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1 SINCLAIR WILSON
BALDO & CHAMBERLAIN
2 ROBERT F. SINCLAIR (SBN-79193)
2390 Professional Drive
3 Roseville, CA 95661
Telephone: (916) 783-5281
4 Facsimile: (916) 783-5232
5 Attorneys for Defendant and Cross-Complainant,
PLACER VALLEY SPORTS COMPLEX,
6 INC., dba @the Grounds
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF PLACER
10
SHERRY LARSEN, individually and dba CASE NO. S-CV-0045659
11 CALIFORNIA STATE ENTERPRISES,
DEFENDANT'S RESPONSE TO
12 Plaintiff, PLAINTIFF'S EX PARTE
APPLCIATION TO SHORTEN TIME
13 V. FOR A NOTICED MOTION
14 PLACER VALLEY SPORTS COMPLEX,
INC. dba@the Grounds, a California Date: November 17, 2022
15 corporation; and DOES 1-10, inclusive, Time: 8:00 a.m.
Dept: 30
16 Defendants. Trial: November 14, 2022
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AND RELATED CROSS-ACTION
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20 Plaintiff, Sherry Larsen, moves this court ex parte for an order continuing trial.
21 Alternatively, plaintiff moves for an order shortening notice permitting her motion to continue to
22 be heard on less than the statutory requirement. Defendant, Placer Valley Sports Complex, Inc.,
23 has filed its opposition to the underlying motion to continue trial and submits the following
24 response to plaintiffs ex parte application seeking to shorten notice on a hearing.
25
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Defendant's Response to Plaintiff's Ex Parte Application to Shorten Time for a Noticed Motion
1 Placer Valley Sports Complex, Inc. believes the court is familiar with the rules applicable
2 to motions to continue trial and further believes the facts in support of and opposition to the
3 motion to continue are sufficient before the court in the current pleadings. Accordingly, Placer
4 Valley Sports Complex, Inc. has no opposition to an order shortening time such that the court
5 considers and decides the underlying motion to continue on the basis of the motion and
6 opposition pleadings currently on file, and without need for further notice, oral argument, or
7 hearing on the motion.
8
9 Dated: November 16, 2022 Respectfully submitted,
10 SINCLAIR WILSON
BALDO & C AMBERLAIN
11
12 By:
13
Attorney for Placer Valley Sports
14 Complex, Inc.
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Defendant's Response to Plaintiff's Ex Parte Application to Shorten Time for a Noticed Motion
1 Larsen v. Placer Valley Sports Complex, Inc., et al.
Placer County Superior Court Case No. S-CV-0045659
2
PROOF OF SERVICE
3
I am a resident of the United States and of the State of California. I am employed in the County of
4 Placer. My business address is Sinclair Wilson Baldo & Chamberlain, 2390 Professional Drive, Roseville,
California, 95661. I am over the age of eighteen (18) and not a party to the within-entitled action. On
5
November 16, 2022, I served the following document(s):
6
DEFENDANT'S RESPONSE TO PLAINTIFF'S EX PARTE APPLICATION TO
7
SHORTEN TIME FOR A NOTICED MOTION
[ ] MAIL -- By placing, or causing to be placed, a true copy of the document(s) listed above in a sealed
8 envelope with postage thereon fully prepaid, first-class mail, in the United States mail at Roseville,
California, addressed as set forth herein. (CCP §1012, 1013 and 1013(a).) I am familiar with the practice of
9 Sinclair Wilson Baldo & Chamberlain for the collection and processing of correspondence for mailing with
the United States Postal Service. In accordance with the ordinary course of business, the above-mentioned
10 document(s) would have been deposited with the United States Postal Service on the date set forth above.
[ ] PERSONAL SERVICE -- By personally delivering, or causing to be delivered, the document(s) listed above
11
to the person(s) and at the address(es) set forth below. (1) For a party represented by an attorney, delivery
was made to the attorney or at the attorney's office by leaving the documents in an envelope or package,
12 which was clearly labeled to identify the attorney being served, with a receptionist or an individual in charge
of the office, between the hours of 9:00 a.m. and 5:00 p.m. (2) for a party, delivery was made to the party or
13 by leaving the documents at the party's residence or business address with some person not younger than 18
years of age between the hours of 8:00 a.m. and 6:00 p.m. (CCP §1011.)
14
[ ] OVERNIGHT DELIVERY - I enclosed the document(s) listed above in an envelope or package provided by
an overnight delivery carrier and addressed to the person(s) at the address(es) referenced herein. The
15 envelope or package was placed for collection and overnight delivery at an office or a regularly utilized drop
box of the overnight delivery carrier.
16
[ ] FACSIMILE -- By causing a true copy of the document(s) listed above to be transmitted by facsimile, to the
17 facsimile telephone number listed adjacent to the name(s) referenced herein; and that the facsimile machine
provided confirmation that the facsimile has been sent correctly. A copy of the transmission report shall be
attached to this proof of service and kept with the file.
18
[X] BY ELECTRONIC MAIL ("E-Mail")- By transmitting, between the hours of 8:30 a.m. and 5:00 p.m. PDT,
19 from E-Mail address vcanales@swbclaw.com, the document(s) listed above, to the following addresses(s):
20 CHRISTOPHER J. FRY
KRISTINE DU
21 FRY LAW CORPORATION
980 9 th Street, 16 th Floor
Sacramento, CA 85 814
22 Telephone: (916) 291-0700
Facsimile: (916) 848-0256
23 Email: cfry@frylawcorp.com
kdu@frylawcorp.com
24 Attorney for Plaintiff and Cross-Defendant, Sherry Larsen, individually and dba California State
Enterprises
C
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct. Executed on November 16, 2022, at Roseville, C~lifornia.
\/4k i -~
VICKI L. CANAES
{)(J(LJ/J
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1 SINCLAIR WILSON BALDO & CHAMBERLAIN 2 ROBERT F. SINCLAIR (SBN-79193) 2390 Professional Drive 3 Roseville, CA 95661 Telephone: (916) 783-5281 4 Facsimile: (916) 783-5232 5 Attorneys for Defendant and Cross-Complainant, PLACER VALLEY SPORTS COMPLEX, 6 INC., dba @the Grounds 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF PLACER 10 SHERRY LARSEN, individually and dba CASE NO. S-CV-0045659 11 CALIFORNIA STATE ENTERPRISES, DEFENDANT'S RESPONSE TO 12 Plaintiff, PLAINTIFF'S EX PARTE APPLCIATION TO SHORTEN TIME 13 V. FOR A NOTICED MOTION 14 PLACER VALLEY SPORTS COMPLEX, INC. dba@the Grounds, a California Date: November 17, 2022 15 corporation; and DOES 1-10, inclusive, Time: 8:00 a.m. Dept: 30 16 Defendants. Trial: November 14, 2022 17 AND RELATED CROSS-ACTION 18 19 20 Plaintiff, Sherry Larsen, moves this court ex parte for an order continuing trial. 21 Alternatively, plaintiff moves for an order shortening notice permitting her motion to continue to 22 be heard on less than the statutory requirement. Defendant, Placer Valley Sports Complex, Inc., 23 has filed its opposition to the underlying motion to continue trial and submits the following 24 response to plaintiffs ex parte application seeking to shorten notice on a hearing. 25 -1- Defendant's Response to Plaintiff's Ex Parte Application to Shorten Time for a Noticed Motion 1 Placer Valley Sports Complex, Inc. believes the court is familiar with the rules applicable 2 to motions to continue trial and further believes the facts in support of and opposition to the 3 motion to continue are sufficient before the court in the current pleadings. Accordingly, Placer 4 Valley Sports Complex, Inc. has no opposition to an order shortening time such that the court 5 considers and decides the underlying motion to continue on the basis of the motion and 6 opposition pleadings currently on file, and without need for further notice, oral argument, or 7 hearing on the motion. 8 9 Dated: November 16, 2022 Respectfully submitted, 10 SINCLAIR WILSON BALDO & C AMBERLAIN 11 12 By: 13 Attorney for Placer Valley Sports 14 Complex, Inc. 15 16 17 18 19 20 21 22 23 24 25 -2- Defendant's Response to Plaintiff's Ex Parte Application to Shorten Time for a Noticed Motion 1 Larsen v. Placer Valley Sports Complex, Inc., et al. Placer County Superior Court Case No. S-CV-0045659 2 PROOF OF SERVICE 3 I am a resident of the United States and of the State of California. I am employed in the County of 4 Placer. My business address is Sinclair Wilson Baldo & Chamberlain, 2390 Professional Drive, Roseville, California, 95661. I am over the age of eighteen (18) and not a party to the within-entitled action. On 5 November 16, 2022, I served the following document(s): 6 DEFENDANT'S RESPONSE TO PLAINTIFF'S EX PARTE APPLICATION TO 7 SHORTEN TIME FOR A NOTICED MOTION [ ] MAIL -- By placing, or causing to be placed, a true copy of the document(s) listed above in a sealed 8 envelope with postage thereon fully prepaid, first-class mail, in the United States mail at Roseville, California, addressed as set forth herein. (CCP §1012, 1013 and 1013(a).) I am familiar with the practice of 9 Sinclair Wilson Baldo & Chamberlain for the collection and processing of correspondence for mailing with the United States Postal Service. In accordance with the ordinary course of business, the above-mentioned 10 document(s) would have been deposited with the United States Postal Service on the date set forth above. [ ] PERSONAL SERVICE -- By personally delivering, or causing to be delivered, the document(s) listed above 11 to the person(s) and at the address(es) set forth below. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package, 12 which was clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office, between the hours of 9:00 a.m. and 5:00 p.m. (2) for a party, delivery was made to the party or 13 by leaving the documents at the party's residence or business address with some person not younger than 18 years of age between the hours of 8:00 a.m. and 6:00 p.m. (CCP §1011.) 14 [ ] OVERNIGHT DELIVERY - I enclosed the document(s) listed above in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) at the address(es) referenced herein. The 15 envelope or package was placed for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 16 [ ] FACSIMILE -- By causing a true copy of the document(s) listed above to be transmitted by facsimile, to the 17 facsimile telephone number listed adjacent to the name(s) referenced herein; and that the facsimile machine provided confirmation that the facsimile has been sent correctly. A copy of the transmission report shall be attached to this proof of service and kept with the file. 18 [X] BY ELECTRONIC MAIL ("E-Mail")- By transmitting, between the hours of 8:30 a.m. and 5:00 p.m. PDT, 19 from E-Mail address vcanales@swbclaw.com, the document(s) listed above, to the following addresses(s): 20 CHRISTOPHER J. FRY KRISTINE DU 21 FRY LAW CORPORATION 980 9 th Street, 16 th Floor Sacramento, CA 85 814 22 Telephone: (916) 291-0700 Facsimile: (916) 848-0256 23 Email: cfry@frylawcorp.com kdu@frylawcorp.com 24 Attorney for Plaintiff and Cross-Defendant, Sherry Larsen, individually and dba California State Enterprises C 25 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 16, 2022, at Roseville, C~lifornia. \/4k i -~ VICKI L. CANAES {)(J(LJ/J