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Law Offices O f
Ro^er E , Nagkask
1 Bar N u m t e r : 1 8 1 7 4 0
2
One Newport Place
19900 MacArtkur Boulevard, Suite 1150
/ENSraRSED
Irvine, Califomia 9 2 6 1 2 - 8 4 3 3
3 Telephone: (949) 9 5 5 - 1 0 0 0
Facsimile: (949)852-9611
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5 Attorneys for: Plaintiff, Ashley M. Naghash
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7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR COUNTY OF SACRAMENTO
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ASHLEY M, NAGHASH, CASENO,: 34-2011-00113923
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14 BOARD OF TRUSTEES OF THE TO DEFENDANT'S MOTION FOR
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CALIFORNL\ STATE UNIVERSITY, THE SANCTIONS PURSUANT TO CODE OF
O ^-^ a 15 CIVIL PROCEDURE 128.7, AND FOR AN
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STATE OF CALIFORNIA, THE ORDER FOR AWARD OF SANCTIONS
16 CALIFORNIA STATE UNIVERSITY, THE AGAINST DEFENDANTS, AND THEIR
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CALIFORNIA STATE UNIVERSITY, COUNSELS
-3 Q 17 SACRAMENTO, ALEXANDER
GONZALEZ, MICHAEL SPEROS, TERRY
18 JOSEPH RICHARDS Also Known As TERRY
19 RICHARDS, Also Known As TERRY J.
RICHARDS, APRIL PHILIPS, WIN CHEN,
20 ADAM MENARD, ARIEL CAMPBELL, and Date: April 11,2013
Time: 9:00 a,m.
DOES 1 Through 100, Inclusive, Dept.: 54
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Defendants,
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Complaint Filed on November 14, 2011
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FILE BY FAX
AMN - OPPOsmoN TO CSUS' MOTION SANCTIONS CCP 128.7 & FOR AWARD OF SANCTIONS AGAINST DEFENDANTS AND COUNSELS -
NOTICE -1
TO: DEFENDANTS (notice does NOT identify the identify of who is moving For the
nonsensical and frivolous motion), and THEIR ATTORNEYS OF RECORD:
5 NOTICE IS HEREBY GIVEN tiiat on April 11, 2013, at 9:00 a.m., or as soontiiereafteras
6 tiie matter may be heard, in Department 54 of tiiis court. Plaintiff, ASHLEY M. NAGHASH will
7 appear and oppose Defendants (whoever they are?) motion pursuant to section 128.7 for an order
8 awarding reasonable expenses, including attorneys' fee and seek an for award of $4,838.75 against
9 Defendants (whoever they are?) and Kamala D. Harris, and Alberto L, Gonzalez for brining and
10 maintaining, meritless, andfiivolousmotion for sanction pursuant to CCP 128,7, where NO
o 11 reasonable attomey would have brought such defective, nonsensical, andfrivolousmotion.
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rH 12 The opposition shall be on the grounds that the moving papers are in violation of "safe
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3 -< vo 13 harbor" provisions of Code Civil Proc, § 128,7, the so-called "safe-harbor" moving papers,
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rt 14 consisted of only SIX (6) pages, whereas the filed motion consists of about four (4) inches,
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15 approximately three hundred (300) pages. Declarations of Alberto L, Gonzalez, Michael Speros,
jUrS
tfl "5 16 Memorandum ofPoints and Authorities, were NOT served as the "safe harbor" provision of the Cal
O4
J 8 17 Code Civ, Proc. § 128,7, The "Safe Harbor" documents that was allegedly served on December
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18 24,2012, are (1) three-page letter dated December 24, 2012, from Alberto L, Gonzalez, (2) two
19 page notice dated December 24,2012 (that is differentfromthe notice that is filed with this
20 honorable court), along with the Demurrer papers. The "Safe Harbor" moving papers that were
21 allegedly served on December 24, 2012, consists of only SIX (6) PAGES, whereas, the filed version
22 of tiie motion is well over three hundred (300) pages. On or about March 12, 2013, Defendants,
23 allegedly served and filed their 'TSfew and Improved" sanction motion that is significantly different
24 than the six-page document allegedly served on December 24, 2012 (by more than about over two
25 hundred ninety four pages.) The "New and Improved" motion that was served and filed in on
26 March 123, 2013, failed to comply with the "Safe Harbor" requirement of Cal. Code Civ, Proc §
27 128.7.
28 The opposition and motion will be based on this notice of opposition to motion pursuant to
AMN - OpposmoN TO CSUS' MOTION SANCTIONS CCP 128.7 & FOR AWARD OF SANCTIONS AGAINST DEFENDANTS AND COUNSELS -
NOTICE - 2
1 Civil Code § 128,7, Declaration of Roger E. Naghash, its exhibit Evidentiary Objections,
2 Memorandum ofPoints and Authorities, points and authorities, served and filed with it, on the
3 records, and file in this action, and on any evidence that may be presented at the hearing of the
4 motions.
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ta^v Offices Of^oger E, Naghash
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Dated this 26"" day of March 2013 By:.
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Roger E . Naghash, Esq.
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Ashley M. Naghash
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AMN - OpposmoN TO CSUS' MOTION SANCTIONS CCP 128.7 & FOR AWARD OF SANCTIONS AGAINST DEFENDANTS AND COUNSELS -
NOTICE - 3
1 PROOF OF SERVICE
I, the undersigned, certify and declare £is follows:
2 I am employed in the County of Orange and my business address and telephone number are
3 19900 MacArthur Boulevard, Suite 1150, Irvine, California 92612-8433, (949) 955-1000. I am
over the age of 18 years, I am readily familiar with the practices of Law Offices Of Roger E.
4 Naghash for collection and processmg of correspondence for mailing with the United States Postal
Service. Such correspondence is deposited with the United States Postal Service the same day in
5 the ordinary course of business.
6 On March 28, 2013,1 served the following documents, enthled:
7
• Notice of Plaintiffs Opposition to Defendant's Motion for Sanctions pursuant to
8 Code of Civil Procedure 128.7 and for an Order for award of sanctions against
Defendants and their counsels;
9 • Memorandum of points and authorities;
10 • Evidentiary Objections; and
• Declaration of Roger E. Naghagh and Exhibit in opposition thereto - Naghash V.
11 California State University, et al,
12 on the interested parties in the action as follows:
13
[XX] By placing [XX] the original [ ] a tme copy thereof enclosed in a sealed envelope addressed
14 as follows:
15 Alberto L. Gonzalez
16 Office of Attomey General of
State of Califomia
17 1300 " I " Stieet
Sacramento, Califomia 95814
18
19
[XX] By United States Postal Service, I placed such envelopes for collection and to be mailed
20 on this date following ordinary business practices.
21 [ ] By Personal Service, I caused to be delivered the document by hand to:,
22 [ ] By Facsimile, I caused to betiansmittedto the following fax number:
23
[ ] By Ovemight Express - Next Day Delivery, I placed such envelopes for collection and to
24 be delivered by the U.S. Express mail carrier on this date following ordinary business
practices
25
26 I declare under penalty of perjury of Federal Laws and laws of the State of California, that
the foregoing is tme and correct and that this declaration was executed on March 28,2013, at
27 Irvine, Califomia,
28
'oger^TNaghash, Esq,
RPCEIVEO
iH DROP OOX
2013 HAR 29 Pn 1^:50
SUPERiC; UOlJKT CF CALIFORNIA
COUNTY OF SACRAMENTO
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Law Offices O f Ro^er E , Nagkask 1 Bar N u m t e r : 1 8 1 7 4 0 2 One Newport Place 19900 MacArtkur Boulevard, Suite 1150 /ENSraRSED Irvine, Califomia 9 2 6 1 2 - 8 4 3 3 3 Telephone: (949) 9 5 5 - 1 0 0 0 Facsimile: (949)852-9611 4 5 Attorneys for: Plaintiff, Ashley M. Naghash 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR COUNTY OF SACRAMENTO 9 10 ASHLEY M, NAGHASH, CASENO,: 34-2011-00113923 o vo 11 -a rH rH Plaintiff, 3 tt) ro 12 _,- cs vo 13 vs. ui 1 VO NOTICE OF PLAINTIFF'S OPPOSITION rH 14 BOARD OF TRUSTEES OF THE TO DEFENDANT'S MOTION FOR iS » E t-H CALIFORNL\ STATE UNIVERSITY, THE SANCTIONS PURSUANT TO CODE OF O ^-^ a 15 CIVIL PROCEDURE 128.7, AND FOR AN §Jcj p -a STATE OF CALIFORNIA, THE ORDER FOR AWARD OF SANCTIONS 16 CALIFORNIA STATE UNIVERSITY, THE AGAINST DEFENDANTS, AND THEIR rt O »—' CALIFORNIA STATE UNIVERSITY, COUNSELS -3 Q 17 SACRAMENTO, ALEXANDER GONZALEZ, MICHAEL SPEROS, TERRY 18 JOSEPH RICHARDS Also Known As TERRY 19 RICHARDS, Also Known As TERRY J. RICHARDS, APRIL PHILIPS, WIN CHEN, 20 ADAM MENARD, ARIEL CAMPBELL, and Date: April 11,2013 Time: 9:00 a,m. DOES 1 Through 100, Inclusive, Dept.: 54 21 22 23 Defendants, 24 Complaint Filed on November 14, 2011 25 26 27 28 FILE BY FAX AMN - OPPOsmoN TO CSUS' MOTION SANCTIONS CCP 128.7 & FOR AWARD OF SANCTIONS AGAINST DEFENDANTS AND COUNSELS - NOTICE -1 TO: DEFENDANTS (notice does NOT identify the identify of who is moving For the nonsensical and frivolous motion), and THEIR ATTORNEYS OF RECORD: 5 NOTICE IS HEREBY GIVEN tiiat on April 11, 2013, at 9:00 a.m., or as soontiiereafteras 6 tiie matter may be heard, in Department 54 of tiiis court. Plaintiff, ASHLEY M. NAGHASH will 7 appear and oppose Defendants (whoever they are?) motion pursuant to section 128.7 for an order 8 awarding reasonable expenses, including attorneys' fee and seek an for award of $4,838.75 against 9 Defendants (whoever they are?) and Kamala D. Harris, and Alberto L, Gonzalez for brining and 10 maintaining, meritless, andfiivolousmotion for sanction pursuant to CCP 128,7, where NO o 11 reasonable attomey would have brought such defective, nonsensical, andfrivolousmotion. vo -a rH rH 12 The opposition shall be on the grounds that the moving papers are in violation of "safe i .1 TU) g 3 -< vo 13 harbor" provisions of Code Civil Proc, § 128,7, the so-called "safe-harbor" moving papers, ra t f l rt 14 consisted of only SIX (6) pages, whereas the filed motion consists of about four (4) inches, Oi ^ *3 rH E t-H P ' " 15 approximately three hundred (300) pages. Declarations of Alberto L, Gonzalez, Michael Speros, jUrS tfl "5 16 Memorandum ofPoints and Authorities, were NOT served as the "safe harbor" provision of the Cal O4 J 8 17 Code Civ, Proc. § 128,7, The "Safe Harbor" documents that was allegedly served on December o 18 24,2012, are (1) three-page letter dated December 24, 2012, from Alberto L, Gonzalez, (2) two 19 page notice dated December 24,2012 (that is differentfromthe notice that is filed with this 20 honorable court), along with the Demurrer papers. The "Safe Harbor" moving papers that were 21 allegedly served on December 24, 2012, consists of only SIX (6) PAGES, whereas, the filed version 22 of tiie motion is well over three hundred (300) pages. On or about March 12, 2013, Defendants, 23 allegedly served and filed their 'TSfew and Improved" sanction motion that is significantly different 24 than the six-page document allegedly served on December 24, 2012 (by more than about over two 25 hundred ninety four pages.) The "New and Improved" motion that was served and filed in on 26 March 123, 2013, failed to comply with the "Safe Harbor" requirement of Cal. Code Civ, Proc § 27 128.7. 28 The opposition and motion will be based on this notice of opposition to motion pursuant to AMN - OpposmoN TO CSUS' MOTION SANCTIONS CCP 128.7 & FOR AWARD OF SANCTIONS AGAINST DEFENDANTS AND COUNSELS - NOTICE - 2 1 Civil Code § 128,7, Declaration of Roger E. Naghash, its exhibit Evidentiary Objections, 2 Memorandum ofPoints and Authorities, points and authorities, served and filed with it, on the 3 records, and file in this action, and on any evidence that may be presented at the hearing of the 4 motions. 5 6 7 8 ta^v Offices Of^oger E, Naghash 9 10 Dated this 26"" day of March 2013 By:. o 11 vo Roger E . Naghash, Esq. -a rH rH 12 Attomey for Plaintiff rt _ttj ro Ashley M. Naghash 2-g vo 13 Uil S vo ^1 2 14 r-H a 15 p 8 -a 16 tfl «o 17 8: 18 19 20 21 22 23 24 25 26 27 28 AMN - OpposmoN TO CSUS' MOTION SANCTIONS CCP 128.7 & FOR AWARD OF SANCTIONS AGAINST DEFENDANTS AND COUNSELS - NOTICE - 3 1 PROOF OF SERVICE I, the undersigned, certify and declare £is follows: 2 I am employed in the County of Orange and my business address and telephone number are 3 19900 MacArthur Boulevard, Suite 1150, Irvine, California 92612-8433, (949) 955-1000. I am over the age of 18 years, I am readily familiar with the practices of Law Offices Of Roger E. 4 Naghash for collection and processmg of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in 5 the ordinary course of business. 6 On March 28, 2013,1 served the following documents, enthled: 7 • Notice of Plaintiffs Opposition to Defendant's Motion for Sanctions pursuant to 8 Code of Civil Procedure 128.7 and for an Order for award of sanctions against Defendants and their counsels; 9 • Memorandum of points and authorities; 10 • Evidentiary Objections; and • Declaration of Roger E. Naghagh and Exhibit in opposition thereto - Naghash V. 11 California State University, et al, 12 on the interested parties in the action as follows: 13 [XX] By placing [XX] the original [ ] a tme copy thereof enclosed in a sealed envelope addressed 14 as follows: 15 Alberto L. Gonzalez 16 Office of Attomey General of State of Califomia 17 1300 " I " Stieet Sacramento, Califomia 95814 18 19 [XX] By United States Postal Service, I placed such envelopes for collection and to be mailed 20 on this date following ordinary business practices. 21 [ ] By Personal Service, I caused to be delivered the document by hand to:, 22 [ ] By Facsimile, I caused to betiansmittedto the following fax number: 23 [ ] By Ovemight Express - Next Day Delivery, I placed such envelopes for collection and to 24 be delivered by the U.S. Express mail carrier on this date following ordinary business practices 25 26 I declare under penalty of perjury of Federal Laws and laws of the State of California, that the foregoing is tme and correct and that this declaration was executed on March 28,2013, at 27 Irvine, Califomia, 28 'oger^TNaghash, Esq, RPCEIVEO iH DROP OOX 2013 HAR 29 Pn 1^:50 SUPERiC; UOlJKT CF CALIFORNIA COUNTY OF SACRAMENTO