Motion,Ex Parte: Patty Johnson; Joe Teixeira; Omar Ahmed; Xin Guo; and Carolyn...

• 
• 
• 
• 

						
                                
Preview
                                1 BRIGIT S. BARNES & ASSOCIATES, INC.
   BRIGIT S. BARNES, ESQ. CSB #122673
 2 ANNIE R. EMBREE, ESQ., OF COUNSEL CSB #208591
                                                                  2SI1MAY -V           2i 18
 3 3262 Penryn Road, Suite 200
   Loomis, CA 95650
 4 Telephone: (916)660-9555
   Facsimile: (916)660-9554
 5
   Attomeys for Petitioners/Plaintiffs PATTY JOHNSON;
 6 JOE TEIXEIRA; OMAR AHMED, JR.; XIN GUO;
 7 and CAROLYN SOARES

 8
                                    SUPERIOR COURT OF CALIFORNIA
 9
                                         COUNTY OF SACRAMENTO
10

11

12   PATTY JOHNSON; JOE TEIXEIRA;                      CASENO. 34-2016-80002493
     OMAR AHMED, JR.; XIN GUO;
13   and CAROLYN SOARES,
                                                       DECLARATION OF JAENALYN KILLIAN
14                                                     IN SUPPORT OF PETITIONERS/
                  Petitioners and Plaintiffs,          PLAINTIFFS' MOTION FOR RELIEF
15
        V.                                             FROM DISMISSAL
                                                       [CCP § 473]
16   CITY OF ELK GROVE,
                                                       Date: June 2, 2017
                                                       Time: 11:00 a.m.
17                Respondent and Defendant.            Dept: 24
18   ELK GROVE TOWN CENTER, LP;                        Judge: Hon. Shelleyanne W.L. Chang
     HOWARD HUGHES CORPORATION; and
19
     DOES 1-20, inclusive.
20
                  Real Parties in Interest and
                  Defendants.
21

22                                                J                      BY FA.
23           I, JAENALYN KILLIAN, declare:

24           1.     I am an independent contractor, and provide paralegal services for Brigit S.

25   Barnes & Associates, Inc., attorneys of record for Petitioners/Plaintiffs PATTY JOHNSON, JOE

26   TEIXEIRA, OMAR AHMED, JR., XIN GUO, and CAROLYN SOARES ("Petitioners") herein.

27           2.     1 have personai knowledge of the facts stated herein, and if called upon could

28   competently testify thereto.


                  KILLIAN DECLARATION ISO MOTION FOR RELIEF FROM DISMISSAL [CCP 473]- I
 1            3.     On Apri I 21,2017,1 spoke with the C lerk in Department 24 of th is Court, to ask
 2   whether Petitioners' 473 motion could be set at the same time as Respondent City's Demurrer
 3   hearing. The Clerk indicated she would chieck with the Judge and call me back on my cell
 4   phone.
 5            4.     On Monday, April 24,2017, having not heard back from the Dept. 24 Clerk, I
 6   called to follow-up on our request. I got the Clerk's voicemail recording, saying "we" would be
 7   out from April 24"^ until May 8'^ which is after the time in which to bring the 473 motion under
 8   regular noticed motion rules.
 9            I declare, under penalty of perjury under the laws of the State of California, that the
10   foregoing is tme and correct.
11            Executed on May 3, 2017, at Folsom, Califomia.
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28


                   KILLIAN DECLARATION ISO MOTION FOR RELIEF FROM DISMISSAL [CCP 473] - 2