Preview
CIV-141
ATTORNEY OR PARTY \MTHOUT ATTORNEY: STATE BAR NO: 172235 FOR COURT USE ONLY
NAME: Ross R. Nott
FIRM NAME: SPINELLI DONALD & NOTT APC
STREET ADDRESS: 601 University Avenue, Suite 225
CITY: SACRAMENTO STATE:CA ZIPCODE:95825
TELEPHONE NO.: (916) 448-7888 FAX NO.: (916) 448-6888
E-MAIL ADDRESS:Rossn@sdnlaw.com
ATTORNEY FOR (Name): Defendant BUSD
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
STREET ADDRESS: 1225 Fallon St.
MAILING ADDRESS: 1225 Fallon St.
c1TY AND z1P coDE: Oakland, 94612
BRANCH NAME: Rene C. Davidson Alameda County Courthouse Fees exempt pursuant to
Jane BWN Doe
PLAINTIFF/PETITIONER: Government Code Section 6103
DEFENDANT/RESPONDENT: Doe 1, et al.
CASE NUMBER:
DECLARATION OF DEMURRING OR MOVING PARTY
22CV006012
IN SUPPORT OF AUTOMATIC EXTENSION
1. (Name of party): Defendant Berkeley Unified School District was served with
[J[] a complaint C:J an amended complaint c=J a cross-complaint
C:J an answer C:J other (specify):
in the above-titled action.
2. For a demurrer or motion to strike, a responsive pleading is due on (date):March 21, 2022
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):
[J[] below CJ on form MC-031, Attached Declaration
Berkeley Unified School District accepted service via Notice and Acknowledgement on February 18, 2022. At the same
time, counsel for Defendant BUSD requested that Plaintiffs counsel informally and confidentially identify Plaintiff BWN
Doe. Since making that request on February 18, 2022, no information has been provided to identify BWN Doe. This
makes initial investigation impossible to accomplish to evaluate Plaintiffs factual allegations, potential defenses available
to the District as well as opportunities to either move to strike or demurrer to causes of action.
As a consequence, this responding party has not been able to meet and confer with Plaintiff regarding the pleadings.
Therefore, this 30-day extension is necessary such that Plaintiffs counsel identifies BWN Doe and the parties can proceed
with meet and confer efforts.
Date: March 15, 2022
Ross R. Nott
(NAME OF PARTY OR ATTORNEY FOR PARTY)
.â–º--
rn \
I declare under penalty of perjury under the laws of the State of California that the information a
:;. ~
~b ve is true and correct.
~
-----"-"'-.,.,;:::,::\:::~----------
(SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
Page 1 of 1
Form Approved for Optional Use Code of Civil Procedure,
Judicial Council of Cslifornia
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 Wasdaw Doc & Form BuNdar-
6
1 PROOF OF SERVICE
2 COURT: Superior Court of California, County of Alameda
CASE NO.: 22CV006012
3 CASENAME: Jane BWN Doe v. Doe 1, et al.
4 I am a citizen of the United States, employed in the County of Sacramento, State of
California. My business address is 601 University Avenue, Suite 225, Sacramento, CA 95825. I
5 am over the age of 18 and not a party to the above-entitled action.
6 I am readily familiar with Spinelli, Donalc;l & Nott's practice for collection and processing
of correspondence for mailing with the United States Postal Service. Pursuant to said practice, each
7 document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon
and the sealed envelope is placed in the office mail receptacle. Each day's mail is collected and
8 deposited in a U.S. mailbox at or before the close of each day's business. (Code Civ. Proc., §
1013a(3) or Fed.R.Civ.P.5(a) and 4.1.)
9
On March 15, 2022, I caused the Declaration of Demurring or Moving Party in Support of
10 Automatic Extension, the original of which was produced on recycled paper, to be served via
11 â–¡ MAIL--
Placed in the United States Mail at Sacramento, California in an envelope with postage
12 thereon fully prepaid addressed as follows:
13 Morgan Stewart
Saul Wolf
14 Cristina Nolan
Manly Stewart Finaldi
15 19100 Von Karman Avenue, Suite 800
Irvine, CA 92612
16 (949) 252-9990
Attorney for Plaintiff
(949) 252-9991
17
cnolan@manlystewart.com
18 mstewart@manlystewart.com
swolf@manlystewart.com
19 cthom@manlystewart.com
bmendoza@manlystewart.com
20
21
22
23 BY ELECTRONIC SERVICE/ELECTRONIC MAIL
I caused such document to be electronically served by filing said document electronically in
24 accordance with rules of electronically filing documents.
25 â–¡ FAX AND MAIL--
I personally sent to the addressee's telecopier number indicated below a true copy of the
26 above-described document(s) before 5:00 p.m. I verified transmission without error by a
transmission report issued by the facsimile machine upon which said transmission was made
27 immediately following the transmission. Thereafter, I placed a true copy in a sealed
envelope with the first class postage affixed and mailed as follows:
28 â–¡ PERSONAL SERVICE--
SPINELLI, DONALD
&NOTT
1
1 By causing delivery by hand to the addressee addressed as follows:
2 0 FEDERAL EXPRESS--
By causing delivery by Federal Express of the document(s) listed above to the person(s) at
3 the address( es) set forth below:
I declare under penalty of perjury under the laws o th State of California that the foregoing
4 is true and correct. Executed on March 15, 2022, at Sacr m to, Califo ·a.
--~~~~-~
5 Sh
/
_,/
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SPINELLI, OONALD
&NOTI
2
Preview
CIV-141 ATTORNEY OR PARTY \MTHOUT ATTORNEY: STATE BAR NO: 172235 FOR COURT USE ONLY NAME: Ross R. Nott FIRM NAME: SPINELLI DONALD & NOTT APC STREET ADDRESS: 601 University Avenue, Suite 225 CITY: SACRAMENTO STATE:CA ZIPCODE:95825 TELEPHONE NO.: (916) 448-7888 FAX NO.: (916) 448-6888 E-MAIL ADDRESS:Rossn@sdnlaw.com ATTORNEY FOR (Name): Defendant BUSD SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA STREET ADDRESS: 1225 Fallon St. MAILING ADDRESS: 1225 Fallon St. c1TY AND z1P coDE: Oakland, 94612 BRANCH NAME: Rene C. Davidson Alameda County Courthouse Fees exempt pursuant to Jane BWN Doe PLAINTIFF/PETITIONER: Government Code Section 6103 DEFENDANT/RESPONDENT: Doe 1, et al. CASE NUMBER: DECLARATION OF DEMURRING OR MOVING PARTY 22CV006012 IN SUPPORT OF AUTOMATIC EXTENSION 1. (Name of party): Defendant Berkeley Unified School District was served with [J[] a complaint C:J an amended complaint c=J a cross-complaint C:J an answer C:J other (specify): in the above-titled action. 2. For a demurrer or motion to strike, a responsive pleading is due on (date):March 21, 2022 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): [J[] below CJ on form MC-031, Attached Declaration Berkeley Unified School District accepted service via Notice and Acknowledgement on February 18, 2022. At the same time, counsel for Defendant BUSD requested that Plaintiffs counsel informally and confidentially identify Plaintiff BWN Doe. Since making that request on February 18, 2022, no information has been provided to identify BWN Doe. This makes initial investigation impossible to accomplish to evaluate Plaintiffs factual allegations, potential defenses available to the District as well as opportunities to either move to strike or demurrer to causes of action. As a consequence, this responding party has not been able to meet and confer with Plaintiff regarding the pleadings. Therefore, this 30-day extension is necessary such that Plaintiffs counsel identifies BWN Doe and the parties can proceed with meet and confer efforts. Date: March 15, 2022 Ross R. Nott (NAME OF PARTY OR ATTORNEY FOR PARTY) .►-- rn \ I declare under penalty of perjury under the laws of the State of California that the information a :;. ~ ~b ve is true and correct. ~ -----"-"'-.,.,;:::,::\:::~---------- (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) Page 1 of 1 Form Approved for Optional Use Code of Civil Procedure, Judicial Council of Cslifornia 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 Wasdaw Doc & Form BuNdar- 6 1 PROOF OF SERVICE 2 COURT: Superior Court of California, County of Alameda CASE NO.: 22CV006012 3 CASENAME: Jane BWN Doe v. Doe 1, et al. 4 I am a citizen of the United States, employed in the County of Sacramento, State of California. My business address is 601 University Avenue, Suite 225, Sacramento, CA 95825. I 5 am over the age of 18 and not a party to the above-entitled action. 6 I am readily familiar with Spinelli, Donalc;l & Nott's practice for collection and processing of correspondence for mailing with the United States Postal Service. Pursuant to said practice, each 7 document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day's mail is collected and 8 deposited in a U.S. mailbox at or before the close of each day's business. (Code Civ. Proc., § 1013a(3) or Fed.R.Civ.P.5(a) and 4.1.) 9 On March 15, 2022, I caused the Declaration of Demurring or Moving Party in Support of 10 Automatic Extension, the original of which was produced on recycled paper, to be served via 11 □ MAIL-- Placed in the United States Mail at Sacramento, California in an envelope with postage 12 thereon fully prepaid addressed as follows: 13 Morgan Stewart Saul Wolf 14 Cristina Nolan Manly Stewart Finaldi 15 19100 Von Karman Avenue, Suite 800 Irvine, CA 92612 16 (949) 252-9990 Attorney for Plaintiff (949) 252-9991 17 cnolan@manlystewart.com 18 mstewart@manlystewart.com swolf@manlystewart.com 19 cthom@manlystewart.com bmendoza@manlystewart.com 20 21 22 23 BY ELECTRONIC SERVICE/ELECTRONIC MAIL I caused such document to be electronically served by filing said document electronically in 24 accordance with rules of electronically filing documents. 25 □ FAX AND MAIL-- I personally sent to the addressee's telecopier number indicated below a true copy of the 26 above-described document(s) before 5:00 p.m. I verified transmission without error by a transmission report issued by the facsimile machine upon which said transmission was made 27 immediately following the transmission. Thereafter, I placed a true copy in a sealed envelope with the first class postage affixed and mailed as follows: 28 □ PERSONAL SERVICE-- SPINELLI, DONALD &NOTT 1 1 By causing delivery by hand to the addressee addressed as follows: 2 0 FEDERAL EXPRESS-- By causing delivery by Federal Express of the document(s) listed above to the person(s) at 3 the address( es) set forth below: I declare under penalty of perjury under the laws o th State of California that the foregoing 4 is true and correct. Executed on March 15, 2022, at Sacr m to, Califo ·a. --~~~~-~ 5 Sh / _,/ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPINELLI, OONALD &NOTI 2