Document for PLAINTIFF CERTIFIED CLASS, et al vs. WAYNE PODESTA, et al

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                                David P. Uccelli (SBN 63056)
     Law Office of David P. Uccelli
     50 Woodside Plaza 11312
     Redwood City, CA 94061-2500
     Telephone: (650) 579-1100
     Email: du&q.uccellilaw.corn


     Attorney for: Wayne Podesta, Individually and as Trustee
     of the Wayne Podesta 2011 Revocable Trust Agreement, as
     Amended and Republished; Podesta Family Investments II, LLC,
     and Gary John Podesta, Jr. Individually and as Successor Trustee
     of the Gray Podesta Trust Agreement.


 9                                SUPERIOR COURT OF CALIFORNIA
10                  COUNTY OF SAN MATEO - UNLIMITED JURISDICTION
11
     FRANCISCAN RESIDENT ADVISORY                  Case No. 23-CIV-01597
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     COMMITTEE; and PLAINTIFF
     CERTIFIED CLASS.                              Assigned for All Purposes to:
                                                   Hon. Marie S. Weiner, Dept. 2
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                        Plaintiffs,
                                                   DEFENDANTS'OTION TO
     vs.                                           DISQUALIFY JUDGE
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                                                   AND TO ASSIGN ACTION TO
     WAYNE PODESTA, individually and as            ANOTHER JUDGE, and
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     Trustee of the Wayne Podesta 2011
     Revocable Trust Agreement Dated August        SUPPORTING DECLARATION OF
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     4, 2011, as Amended and Republished;          DAVID P. UCCELLI
     PODESTA FAMILY INVESTMENTS II,                           OF RECORD
                                                                DEFENDANTS'TTORNEY




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     LLC; GARY JOHN PODESTA, JR.,
     individually and as Successor Trustee of      Peremptory Challenge Per California
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     the Gary Podesta Trust Agreement Dated        Code of Civil Procedure 11170.6
     July 19, 2007, and Does 1 to 50, Inclusive.
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                        Defendants.
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                                        PEREMPTORY CHALLENGE
                        MOTION TO DISQUALIFY JUDGE PER CCP l)170.6
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            The Defendants named in the above-captioned action hereby move the court for an
26 order                                       MANE   S. WEINER from hearing or presiding
         disqualifying the Honorable Judge
27 over
        any matters, including trial regarding the above-captioned action, and assigning the
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     Peremptory Cttailenge CCP 1170.6
     1   above-captioned action to another judge.
 2                  The Declaration of David P. Uccelli, the attorney of record for Defendants'n the
 3       above-captioned action, is included with this Motion and set forth hereinafter. A previous
 4       motion was filed but was stricken by the court as being premature as Defendants had not
 5       then appeared in the above-captioned action. Therefore the Motion is now reasserted as
 6       Defendants have now appeared in the above-captioned action.
 7 Dated:            June 12, 2023                                                 ed,


                                                             DAVID P. UCCELLI
                                                             Attorney for Defendants
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                          SUPPORTING DECLARATION OF DAVID P. UCCELLI
12                             RE: PEREMPTORY CHALLENGE [CCP tj170.6]
13              I, David P. Uccelli, declare as follows:

14              I am an attorney duly licensed to practice law in the State   of California and the
15       attorney of record for the named Defendants in the above-captioned action.
16              The judge before whom the above-captioned matter has been assigned for all
17       purposes, the Honorable Judge Marie S. Weiner, is prejudice against the above-named
18       Defendants and their attorney and/or the interests of the above-named Defendants and
19       their attorney regarding the above-captioned action so that the named Defendants cannot,
20 and they and I believe that they cannot, have a fair and impartial trial or hearing before

21       said judge. Therefore, I respectfully request the above-captioned action be assigned to
22 another judge.

23              I   declare under penalty of perjury under the laws of the State of California that the
24 forgoing is true and correct. Executed at Woodside, CA on June 12               .   2023.
25


                                                             DAVID P. UCCELLI
27                                                           Attorney for Defendants
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         Peremptory Challenge CCP I 170.6
 I
                                           PROOF OF SERVICE
          FRANCISCAN RESIDENT ADVISORY COMMITTEE: et al. v. WAYNE PODESTA et al.
                 SUPERIOR COURT, SAN MATEO COUNTY, CASE NO. 23-CIV-01597
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 4            I, David P. Uccelli, declare as follows:

              I   am at least 18 years of age and not a party to the above-captioned action. I am an active
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     member of the State Bar of California. My business address is located in San Mateo County, CA
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     at 50 Woodside Plaza, 11312, Redwood City, CA 94061-2500. My e-service address is
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     du(kuccellilaw.corn. I e-filed the document(s) listed below, and served said document(s) on the
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10   party(ies) listed below by electronic transmission in accordance with Code of Civil Procedure

     $   1010.6 via One Legal, an E-Filing Service Provider:

12   DEFENDANTS'OTION TO DISQUALIFY JUDGE AND TO ASSIGN ACTION TO
     ANOTHER JUDGE, and SUPPORTING DECLARATION OF DAVID P. UCCKLLI
     DEFENDANTS'TTORNEY OF RECORD
14   Peremptory Challenge Per California Code of Civil Procedure $ 170.6

15            Said document(s) were electronically served to the email address(es) of the party(ies)

16   designated below:
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              Name of person served: Shelley S. Buchanan, on behalf of Plaintiffs, FRANCISCAN
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     RESIDENT ADVISORY COMMITTEE and PLAINTIFF CERTIFIED CLASS.
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              Electronic service address of person served: ssbuchananlaw(iRnmaii.corn
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              Date of Service: June 12. 2023     .
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22            I declare under penalty   of perjury under the laws of the State of California that the

23   foregoing is true and correct. Fxecuted at Woodside, California, on June 12. 2023

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                                                              DAVID P. UCCELLI
26                                                            Attorney for Defendants

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                                                 Proof of Service
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