Preview
1 , ,1.-
n'LtD ATX
1 STEPHANIE J. FINELLI, SBN 173462
Law Office of Stephanie J. Finelli
2 1007-7th Street, Suite 500
Sacramento, CA 95814 'imocj 13 m 9:1,2
3 tel (916) 443-2144
fax (916) 443-1511 SACRAMENTO COURTS
4 DEPT #53 #54
Attorney for Plaintiff,
5 DAVID A. MARTIN
6
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SACRAMENTO
10
11 DAVID A. MARTIN, individually and dba Case No.: 34-2010-00067795
LAW OFFICE OF DAVID A. MARTIN &
12 OPPOSITION TO DEMURRER AS MOOT
ASSOCIATES,
13 Date: 10/29/10
Plaintiff, Time: 2:00 p.m.
14 Dept: 53
vs.
15
ROBERT N. KITAY. individually and dba
16 LAW OFFICE OF ROBERT N. KITAY, PC;
ROBERT N. KITAY PC, and DOES 1-5,
17
18 Defendants
19
20 Plaintiff hereby opposes defendants' demurrer on the ground that plaintijf filed a First
21 Amended Complaint on October 13, 2010, thereby mooting the demurrer. Attached hereto is a
22 true and correct copy ofthe first page ofthe First Amended Complaint, as well as the proof of
23 service of same. Plaintiff requests that the demurrer be overruled as moot.
24 In the altemative, plaintiff requests that he be granted leave to amend the complaint, as
25 amended and filed on October 13, 2010.
26
27 Dated: October 15, 2010 .
t^phanie J. Finelli,
28 Attomey for Plaintiff,
David A. Martin
Opposition to Demurrer as Moot - 1
STEPHANIE J. FINELLI, SBN 173462
Law Office of Stephanie J. Finelli
2 1007-7th Street, Suite 500
Sacramento, CA 95814
3 tel (916) 443-2144
fax (916) 443-1511
4
Attomey for Plaintiff,
5 DAVID A. MARTIN
6
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
IN AND FOR THE COUNTY OF SACRAMENTO
8
9
DAVID A. MARTIN, individually and dba Case No.: 34-2010-00067795
10
LAW OFFICE OF DAVID A. MARTIN &
ASSOCIATES, FIRST AMENDED COMPLAINT
11
12 Plaintiff,
13 vs.
14 ROBERT N. KITAY. individually and dba
LAW OFFICE OF ROBERT N. KITAY, PC;
15
ROBERT N. KITAY PC, and DOES 1-5,
16
Defendants
17
18
PLAINTIFF alleges as follows:
19
GENERAL ALLEGATIONS
20
1. Plaintiff David A. Martin, individually and dba Law Office of David A. Martin &
21
Associates ("Plaintiff) is, and at all times herein mentioned was, the owner/sole proprietor of a
22
law office existing under and by virtue of the laws of the State of Califomia, and qualified to do
23
business and doing business in Sacramento County, State of California.
24
2. Plaintiff is informed and believes thereon alleges, that Defendant Robert N. Kitay,
25
individually and dba Law Office of Robert N. Kitay and dba Law Office of Robert N. Kitay PC
26
("Defendant") is and at all times herein mentioned was, and individual residing in the County of
27
Sacramento, State of Califomia. Defendant was an employee of Plaintiff commencing
28
First Amended Complaint -1
PROOF OF SERVICE BY MAIL
CASE NAME- Martir^ v. Kitay
CASE NUMBER: Sacramento County 34-2010-00067795
I declare that
I am a citizen ofthe United States and a resident ofthe Cotinty of Sacramento. I am,
and at all times mentioned herein was, an active member of the State Bar of Califomia and
not a party to the above-entitled cause. My business address is 1007 Seventh Street, Suite
500, Sacramento, Califomia 95814
On October 13, 2010, pursuant to CCP §1013A(2), I served the following:
FIRST AMENDED COMPLAINT
by depositing a copy of said document in the United States mail in Sacramento, Califomia,
in a sealed envelope, with postage fully prepaid, addressed as follows:
Sean Gjerde
Northern Califorma Law Center
8880 Elk Grove Blvd., Suite A
Elk Grove, CA 95624
I declare under penalty ofperjury the foregoing is tme and coryect.
DATED: October 13,2010
^ephaiiie J. Finelli
PROOF OF SERVICE BY MAIL
CASE NAME: Martin v. Kitay
CASE NUMBER: Sacramento County 34-2010-00067795
I declare that:
I am a citizen ofthe United States and a resident ofthe County of Sacramento. I am,
and at all times mentioned herein was, an active member of the State Bar of Califomia and
not a party to the above-entitled cause. My business address is 1007 Seventh Street, Suite
500, Sacramento, Califomia 95814.
On October 15,2010, pursuant to CCP §1013A(2), I served the following:
OPPOSITION TO DEMURRER AS MOOT
by depositing a copy of said document in the United States mail in Sacramento, Califomia,
in a sealed envelope, with postage fully prepaid, addressed as follows:
Robert Kitay
1006 Fourth Street, Suite 225
Sacramento, CA 95814
I declare tinder penalty ofperjury the foregoing is tme and ccyrect.
DATED: October 15, 2010
Stephanie J. Finelli
Preview
1 , ,1.- n'LtD ATX 1 STEPHANIE J. FINELLI, SBN 173462 Law Office of Stephanie J. Finelli 2 1007-7th Street, Suite 500 Sacramento, CA 95814 'imocj 13 m 9:1,2 3 tel (916) 443-2144 fax (916) 443-1511 SACRAMENTO COURTS 4 DEPT #53 #54 Attorney for Plaintiff, 5 DAVID A. MARTIN 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SACRAMENTO 10 11 DAVID A. MARTIN, individually and dba Case No.: 34-2010-00067795 LAW OFFICE OF DAVID A. MARTIN & 12 OPPOSITION TO DEMURRER AS MOOT ASSOCIATES, 13 Date: 10/29/10 Plaintiff, Time: 2:00 p.m. 14 Dept: 53 vs. 15 ROBERT N. KITAY. individually and dba 16 LAW OFFICE OF ROBERT N. KITAY, PC; ROBERT N. KITAY PC, and DOES 1-5, 17 18 Defendants 19 20 Plaintiff hereby opposes defendants' demurrer on the ground that plaintijf filed a First 21 Amended Complaint on October 13, 2010, thereby mooting the demurrer. Attached hereto is a 22 true and correct copy ofthe first page ofthe First Amended Complaint, as well as the proof of 23 service of same. Plaintiff requests that the demurrer be overruled as moot. 24 In the altemative, plaintiff requests that he be granted leave to amend the complaint, as 25 amended and filed on October 13, 2010. 26 27 Dated: October 15, 2010 . t^phanie J. Finelli, 28 Attomey for Plaintiff, David A. Martin Opposition to Demurrer as Moot - 1 STEPHANIE J. FINELLI, SBN 173462 Law Office of Stephanie J. Finelli 2 1007-7th Street, Suite 500 Sacramento, CA 95814 3 tel (916) 443-2144 fax (916) 443-1511 4 Attomey for Plaintiff, 5 DAVID A. MARTIN 6 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 IN AND FOR THE COUNTY OF SACRAMENTO 8 9 DAVID A. MARTIN, individually and dba Case No.: 34-2010-00067795 10 LAW OFFICE OF DAVID A. MARTIN & ASSOCIATES, FIRST AMENDED COMPLAINT 11 12 Plaintiff, 13 vs. 14 ROBERT N. KITAY. individually and dba LAW OFFICE OF ROBERT N. KITAY, PC; 15 ROBERT N. KITAY PC, and DOES 1-5, 16 Defendants 17 18 PLAINTIFF alleges as follows: 19 GENERAL ALLEGATIONS 20 1. Plaintiff David A. Martin, individually and dba Law Office of David A. Martin & 21 Associates ("Plaintiff) is, and at all times herein mentioned was, the owner/sole proprietor of a 22 law office existing under and by virtue of the laws of the State of Califomia, and qualified to do 23 business and doing business in Sacramento County, State of California. 24 2. Plaintiff is informed and believes thereon alleges, that Defendant Robert N. Kitay, 25 individually and dba Law Office of Robert N. Kitay and dba Law Office of Robert N. Kitay PC 26 ("Defendant") is and at all times herein mentioned was, and individual residing in the County of 27 Sacramento, State of Califomia. Defendant was an employee of Plaintiff commencing 28 First Amended Complaint -1 PROOF OF SERVICE BY MAIL CASE NAME- Martir^ v. Kitay CASE NUMBER: Sacramento County 34-2010-00067795 I declare that I am a citizen ofthe United States and a resident ofthe Cotinty of Sacramento. I am, and at all times mentioned herein was, an active member of the State Bar of Califomia and not a party to the above-entitled cause. My business address is 1007 Seventh Street, Suite 500, Sacramento, Califomia 95814 On October 13, 2010, pursuant to CCP §1013A(2), I served the following: FIRST AMENDED COMPLAINT by depositing a copy of said document in the United States mail in Sacramento, Califomia, in a sealed envelope, with postage fully prepaid, addressed as follows: Sean Gjerde Northern Califorma Law Center 8880 Elk Grove Blvd., Suite A Elk Grove, CA 95624 I declare under penalty ofperjury the foregoing is tme and coryect. DATED: October 13,2010 ^ephaiiie J. Finelli PROOF OF SERVICE BY MAIL CASE NAME: Martin v. Kitay CASE NUMBER: Sacramento County 34-2010-00067795 I declare that: I am a citizen ofthe United States and a resident ofthe County of Sacramento. I am, and at all times mentioned herein was, an active member of the State Bar of Califomia and not a party to the above-entitled cause. My business address is 1007 Seventh Street, Suite 500, Sacramento, Califomia 95814. On October 15,2010, pursuant to CCP §1013A(2), I served the following: OPPOSITION TO DEMURRER AS MOOT by depositing a copy of said document in the United States mail in Sacramento, Califomia, in a sealed envelope, with postage fully prepaid, addressed as follows: Robert Kitay 1006 Fourth Street, Suite 225 Sacramento, CA 95814 I declare tinder penalty ofperjury the foregoing is tme and ccyrect. DATED: October 15, 2010 Stephanie J. Finelli