Motion-Secondary: MARJORIE DEHEY, ET AL. VS DEFENDANT THE POINT AT BEVERLY HILLS INC., ET AL

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                                Electronically FILED by Superior Court of California, County of Los Angeles on 04/18/2019 04:32 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Ismael,Deputy Clerk




                                                                                                                                                                 CIV-141
     ATTORNEY OR PARTY V>i1THOUT ATTORNEY:                     STATE BAR NO:   221922                                               FOR COURT USE ONLY
     NAME:  Gregory J. Carpenter, Esq.
     FIRM NAME:  Hartsuyker, Stratman & Williams-Abrego
     STREET ADDRESS: 700 S. Flower St. 28th Floor
     cITY: Los Angeles                                      STATE: CA     ZIP CODE: 90017
     TELEPHONE NO.: (213)615-2548                          FA XNO.: (213)615-2698

     E-MAIL ADDRESS: gregory.carpenter@farmersinsurance.com
     ATTORNEY FOR (Name): The Point at Beverly Hills, Inc. and LB Property Management, Inc.

     SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles
      STREET ADDRESS: 312 North Spring Street, Los Angeles, CA 90012
      MAILING ADDRESS: 312 North Spring Street, Los Angeles, CA 90012
     CITY AND ZIP CODE:   Los Angeles, CA 90012
         BRANCH NAME: Spring Street Courthouse

           PLAINTIFF/PETITIONER: MARJORIE DEHEY, et al.
      DEF{:NDANT/RESPONDENT: THE POINT AT BEVERLY HILLS INC., et al.
                                                                                                                    CASE NUMBER:
                        DECLARATION OF DEMURRING OR MOVING PARTY                                                    19STCV02006
                            IN SUPPORT OF AUTOMATIC EXTENSION

     1. (Name of party): LB PROPERTY MANAGEMENT, INC.                                                                was served with

       [KJ a complaint               D       an amended complaint                 D       a cross-complaint
       D        an answer            D      other (specify):
        in the above-titled action.
     2. For a demurrer or motion to strike, a responsive pleading is due on (date): 4/26/19
                                                                               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):
           [KJ below                 Don form MC-031, Attached Declaration
           On April 8, 2019, I e-mailed Plaintiffs' counsel requesting that we set up a time to meet and confer with regard to a potential
           Demurrer and Motion to Strike on the Complaint. On April 9, 2019, I received a response from Plaintiffs' counsel's office stating
           that Plaintiffs' counsel was out of the office and not available to meet and confer. On Monday, April 15, 2019, sent a follow up e­
           mail requesting that we set up a time to meet and confer. To date, I have not recieved a response, but will endeavor to continue
           to follow up.




           I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
           Date: April 18, 2019

           Gregory J. Carpenter
                                (NAME OF PARTY OR ATTORNEY FOR PARTY)
                                                                                             ►     (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)

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