On April 30, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Whisler, Denise,
and
Bohart, Bonnie,
Bohart, Randy,
Herring, Michele,
Jp Morgan Chase Bank, Na,
Jpmorgan Chase Bank, Na,
Mabudian, Mohsen,
Redfin Corporation,
Wright, Finlay And Zak Llp,
Wright, Finley And Zak, Llp Attorneys At Law,
for Unlimited Civil Complaint - Real Property
in the District Court of San Bernardino County.
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WRIGHT, FINLAY & ZAK, LLP
Michael J. Gilligan, Attorney, SBN
4665 MacArthur Court, Suite 200
115658
ED
gun aFCQURT 0F CALIFORNIA
NARDINO
Newport Beach, CA 92660 S?E‘iggggfigfig‘glsm.CT
Tel: (949) 477-5050; Fax: (949) 608-9142
JU N 2 2 20 21
ndunn@wrightlegal.net .
\DOOQONUI-bbJNp—n
3y 94.95309,
Attorney for DCfendama ANGELNE’ eARcyA, DEPUTY
WRIGHT FINLAY & ZAK
x 4
SUPERIOR COURT 0F CALIFORNIA 4
z
COUNTY 0F SAN BERNARDINO ,
DR. DENISE WHISLER, 1N PRO PER, Case No.: CIVD81913252
Hon. Janet M. Frangle
Plaintiffi
OPPOSITION BY WRIGHT, FINLAY &
vs. ZAK T0 PLAINTIFF’S MOTION T0
VACATE THE COURT ORDERED
WRIGHT, FINLAY AND ZAK, LLP DISMISSAL
{ATTORNEYS AT LAW and DOES 1-10 Date: July 2021
6’
mcluswe, Time: 9 AM
Dept: S29
Defendants.
NNNNNNNNNh—tt—nt—tp—A—pr—awww
WQONMJAWN—‘OCOONONMAUJNHO
TO ALL PARTIES AND T0 THEIR ATTORNEYS 0F RECORD:
Defendant Wright, Finlay & Zak, LLP hereby opposes the pending motion by Plaintiff t0 Vacate
the Court Ordered Dismissal set for hearing on July 6, 2021.
Plaintiff s Notice of Motion t0 Vacate the Court Order Dismissal was faxed served 0n Wright
Finlay & Zak after 5 PM on June 21, 2021. Attached hereto as Exhibit “A” is what was served on Wright
Finlay & Zak.
Code of Civil Procedure § 1005(b), requires service 0fthe moving and supporting papers 16 court
days +2 calendar days before the noticed hearing.
///
///
1
OPPOSITION BY WRIGHT, FINLAY & ZAK TO PLAINTIFF’S MOTION TO VACATE THE COURT ORDERED
DISMISSAL
“Unless otherwise ordered or specifically provided by law, all moving and supporting
'—‘
papers shall be served and filed at least 16 court days before the hearing. The moving and
N'
supporting papers served shall be a copy of the papers filed 0r t0 be filed with the court.
However, if the notice is served by mail, the required 16-day period of notice before the
DJ
hearing shall be increased by five calendar days if the place of mailing and the place of
address are within the State of California, 10 calendar days if either the place 0f mailing
h
0r the place of address is outside the State 0f California but within the United States, and
U1 20 calendar days if either the place of mailing 0r the place 0f address is outside the
United States, and ifthe notice is served by facsimile transmission, express mail, or
O\
another method of delivery providing for overnight delivery, the required 16-day period
of notice before the hearing shall be increased by two calendar days.” (Code Civ. Proc., §
fl
1005 (Deering, Lexis Advance through Chapter 19 ofthe 2021 Regular Session,
0° including all urgency legislation effective June 17, 2021 or earlier).)
\D
Therefore, Dr. Whisler would have had to serve the moving and supporting papers by fax 0n 6r
before June 9, 2021. Therefore, the notice of this hearing is untimely. Wright Finlay & Zak will not
waive the required notice, since the attorney who has been handling all these matters with Dr. Whisler
(Michael J. Gilligan) has a previously scheduled and paid for airline trip to Tampa, Florida Where he will
be from July 3 until July 7. Wright Finlay & Zak has requested that Dr. Whisler either withdraw her
motion or reserve a new date which allows her adequate time t0 properly serve the moving and
supporting papers. This Opposition is being filed today t0 preserve Wright Finlay & Zak’s rights.
WW
NNNNNNNNNHb—‘r—‘Hh—r—HHHu—u
Respectfully Submitted,
OONQUIhWN—‘OCOOVQLAAUJNHO
WRIGHT, FINLAY & ZAK, LLP
'
Dated: June 22, 2021 By:
9-
Michael J. GillYgan, Esq.
Attorney for Defendant Wright Finlay & Zak
2
OPPOSITION BY WRIGHT, FINLAY & ZAK TO PLAINTIFF’S MOTION T0 VACATE THE COURT ORDERED
DISMISSAL
Document Filed Date
June 22, 2021
Case Filing Date
April 30, 2019
Category
Unlimited Civil Complaint - Real Property
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WRIGHT, FINLAY & ZAK, LLP Michael J. Gilligan, Attorney, SBN 4665 MacArthur Court, Suite 200 115658 ED gun aFCQURT 0F CALIFORNIA NARDINO Newport Beach, CA 92660 S?E‘iggggfigfig‘glsm.CT Tel: (949) 477-5050; Fax: (949) 608-9142 JU N 2 2 20 21 ndunn@wrightlegal.net . \DOOQONUI-bbJNp—n 3y 94.95309, Attorney for DCfendama ANGELNE’ eARcyA, DEPUTY WRIGHT FINLAY & ZAK x 4 SUPERIOR COURT 0F CALIFORNIA 4 z COUNTY 0F SAN BERNARDINO , DR. DENISE WHISLER, 1N PRO PER, Case No.: CIVD81913252 Hon. Janet M. Frangle Plaintiffi OPPOSITION BY WRIGHT, FINLAY & vs. ZAK T0 PLAINTIFF’S MOTION T0 VACATE THE COURT ORDERED WRIGHT, FINLAY AND ZAK, LLP DISMISSAL {ATTORNEYS AT LAW and DOES 1-10 Date: July 2021 6’ mcluswe, Time: 9 AM Dept: S29 Defendants. NNNNNNNNNh—tt—nt—tp—A—pr—awww WQONMJAWN—‘OCOONONMAUJNHO TO ALL PARTIES AND T0 THEIR ATTORNEYS 0F RECORD: Defendant Wright, Finlay & Zak, LLP hereby opposes the pending motion by Plaintiff t0 Vacate the Court Ordered Dismissal set for hearing on July 6, 2021. Plaintiff s Notice of Motion t0 Vacate the Court Order Dismissal was faxed served 0n Wright Finlay & Zak after 5 PM on June 21, 2021. Attached hereto as Exhibit “A” is what was served on Wright Finlay & Zak. Code of Civil Procedure § 1005(b), requires service 0fthe moving and supporting papers 16 court days +2 calendar days before the noticed hearing. /// /// 1 OPPOSITION BY WRIGHT, FINLAY & ZAK TO PLAINTIFF’S MOTION TO VACATE THE COURT ORDERED DISMISSAL “Unless otherwise ordered or specifically provided by law, all moving and supporting '—‘ papers shall be served and filed at least 16 court days before the hearing. The moving and N' supporting papers served shall be a copy of the papers filed 0r t0 be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the DJ hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place 0f mailing h 0r the place of address is outside the State 0f California but within the United States, and U1 20 calendar days if either the place of mailing 0r the place 0f address is outside the United States, and ifthe notice is served by facsimile transmission, express mail, or O\ another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days.” (Code Civ. Proc., § fl 1005 (Deering, Lexis Advance through Chapter 19 ofthe 2021 Regular Session, 0° including all urgency legislation effective June 17, 2021 or earlier).) \D Therefore, Dr. Whisler would have had to serve the moving and supporting papers by fax 0n 6r before June 9, 2021. Therefore, the notice of this hearing is untimely. Wright Finlay & Zak will not waive the required notice, since the attorney who has been handling all these matters with Dr. Whisler (Michael J. Gilligan) has a previously scheduled and paid for airline trip to Tampa, Florida Where he will be from July 3 until July 7. Wright Finlay & Zak has requested that Dr. Whisler either withdraw her motion or reserve a new date which allows her adequate time t0 properly serve the moving and supporting papers. This Opposition is being filed today t0 preserve Wright Finlay & Zak’s rights. WW NNNNNNNNNHb—‘r—‘Hh—r—HHHu—u Respectfully Submitted, OONQUIhWN—‘OCOOVQLAAUJNHO WRIGHT, FINLAY & ZAK, LLP ' Dated: June 22, 2021 By: 9- Michael J. GillYgan, Esq. Attorney for Defendant Wright Finlay & Zak 2 OPPOSITION BY WRIGHT, FINLAY & ZAK TO PLAINTIFF’S MOTION T0 VACATE THE COURT ORDERED DISMISSAL