Motion-Secondary: PROGRESS PLACE VS EVA CEPEIDA

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                                Electronically FILED by Superior Court of California, County of Los Angeles on 10/16/2020 07:53 PM Sherri R. Carter, Executive Officer/Clerk of Court, by J. So,Deputy Clerk



                                                                                                                                                                               CIV-141
           ATTORNEY OR PARTY WITHOUT ATTORNEY:                         STATE BAR NO:                                                            FOR COURT USE ONLY
           NAME:  Jacob I. Mojarro
           FIRM NAME: MOJARRO LAW, P.C.
           STREET ADDRESS: 612 W. Whittier Blvd.
           CITY: Montebello                                                  STATE:    CA     ZIP CODE: 90640
           TELEPHONE NO.: (323) 767-8500                                    FAX NO.:    (323) 767-8501
           E-MAIL ADDRESS: jacob@mojarrolaw.com

           ATTORNEY FOR (Name): EVA CEPEIDA

           SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
            STREET ADDRESS:      SUPERIOR COURT
            MAILING ADDRESS:     111 N. HILL ST
           CITY AND ZIP CODE:     LOS ANGELES, CA 90012
               BRANCH NAME:      STANLEY MOSK COURTHOUSE
                 PLAINTIFF/PETITIONER: PROGRESS PLACE
            DEFENDANT/RESPONDENT: EVA CEPEIDA, DOES 1-100

                                                                                                                              CASE NUMBER:
                              DECLARATION OF DEMURRING OR MOVING PARTY                                                        20STCV31478
                                      IN SUPPORT OF AUTOMATIC EXTENSION

          1. (Name of party): EVA CEPEIDA                                                                                      was served with

                      a complaint                   an amended complaint                           a cross-complaint
                      an answer                    other (specify):
              in the above-titled action.
          2. For a demurrer or motion to strike, a responsive pleading is due on (date): OCTOBER 16, 2020

                                                                           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):
                          below               on form MC-031, Attached Declaration
                   The parties agreed to October 16, 2020 as defendant's deadline to respond. On September 29, 2020, I emailed plaintiff's counsel
                   on the need to meet and confer on demurrer on grounds under CCP sec. 367. On October 6, 2020, I emailed opposing counsel
                   requesting times he was available for a meet and confer. Opposing Counsel provided one time at 10 am the next day, which I was
                   not able to do. Opposing counsel emailed me the next day asking me to identify the issues via email. On October 13, 2020, I
                   emailed opposing counsel, again stating that the complaint must be prosecuted in the name of the real party in interest under CCP
                   Sec. 367. Opposing Counsel responded later in the evening the asking if my intent was to litigate or settle. On October 14, 2020, I
                   sent another email reminding counsel on defendant's deadline to respond and requested that he confirm whether he was going to
                   amend the complaint to cure the deficiency raised. Opposing Counsel responded with settlement terms but did not address the
                   deficiency raised. Accordingly, the parties have been unable to meet and confer at least five days before the responsive pleading
                   was due. I reserved a date for defendant's demurrer but now file this declaration so that the parties have the opportunity to finish
                   their meet and confer if this matter is not otherwise settled.

                   I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
                 Date: 10/16/2020

                 JACOB MOJARRO
                                      (NAME OF PARTY OR ATTORNEY FOR PARTY)                                  (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)

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          Form Approved for Optional Use
          Judicial Council of California
                                                         DECLARATION OF DEMURRING OR MOVING PARTY                                                                  Code of Civil Procedure,
                                                                                                                                                                     §§ 430.41, 435.5, 439
          CIV-141 [Rev. January 1, 2019]                                                                                                                                www.courts.ca.gov
                                                                 IN SUPPORT OF AUTOMATIC EXTENSION