On October 09, 2019 a
Motion-Secondary
was filed
involving a dispute between
Rancho Del Chino, Llc,
and
A&B Chino Hotels, Llc,
A&B Hotel Management Investment, Inc.,
Does 2 To 20,
Js Hotel Development, Inc.,
Maa Byu Hospitality, Llc,
Maa Byu Hospitality Llc,
Maru, Bharat "Brett",
Rancho Del Chino North, Llc,
for Other Civil Contracts
in the District Court of San Bernardino County.
Preview
Feb/13/2023 11:03:08 AM aw Offices of Mark B. Plummer 714—970-3h 4/5
~
CIV-141
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR N0! FOR COURT USE ONLY
NAME; Mark. B, Plummer 12 00 98
nmmwz; Law Offices of Mark B. Plummer, PC-
fl F} L E D
NW OF SAN N
STREEr Anon“; l B 5 5 2 Or'i ent e Dr i ve b‘ngEUR‘OR COURT CALIFORNIA
w
cm': Yorba Linda ems; CA 2m cons: 9 2 8 8 6 BERNARDINO
TELEPHONEN0._ (714) 970—3131 FAXND; (714) 970*3130
e—MAIL Aoonsaa‘: lombp laW'@ gmai l com
. .
FEB 1 4 2023
AITORNEY FOR AaB HOTEL MANAGMENT and MAA BYU HOS P
(Name).- .
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F San Bernardino
sTREET ADDRESS: 2 4 7 W 3 rd S t reet
MAILING Aooaaas;
;~—._.-Wg
8V: a miamson, Deputy
mntmuzn: San Bernardino CA 924 15~02 4 O
cons: ,
BRANCH NAME: Just ice Center
PLAINTIFFIPETITIONER: RANCHO DEL CHINO LLC ,
DEFENDANTIREPSONDENT: A&B HOTEL MANAGEMENT INVESTMENT , INC . I
MAA BYU HOS PITALITY LLC
“‘“UMBER‘ '
DECLARATION 0F DEMURRING OR MOVING PARTY
IN SUPPORT 0F AUTOMATIC EXTENSION
CIVDSI 92 9675 135‘)
7"“
1..(Name afpany): MAA BYU Hospital ity LLC (Doe 1) was served with
D a complaint m
D
an amended complaint D a crossmomplalnt
a
in
an answer
the above-titled acflon.
other(speclfy):
2. For a demurrer or motion to strike, a responsive pleading is due on (date): 0‘2 / 1 4 /2 0 2 3
DECLARATION
I Intend to flle a demurrer, motion to strike,‘ or motion forjudgment on the-plea‘dings in this action. Before I can do so, I am required to
meet and confer wiih the party who flied the‘pleadlng that am responding to at least five days before the date when the responsive
I
pleading Ia due (if am filing a demurrer or motion to strike) and at least flve days before the last day'a motion'forjudgment on the
I
pleadings may be filed (if am filing a motlon‘ for judgment on the pleadings). We have not been able to meet and confer. have not
l
I
prevloualy requested'an auxomatic extension of lime. Therefore. on tlmely flung and servlng a declaration that meets the requirements
am an automatic 30-day extension of iime within which to file a
of Coda of Civil Procedure sections 430.41, 435.5. or 439. l entitled to
responsive pleadlng or motion for Judgment on the pleadings.
l made faith attempt to meet and conferwlth the party who filed the pleading at leastfive days before the date the
a good responsive
pleadihg was due (If am filing a demurrer or motion to strike) and at least flva days before the last day a motion for judgment on the
|
pIaadlnls may be filed (ifl am filing a motion for Judgment on the pleadings). was unable to meet with that pany
because I
{the masons why the parties could not meat and confer are stated):
m below D on form M04231, Attached Declaration
Plainti ff did not respond to my Meet & Confer letter dated 2-7 -2023 and
I was frequently out of the office due to surgery .
l declare under penalty of perjury uhder the laws of the State of California that the information above
Date:
Mark
February 13, 2023
B. 2]]Jmmer a
,.
,
,.
--'--'<:‘.’.i,»
4W
fi’-m- is true and correct.
,,,,,
{NAME OF PARTY OR ATTORNEY FOR PARTY] (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
P“. ‘ “H
Form Araravod forOmlonal er DECLARAT‘ON OF DEMURRING OR MOVING PARTY Cog: :gglxgligrsoggaaraaa
{E:Cffiflu‘ifwfiz'sm
cw Emma IN SUPPORT 0F AUTOMATIC EXTENSION m,mn..c..gov
mull 5mg
$131331
l
A&B HOtEl
AM Plummer 714-970-31~ 5/5
Feb/13/2Q23 11:03:08
\z aw Offices of Mark B‘
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am cmplqyed ip the County of Orange, State of California. I am ‘over the age of 18 and not
a party to the w1thm entltled action; my business address is:
\zvmmwaI—I
LAW OFFICES 0F MARK B. PLUMMER, PC
18552 Oriente Drivc
Yorba Linda, California 92886
On February 13, 2023, I served the foregoing document(s) described as follows:
DECLARATION 0F DEMURRING OR MOVING PARTY IN SUPPORT 0F AUTOMATIC
m
EXTENSION
On all interested parties as follows:
Jason P. Saccuzzo, Esq.
.10} VIVOLI SACCUZZO LLP
3104 Fourth Avenue
ll San Diego, CA 92103
Fax: 619-744-9994
12
isaccuzzogagvivolilawsom (ecopy susan brown: sbrown(a2vivolilaw.com)
13,
(BY MAIL) By mailing the above identified document via Express, Overnight
14 prepaid at the United States Post Office at Yorba Linda, California.
Mail, fully
15
(BY MAIL) 1am “readily firm’s practice of collection and
familiar” with the
16 processing correspondence for mailing. Under that practice it would b'e deposited
with the U.S. postal service on that same day with postage thereon fully prepaid at.
1'7
Yorba Linda, California in the ordinary course of business. I am aware that on
18 motion of the party served, service is presumed invalid if'postal cancellation date or
postage meter date is more than on‘c day aficrdate of deposit for mailing 'inaffidavit.
19
(BY FACSIMILE) By 'telecopying-a true copy thereofto the party at the above
20
facsimile number.
~21
X (BY E-SERVICE) By electronically serving the above identified document(s) or
22 pleading(s), pursuant to Rule of Court 2.251, by directing One Legal to immediately
electronically serve the parties identified above at the email addresses identified
23
above, which they have on file with the Court.
24
X (STATE) IDeclare under penalty of perjury under the laws of the State, of
2'5
California that the foregoing is true and correct.
26
Exetuted on February 13, 2023, at Yorba Linda, California
27
(q
'\
28 c.s. Duffy \wX
Document Filed Date
February 14, 2023
Case Filing Date
October 09, 2019
Category
Other Civil Contracts
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Feb/13/2023 11:03:08 AM aw Offices of Mark B. Plummer 714—970-3h 4/5 ~ CIV-141 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR N0! FOR COURT USE ONLY NAME; Mark. B, Plummer 12 00 98 nmmwz; Law Offices of Mark B. Plummer, PC- fl F} L E D NW OF SAN N STREEr Anon“; l B 5 5 2 Or'i ent e Dr i ve b‘ngEUR‘OR COURT CALIFORNIA w cm': Yorba Linda ems; CA 2m cons: 9 2 8 8 6 BERNARDINO TELEPHONEN0._ (714) 970—3131 FAXND; (714) 970*3130 e—MAIL Aoonsaa‘: lombp laW'@ gmai l com . . FEB 1 4 2023 AITORNEY FOR AaB HOTEL MANAGMENT and MAA BYU HOS P (Name).- . SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F San Bernardino sTREET ADDRESS: 2 4 7 W 3 rd S t reet MAILING Aooaaas; ;~—._.-Wg 8V: a miamson, Deputy mntmuzn: San Bernardino CA 924 15~02 4 O cons: , BRANCH NAME: Just ice Center PLAINTIFFIPETITIONER: RANCHO DEL CHINO LLC , DEFENDANTIREPSONDENT: A&B HOTEL MANAGEMENT INVESTMENT , INC . I MAA BYU HOS PITALITY LLC “‘“UMBER‘ ' DECLARATION 0F DEMURRING OR MOVING PARTY IN SUPPORT 0F AUTOMATIC EXTENSION CIVDSI 92 9675 135‘) 7"“ 1..(Name afpany): MAA BYU Hospital ity LLC (Doe 1) was served with D a complaint m D an amended complaint D a crossmomplalnt a in an answer the above-titled acflon. other(speclfy): 2. For a demurrer or motion to strike, a responsive pleading is due on (date): 0‘2 / 1 4 /2 0 2 3 DECLARATION I Intend to flle a demurrer, motion to strike,‘ or motion forjudgment on the-plea‘dings in this action. Before I can do so, I am required to meet and confer wiih the party who flied the‘pleadlng that am responding to at least five days before the date when the responsive I pleading Ia due (if am filing a demurrer or motion to strike) and at least flve days before the last day'a motion'forjudgment on the I pleadings may be filed (if am filing a motlon‘ for judgment on the pleadings). We have not been able to meet and confer. have not l I prevloualy requested'an auxomatic extension of lime. Therefore. on tlmely flung and servlng a declaration that meets the requirements am an automatic 30-day extension of iime within which to file a of Coda of Civil Procedure sections 430.41, 435.5. or 439. l entitled to responsive pleadlng or motion for Judgment on the pleadings. l made faith attempt to meet and conferwlth the party who filed the pleading at leastfive days before the date the a good responsive pleadihg was due (If am filing a demurrer or motion to strike) and at least flva days before the last day a motion for judgment on the | pIaadlnls may be filed (ifl am filing a motion for Judgment on the pleadings). was unable to meet with that pany because I {the masons why the parties could not meat and confer are stated): m below D on form M04231, Attached Declaration Plainti ff did not respond to my Meet & Confer letter dated 2-7 -2023 and I was frequently out of the office due to surgery . l declare under penalty of perjury uhder the laws of the State of California that the information above Date: Mark February 13, 2023 B. 2]]Jmmer a ,. , ,. --'--'<:‘.’.i,» 4W fi’-m- is true and correct. ,,,,, {NAME OF PARTY OR ATTORNEY FOR PARTY] (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) P“. ‘ “H Form Araravod forOmlonal er DECLARAT‘ON OF DEMURRING OR MOVING PARTY Cog: :gglxgligrsoggaaraaa {E:Cffiflu‘ifwfiz'sm cw Emma IN SUPPORT 0F AUTOMATIC EXTENSION m,mn..c..gov mull 5mg $131331 l A&B HOtEl AM Plummer 714-970-31~ 5/5 Feb/13/2Q23 11:03:08 \z aw Offices of Mark B‘ PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am cmplqyed ip the County of Orange, State of California. I am ‘over the age of 18 and not a party to the w1thm entltled action; my business address is: \zvmmwaI—I LAW OFFICES 0F MARK B. PLUMMER, PC 18552 Oriente Drivc Yorba Linda, California 92886 On February 13, 2023, I served the foregoing document(s) described as follows: DECLARATION 0F DEMURRING OR MOVING PARTY IN SUPPORT 0F AUTOMATIC m EXTENSION On all interested parties as follows: Jason P. Saccuzzo, Esq. .10} VIVOLI SACCUZZO LLP 3104 Fourth Avenue ll San Diego, CA 92103 Fax: 619-744-9994 12 isaccuzzogagvivolilawsom (ecopy susan brown: sbrown(a2vivolilaw.com) 13, (BY MAIL) By mailing the above identified document via Express, Overnight 14 prepaid at the United States Post Office at Yorba Linda, California. Mail, fully 15 (BY MAIL) 1am “readily firm’s practice of collection and familiar” with the 16 processing correspondence for mailing. Under that practice it would b'e deposited with the U.S. postal service on that same day with postage thereon fully prepaid at. 1'7 Yorba Linda, California in the ordinary course of business. I am aware that on 18 motion of the party served, service is presumed invalid if'postal cancellation date or postage meter date is more than on‘c day aficrdate of deposit for mailing 'inaffidavit. 19 (BY FACSIMILE) By 'telecopying-a true copy thereofto the party at the above 20 facsimile number. ~21 X (BY E-SERVICE) By electronically serving the above identified document(s) or 22 pleading(s), pursuant to Rule of Court 2.251, by directing One Legal to immediately electronically serve the parties identified above at the email addresses identified 23 above, which they have on file with the Court. 24 X (STATE) IDeclare under penalty of perjury under the laws of the State, of 2'5 California that the foregoing is true and correct. 26 Exetuted on February 13, 2023, at Yorba Linda, California 27 (q '\ 28 c.s. Duffy \wX