Motion-Secondary: PHUONG T. NGUYEN VS. LONDON BREED ET AL

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                                                                                                                                              CIV-141
     ATTORNEY OR PARTY WITHOUT ATTORNEY:                STATE BAR NO:                                             FOR COURT USE ONLY
     NAME:   David Chiu (SB# 189542) / Meredith B. Osborn (SB# 250467)
+    FIRM NAME:  Natassia Kwan (SB# 294322) / Office of the City Attorney
     STREET ADDRESS: 1390 Market Street, Sixth Floor

     CITY: San Francisco                             STATE: CA ZIP CODE: 94102                                    ELECTRONICALLY
     TELEPHONE NO.: (415) 554-4272                  FAX NO.: (415) 554-3837                                           FILED
     E-MAIL ADDRESS: natassia.kwan@sfcityatty.org                                                                 Superior Court of California,
                                                                                                                   County of San Francisco
     ATTORNEY FOR (Name): Defendant City and County of San Francisco

     SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO                                                             06/02/2023
       STREET ADDRESS: 400 McAllister Street                                                                       Clerk of the Court
       MAILING ADDRESS:
                                                                                                                     BY: WILLIAM TRUPEK
                                                                                                                                Deputy Clerk
                     San Francisco 94102
      CITY AND ZIP CODE:

                     Civic Center Courthouse
          BRANCH NAME:

     PLAINTIFF/PETITIONER: PHUONG T. NGUYEN


     DEFENDANT/REPSONDENT: CITY&CNTY OF SAN FRANCISCO, LONDON BREED
       Paul Miyamoto, Tina Tam, Corey Teague, Jennifer Choi, Michael Borovina Jr. , SFPUC
                                                                                                CASE NUMBER:
+                  DECLARATION OF DEMURRING OR MOVING PARTY
                                                                                                               CGC-21-591803
                      IN SUPPORT OF AUTOMATIC EXTENSION
    1. (Name of party): Defendant City and County of San Francisco                                       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):        June 2, 2023
                                                                    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
     On May 19, 2023, I sent an email to Plaintiff Phuong Nguyen's email address regarding the City's intention to file a demurrer to
     Plaintiff's Second Amended Complaint. A true and correct copy of that email is attached as Exhibit A. In that email, I asked if Plaintiff
     was available to discuss by telephone the issues in her Second Amended Complaint. I also tried to call Plaintiff Nguyen in early May
     2023, the call was unanswered and Plaintiff's voicemail box was full. In my email, I proposed a date to meet and confer with Plaintiff
     before the responsive pleading deadline, but have not heard from Plaintiff so the parties have not been able to speak by telephone nor
     reach an agreement about those issues. Because the City Defendants have not met the requirements under Code of Civil Procedure
     section 430.41 to meet and confer with Plaintiff despite City Defendants' counsel's efforts, the City Defendants submit this Declaration
     for an automatic 30-day extension from June 2, 2023 to file their responsive pleading, so that the parties may attempt to confer about
+    the Second Amended Complaint. The new deadline for the City Defendants' responsive pleading is July 3, 2023.


          I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.

          Date:                      June 2, 2023

                                     Natassia Kwan
                             (NAME OF PARTY OR ATTORNEY FOR PARTY)                          (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
                                                                                                                                               Page 1 of 1

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

                                                                        Print this Form
EXHIBIT A
From:          Kwan, Natassia (CAT)
To:            "Faith Nguyen"
Cc:            Trejo, Monica (CAT)
Subject:       Nguyen lawsuit- meet & confer re: demurrer to Second Amended Complaint
Date:          Friday, May 19, 2023 3:59:32 PM



Dear Faith,

Hope you are well. Do you have time Wednesday, May 24 in the morning to meet and confer
regarding the Defendants’ demurrer to the Second Amended Complaint? Regarding the 14th
cause of action. Please let me know your availability and best number to reach you.

Many thanks,
Natassia

Natassia Kwan (she/her)
Deputy City Attorney
Office of City Attorney David Chiu
(415) 554-4272 Direct
www.sfcityattorney.org
 1                                                PROOF OF SERVICE

 2          I, KATHLEEN K. HILL, declare as follows:
 3           I am a citizen of the United States, over the age of eighteen years and not a party to the above-
     entitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building,
 4   1390 Market Street, Sixth Floor, San Francisco, CA 94102.
 5          On June 2, 2023, I served the following document(s):
 6             DECLARATION OF DEMURRING OR MOVING PARTY IN SUPPORT OF
                                         AUTOMATIC EXTENSION
 7
     on the following persons at the locations specified:
 8    Phuong T. Nguyen                                    Scott A. Freedman
      P.O. Box 585                                        Laura F. Strazzo
 9    Brisbane, CA 94005                                  Zacks & Freedman, PC
                                                          601 Montgomery Street, Suite 400
10    Telephone: (650) 228-6880                           San Francisco, CA 94111
      Email:          drfaith37@gmail.com                 Telephone: (415) 956-8100
11                                                        Facsimile: (415) 288-9755
      Plaintiff in Pro Per                                Email: scott@zfplaw.com
12    (by U.S. Mail and Email)
                                                          James B. Kraus
13                                                        816 Alvarado Street
                                                          San Francisco, CA 94114
14                                                        Telephone: (415) 606-8535
                                                          Email: jbkrausesq@aol.com
15
                                                                Attorneys for Defendant Ryan James Patterson
16                                                              (by Email Only)
17   in the manner indicated below:
18          BY UNITED STATES MAIL: Following ordinary business practices, I caused to be sealed true and
            correct copies of the above documents in addressed envelope(s) and had them placed at my workplace for
19          collection and mailing with the United States Postal Service. I am readily familiar with the practices of the San
            Francisco City Attorney's Office for collecting and processing mail. In the ordinary course of business, the sealed
20          envelope(s) that were placed for collection would be deposited, postage prepaid, with the United States Postal
            Service that same day.
21
            BY ELECTRONIC MAIL: I caused a copy of such document to be transmitted via electronic mail in
22          portable document format (“PDF”) Adobe Acrobat from the electronic address: kathleen.hill@sfcityatty.org.

23          BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic
            service, I caused the documents to be served electronically through File & ServeXpress in portable document
24          format ("PDF") Adobe Acrobat.

25          I declare under penalty of perjury pursuant to the laws of the State of California that the
     foregoing is true and correct. Executed on June 2, 2023.
26

27                                                                KATHLEEN K. HILL
28
                                                                  4
        Declaration of Demurring Party re Extension - Case No. CGC-21-591803                      n:\lit\li2023\210916\01681338.docx