Party Discovery: ODEH -V- FERNANDEZ Print

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                                                                                          LDE
     Ali    Odeh       .
                                                                                 machumor
                                                                                  cowrvor   seam
                                                                                              CALIFORNIA
     14167 Flamingo Bay Ln.                                                          smaeamnmuoocsmm
     Moreno Valley, California 92553
                                                                                           OCT 172023
     Telephone: (815) 600-2550


                                                                                     'n‘     .   -      .DE'UlI


                                     SUPERIOR COURT OF CALIFORNIA

                                        COUNTY OF SAN BERNARDINO

     ALEJANDRO ODEH LARA,                                        Case No.2 CIVDSI823772

                       Plaintiff,


ll   vs.                                                         DECLARATION 0F ALI ODEH 1N
                                                                 SUPPORT OF EX PARTE APPLICATION
12   LYNGLADEN FERNANDEZ,            DDS. ET. AL                 FOR AN ORDER SHORTENING TIME
l3
                                                                 TO HEAR MOTION FOR LEAVE TO
                       Defendants.                               AMEND COMPAINT; MOTION FOR
l4                                                               LEAVE TO WITHDRAW AND
                                                                 AMENDMENT TO DEEMED
15                                                               ADMISSIONS; AND MOTION T0 SET
                                                                 ASIDE AND VACATE SUMMARY
                                                                 JUDGMENT AND SET NEW TRIAL

18
                                                                 EX PARTE HEARING:
l9
                                                                 Date: OCTOBER 19, 2023
                                                                 Time:   8:30 A.M.
20                                                               Dept:   S31

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                                        DECLARATION OF ALI ODEH
23


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     I   Ali Odeh, declare as follows in support of Plaintiff‘s ex parte application for an order


25   shortening time to hear:

26   ///
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     ///
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                                                        -1   .



                     EX PARTE APPLICATION EX PARTE APPLICATION TO SHORTEN TIME TO HEAR
     1.         I   am   the Plaintiff in the above-entitled action.           I    have personal knowledge of all the                       facts


     stated herein,       and   if called to testify as a    sworn witness,             I   could and would competently testify to


     them.


     2.         This application      is   necessary to have the Motions (Motion for Leave to                               Amend

     Complaint; Motion for Leave to Withdraw and                         Amendment            to    Deemed Admissions; and Motion

     to Set   Aside and Vacate Summary Judgment and Set                        New          Trial) heard before the January 9,


     2024     trial date.   Further, these Motions, or each of them, are likely to alter the                               trial   date if granted


     by    the Court. For specific example, the fraud allegations detailed in Plaintiff” s                                   Motion     to Set



ll
     Aside and Vacate           Summary Judgment and           Set a     New    Trial, will activate             an additional three-year


12   period to bring this action to          trial.   In addition,   I   scheduled the hearings on these motions and

l3   subsequently filed and served the motions as soon as possible after they were prepared.                                             I   served

l4
     the   moving papers by         electronic mail to notify the Defendants as soon as possible.                                  However,
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     because of the Court’s calendar and the fact that the                    trial is       approaching, time did not allow for


     notice per      Code of Civ.     Proc. § 1005 for the      Motion        for       Leave      to   Amend.

18   3.        I    served the moving papers l6 coun days before the hearing, but due to the papers being


19   served by electronic mail, an additional two days are required to complete the service. This

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     means     that the earliest date (he        motion could be heard             is   October         l8,   2023.   I   was informed by         the
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     Court that alternative dates approached near the                    trial date.        Further, these motions             must be heard
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     as soon as possible to determine the impact               on the currently scheduled                      trial date.
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24   4.        The Motions        for leave to    withdraw and       to set aside           and vacate the summary judgment

25   were served per Code of Civil Procedure                                                                     on these motions
                                                             § 1005, but the date for hearing                                                is


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     currently set for      November       6,   2023. This ex parte application                is   to ensure the         motions are heard
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     at the earliest date available for the           Court and the parties involved.
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                                                                     -2-

                         EX PARTE APPLICATION EX PARTE APPLICATION TO SHORTEN TIME TO HEAR