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P. GERHARDT ZACHER (SBN: 043 184) E-FILED
gzacher@grsm.com 9/20/2019 8140 AM
THOMAS J.TOBIN (SBN: 187062) Su perior Court of California
tt0b1n@gl'sm.00m County of Fresno
KARA PERSSON (SBN. 210582) By. L Peterson, Deputy
kpersson@grsm.com
Gordon Rees Scully Mansukhani, LLP
101 W. Broadway Suite 2000
San Diego, CA 92101
Telephone: (619) 230-7743
Facsimile: (619) 696-7124
Attorneys for Defendant
SYNGENTA SEEDS, LLC
SUPERIOR COURT OF THE STATE 0F CALIFORNIA
FOR THE COUNTY OF FRESNO
LLP
VIRGINIA SARABIAN dba SARABIAN Case N0{ 18CECG02994
FARMS,
2000 Plaintiffs, SYNGENTA SEEDS, LLC’S NOTICE
OF WITHDRAWAL OF DEMURRER
TO PLAINTIFF’S F0 URTH
Mansukhani,
92101
Sulte
V.
AMENDED COMPLAINT
CA
SYNGENTA SEEDS, LLC, a limited vvvvvvvvvvvvv
Broadway,
Scully
Diego,
liabilitycompany; TS&L SEED
COMPANY, and Does 1 through 50, Date: October 1, 2019
Rees
inclusive, Time: 3:30 pm.
San
W Judge: Honorable Rosemary McGuire
101 Defendants. Dept: 403
Gordon
TO THIS COURT, ALL PARTIES AND THEIR ATTORNEYS 0F RECORD:
R8E8$BBG§SEGEGSZS
PLEASE TAKE NOTICE that SYNGENTA SEEDS, LLC (“Syngenta”) hereby
Withdraws its demurrer to Plaintiff’s Fourth Amended Complaint, which is currently scheduled
for hearing 0n October 1,2019, at 3:30 p.m., in Department 403 of the above-captioned Court,
located at the B.F. Sisk Court, 1130 O Street, Fresno, California 93721. Syngenta requests that
this hearing be taken off calendar.
Dated: September 20, 2019 GORDON REES SCULLY MANSUKHANI, LLP
By: fimflmm
P. Gerhardt Zacher
Thomas J. Tobin
27 Kara Persson
Attorneys for Defendant SYNGENTA
28 SEEDS, LLC
1143929l47 1 1 7699M]
-1-
SYNGENTA SEEDS, LLC’S NOTICE OF WITHDRAWAL OF DEMURRER TO FOURTH AMENDED
COMPLAINT
Virginia Sarabian dba Sarabian Farms VV Syngenta Seeds, LLC, et11/.
Fresno County Superior Coufi Case N0. 18CECG02994
PROOF OF SERVICE
I am a resident 0f the State 0f California, over the age 0f eighteen years, and not a party
t0 the Within action. My business address is: Gordon Rees Scully Mansukhani, LLP, 101 W.
Broadway, Suite 2000, San Diego, CA 92101. My email address is wdoolittle@grsm.c0m. On
September 20, 2019, Iserved the Within documents:
SYNGENTA SEEDS, LLC’S NOTICE OF WITHDRAWAL OF DEMURRER TO
PLAINTIFF’S FOURTH AMENDED COMPLAINT
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 0f GORDON REES SCULLY MANSUKHANI, LLP described below.
D OVERNIGHT: By placing a true
station designated for collection
copy thereof enclosed in a sealed envelope,
and processing 0f envelopes and packages for
at a
LLP
overnight delivery by FedEx (0r other overnight service) as part of the ordinary
business practices of GORDON REES SCULLY MANSUKHANI, LLP described
2000
below, addressed as follows:
Mansukhani,
92101
Sulte
CA Theodore W. Hoppe Andrew MacKay
Adam Benkoski, DONAHUE FITZGERALD LLP
HOPPE LAW GROUP
Broadway,
Scully
Diego, 1999 Harrison St., 25““ Floor
A PROFESSIONAL LAW OFFICE Oakland, CA 94612
Rees
San 680 W. Shaw Avenue, Suite 207 Telephone: (510) 451-3300
W Fresno, California 93704 Facsimile: (5 10) 451-1527
101
Gordon
Telephone (559) 241-7070 Email: amackangdonahuecom
Facsimile (559) 241-7212
Attorneys for Defendant TIMOTHY
Attorneys for Plaintiff STEWART & LEOKS SEED COMPANY
dba T&SL SEED COMPANY AND TSL
§§8$E$SBBE§SEGEGSZE
I am readily familiar with the firm’s practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid ifpostal cancellation date 0r postage
meter date is more than one day after the date 0f deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State 0f California that the above
is true and correct. Executed on September 20, 2019, at San Diego, California.
,
Jim (Jahkiu LG
‘
Woody Doolittle
-2-
PROOF OF SERVICE
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P. GERHARDT ZACHER (SBN: 043 184) E-FILED gzacher@grsm.com 9/20/2019 8140 AM THOMAS J.TOBIN (SBN: 187062) Su perior Court of California tt0b1n@gl'sm.00m County of Fresno KARA PERSSON (SBN. 210582) By. L Peterson, Deputy kpersson@grsm.com Gordon Rees Scully Mansukhani, LLP 101 W. Broadway Suite 2000 San Diego, CA 92101 Telephone: (619) 230-7743 Facsimile: (619) 696-7124 Attorneys for Defendant SYNGENTA SEEDS, LLC SUPERIOR COURT OF THE STATE 0F CALIFORNIA FOR THE COUNTY OF FRESNO LLP VIRGINIA SARABIAN dba SARABIAN Case N0{ 18CECG02994 FARMS, 2000 Plaintiffs, SYNGENTA SEEDS, LLC’S NOTICE OF WITHDRAWAL OF DEMURRER TO PLAINTIFF’S F0 URTH Mansukhani, 92101 Sulte V. AMENDED COMPLAINT CA SYNGENTA SEEDS, LLC, a limited vvvvvvvvvvvvv Broadway, Scully Diego, liabilitycompany; TS&L SEED COMPANY, and Does 1 through 50, Date: October 1, 2019 Rees inclusive, Time: 3:30 pm. San W Judge: Honorable Rosemary McGuire 101 Defendants. Dept: 403 Gordon TO THIS COURT, ALL PARTIES AND THEIR ATTORNEYS 0F RECORD: R8E8$BBG§SEGEGSZS PLEASE TAKE NOTICE that SYNGENTA SEEDS, LLC (“Syngenta”) hereby Withdraws its demurrer to Plaintiff’s Fourth Amended Complaint, which is currently scheduled for hearing 0n October 1,2019, at 3:30 p.m., in Department 403 of the above-captioned Court, located at the B.F. Sisk Court, 1130 O Street, Fresno, California 93721. Syngenta requests that this hearing be taken off calendar. Dated: September 20, 2019 GORDON REES SCULLY MANSUKHANI, LLP By: fimflmm P. Gerhardt Zacher Thomas J. Tobin 27 Kara Persson Attorneys for Defendant SYNGENTA 28 SEEDS, LLC 1143929l47 1 1 7699M] -1- SYNGENTA SEEDS, LLC’S NOTICE OF WITHDRAWAL OF DEMURRER TO FOURTH AMENDED COMPLAINT Virginia Sarabian dba Sarabian Farms VV Syngenta Seeds, LLC, et11/. Fresno County Superior Coufi Case N0. 18CECG02994 PROOF OF SERVICE I am a resident 0f the State 0f California, over the age 0f eighteen years, and not a party t0 the Within action. My business address is: Gordon Rees Scully Mansukhani, LLP, 101 W. Broadway, Suite 2000, San Diego, CA 92101. My email address is wdoolittle@grsm.c0m. On September 20, 2019, Iserved the Within documents: SYNGENTA SEEDS, LLC’S NOTICE OF WITHDRAWAL OF DEMURRER TO PLAINTIFF’S FOURTH AMENDED COMPLAINT 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 0f GORDON REES SCULLY MANSUKHANI, LLP described below. D OVERNIGHT: By placing a true station designated for collection copy thereof enclosed in a sealed envelope, and processing 0f envelopes and packages for at a LLP overnight delivery by FedEx (0r other overnight service) as part of the ordinary business practices of GORDON REES SCULLY MANSUKHANI, LLP described 2000 below, addressed as follows: Mansukhani, 92101 Sulte CA Theodore W. Hoppe Andrew MacKay Adam Benkoski, DONAHUE FITZGERALD LLP HOPPE LAW GROUP Broadway, Scully Diego, 1999 Harrison St., 25““ Floor A PROFESSIONAL LAW OFFICE Oakland, CA 94612 Rees San 680 W. Shaw Avenue, Suite 207 Telephone: (510) 451-3300 W Fresno, California 93704 Facsimile: (5 10) 451-1527 101 Gordon Telephone (559) 241-7070 Email: amackangdonahuecom Facsimile (559) 241-7212 Attorneys for Defendant TIMOTHY Attorneys for Plaintiff STEWART & LEOKS SEED COMPANY dba T&SL SEED COMPANY AND TSL §§8$E$SBBE§SEGEGSZE I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid ifpostal cancellation date 0r postage meter date is more than one day after the date 0f deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the State 0f California that the above is true and correct. Executed on September 20, 2019, at San Diego, California. , Jim (Jahkiu LG ‘ Woody Doolittle -2- PROOF OF SERVICE