Preview
+ w
a
TEL: 415-929-3197 © FAX: 415-929-3476
LAW OFFICES of R. Michael Lieberman.
1398 Post Street, San Francisco, California 94109
| R. MICHAEL LIEBERMAN (SBN 120831) ELECTRONICALLY
LAW OFFICES OF R. MICHAEL LIEBERMAN FILED
1398 POST STREET Superior Court of California,
SAN FRANCISCO, CALIFORNIA 94109 02/04/2019
TELEPHONE: (415) 929-3197
FAX: (415) 929-3476 Tovocrmertee|- |
Deputy Clerk
Attorneys for Defendants
CARROLL HENRY and CHARLES MCMACKIN
SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION
NO, CGC 17-557688
TIMOTHY A, BONNICI, an
individual DECLARATION OF DEFENDANTS’
COUNSEL R. MICHAEL
Plaintiff, LIEBERMAN IN RESPONSE TO
ORDER TO SHOW CAUSE TO
vs. PLAINTIFF’S COUNSEL
CHARLES MCMACKIN, an DATE: MARCI 26, 2019
individual, CARROLL HENRY, an TIME: 10:30 A.M.
individual, and DOES I] TO 200, DEPARTMENT NO.: 610
inclusive, TRIAL DATE: NONE SET
ATTACHED DOCUMENTS: NO
Defendants.
1/ DECLARATION OF DEFENDANTS’ COUNSEL R. MICHAEL LIEBERMAN IN
RESPONSE TO ORDER TO SHOW CAUSE TO PLAINTIFFS COUNSELLAW oFFIcES of R. Michael Lieberman
1398 Post Street, San Francisco, California 94109
TEL! 415-929-3197 © FAX: 415-929-3476
I, R. MICHAEL LIEBERMAN, do hereby declare:
1. Jam an attorney at law licensed to practice law in the States of
California and Nevada. I have personal knowledge of the facts stated herein
and, if called as a witness, could and would testify competently to those facts
based upon that knowledge.
2. Iam the attorney for defendants CARROLL HENRY and CHARLES
MCMACKIN in this action. I make this declaration in response to the Court’s
Order to plaintiff's counsel to show cause as to why this action should not be
dismissed or why sanctions should not be imposed for failure to obtain an
answer(s) from, or enter default(s) against, defendant(s) as to the First
Amended Complaint.
3. Attached please find a true and correct copy of a letter I faxed
to plaintiffs counsel, Gino J. Molinari, on November 20, 2018. Everything I
stated in the letter is true. Mr. Molinari has never responded to my letter,
He did not serve my client with a copy of his client’s amended complaint,
a proof of service or a properly executed verification.
I declare under penalty of perjury the laws of the State of
California that the foregoing is true and c¢
DATE: February 4, 2019
R. MICHAEL LIEBERMAN
| 2/ DECLARATION OF DEFENDANTS’ COUNSEL R. MICHAEL LIEBERMAN IN
| RESPONSE TO ORDER TO SHOW CAUSE TO PLAINTIFF'S COUNSELATTACHMENTf 3
LAW OFFICES
of
R. Michael Lieberman
1398 Post Street, San Francisco, California 94109
TEL: 415-929-3197 ¢ FAX: 415-929-3476
November 20, 2018
VIA FAX: 415-648-3130
Gino J. Molinari
Law Offices of Gino J. Molinari
3366 Twenty Second St.
San Francisco, CA 94110
Re: Bonnici v. McMackin, et al.
Dear Mr. Molinari:
I checked the Court’s website today, and learned that you had filed
an amended complaint in this matter. However, | have not been served
with a copy. Please serve me with a copy of this complaint with a signed
proof of service as well. In addition, the verification that you filed with the
complaint is improper as it is not dated. Please correct this error.
ichael Lieb
ce ClientMEMORY TRANSMISSION REPORT
TINE 211-20-2018 17:28
FAX NO.1 :
NAME
FILE NO, : 013
DATE : 11.20 17:27
TO :& 14156483130
DOCUMENT PAGES He
START TIME : 11.20 17:27
END TIME 2 11.20 17:28
PAGES SENT “2
‘STATUS : OK
***SUCCESSFUL TX NOTICE***
Law Offices of R. Michael Lieberman
1398 Post Street ilar
San Francisco, California 94109
Tel: 415-929-3197
Bax: 415-929-3476
Dace: November 20, 2018
To: Gino J. Molinari
Pax No.: 415-648-3130
R. Michael Lieberman
Bonnici v. MceMackin; Henry
2 (inchiding this page)
Comments:
If this fax ix mterrupted or Mlegible, please contact me as soon as possible byt calling (415) 929-
BaD7.
The informution contained in unis fax ie confidencial, may be privileged, and is Intended onty for
you are hereby noticed what any discemination, distribution, or copying of this fe ie erriety:
bronivited, Te you have received thig fax in crror, ploasc immediately Inform me as soon as
possible by calling the telephone number mbove and recurn the fax to mo at che above address. 1
Will reimburse you for your postage Ana Apologize co You for Your IncenvenleAce,Law Offices of R. Michael Lieberman
1398 Post Street
San Francisco, California 94109
Tel: 415-929-3197
Fax: 415-929-3476
PAX
Date: November 20, 2018
To: Gino J. Molinari
Fax No,: 415-648-3130
From: R. Michael Lieberman
Re: Bonnici v. McMackin; Henry
Pages: 2 (including this page)
Comments:
If this fax is interrupted or illegible, please contact me as soon as possible by calling (415) 929-
3197,
The information contained in this fax is confidential, may be privileged, and is intended only for
the use of the individual or entity to whom it is addressed. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it to the intended recipient,
you are hereby noticed that any dissemination, distribution, or copying of this fax is strictly
prohibited. If you have received this fax in error, please immediately inform me as soon as
possible by calling the telephone number above and return the fax to me at the above address. [|
will reimburse you for your postage and apologize to you for your inconvenience.TEL! 415-929-3197 © FAX: 415-929-3476,
LAW OFFICES of R. Michael Lieberman
1398 Post Street, San Francisco, California 94109
25
26
PROOF OF SERVICE
I, MONICA TAURIELLO, declare:
lam over the age of eighteen years, not a party to this action and
| am employed in the City and County of San Francisco at 1398 Post Street,
San Francisco, California 94109.
On February 4, 2019, I served the within document(s) entitled:
DECLARATION OF DEFENDANTS’ COUNSEL R. MICHAEL LIEBERMAN
IN RESPONSE TO ORDER TO SHOW CAUSE TO PLAINTIFF’S COUNSEL
by placing in the United States Mail a true and correct copy thereof in a
sealed envelope, with postage thereon fully prepaid, addressed to:
GINO J. MOLINARI
LAW OFFICES OF GINO J. MOLINARI
3366 22% STREET
SAN FRANCISCO, CA 94110
I declare under penalty of perju: le laws of the State of
California that the foregoing is true a
DATED: February 4, 2019
3/ DECLARATION OF DEFENDANTS’ COUNSEL R. MICHAEL LIEBERMAN IN
RESPONSE TO ORDER TO SHOW CAUSE TO PLAINTIFF’S COUNSEL
Preview
+ w a TEL: 415-929-3197 © FAX: 415-929-3476 LAW OFFICES of R. Michael Lieberman. 1398 Post Street, San Francisco, California 94109 | R. MICHAEL LIEBERMAN (SBN 120831) ELECTRONICALLY LAW OFFICES OF R. MICHAEL LIEBERMAN FILED 1398 POST STREET Superior Court of California, SAN FRANCISCO, CALIFORNIA 94109 02/04/2019 TELEPHONE: (415) 929-3197 FAX: (415) 929-3476 Tovocrmertee|- | Deputy Clerk Attorneys for Defendants CARROLL HENRY and CHARLES MCMACKIN SUPERIOR COURT - STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION NO, CGC 17-557688 TIMOTHY A, BONNICI, an individual DECLARATION OF DEFENDANTS’ COUNSEL R. MICHAEL Plaintiff, LIEBERMAN IN RESPONSE TO ORDER TO SHOW CAUSE TO vs. PLAINTIFF’S COUNSEL CHARLES MCMACKIN, an DATE: MARCI 26, 2019 individual, CARROLL HENRY, an TIME: 10:30 A.M. individual, and DOES I] TO 200, DEPARTMENT NO.: 610 inclusive, TRIAL DATE: NONE SET ATTACHED DOCUMENTS: NO Defendants. 1/ DECLARATION OF DEFENDANTS’ COUNSEL R. MICHAEL LIEBERMAN IN RESPONSE TO ORDER TO SHOW CAUSE TO PLAINTIFFS COUNSELLAW oFFIcES of R. Michael Lieberman 1398 Post Street, San Francisco, California 94109 TEL! 415-929-3197 © FAX: 415-929-3476 I, R. MICHAEL LIEBERMAN, do hereby declare: 1. Jam an attorney at law licensed to practice law in the States of California and Nevada. I have personal knowledge of the facts stated herein and, if called as a witness, could and would testify competently to those facts based upon that knowledge. 2. Iam the attorney for defendants CARROLL HENRY and CHARLES MCMACKIN in this action. I make this declaration in response to the Court’s Order to plaintiff's counsel to show cause as to why this action should not be dismissed or why sanctions should not be imposed for failure to obtain an answer(s) from, or enter default(s) against, defendant(s) as to the First Amended Complaint. 3. Attached please find a true and correct copy of a letter I faxed to plaintiffs counsel, Gino J. Molinari, on November 20, 2018. Everything I stated in the letter is true. Mr. Molinari has never responded to my letter, He did not serve my client with a copy of his client’s amended complaint, a proof of service or a properly executed verification. I declare under penalty of perjury the laws of the State of California that the foregoing is true and c¢ DATE: February 4, 2019 R. MICHAEL LIEBERMAN | 2/ DECLARATION OF DEFENDANTS’ COUNSEL R. MICHAEL LIEBERMAN IN | RESPONSE TO ORDER TO SHOW CAUSE TO PLAINTIFF'S COUNSELATTACHMENTf 3 LAW OFFICES of R. Michael Lieberman 1398 Post Street, San Francisco, California 94109 TEL: 415-929-3197 ¢ FAX: 415-929-3476 November 20, 2018 VIA FAX: 415-648-3130 Gino J. Molinari Law Offices of Gino J. Molinari 3366 Twenty Second St. San Francisco, CA 94110 Re: Bonnici v. McMackin, et al. Dear Mr. Molinari: I checked the Court’s website today, and learned that you had filed an amended complaint in this matter. However, | have not been served with a copy. Please serve me with a copy of this complaint with a signed proof of service as well. In addition, the verification that you filed with the complaint is improper as it is not dated. Please correct this error. ichael Lieb ce ClientMEMORY TRANSMISSION REPORT TINE 211-20-2018 17:28 FAX NO.1 : NAME FILE NO, : 013 DATE : 11.20 17:27 TO :& 14156483130 DOCUMENT PAGES He START TIME : 11.20 17:27 END TIME 2 11.20 17:28 PAGES SENT “2 ‘STATUS : OK ***SUCCESSFUL TX NOTICE*** Law Offices of R. Michael Lieberman 1398 Post Street ilar San Francisco, California 94109 Tel: 415-929-3197 Bax: 415-929-3476 Dace: November 20, 2018 To: Gino J. Molinari Pax No.: 415-648-3130 R. Michael Lieberman Bonnici v. MceMackin; Henry 2 (inchiding this page) Comments: If this fax ix mterrupted or Mlegible, please contact me as soon as possible byt calling (415) 929- BaD7. The informution contained in unis fax ie confidencial, may be privileged, and is Intended onty for you are hereby noticed what any discemination, distribution, or copying of this fe ie erriety: bronivited, Te you have received thig fax in crror, ploasc immediately Inform me as soon as possible by calling the telephone number mbove and recurn the fax to mo at che above address. 1 Will reimburse you for your postage Ana Apologize co You for Your IncenvenleAce,Law Offices of R. Michael Lieberman 1398 Post Street San Francisco, California 94109 Tel: 415-929-3197 Fax: 415-929-3476 PAX Date: November 20, 2018 To: Gino J. Molinari Fax No,: 415-648-3130 From: R. Michael Lieberman Re: Bonnici v. McMackin; Henry Pages: 2 (including this page) Comments: If this fax is interrupted or illegible, please contact me as soon as possible by calling (415) 929- 3197, The information contained in this fax is confidential, may be privileged, and is intended only for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby noticed that any dissemination, distribution, or copying of this fax is strictly prohibited. If you have received this fax in error, please immediately inform me as soon as possible by calling the telephone number above and return the fax to me at the above address. [| will reimburse you for your postage and apologize to you for your inconvenience.TEL! 415-929-3197 © FAX: 415-929-3476, LAW OFFICES of R. Michael Lieberman 1398 Post Street, San Francisco, California 94109 25 26 PROOF OF SERVICE I, MONICA TAURIELLO, declare: lam over the age of eighteen years, not a party to this action and | am employed in the City and County of San Francisco at 1398 Post Street, San Francisco, California 94109. On February 4, 2019, I served the within document(s) entitled: DECLARATION OF DEFENDANTS’ COUNSEL R. MICHAEL LIEBERMAN IN RESPONSE TO ORDER TO SHOW CAUSE TO PLAINTIFF’S COUNSEL by placing in the United States Mail a true and correct copy thereof in a sealed envelope, with postage thereon fully prepaid, addressed to: GINO J. MOLINARI LAW OFFICES OF GINO J. MOLINARI 3366 22% STREET SAN FRANCISCO, CA 94110 I declare under penalty of perju: le laws of the State of California that the foregoing is true a DATED: February 4, 2019 3/ DECLARATION OF DEFENDANTS’ COUNSEL R. MICHAEL LIEBERMAN IN RESPONSE TO ORDER TO SHOW CAUSE TO PLAINTIFF’S COUNSEL