 21, 2019 - 4-week trial, Los Angeles Superior Court, Mark Ramos v. Akzo Nobel, et al.
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. EX] days (specify number): 7-10
b. (1 hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial IX] by the attorney or party listed in the caption 0 by the following:
Attorney:
Firm:
Address:
Telephone number:
Fax number:
E-mail address:
. Party represented:
Oo Additional representation is described in Attachment 8.
Preference
(This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
a. Counsel KX] has LJ has not provided the ADR information package identified in rule 3.221 to the client and has
reviewed ADR options with the client.
b. [1] Allparties have agreed to a form of ADR. ADR will be completed by (date):
c (11 The case has gone to an ADR process (indicate status):
(CM-110 (Rev. J anuary
1, 2009] CASE MANAGEMENT STATEMENT Page
2 of 4
‘American LegaiNet, Inc.
wwww.F ormsWorkflow.com
CM-110
PLAINTIFF/PETITIONER: VIRGINIA SARABIAN dba SARABIAN FARMS. CASE NUMBER:
18CECG02994
| DEFENDANT/RESPONDENT: SYNGENTA SEEDS, LLC., etal.
10. d. The party or parties are willing to participate in (check all that apply):
(1) Mediation (after expert discovery is conducted)
(2) Oo Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery
to close 15 days before
arbitration under Cal. Rules of Court, rule 3.822)
(3) Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery
to remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 3.822)
(4) Binding judicial arbitration
(5) Binding private arbitration
(6) Neutral case evaluation
(7) Other (specify):
e. Oo This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed
the statutory limit,
f. Oo Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery
to the amount specified in Code of Civil
Procedure section 1141.11.
9g kX This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Court (specify exemption):
The amount in controversy exceeds $50,000.
11. Settlement conference
(1 The party or parties are willing to participate in an early settlement conference (specify when):
12. Insurance
a. [Insurance canier, if any, for party filing this statement (name):
b. Reservation of rights: ClYes No
c C1 Coverage issues will significantly affect resolution of this case (explain):
13. J urisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
C1 Bankruptcy CZ Other (specify):
Status:
14. Related cases, consolidation, and coordination
a. LD There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court
(3) Case number:
(4) Status:
[1 Additional cases are described in Attachment 14a.
b. [1 Amotion
to U1 consolidate DH coordinate will be filed by (name party):
15. Bifurcation
(1 The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
16. Other motions
KX] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Demurrer to tort causes of action based on economic loss rule; motion(s) for summary judgment or adjudication;
pre-trial motions in limine and related Evidence Code Section 402 hearings regarding general causation.
(CM-110 (Rev. J anuary
1, 2009] CASE MANAGEMENT STATEMENT Page3 of4
‘American LegalNet, Inc.
www. FormsWorkfiow.com
CM-110
PLAINTIFF/PETITIONER: VIRGINIA SARABIAN dba SARABIAN FARMS. case 18CECG02994542612
| DEFENDANT/RESPONDENT: SYNGENTA SEEDS, LLC., etal.
17. Discovery
a. (1 The party or parties have completed all discovery.
b. [XJ The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Written discovery Per Code
Defendant Depositions of Plaintiffs agents/ employees Per Code
Defendant Deposition of third party witnesses Per Code
Defendant Expert discovery Per Code
c [1 The following discovery issues are anticipated (specify):
18. Economic litigation
a. (1 This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90 through 98 will apply to this case.
b. (1 This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
19. Other issues
(1 The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
20. Meet and confer
a. (1 The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomia Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the Califomia Rules of Court, the parties agree on the following
(specify):
21. Total number of pages attached (if any): 0
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, as well as other issues
raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management
conference, including the written authority of the party where required.
Date: J uly 2, 2019 /?
bt
ThomasJ . Tobin
(TYPE OR PRINT NAME) ~ (ATURE (OF PARTY OR ATTORNEY)
1143929/46182487v.1
(CM-110 (Rev. J anuary
1, 2009] CASE MANAGEMENT STATEMENT Page4 of4
‘American LegalNet, Inc.
www. FormsWorkfiow.com
Virginia Sarabian dba Sarabian Farms v. Syngenta Seeds, LLC, et al.
Fresno County Superior Court Case No. 18CECG02994
PROOF OF SERVICE
Tam a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is: Gordon Rees Scully Mansukhani, LLP, 101 W.
Broadway, Suite 2000, San Diego, CA 92101. On July 2, 2019 I served the within documents:
CASE MANAGEMENT STATEMENT FOR DEFENDANT
SYNGENTA SEEDS, LLC.
MAIL: By placing the document(s) listed above in a sealed envelope with postage
thereon fully prepaid, at a station designated for collection and processing of
envelopes and packages for delivery via U.S. mail as part of the ordinary business
practices of GORDON REES SCULLY MANSUKHANI, LLP described below.
FACSIMILE: By transmitting via facsimile the document(s) listed above to the fax
number(s) set forth below on this date before 5:00 p.m.
10
OVERNIGHT: By placing a true copy thereof enclosed in a sealed envelope, at a
11 station designated for collection and processing of envelopes and packages for
overnight delivery by FedEx (or other overnight service) as part of the ordinary
gs 12 business practices of GORDON REES SCULLY MANSUKHANI, LLP described
2a.
2s below, addressed as follows:
SER
5a 13 Theodore W. Hoppe Andrew MacKa:
gan
Adam Benkoski, DONAHUE FITZGERALD LLP
> =
sU 14 HOPPE LAW GROUP 1999 Harrison St., 25" Floor
Ss A PROFESSIONAL LAW OFFICE Oakland, CA 94612
ARS 15 680 W. Shaw Avenue, Suite 207 Telephone: (510) 451-3300
nm
Fresno, California 93704 Facsimile: (510) 451-1527
H 16 Telephone (559) 241-7070 Email: amackay@donahue.com
ex
gr Facsimile (559) 241-7212
17 Attorneys for Defendant TIMOTHY
Attorneys for Plaintiff STEWART & LEOKS SEED COMPANY
18 dba T&SL SEED COMPANY AND TSL
19 Iam readily familiar with the firm’s practice of collection and processing correspondence
20 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
21 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
22 motion of the party served, service is presumed invalid if postal cancellation date or postage
23 meter date is more than one day after the date of deposit for mailing in affidavit.
24 I declare under penalty of perjury under the laws of the State of California that the above
25 is true and correct. Executed on July 2, 2019 at San Diego, California.
26
Deed, Dollus@
27
Woody Doolittle
1143929/46196663.1
-1-
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY |__P. Gerhardt Zacher (SBN 43182)/ Thomas Tobin (SBN 187062) E-FILED GORDON &REES LLP 7/2/2019 11:53 AM 101 W. Broadway, Suite 1600 Superior Court of California San Diego, CA 92191 County of Fresno ‘TELEPHONE NO. (619) 696-6700 FAX NO. (Optional): (619) 696-7124 By: M. Douangkham, Deputy ATTORNEY FOR (Name) Defendant SYNGENTA SEEDS, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS: B.F. Sisk Court, 1130 O Street CITY AND ZIP CODE: Fresno, CA 93721 BRANCH NAME: B.F. Sisk Court PLAINTIFF/PETITIONER: VIRGINIA SARABIAN dba SARABIAN FARMS DEFENDANT/RESPONDENT: SYNGENTA SEEDS, LLC etal. CASE MANAGEMENT STATEMENT CASE NUMBER: 18CECG02994 (Check one): Xl UNLIMITED CASE CL] LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: J uly 10, 2019 Time: 3:30 P.M. Dept: 402 Div.: Room: Address of court (if different from the address above): ml Notice of Intent to Appear by Telephone, by (name): Kara Persson INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1 Party or parties (answer one): a. XI This statement is submitted by party (name): DEFENDANT SYNGENTA SEEDS. LLC b. Oo This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b6 O The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. O All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed, » O The following parties named in the complaint or cross-complaint (1) [have not been served (specify names and explain why not): (2) (have been served but have not appeared and have not been dismissed (specify names): (3) [have had a default entered against them (specify names): c Oo The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): Description of case a. EX complaint Type of case in 1 cross-complaint (Describe, including causes of action): In a Fourth Amended Complaint just served 6/26/19, Plaintiff asserts causes of action for fraudulent inducement, concealment, breach of contract, negligent delivery of defective seed, negligent misrepresentation, breach of implied warranty of merchantability, breach of express warranty, and breach of implied warranty of fitness for a particular purpose. Page 1 of 4 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT ‘American LegalNet, Inc. Cal. Rules of Court, Judicial Council of Califomia rules 3.720-3.730 (CM-110 [Rev. J anuary 1, 2003] www.FormsWorkfiow.com www. courtinfo.ca.gov CM-110 PLAINTIFF/PETITIONER: VIRGINIA SARABIAN dba SARABIAN FARMS. CASE NUMBER: 18CECG02994 | DEFENDANT/RESPONDENT: SYNGENTA SEEDS, LLC, etal. 4 b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges purchase of “Achiever” snap bean seed that did not perform as expected, which Plaintiff contends was caused by defects in the seed. Plaintiff further alleges being fraudulently induced to purchase the seed. Plaintiff seeks to recover economic losses allegedly caused by the purportedly defective seed. Syngenta Seeds, LLC denies these allegations and denies liability as to each and every cause of action in the operative complaint. Oo (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury tial The party or parties request Ra jury tial CJ a nonjury tial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. (1 The tial has been set for (date): b. [XI No tral date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): Fourth Amended Complaint served 6/26/2019 - responses not yet filed; case not at issue. Due to the complexity of causation issues, this case will not be ready for trial until at least 15-18 months from filing date. c Dates on which parties or attomeys will not be available for trial (specify dates and explain reasons for unavailability): October 21, 2019 - 4-week trial, Los Angeles Superior Court, Mark Ramos v. Akzo Nobel, et al. Estimated length of trial The party or parties estimate that the trial will take (check one): a. EX] days (specify number): 7-10 b. (1 hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial IX] by the attorney or party listed in the caption 0 by the following: Attorney: Firm: Address: Telephone number: Fax number: E-mail address: . Party represented: Oo Additional representation is described in Attachment 8. Preference (This case is entitled to preference (specify code section): 10. Alternative Dispute Resolution (ADR) a. Counsel KX] has LJ has not provided the ADR information package identified in rule 3.221 to the client and has reviewed ADR options with the client. b. [1] Allparties have agreed to a form of ADR. ADR will be completed by (date): c (11 The case has gone to an ADR process (indicate status): (CM-110 (Rev. J anuary 1, 2009] CASE MANAGEMENT STATEMENT Page 2 of 4 ‘American LegaiNet, Inc. wwww.F ormsWorkflow.com CM-110 PLAINTIFF/PETITIONER: VIRGINIA SARABIAN dba SARABIAN FARMS. CASE NUMBER: 18CECG02994 | DEFENDANT/RESPONDENT: SYNGENTA SEEDS, LLC., etal. 10. d. The party or parties are willing to participate in (check all that apply): (1) Mediation (after expert discovery is conducted) (2) Oo Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 3.822) (3) Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days before trial; order required under Cal. Rules of Court, rule 3.822) (4) Binding judicial arbitration (5) Binding private arbitration (6) Neutral case evaluation (7) Other (specify): e. Oo This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit, f. Oo Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. 9g kX This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Court (specify exemption): The amount in controversy exceeds $50,000. 11. Settlement conference (1 The party or parties are willing to participate in an early settlement conference (specify when): 12. Insurance a. [Insurance canier, if any, for party filing this statement (name): b. Reservation of rights: ClYes No c C1 Coverage issues will significantly affect resolution of this case (explain): 13. J urisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. C1 Bankruptcy CZ Other (specify): Status: 14. Related cases, consolidation, and coordination a. LD There are companion, underlying, or related cases. (1) Name of case: (2) Name of court (3) Case number: (4) Status: [1 Additional cases are described in Attachment 14a. b. [1 Amotion to U1 consolidate DH coordinate will be filed by (name party): 15. Bifurcation (1 The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 16. Other motions KX] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Demurrer to tort causes of action based on economic loss rule; motion(s) for summary judgment or adjudication; pre-trial motions in limine and related Evidence Code Section 402 hearings regarding general causation. (CM-110 (Rev. J anuary 1, 2009] CASE MANAGEMENT STATEMENT Page3 of4 ‘American LegalNet, Inc. www. FormsWorkfiow.com CM-110 PLAINTIFF/PETITIONER: VIRGINIA SARABIAN dba SARABIAN FARMS. case 18CECG02994542612 | DEFENDANT/RESPONDENT: SYNGENTA SEEDS, LLC., etal. 17. Discovery a. (1 The party or parties have completed all discovery. b. [XJ The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Written discovery Per Code Defendant Depositions of Plaintiffs agents/ employees Per Code Defendant Deposition of third party witnesses Per Code Defendant Expert discovery Per Code c [1 The following discovery issues are anticipated (specify): 18. Economic litigation a. (1 This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90 through 98 will apply to this case. b. (1 This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 19. Other issues (1 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 20. Meet and confer a. (1 The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomia Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the Califomia Rules of Court, the parties agree on the following (specify): 21. Total number of pages attached (if any): 0 | am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: J uly 2, 2019 /? bt ThomasJ . Tobin (TYPE OR PRINT NAME) ~ (ATURE (OF PARTY OR ATTORNEY) 1143929/46182487v.1 (CM-110 (Rev. J anuary 1, 2009] CASE MANAGEMENT STATEMENT Page4 of4 ‘American LegalNet, Inc. www. FormsWorkfiow.com Virginia Sarabian dba Sarabian Farms v. Syngenta Seeds, LLC, et al. Fresno County Superior Court Case No. 18CECG02994 PROOF OF SERVICE Tam a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is: Gordon Rees Scully Mansukhani, LLP, 101 W. Broadway, Suite 2000, San Diego, CA 92101. On July 2, 2019 I served the within documents: CASE MANAGEMENT STATEMENT FOR DEFENDANT SYNGENTA SEEDS, LLC. MAIL: By placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, at a station designated for collection and processing of envelopes and packages for delivery via U.S. mail as part of the ordinary business practices of GORDON REES SCULLY MANSUKHANI, LLP described below. FACSIMILE: By transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. 10 OVERNIGHT: By placing a true copy thereof enclosed in a sealed envelope, at a 11 station designated for collection and processing of envelopes and packages for overnight delivery by FedEx (or other overnight service) as part of the ordinary gs 12 business practices of GORDON REES SCULLY MANSUKHANI, LLP described 2a. 2s below, addressed as follows: SER 5a 13 Theodore W. Hoppe Andrew MacKa: gan Adam Benkoski, DONAHUE FITZGERALD LLP > = sU 14 HOPPE LAW GROUP 1999 Harrison St., 25" Floor Ss A PROFESSIONAL LAW OFFICE Oakland, CA 94612 ARS 15 680 W. Shaw Avenue, Suite 207 Telephone: (510) 451-3300 nm Fresno, California 93704 Facsimile: (510) 451-1527 H 16 Telephone (559) 241-7070 Email: amackay@donahue.com ex gr Facsimile (559) 241-7212 17 Attorneys for Defendant TIMOTHY Attorneys for Plaintiff STEWART & LEOKS SEED COMPANY 18 dba T&SL SEED COMPANY AND TSL 19 Iam readily familiar with the firm’s practice of collection and processing correspondence 20 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 21 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on 22 motion of the party served, service is presumed invalid if postal cancellation date or postage 23 meter date is more than one day after the date of deposit for mailing in affidavit. 24 I declare under penalty of perjury under the laws of the State of California that the above 25 is true and correct. Executed on July 2, 2019 at San Diego, California. 26 Deed, Dollus@ 27 Woody Doolittle 1143929/46196663.1 -1- PROOF OF SERVICE