Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Douglas Han (SBN 232858)/ Shunt Tatavos-Gharajeh (SBN 272164)
E-FILED
JUSTICE LAW CORPORATION
411 North Central Avenue, Suite 500, Glendale, CA 91203 1/10/2018 3:27 PM
TELEPHONE NO.: (818) 230 - 7502 FAX NO. (Optional): (818) 230 - 7259 FRESNO COUNTY SUPERIOR COURT
E-MAIL ADDRESS (Optional): dhan@justicelawcorp.com/ statavos@justicelawcorp.com By: L. Whipple, Deputy
ATTORNEY FOR (Name): Plaintiff Paul Zavala
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
STREET ADDRESS:
1130 O Street
MAILING ADDRESS: 1130 O Street
CITY AND ZIP CODE: Fresno, California
BRANCH NAME: B.F. Sisk Courthouse
PLAINTIFF/PETITIONER: Paul Zavala
DEFENDANT/RESPONDENT: Donaghy Sales, L.L.C
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): ✔ UNLIMITED CASE LIMITED CASE 16CECG02969
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 24, 2018 Time: 3:30 p.m. Dept.: 503 Div.: Room:
Address of court (if different from the address above):
✔ Notice of Intent to Appear by Telephone, by (name): Shunt Tatavos-Gharajeh
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. ✔ This statement is submitted by party (name):
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): September 12, 2016
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. ✔ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in ✔ complaint cross-complaint (Describe, including causes of action):
This is a putative class action case alleging violations of California Labor Code Sections 201, 202, 229 and
California Business and Professions Code 17200, et seq.
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CASE NUMBER;
PLAINTIFF/PETITIONER: Zavala 16CECG02969
DEFENDANT/RESPONDENT: Donaghy Sales, LLC
Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the Injury and
damages claimed, Including medical expenses to date pndicate source and amount], estimated future medical expenses, lost
eSl'^nd unpaid
Wages); Sections 201 and 202 (Final Wages NotTimely Paid), and California Business & Professions Code
17200, etseq.
I I (If more space Is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request I I a jury trial I I a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. I I The trialhas been set for(date):
b. I ^ I No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
This case involves complex discovery and extensive case management.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. I ^ I days (specify number):
b. I I hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial I ✓ I by the attomey or party listed in the caption I I by the following:
a. Attomey:
b. Firm:
c. Address:
d. Te l e p h o n e number: f. Fax number;
e. E-mail address: g. Party represented:
I IAdditional representation is described in Attachment 8.
9. Preference
I I This case is entitledto preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities: read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel SD has I I has not provided the ADR information package identified
in rule3.221 to the clientand reviewed ADR optionswith the client.
(2) For self-represented parties: Party I I has I I has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicialarbitration or civilaction mediation (ifavailable).
(1) I I This matter is suWect to mandatory Judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of CivilProcedure section 1775.3 because the amount in controversydoes not exceed the
statutorylimit.
(2) I I Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
CivilProcedure section 1141.11.
(3) I ✓ I This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Gal. R. Ct. 3.811(b)(2)
CM-110[Rev. July 1,2011] Page 2 of 5
CASE MANAGEMENT S TAT E M E N T
C M - 11 0
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this fomri in the case have agreed to
thisform are willingto participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR
processes (check all that apply): stipulation):
1 1 Mediation session not yet scheduled
1 1 Mediation session scheduled for (date):
\ v \
(1) Mediation
1 1 Agreed to complete mediation by (date):
1 1 Mediation completed on (date):
1 1 Settlement conference not yet scheduled
1 1 Settlement conference scheduled for (date):
(2) Settlement 1 1
conference
1 1 Agreed to complete settlement conference by (date):
1 1 Settlement conference completed on (date):
1 1 Neutral evaluation not yet scheduled
1 1 Neutral evaluation scheduled for (date):
1 1
(3) Neutral evaluation
1 1 Agreed to complete neutral evaluation by (date):
1 1 Neutral evaluation completed on (date):
1 1 Judicial arbitration not yet scheduled
1 1 Judicial arbitration scheduled for {date):
(4) Nonbinding judicial 1 1
arbitration
1 1 Agreed to complete judicial arbitration by (date):
1 1 Judicial arbitration completed on {date):
1 1 Private arbitration not yet scheduled
1 1 Private arbitration scheduled for {date):
(5) Binding private 1 1
arbitration
1 1 Agreed to complete private arbitration by (date):
1 1 Private arbitration completed on (date):
1 1 ADR session not yet scheduled
1 1 ADR session scheduled for (date):
(6) Other {specify): 1 1
1 1 Agreed to complete ADR session by (date):
1 1 ADR completed on (date):
CM-110 [Rev. July 1,20111 Page 3 of 6
CASE MANAGEMENT S TAT E M E N T
11 .Insurance
a. I IInsurance carrier,ifany, for party filingthisstatement (name):
b. Reservation of rights: I I Yes I 1 No
c. I I Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
I I Bankruptcy I I OVner (specify):
Status:
13. Related cases, consolidation, and coordination
a There are companion, underlying, or related cases.
(1) Name of case; Zepeda v. Donaghy Sales
(2) Name of court; Superior Court of California, Fresno County
(3) Case number 7CECG01531
(4) Status: Active
I I Additional cases are described in Attachment 13a.
b. I I A motion to I I consolidate I I coordinate will be filed by (name party):
14. Bifurcation
I I The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
I ✓ I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
After sufficient discovery, Plaintiff intends to file a Motion for Class Certification: and Motion for Summary
Judgment.
16. Discovery
a. I I The party or parties have completed all discovery.
b. I I The following discovery will be completed by the date specified (describe all anticipated discovery):
Partv Description Date
Plaintiff Written Discovery Per CCP
Plaintiff Depositions Per CCP
c. I I The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110[Rev. July 1,2011] Page 4 of 5
CASE MANAGEMENT S TAT E M E N T
C M - 11 0
CASENUMBER:
PLAINTIFF/PETITIONER: Zavala
16CECG02969
Donaahv Sales, L.L.C
D E F E N D A N T / R E S P O N D E N T:'
17. Economic litigation
a. I I This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of CivilProcedure sections90-98 w/ill
apply to thiscase.
b. I I This is a limited civil case and a motion to v/ithdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically w/jy economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
I ✓ I The party or parties request that the following additional matters be considered or determined at the case management
'pi'ainM^couns^ take the Deposition of Defendant's Person Most Qualified on January 12, 2018. Based on
the testimony of Defendant's PMQ, Plaintiff may have to move to compel further testimony and/or answers. In
light of the foregoing, Plaintiff requests the Court continue the CMC 120 days, at which point Plaintiff will be
prepared to discuss class certification and trial related dates.
19. Meet and confer
a. I ✓ I The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomia Rules
of Court (ifnot,explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: January 10, 2018
Shunt Tatavos-Gharajeh
(TYPE OR PRINT NAME)
â–¶
(TYPE OR PRINT NAME) ( S I G N AT U R E
OF PA RT Y OR AT TO R N E Y )
I I Additional signatures are attached.
CM-110(Rev. July 1,2011] Page S of S
CASE MANAGEMENT S TAT E M E N T
PROOF OF SERVICE
1
1013A(3) CCP
2
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3
I am employed in the County of Los Angeles, State of California. I am over the age of 18
4 and not a party to the within action. My business address is: 411 North Central Avenue, Suite
500, Glendaie, California 91203.
5
6 On January 10, 2018,1 served the foregoing document described as
7 PLAINTIFF'S CASE MANAGEMENT S TAT E M E N T REGARDING J A N U A RY 24,
2018 CASE MANAGEMENT CONFERENCE
8
on interested parties in this action by placing a true and correct copy thereof enclosed in a sealed
9
envelope addressed as follows:
10
Russell K. Ryan
11 Motschiedler, Michaelides,
Wishon, Brewer & Ryan, LLP
12 1690 West Shaw Ave., Suite 200
Fresno, CA 93711
13
14 Attorneys for Defendant Donaghy Sales, LLC
15 [X] BY U.S. MAIL
As follows: I am "readily familiar" with the firm's practice of collection and processing
16
correspondence for mailing. Under that practice, it would be deposited with the U.S.
Postal Service on that day with postage thereon fully prepaid at Glendale, California in
17
the ordinary course of business. I am aware that on motion of the party served, service is
18 presumed invalid if the postal cancellation date or postage meter date is more than one
day after the date of deposit for mailing an affidavit.
19
[X) S TAT E
20 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
21
22 Executed on January 10, 2018, at Glendale, California.
23
24
25
26
27
28
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Douglas Han (SBN 232858)/ Shunt Tatavos-Gharajeh (SBN 272164) E-FILED JUSTICE LAW CORPORATION 411 North Central Avenue, Suite 500, Glendale, CA 91203 1/10/2018 3:27 PM TELEPHONE NO.: (818) 230 - 7502 FAX NO. (Optional): (818) 230 - 7259 FRESNO COUNTY SUPERIOR COURT E-MAIL ADDRESS (Optional): dhan@justicelawcorp.com/ statavos@justicelawcorp.com By: L. Whipple, Deputy ATTORNEY FOR (Name): Plaintiff Paul Zavala SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO STREET ADDRESS: 1130 O Street MAILING ADDRESS: 1130 O Street CITY AND ZIP CODE: Fresno, California BRANCH NAME: B.F. Sisk Courthouse PLAINTIFF/PETITIONER: Paul Zavala DEFENDANT/RESPONDENT: Donaghy Sales, L.L.C CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ✔ UNLIMITED CASE LIMITED CASE 16CECG02969 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 24, 2018 Time: 3:30 p.m. Dept.: 503 Div.: Room: Address of court (if different from the address above): ✔ Notice of Intent to Appear by Telephone, by (name): Shunt Tatavos-Gharajeh INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ✔ This statement is submitted by party (name): b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): September 12, 2016 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. ✔ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in ✔ complaint cross-complaint (Describe, including causes of action): This is a putative class action case alleging violations of California Labor Code Sections 201, 202, 229 and California Business and Professions Code 17200, et seq. Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CASE NUMBER; PLAINTIFF/PETITIONER: Zavala 16CECG02969 DEFENDANT/RESPONDENT: Donaghy Sales, LLC Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the Injury and damages claimed, Including medical expenses to date pndicate source and amount], estimated future medical expenses, lost eSl'^nd unpaid Wages); Sections 201 and 202 (Final Wages NotTimely Paid), and California Business & Professions Code 17200, etseq. I I (If more space Is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request I I a jury trial I I a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. I I The trialhas been set for(date): b. I ^ I No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): This case involves complex discovery and extensive case management. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. I ^ I days (specify number): b. I I hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial I ✓ I by the attomey or party listed in the caption I I by the following: a. Attomey: b. Firm: c. Address: d. Te l e p h o n e number: f. Fax number; e. E-mail address: g. Party represented: I IAdditional representation is described in Attachment 8. 9. Preference I I This case is entitledto preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities: read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel SD has I I has not provided the ADR information package identified in rule3.221 to the clientand reviewed ADR optionswith the client. (2) For self-represented parties: Party I I has I I has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicialarbitration or civilaction mediation (ifavailable). (1) I I This matter is suWect to mandatory Judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of CivilProcedure section 1775.3 because the amount in controversydoes not exceed the statutorylimit. (2) I I Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of CivilProcedure section 1141.11. (3) I ✓ I This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Gal. R. Ct. 3.811(b)(2) CM-110[Rev. July 1,2011] Page 2 of 5 CASE MANAGEMENT S TAT E M E N T C M - 11 0 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this fomri in the case have agreed to thisform are willingto participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check all that apply): stipulation): 1 1 Mediation session not yet scheduled 1 1 Mediation session scheduled for (date): \ v \ (1) Mediation 1 1 Agreed to complete mediation by (date): 1 1 Mediation completed on (date): 1 1 Settlement conference not yet scheduled 1 1 Settlement conference scheduled for (date): (2) Settlement 1 1 conference 1 1 Agreed to complete settlement conference by (date): 1 1 Settlement conference completed on (date): 1 1 Neutral evaluation not yet scheduled 1 1 Neutral evaluation scheduled for (date): 1 1 (3) Neutral evaluation 1 1 Agreed to complete neutral evaluation by (date): 1 1 Neutral evaluation completed on (date): 1 1 Judicial arbitration not yet scheduled 1 1 Judicial arbitration scheduled for {date): (4) Nonbinding judicial 1 1 arbitration 1 1 Agreed to complete judicial arbitration by (date): 1 1 Judicial arbitration completed on {date): 1 1 Private arbitration not yet scheduled 1 1 Private arbitration scheduled for {date): (5) Binding private 1 1 arbitration 1 1 Agreed to complete private arbitration by (date): 1 1 Private arbitration completed on (date): 1 1 ADR session not yet scheduled 1 1 ADR session scheduled for (date): (6) Other {specify): 1 1 1 1 Agreed to complete ADR session by (date): 1 1 ADR completed on (date): CM-110 [Rev. July 1,20111 Page 3 of 6 CASE MANAGEMENT S TAT E M E N T 11 .Insurance a. I IInsurance carrier,ifany, for party filingthisstatement (name): b. Reservation of rights: I I Yes I 1 No c. I I Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. I I Bankruptcy I I OVner (specify): Status: 13. Related cases, consolidation, and coordination a There are companion, underlying, or related cases. (1) Name of case; Zepeda v. Donaghy Sales (2) Name of court; Superior Court of California, Fresno County (3) Case number 7CECG01531 (4) Status: Active I I Additional cases are described in Attachment 13a. b. I I A motion to I I consolidate I I coordinate will be filed by (name party): 14. Bifurcation I I The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions I ✓ I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): After sufficient discovery, Plaintiff intends to file a Motion for Class Certification: and Motion for Summary Judgment. 16. Discovery a. I I The party or parties have completed all discovery. b. I I The following discovery will be completed by the date specified (describe all anticipated discovery): Partv Description Date Plaintiff Written Discovery Per CCP Plaintiff Depositions Per CCP c. I I The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110[Rev. July 1,2011] Page 4 of 5 CASE MANAGEMENT S TAT E M E N T C M - 11 0 CASENUMBER: PLAINTIFF/PETITIONER: Zavala 16CECG02969 Donaahv Sales, L.L.C D E F E N D A N T / R E S P O N D E N T:' 17. Economic litigation a. I I This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of CivilProcedure sections90-98 w/ill apply to thiscase. b. I I This is a limited civil case and a motion to v/ithdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically w/jy economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues I ✓ I The party or parties request that the following additional matters be considered or determined at the case management 'pi'ainM^couns^ take the Deposition of Defendant's Person Most Qualified on January 12, 2018. Based on the testimony of Defendant's PMQ, Plaintiff may have to move to compel further testimony and/or answers. In light of the foregoing, Plaintiff requests the Court continue the CMC 120 days, at which point Plaintiff will be prepared to discuss class certification and trial related dates. 19. Meet and confer a. I ✓ I The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Califomia Rules of Court (ifnot,explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: January 10, 2018 Shunt Tatavos-Gharajeh (TYPE OR PRINT NAME) ▶ (TYPE OR PRINT NAME) ( S I G N AT U R E OF PA RT Y OR AT TO R N E Y ) I I Additional signatures are attached. CM-110(Rev. July 1,2011] Page S of S CASE MANAGEMENT S TAT E M E N T PROOF OF SERVICE 1 1013A(3) CCP 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 4 and not a party to the within action. My business address is: 411 North Central Avenue, Suite 500, Glendaie, California 91203. 5 6 On January 10, 2018,1 served the foregoing document described as 7 PLAINTIFF'S CASE MANAGEMENT S TAT E M E N T REGARDING J A N U A RY 24, 2018 CASE MANAGEMENT CONFERENCE 8 on interested parties in this action by placing a true and correct copy thereof enclosed in a sealed 9 envelope addressed as follows: 10 Russell K. Ryan 11 Motschiedler, Michaelides, Wishon, Brewer & Ryan, LLP 12 1690 West Shaw Ave., Suite 200 Fresno, CA 93711 13 14 Attorneys for Defendant Donaghy Sales, LLC 15 [X] BY U.S. MAIL As follows: I am "readily familiar" with the firm's practice of collection and processing 16 correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that day with postage thereon fully prepaid at Glendale, California in 17 the ordinary course of business. I am aware that on motion of the party served, service is 18 presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing an affidavit. 19 [X) S TAT E 20 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 21 22 Executed on January 10, 2018, at Glendale, California. 23 24 25 26 27 28 PROOF OF SERVICE