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MORGAN A. STEWART, Esq. (State Bar No. 209852)
E—Mail: mstewartavmanlystewart‘com
SAUL E. WOLF, Esq. (State Bar No. 244833) ‘
E—Mail: swolfi’wmanlystewart.c0m \
m-
CRISTINA J. NOLAN, Esq. (State Bar No. 318495) a "
”To
MAWN
E-Mail: cm)Ian{agmanlystcwart.com 0% ‘
‘
HALEY K. AANESTAD Esq. (State Bar No.334382)
,
E—Mail: haanestadafimanlystcwartcom OCT 2 6 2021
MANLY, STEWART & FINALDI ,
19100 Von Karman Ave., Suite 800 (
QO’s Irvine, CA 92612 3‘! g.” t’ pep]?
Telephone: (949) 252-9990
Facsimile: (949) 252-9991
Attorneys for Plaintiff JANE BNS DOE
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
IN AND FOR THE COUNTY OF SAN BERNARDINO
LAWYERS
800
12
Suite
252—9991
JANE BNS DOE, an individual; CASE NO.: CIVSB21 15713
13 Judge: Honorable Donald Alvarez
FINALDI
Ave.,
92612
Plaintiff, Dept: 823
(949)
14
& CA (f)
V'
EX PARTE APPLICATION FOR AN
Karman
15 ORDER APPROVING CERTIFICATES 0F
Irvine,
_ MERIT
DOE
, . .
252-990
STEWART
Von
1, a Callfornla local pubhc entlty and
16
DOES 7- to 100-
[Filed concurrently with the Declaration of
(949)
Defendants Morgan A. Stewart]
19100
17
MANLY,
18 Date: October 28, 2021
Time: 9:00 a.m.
19 Location: S23
20 Complaint Filed: June 2, 2021
Trial Date: None
21
22
23
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
24
PLEASE TAKE NOTICE that 0n October 28, 2021, at 9 a.m., or as soon thereafter as
25
the matter may be heard Via CourtCall, in Department $23 0f the above-entitled Court, Plaintiff
26
JANE BNS DOE (“Plaintiff”) will and hereby does move the Court, ex parte for an Order
Approving the Certificates of Merit filed With Plaintiff’s Complaint, Pursuant to Code of Civil
27
Procedure § 340. 1(h) and (i).
28
1
EX PARTE APPLICATION FOR AN ORDER APPROVING CERTIFICATES OF MERIT
Specifically, the Code of Civil Procedure requires the Court to approve the Certificates of
Merit filed contemporaneously with any Complaint for Damages stemming from the sexual abuse
or molestation of a minor prior to the serving of the Complaint, where the plaintiffs are over the
age 0f 40 years 01d. Accordingly, Plaintiff JANE BNS DOE, by and through her attorney of
record herein, seeks an Order approving the Certificates of Merit and Authorizing service of the
Complaint on all Defendants. Given the fact that Plaintiff is required by law to obtain such an
Order in order to serve Defendants, she will be unable to serve her Complaint upon any of the
Defendants herein until such an Order is issued.
There is “good cause” to grant the instant ex parte Application on the basis that Without it,
10 Plaintiff cannot serve her Complaint upon the Defendants, and thus, cannot proceed with the
11 instant action.
LAWYERS
800
252-9991
12 Plaintiff JANE BNS DOE will suffer clear “irreparable harm” if this Application is not
Sulte
FINALDI.
13 heard and granted, as such a denial would result in Plaintiff losing her ability t0 proceed With this
92612
Ave.,
(949)
14 action against the Defendants. Such a finding would result in Plaintiff being unable to have her
CA (f)
&
Karman
Irvine,
15 case heard upon the merits.
252-990
STEWART
Von
16 As there are no defendants yet in this action, and Plaintiff brings the instant ex parte
(949)
19100
17 Application to acquire authorization to serve the parties, no notice has been provided. Declaration
MANLY,
18 of Morgan A. Stewart, (“DMS”) fl 3.
19 This ex parte Application is based on this Notice, the attached Memorandum 0f Points and
20 Authorities, the Declaration of Morgan A. Stewart attached hereto, the records and files in this
21 action, and upon such futther evidence and argument as may be presented prior to or at the time
22 of hearing on the motion.
23
Dated: October 26, 2021 MANLY STEWART & FINALDI
24
25 By: flqgm d
MOR AN
si’fi “flat
STEWART, ESQ.
A.
26 SAUL E. WOLF, ESQ.
CRISTINA J. NOLAN, ESQ.
27
Attorneys for Plaintiff
28
2
EX PARTE APPLICATION FOR AN ORDER APPROVING CERTIFICATES OF MERIT
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MORGAN A. STEWART, Esq. (State Bar No. 209852) E—Mail: mstewartavmanlystewart‘com SAUL E. WOLF, Esq. (State Bar No. 244833) ‘ E—Mail: swolfi’wmanlystewart.c0m \ m- CRISTINA J. NOLAN, Esq. (State Bar No. 318495) a " ”To MAWN E-Mail: cm)Ian{agmanlystcwart.com 0% ‘ ‘ HALEY K. AANESTAD Esq. (State Bar No.334382) , E—Mail: haanestadafimanlystcwartcom OCT 2 6 2021 MANLY, STEWART & FINALDI , 19100 Von Karman Ave., Suite 800 ( QO’s Irvine, CA 92612 3‘! g.” t’ pep]? Telephone: (949) 252-9990 Facsimile: (949) 252-9991 Attorneys for Plaintiff JANE BNS DOE 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 IN AND FOR THE COUNTY OF SAN BERNARDINO LAWYERS 800 12 Suite 252—9991 JANE BNS DOE, an individual; CASE NO.: CIVSB21 15713 13 Judge: Honorable Donald Alvarez FINALDI Ave., 92612 Plaintiff, Dept: 823 (949) 14 & CA (f) V' EX PARTE APPLICATION FOR AN Karman 15 ORDER APPROVING CERTIFICATES 0F Irvine, _ MERIT DOE , . . 252-990 STEWART Von 1, a Callfornla local pubhc entlty and 16 DOES 7- to 100- [Filed concurrently with the Declaration of (949) Defendants Morgan A. Stewart] 19100 17 MANLY, 18 Date: October 28, 2021 Time: 9:00 a.m. 19 Location: S23 20 Complaint Filed: June 2, 2021 Trial Date: None 21 22 23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 24 PLEASE TAKE NOTICE that 0n October 28, 2021, at 9 a.m., or as soon thereafter as 25 the matter may be heard Via CourtCall, in Department $23 0f the above-entitled Court, Plaintiff 26 JANE BNS DOE (“Plaintiff”) will and hereby does move the Court, ex parte for an Order Approving the Certificates of Merit filed With Plaintiff’s Complaint, Pursuant to Code of Civil 27 Procedure § 340. 1(h) and (i). 28 1 EX PARTE APPLICATION FOR AN ORDER APPROVING CERTIFICATES OF MERIT Specifically, the Code of Civil Procedure requires the Court to approve the Certificates of Merit filed contemporaneously with any Complaint for Damages stemming from the sexual abuse or molestation of a minor prior to the serving of the Complaint, where the plaintiffs are over the age 0f 40 years 01d. Accordingly, Plaintiff JANE BNS DOE, by and through her attorney of record herein, seeks an Order approving the Certificates of Merit and Authorizing service of the Complaint on all Defendants. Given the fact that Plaintiff is required by law to obtain such an Order in order to serve Defendants, she will be unable to serve her Complaint upon any of the Defendants herein until such an Order is issued. There is “good cause” to grant the instant ex parte Application on the basis that Without it, 10 Plaintiff cannot serve her Complaint upon the Defendants, and thus, cannot proceed with the 11 instant action. LAWYERS 800 252-9991 12 Plaintiff JANE BNS DOE will suffer clear “irreparable harm” if this Application is not Sulte FINALDI. 13 heard and granted, as such a denial would result in Plaintiff losing her ability t0 proceed With this 92612 Ave., (949) 14 action against the Defendants. Such a finding would result in Plaintiff being unable to have her CA (f) & Karman Irvine, 15 case heard upon the merits. 252-990 STEWART Von 16 As there are no defendants yet in this action, and Plaintiff brings the instant ex parte (949) 19100 17 Application to acquire authorization to serve the parties, no notice has been provided. Declaration MANLY, 18 of Morgan A. Stewart, (“DMS”) fl 3. 19 This ex parte Application is based on this Notice, the attached Memorandum 0f Points and 20 Authorities, the Declaration of Morgan A. Stewart attached hereto, the records and files in this 21 action, and upon such futther evidence and argument as may be presented prior to or at the time 22 of hearing on the motion. 23 Dated: October 26, 2021 MANLY STEWART & FINALDI 24 25 By: flqgm d MOR AN si’fi “flat STEWART, ESQ. A. 26 SAUL E. WOLF, ESQ. CRISTINA J. NOLAN, ESQ. 27 Attorneys for Plaintiff 28 2 EX PARTE APPLICATION FOR AN ORDER APPROVING CERTIFICATES OF MERIT