Preview
SCHUMANN ROSENBERG & AREVALO LLP SUPERIonicgulfiTE
D
OF CALIFORNIA
ERIC AREVALO (CSB No. 255725) COUNTY OF SAN BBBNARDINO
Arevalo@SchumannRosenberg.com SAN BERNARDINO DISTRICT
’
MARLYS K. BRAUN (CSB No.
@MQQUIhb-DNH
Braun@SchumannRosenberg.com
3100 Bristol Street, Suite 100
Costa Mesa, CA 92626
Telephone (7 1 4) 850-02 1 0
‘ .
158343)
BY 0K
KALISKA
a 4w
M
..
M
MAR 2 s 2023
:
«ab
NTICUE, DEPUTY
Facmmlle (714) 850-0551
Attorneys for Defendants, PRISCILLA HUNT and BESSEMER TRUST COMPANY, N.A., as
Co—Trustees 0f the Donald G. Hunt Living Trust, and HUNT ENTERPRISES, INC.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
YOLANDA IUAREZ ALVAREZ, an Case No.2 CIVDSl91 6334
LLP individual, Judge: Hon. Thomas S. Garza
Department: S-27
Plaintiff,
MOTION 0F DEFENDANTS, PRISCILLA
AREVALO
v. HUNT AND BESSEMER TRUST —-‘n
I'M
100
92626—7333
COMPANY, N.A., AS CO-TRUSTEES OF
SUITE
HUNT PRISCILLA LIVING TRUST; CITY THE DONALD G. LIVING TRUST, AND —--
HY
& LAW
850-0210
OF FONTANA, and DOES 1 through 100, HUNT ENTERPRISES INC, FOR LEAVE
AT
inclusive, TO FILE CROSS-COMPLAINT;
STREET,
CALIFORNIA
(714)
MEMORANDUM OF POINTS AND
NNNNy—tu—At—tr—tr—IHHHh—Ar—n
Defendants, AUTHORITIES; SUPPORTING
ROSENBERG
ATTORNEYS
TELEPHONE:
MNHO©WQQUI£MNHO
DECLARATION
BRISTOL
MESA, -and—
[Filed with (Proposed) Order]
3100
COSTA
JUAN HERNANDEZ, an individual,
DATE: July 13, 2023
Nominal Defendant. TIME: 8:30 a.m.
SCHUMANN
DEPT.: S-27
TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD HEREIN:
PLEASE TAKE NOTICE that 0n July 13, 2023 or as soon thereafter as may be heard in
. Department S-27 of the above-entitled court, located at 247 w 3RD Street, San Bemardino,
Californian, Defendants, PRISCILLA HUNT and BESSEMER TRUST COMPANY, N.A., as
24
CO-TRUSTEES OF THE DONALD G. HUNT LIVING TRUST, and HUNT ENTERPRISES,
25
INC. (collectively, “Hunt Defendants”), will and hereby do apply to the court for leave t0 file
26
and serve a Cross-Complaint.
27
///
28
///
-1-
MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
This motion for leave t0 file a Cross-Complaint is made pursuant to Code of Civil
Procedure sections 426.50 and 428.50 and is based on Hunt Defendants' counsel’s mistake or
inadvertence in previously submitting a Cross-Complaint in a manner in which was not accepted
for filing by the Court. Hunt Defendants’ counsel provided the Answer to Plaintiffs Second
WWQQUIhMNH Amended Complaint and Cross-Complaint to its attorney service provider, Nationwide Legal, in
the morning of February 22, 2023. Through mistake 0r inadvertence, the Answer and Cross-
Complaint were not submitted to Nationwide Legal together, but submitted separately to it.
Consequently, the Answer and Cross-Complaint were not filed precisely at the same time 0n that
date, leading the Court to not accept the Cross—Complaint for filing. The Answer was accepted
for filing, but the Cross-Complaint (submitted after the Answer had been filed) was not accepted
LLP
for filing. The motion is based on this Notice, the attached Memorandum of Points and
Authorities, the attached Declaration of Rachel DeSantis, the concurrently-filed proposed Cross-
AREVALO
Complaint, the papers, records, and documents 0n file in this action, as well as such other and
100
92626—7333
SUITE further oral and documentary evidence as may be presented at the time of hearing on the motion.
& LAW
850-0210
AT
STREET,
(714)
CALIFORNIA
Mm
NNNNHr—tr—AHHr—tr—nr—AHr—t
ROSENBERG
ATTORNEYS
WNHOOflQQUIAMNF-‘C
DATED: March 24, 2023 SCHUMWOSJNBERG & AREVALO LLP
TELEPHONE:
BRISTOL
MESA,
3100
COSTA
By:
Er/ic Arevalo, Esq.
Marlys K. Braun, Esq.
SCHUMANN
Attorneys for Defendants and Cross—
Complainants, PRISCILLA HUNT and
BESSEMER TRUST CO., N.A., as Co-
Trustees of the Donald G. Hunt Living Trust,
and HUNT ENTERPRISES
24
25
26
27
28
-2-
MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
Preview
SCHUMANN ROSENBERG & AREVALO LLP SUPERIonicgulfiTE D OF CALIFORNIA ERIC AREVALO (CSB No. 255725) COUNTY OF SAN BBBNARDINO Arevalo@SchumannRosenberg.com SAN BERNARDINO DISTRICT ’ MARLYS K. BRAUN (CSB No. @MQQUIhb-DNH Braun@SchumannRosenberg.com 3100 Bristol Street, Suite 100 Costa Mesa, CA 92626 Telephone (7 1 4) 850-02 1 0 ‘ . 158343) BY 0K KALISKA a 4w M .. M MAR 2 s 2023 : «ab NTICUE, DEPUTY Facmmlle (714) 850-0551 Attorneys for Defendants, PRISCILLA HUNT and BESSEMER TRUST COMPANY, N.A., as Co—Trustees 0f the Donald G. Hunt Living Trust, and HUNT ENTERPRISES, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO YOLANDA IUAREZ ALVAREZ, an Case No.2 CIVDSl91 6334 LLP individual, Judge: Hon. Thomas S. Garza Department: S-27 Plaintiff, MOTION 0F DEFENDANTS, PRISCILLA AREVALO v. HUNT AND BESSEMER TRUST —-‘n I'M 100 92626—7333 COMPANY, N.A., AS CO-TRUSTEES OF SUITE HUNT PRISCILLA LIVING TRUST; CITY THE DONALD G. LIVING TRUST, AND —-- HY & LAW 850-0210 OF FONTANA, and DOES 1 through 100, HUNT ENTERPRISES INC, FOR LEAVE AT inclusive, TO FILE CROSS-COMPLAINT; STREET, CALIFORNIA (714) MEMORANDUM OF POINTS AND NNNNy—tu—At—tr—tr—IHHHh—Ar—n Defendants, AUTHORITIES; SUPPORTING ROSENBERG ATTORNEYS TELEPHONE: MNHO©WQQUI£MNHO DECLARATION BRISTOL MESA, -and— [Filed with (Proposed) Order] 3100 COSTA JUAN HERNANDEZ, an individual, DATE: July 13, 2023 Nominal Defendant. TIME: 8:30 a.m. SCHUMANN DEPT.: S-27 TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE that 0n July 13, 2023 or as soon thereafter as may be heard in . Department S-27 of the above-entitled court, located at 247 w 3RD Street, San Bemardino, Californian, Defendants, PRISCILLA HUNT and BESSEMER TRUST COMPANY, N.A., as 24 CO-TRUSTEES OF THE DONALD G. HUNT LIVING TRUST, and HUNT ENTERPRISES, 25 INC. (collectively, “Hunt Defendants”), will and hereby do apply to the court for leave t0 file 26 and serve a Cross-Complaint. 27 /// 28 /// -1- MOTION FOR LEAVE TO FILE CROSS-COMPLAINT This motion for leave t0 file a Cross-Complaint is made pursuant to Code of Civil Procedure sections 426.50 and 428.50 and is based on Hunt Defendants' counsel’s mistake or inadvertence in previously submitting a Cross-Complaint in a manner in which was not accepted for filing by the Court. Hunt Defendants’ counsel provided the Answer to Plaintiffs Second WWQQUIhMNH Amended Complaint and Cross-Complaint to its attorney service provider, Nationwide Legal, in the morning of February 22, 2023. Through mistake 0r inadvertence, the Answer and Cross- Complaint were not submitted to Nationwide Legal together, but submitted separately to it. Consequently, the Answer and Cross-Complaint were not filed precisely at the same time 0n that date, leading the Court to not accept the Cross—Complaint for filing. The Answer was accepted for filing, but the Cross-Complaint (submitted after the Answer had been filed) was not accepted LLP for filing. The motion is based on this Notice, the attached Memorandum of Points and Authorities, the attached Declaration of Rachel DeSantis, the concurrently-filed proposed Cross- AREVALO Complaint, the papers, records, and documents 0n file in this action, as well as such other and 100 92626—7333 SUITE further oral and documentary evidence as may be presented at the time of hearing on the motion. & LAW 850-0210 AT STREET, (714) CALIFORNIA Mm NNNNHr—tr—AHHr—tr—nr—AHr—t ROSENBERG ATTORNEYS WNHOOflQQUIAMNF-‘C DATED: March 24, 2023 SCHUMWOSJNBERG & AREVALO LLP TELEPHONE: BRISTOL MESA, 3100 COSTA By: Er/ic Arevalo, Esq. Marlys K. Braun, Esq. SCHUMANN Attorneys for Defendants and Cross— Complainants, PRISCILLA HUNT and BESSEMER TRUST CO., N.A., as Co- Trustees of the Donald G. Hunt Living Trust, and HUNT ENTERPRISES 24 25 26 27 28 -2- MOTION FOR LEAVE TO FILE CROSS-COMPLAINT