On October 20, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Manhole Adjusting Inc.,
and
Does 1 To 35,
Jazzar Construction Group, Inc.,
State Of California Department Of Transportation,
The People Of The State Of California,
United Fire & Casualty Company,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
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OREINAL
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1w
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINQ 0|$TRICT
Mark A. Feldman (SBN 152476)
Sumner W. Schwartz (SBN 339517)
Feldman & Associates, Inc. FEB O 9 WE
11030 Santa Monica Blvd, Suite 109
fr“
Los Angeles, CA 90025
T: (310) 312—5401
BY:
am? >
WM...
m...”
Brrénm'arfiohnsan, Deputy
F: (310) 312—5409
E: mfeldman®feldmanandassoc.com
sschwartzdbfeldmanandassoc.com
Attorney for Defendant JAZZAR CONSTRUCTION GROUP, INC. and UNITED FIRE &
CASUALTY COMPANY
FAX
SUPERIOR COURT OF THE STATE OF CALIFORNIA
BY
COUNTY OF SAN BERNARDINO
MANHOLE ADJUSTING INC., a CASE NO. CIVSBZ 1 30042
California comoration,
Assigned to: Hon. Michael A. Sachs
Plaintiff, Dept: 828
vs. JAZZAR CONSTRUCTION GROUP,
INC.’S NOTICE OF MOTION AND
JAZZAR CONSTRUCTION GROUP, MOTION FOR LEAVE TO FILE
UNITED
INC., a California comoration;
CROSS-COMPLAINT;
FIRE & CASUALTY COMPANY, an
Iowa corporation; STATE OF
MEMORANDUM OF POINTS AND
CALIFORNIA DEPARTMENT OF AUTHORITIES IN SUPPORT
TRANSPORTATION, a public entity; and THEREOF; DECLARATION 0F
DOES 1 t0 35, inclusive, SUMNER SCHWARTZ
Defendants. Time: 8:30 AM
Date: March 6,2023
Dept: S—28
Complaint Filed: October 20, 2021
Trial Date: not yet assigned
TO THIS COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT at 8:30 AM 0n March 6, 2023, or as soon thereafter as the
matter may be heard in Department S-28 of the above-entitled Court, Defendant JAZZAR
CONSTRUCTION GROUP, INC. (“Jazzar”) Will and hereby does move for an order granting it
leave to file a cross—complaint in the above-entitled action. A copy 0f the cross—complaint Jazzar
seeks to file is attached here to as Exhibit 1.
l
MOTION FOR LEAVE
The motion will be made on the grounds that the proposed cross-complaint arises out of the
same transactions or occun‘enceS as does the complaint in this action, and contains a related cause
of action as defined in California Code of Civil Procedure § 426.50 but was not pleaded earlier out
0f inadvertence. The motion is made 0n the further grounds that allowing such filing is in the
interest ofjustice and will promote the efficient resolution of all claims between the parties.
The motion will be based upon this notice, the attached memorandum in support and
declaration of Sumner Schwartz attached hereto, the files and records in this action and any further
GOOQON
evidence and argument that the Court may receive at 0r before the hearing.
Dated: February 8, 2023 Feldman & Associates, Inc.
10
11
By:
12 Mark A. Feldman, Esq.
Sumner W. Schwartz, Esq.
13 Attomey for Defendants
JAZZAR CONSTRUCTION GROUP, INC.
14 and UNITED FIRE & CASUALTY
COMPANY
15
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17
18
19
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22
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24
25
26
27
28
2
MOTION FOR LEAVE
Document Filed Date
February 09, 2023
Case Filing Date
October 20, 2021
Category
Breach of Contract/Warranty Unlimited
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OREINAL ! 1w SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINQ 0|$TRICT Mark A. Feldman (SBN 152476) Sumner W. Schwartz (SBN 339517) Feldman & Associates, Inc. FEB O 9 WE 11030 Santa Monica Blvd, Suite 109 fr“ Los Angeles, CA 90025 T: (310) 312—5401 BY: am? > WM... m...” Brrénm'arfiohnsan, Deputy F: (310) 312—5409 E: mfeldman®feldmanandassoc.com sschwartzdbfeldmanandassoc.com Attorney for Defendant JAZZAR CONSTRUCTION GROUP, INC. and UNITED FIRE & CASUALTY COMPANY FAX SUPERIOR COURT OF THE STATE OF CALIFORNIA BY COUNTY OF SAN BERNARDINO MANHOLE ADJUSTING INC., a CASE NO. CIVSBZ 1 30042 California comoration, Assigned to: Hon. Michael A. Sachs Plaintiff, Dept: 828 vs. JAZZAR CONSTRUCTION GROUP, INC.’S NOTICE OF MOTION AND JAZZAR CONSTRUCTION GROUP, MOTION FOR LEAVE TO FILE UNITED INC., a California comoration; CROSS-COMPLAINT; FIRE & CASUALTY COMPANY, an Iowa corporation; STATE OF MEMORANDUM OF POINTS AND CALIFORNIA DEPARTMENT OF AUTHORITIES IN SUPPORT TRANSPORTATION, a public entity; and THEREOF; DECLARATION 0F DOES 1 t0 35, inclusive, SUMNER SCHWARTZ Defendants. Time: 8:30 AM Date: March 6,2023 Dept: S—28 Complaint Filed: October 20, 2021 Trial Date: not yet assigned TO THIS COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT at 8:30 AM 0n March 6, 2023, or as soon thereafter as the matter may be heard in Department S-28 of the above-entitled Court, Defendant JAZZAR CONSTRUCTION GROUP, INC. (“Jazzar”) Will and hereby does move for an order granting it leave to file a cross—complaint in the above-entitled action. A copy 0f the cross—complaint Jazzar seeks to file is attached here to as Exhibit 1. l MOTION FOR LEAVE The motion will be made on the grounds that the proposed cross-complaint arises out of the same transactions or occun‘enceS as does the complaint in this action, and contains a related cause of action as defined in California Code of Civil Procedure § 426.50 but was not pleaded earlier out 0f inadvertence. The motion is made 0n the further grounds that allowing such filing is in the interest ofjustice and will promote the efficient resolution of all claims between the parties. The motion will be based upon this notice, the attached memorandum in support and declaration of Sumner Schwartz attached hereto, the files and records in this action and any further GOOQON evidence and argument that the Court may receive at 0r before the hearing. Dated: February 8, 2023 Feldman & Associates, Inc. 10 11 By: 12 Mark A. Feldman, Esq. Sumner W. Schwartz, Esq. 13 Attomey for Defendants JAZZAR CONSTRUCTION GROUP, INC. 14 and UNITED FIRE & CASUALTY COMPANY 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 MOTION FOR LEAVE