Preview
RA-010
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER: 160110
NAME: Paul L. Gumina, Esq.
FIRM NAME: The Law Offices of Paul L. Gumina, P.C.
STREET ADDRESS: 560 W. Main St. Suite 205
CITY: Alhambra STATE: CA ZIP CODE: 91801
TELEPHONE NO.: 866-894-8863 FAX NO.: 866-894-8867
EMAIL ADDRESS: PAUL@WESTCOASTBIZLAW.COM
ATTORNEY FOR (name): DEFENDANT AMERICAN ABALONE FARMS, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ
STREET ADDRESS: 701 Ocean Street
MAILING ADDRESS:
CITY AND ZIP CODE: Santa Cruz, CA 95060
BRANCH NAME: Santa Cruz Courthouse
PLAINTIFF/PETITIONER: TOM EBERT
DEFENDANT/RESPONDENT: AMERICAN ABALONE FARMS, LLC
OTHER CASE NAME:
CASE NUMBER:
NOTICE OF REMOTE APPEARANCE 19CV03672
You must use this form to tell the court you intend to appear remotely in a civil case, unless the court's website describes an
online process for giving notice. You may also use it to give the required notice to all other parties in the case. (Do not use
this form in a juvenile dependency proceeding.)
Check the court's website for information about how to appear remotely, including the departments and types of cases or
proceedings that allow remote appearances and ways to appear remotely in their departments for such appearances.
See page 3 of this form for more information, including deadlines for giving notice and for opposing a remote appearance if
this notice is for an evidentiary hearing or trial.
A person appearing remotely should conduct themselves as though appearing in court in person.
1. The person who intends to appear remotely is (check and complete all that apply):
Plaintiff/Petitioner (name):
Attorney for Plaintiff/Petitioner (name):
Defendant/Respondent (name):
Attorney for Defendant/Respondent (name): PAUL L. GUMINA, ESQ., Attorney for Defendants American Abalone Farms,
Other (name and role in case): LLC, James Ho aka Chihyang Ho, and Ocean Queen USA, Inc.
2. The person or persons in 1 intends to appear remotely (check one):
a. Throughout the case.
b. At the proceeding described below, including on any later dates if the proceeding is continued (describe):
Type of proceeding: TRIAL CALENDAR CALL
Set on (date): JUNE 29, 2023 at (time): 1:30 PM in (department): 5
Before (name of judicial officer, if known): Hon. Timothy Volkmann
3. The person intends to appear by (check court's website for method that may be used):
Videoconference Audio only (including telephone)
4. For evidentiary hearing or trial only (where testimony may be given): Defendants respectfully request that this Court allow
Defendants and their counsel, Paul L. Gumina, to appear remotely throughout the trial in this matter, starting from
the trial calendar call on 6/29/23 and the first day of the trial on 7/10/23. The Defendants' counsel is in Los Angeles
County, while the Defendants reside in Alameda County. Traveling to and from the Santa Cruz Courthouse in Santa
Cruz County imposes a significant financial burden on the Defendant party. Allowing the Defendants and their
counsel to appear remotely on 6/29/23 and for subsequent trial dates starting on July 10, 2023, would alleviate this
cost burden.
Page 1 of 3
Form Adopted for Mandatory Use Code of Civil Procedure, § 367.75;
Judicial Council of California NOTICE OF REMOTE APPEARANCE Cal. Rules of Court, rule 3.672
RA-010 [New January 1, 2022] www.courts.ca.gov
RA-010
PLAINTIFF: TOM EBERT CASE NUMBER:
DEFENDANT: AMERICAN ABALONE FARMS, LLC 19CV03672
5. I agree to keep the proceeding confidential to the same extent as would be required if I were appearing in person.
Date: June 19, 2023
Paul L. Gumina, Esq.
(TYPE OR PRINT NAME) (SIGNATURE)
Notice to Other Parties
Anyone intending to appear remotely must provide notice to all other parties by the deadlines stated in Cal. Rules of Court,
rule 3.672, and described on the next page. Notice may be provided orally, electronically, or by giving the other parties this
form in a way to ensure it is received by the applicable deadline. The party must tell the court this was done either by filing a
proof of service (this may be done on forms POS-040 or POS-050 for electronic service) or by completing and signing the
declaration below.
Declaration of Notice
I gave notice that I intend to appear remotely to the other parties or persons entitled to receive notice in this case as stated below.
Complete one item below for each person notice was given to, and enter one of the following options for "Method of notice" in c.
Mail: By mailing them a copy of this form (write the mailing address in d.)
Overnight delivery: By having a copy of this form delivered overnight (write the delivery address in d.)
Electronic notice: By e-mail or text message (write the e-mail or phone number in d.)
Phone: By telling them over the telephone or leaving them voice mail (write the phone number in d.), or
In person: By giving them a copy of this form in person, or by telling them orally in person (write the address in d.)
1. Plaintiff/Petitioner 2. Attorney for: Plaintiff Tom Ebert
a. Name: Sasha Shahabi a. Name: Sasha Shahabi
b. Date of notice: June 19, 2023 b. Date of notice: June 19, 2023
c. Method of notice: e-mail to Plaintiff's attorney c. Method of notice: e-mail
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
Sasha Shahabi, email: ss@brereton.law Sasha Shahabi, email: ss@brereton.law
3. Defendant/Respondent 4. Attorney for:
a. Name: a. Name:
b. Date of notice: June b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number:
5. Other (specify): 6. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number:
7. Other (specify): 7. Other (specify):
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
If more people were given notice, check here, attach form MC-025, titled as Attachment Notice, and add the information about
how and when notice was given to each person.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: June 19, 2023
Paul L. Gumina, Esq.
(TYPE OR PRINT NAME) (SIGNATURE)
RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 2 of 3
[page 3 need not be filed]
1 PROOF OF SERVICE
2 THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES) ss.
I am a citizen of the United States and employed in the County of Los Angeles, State of
3
California; I am over the age of 18 years and not a party to the within-entitled action; my business address
4 is 560 W. Main St., Suite 205, Alhambra, CA 91801. On June 19, 2023, I served the foregoing
documents, described as follows:
5
DEFENDANTS’ NOTICE OF REMOTE APPEARANCE
6
on the interested parties to said action by the following means:
7
(By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully
8 prepaid, for collection and mailing on that date following ordinary business practices, in
the United States Mail at 560 W. Main St., Suite 205, Alhambra, California, addressed as
9 shown below. I am readily familiar with this business's practice for collection and
processing of correspondence for mailing with the U.S. Postal Service, and in the ordinary
10 course of business, correspondence would be deposited with the U.S. Postal Service the
same day it was placed for collection and processing.
11 X (By Email) The above-referenced document was transmitted via electronic transmission to the persons
12 at the electronic addresses indicated in the service list below.
13
(By Overnight Delivery) By placing a true copy thereof, enclosed in a sealed envelope, with delivery charges prepaid,
to be sent by UPS NEXT DAY AIR, addressed as shown below.
14
(By Facsimile) By transmitting a true copy thereof by facsimile transmission from facsimile number
15 (408) 549-7689 to the interested parties to said action; the transmission was reported as
complete and without error, and a copy of the transmission report, which was properly
16 issued by the transmitting facsimile machine. Said documents were transmitted to the
interested parties as shown below at__________
17
I declare under penalty of perjury that the foregoing is true and correct. Executed on June 19, 2023, in
18 Alhambra, California.
19
20
21
NAME AND ADDRESS OF EACH PERSON SERVED:
22 Sasha Shahabi
BRERETON, MOHAMED, & TERRAZAS LLP
23 1362 Pacific Avenue, Suite 2nd Fl.
Santa Cruz, CA 95060
24 Tel: (831) 429-6391
Fax: (831) 459-8298
Email: ss@brereton.law
25
Attorneys for Plaintiff & Cross-Defendant
TOM EBERT
26
27
28
Preview
RA-010 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER: 160110 NAME: Paul L. Gumina, Esq. FIRM NAME: The Law Offices of Paul L. Gumina, P.C. STREET ADDRESS: 560 W. Main St. Suite 205 CITY: Alhambra STATE: CA ZIP CODE: 91801 TELEPHONE NO.: 866-894-8863 FAX NO.: 866-894-8867 EMAIL ADDRESS: PAUL@WESTCOASTBIZLAW.COM ATTORNEY FOR (name): DEFENDANT AMERICAN ABALONE FARMS, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: 701 Ocean Street MAILING ADDRESS: CITY AND ZIP CODE: Santa Cruz, CA 95060 BRANCH NAME: Santa Cruz Courthouse PLAINTIFF/PETITIONER: TOM EBERT DEFENDANT/RESPONDENT: AMERICAN ABALONE FARMS, LLC OTHER CASE NAME: CASE NUMBER: NOTICE OF REMOTE APPEARANCE 19CV03672 You must use this form to tell the court you intend to appear remotely in a civil case, unless the court's website describes an online process for giving notice. You may also use it to give the required notice to all other parties in the case. (Do not use this form in a juvenile dependency proceeding.) Check the court's website for information about how to appear remotely, including the departments and types of cases or proceedings that allow remote appearances and ways to appear remotely in their departments for such appearances. See page 3 of this form for more information, including deadlines for giving notice and for opposing a remote appearance if this notice is for an evidentiary hearing or trial. A person appearing remotely should conduct themselves as though appearing in court in person. 1. The person who intends to appear remotely is (check and complete all that apply): Plaintiff/Petitioner (name): Attorney for Plaintiff/Petitioner (name): Defendant/Respondent (name): Attorney for Defendant/Respondent (name): PAUL L. GUMINA, ESQ., Attorney for Defendants American Abalone Farms, Other (name and role in case): LLC, James Ho aka Chihyang Ho, and Ocean Queen USA, Inc. 2. The person or persons in 1 intends to appear remotely (check one): a. Throughout the case. b. At the proceeding described below, including on any later dates if the proceeding is continued (describe): Type of proceeding: TRIAL CALENDAR CALL Set on (date): JUNE 29, 2023 at (time): 1:30 PM in (department): 5 Before (name of judicial officer, if known): Hon. Timothy Volkmann 3. The person intends to appear by (check court's website for method that may be used): Videoconference Audio only (including telephone) 4. For evidentiary hearing or trial only (where testimony may be given): Defendants respectfully request that this Court allow Defendants and their counsel, Paul L. Gumina, to appear remotely throughout the trial in this matter, starting from the trial calendar call on 6/29/23 and the first day of the trial on 7/10/23. The Defendants' counsel is in Los Angeles County, while the Defendants reside in Alameda County. Traveling to and from the Santa Cruz Courthouse in Santa Cruz County imposes a significant financial burden on the Defendant party. Allowing the Defendants and their counsel to appear remotely on 6/29/23 and for subsequent trial dates starting on July 10, 2023, would alleviate this cost burden. Page 1 of 3 Form Adopted for Mandatory Use Code of Civil Procedure, § 367.75; Judicial Council of California NOTICE OF REMOTE APPEARANCE Cal. Rules of Court, rule 3.672 RA-010 [New January 1, 2022] www.courts.ca.gov RA-010 PLAINTIFF: TOM EBERT CASE NUMBER: DEFENDANT: AMERICAN ABALONE FARMS, LLC 19CV03672 5. I agree to keep the proceeding confidential to the same extent as would be required if I were appearing in person. Date: June 19, 2023 Paul L. Gumina, Esq. (TYPE OR PRINT NAME) (SIGNATURE) Notice to Other Parties Anyone intending to appear remotely must provide notice to all other parties by the deadlines stated in Cal. Rules of Court, rule 3.672, and described on the next page. Notice may be provided orally, electronically, or by giving the other parties this form in a way to ensure it is received by the applicable deadline. The party must tell the court this was done either by filing a proof of service (this may be done on forms POS-040 or POS-050 for electronic service) or by completing and signing the declaration below. Declaration of Notice I gave notice that I intend to appear remotely to the other parties or persons entitled to receive notice in this case as stated below. Complete one item below for each person notice was given to, and enter one of the following options for "Method of notice" in c. Mail: By mailing them a copy of this form (write the mailing address in d.) Overnight delivery: By having a copy of this form delivered overnight (write the delivery address in d.) Electronic notice: By e-mail or text message (write the e-mail or phone number in d.) Phone: By telling them over the telephone or leaving them voice mail (write the phone number in d.), or In person: By giving them a copy of this form in person, or by telling them orally in person (write the address in d.) 1. Plaintiff/Petitioner 2. Attorney for: Plaintiff Tom Ebert a. Name: Sasha Shahabi a. Name: Sasha Shahabi b. Date of notice: June 19, 2023 b. Date of notice: June 19, 2023 c. Method of notice: e-mail to Plaintiff's attorney c. Method of notice: e-mail d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number: Sasha Shahabi, email: ss@brereton.law Sasha Shahabi, email: ss@brereton.law 3. Defendant/Respondent 4. Attorney for: a. Name: a. Name: b. Date of notice: June b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number: 5. Other (specify): 6. Attorney for: a. Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number: 7. Other (specify): 7. Other (specify): a. Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number: If more people were given notice, check here, attach form MC-025, titled as Attachment Notice, and add the information about how and when notice was given to each person. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: June 19, 2023 Paul L. Gumina, Esq. (TYPE OR PRINT NAME) (SIGNATURE) RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 2 of 3 [page 3 need not be filed] 1 PROOF OF SERVICE 2 THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES) ss. I am a citizen of the United States and employed in the County of Los Angeles, State of 3 California; I am over the age of 18 years and not a party to the within-entitled action; my business address 4 is 560 W. Main St., Suite 205, Alhambra, CA 91801. On June 19, 2023, I served the foregoing documents, described as follows: 5 DEFENDANTS’ NOTICE OF REMOTE APPEARANCE 6 on the interested parties to said action by the following means: 7 (By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully 8 prepaid, for collection and mailing on that date following ordinary business practices, in the United States Mail at 560 W. Main St., Suite 205, Alhambra, California, addressed as 9 shown below. I am readily familiar with this business's practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and in the ordinary 10 course of business, correspondence would be deposited with the U.S. Postal Service the same day it was placed for collection and processing. 11 X (By Email) The above-referenced document was transmitted via electronic transmission to the persons 12 at the electronic addresses indicated in the service list below. 13 (By Overnight Delivery) By placing a true copy thereof, enclosed in a sealed envelope, with delivery charges prepaid, to be sent by UPS NEXT DAY AIR, addressed as shown below. 14 (By Facsimile) By transmitting a true copy thereof by facsimile transmission from facsimile number 15 (408) 549-7689 to the interested parties to said action; the transmission was reported as complete and without error, and a copy of the transmission report, which was properly 16 issued by the transmitting facsimile machine. Said documents were transmitted to the interested parties as shown below at__________ 17 I declare under penalty of perjury that the foregoing is true and correct. Executed on June 19, 2023, in 18 Alhambra, California. 19 20 21 NAME AND ADDRESS OF EACH PERSON SERVED: 22 Sasha Shahabi BRERETON, MOHAMED, & TERRAZAS LLP 23 1362 Pacific Avenue, Suite 2nd Fl. Santa Cruz, CA 95060 24 Tel: (831) 429-6391 Fax: (831) 459-8298 Email: ss@brereton.law 25 Attorneys for Plaintiff & Cross-Defendant TOM EBERT 26 27 28