Preview
Michael C. Parme (Bar No. 261719)
mparme@hbblaw. corn
Stevie B. Baris (Bar No. 287708)
sbaris hbblaw, corn
HAIGHT BROWN & BONESTEEL LLP
edocs hbblaw. corn
402 West Broadway, Suite 1850
San Diego, CA 92101
Telephone: 619.595.5583
Facsimile: 619.595.7873
Attorneys for Defendant
JACOB JOHN SONGER dba
INFERNO GUARD
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF NAPA
12
13 JAMES RAYMOND, Case No. 21CV001225
an individual,
14 DECLARATION OF TONY ARCE IN
SUPPORT OF DEFENDANT JACOB
15 Plaintiff, JOHN SONGER dba INFERNO GUARD'S
OPPOSITION TO PLAINTIFF JAMES
16 RAYMOND 3S NOTICE OF MOTION
AND MOTION TO STRIKE OR TAX
17 COSTS
18 JACOB JOHN SONGER, an individual, dba [Filed Concurrently with Opposition to Notice
INFERNO GUARD and DOES 1 through 50, ofMotion and Motion to Strike or Tax Costs;
19 inclusive, and Declaration of Stevie B. Baris]
20 Date: October 31, 2023
Defendants. Time: 8:30 a.m.
21 Dept: A
22
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DECLARATION OF TONY ARCE
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I, Tony Arce, declare as follows:
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1. 1 am the Office Services/Records Clerk at the San Diego Office, located at 402
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West Broadway, Suite 1850,. San Diego, California 92101, of the law firm of Haight Brown &
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Bonesteel LLP, counsel for defendant Jacob John Songer dba Inferno Guard (" defendant" ) in the
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Nw00-0000034 ARCE DECLARATION IN SUPPORT OF DEFENDANT'S OPPOSITION TO
14663609.1 PLAINTIFF'S MOTION TO STRIKE OR TAX COSTS
above-captioned action. I have been employed, full-time in this role for the last one year and five
months. In this role I handle aB incoming physical and electronic mail, and profile documents into
the electronic records database of Haight Brown and Bonesteel LLP. I have personal knowledge
of the facts set forth in this declaration and, if called as a witness, could and would testify
competently to such facts under oath.
2. On Friday, September 15, 2023 I received this Court's Notice of Entry of Judgment
in the matter of Raymond v. Songer, Napa County Superior Court Case No. 21CV001225, at the
San Diego Office of Haight Brown and Bonesteel LLP, in conjunction with the regular, daily
delivery of U.S. Mail to the San Diego Office of Haight Brown and Bonesteel LLP.
10 3. In accordance with the regular business practices of Haight Brown and Bonesteel
LLP, as well as my own personal practice as the Office Services/Records Clerk at the San Diego
12 Office, I opened the envelope containing the Notice of Entry of Judgment— showing a return
13 address of the Napa Superior Court, located at 825 Brown Street in Napa, California— and placed
14 a "Received" stamp on the envelope indicating the date on which the documents contained inside
15 that envelope were received. Once stamped, I placed a Kwiktag label on the documents and added
16 the firm's client matter number under the Kwiktag label. I then scanned these documents into the
17 law firm's electronic database. The envelope which contained this Court's Notice of Entry of
18 Judgment in this matter, is stamped with a "received" date of September 15, 2023 (I e., the stamp
19 states "SEP. 15 2023"). This is the practice I have used with all incoming physical mail received
20 at the San Diego Office of Haight Brown & Bonesteel LLP during my employment with the firm.
21 A true and correct copy of the envelope containing the Notice of Entry of Judgment, showing the
22 "received" stamp, and each of the documents contained therein, is attached hereto as "Exhibit l."
23 4. Based upon my experience, training and knowledge, including but not limited to
24 my time employed as the Office Services/Records Clerk at the San Diego Office of Haight Brown
25 & Bonesteel LLP, it is my understanding that, after I scan the documents and other items received
26 at the San Diego Office via U.S. Mail each business day, that these documents are subsequently
27 electronically distributed to the attorney(s) assigned to each file that same evening.
28
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~08-0%%74 ARCE DECLARATION IN SUPPORT OF DEFENDANT S OPPOSITION TO
1466368 a I PLAINTIFF'S MOTION TO STRIKE OR TAX COSTS
Executed on this ~6th day of October 2023, at San Diego, California. 1 declare under
penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tony e
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~08-0000074 ARCE DECLARATION IN SUPPORT OF DEFENDANT S OPPOSITION TO
14663689.1 PLAINTIFF'S MOTION TO STRIKE OR TAX COSTS
EXHIBIT 1
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SUPERIOR COURT CALIFORNIA
COUNTY OF NAPA
James RaymOnd Plaintiff Case Np 21CV001225
vs NOTICE OF ENTRY OF JUDGEMENT
Jacob John Songer On Verdict
To:
Michael Rupprecht Michael Cullen Parme
GVM Law LLP 402 W. Broadway
1000 Main Street, Suite 300 STE 1850
Napa, CA 94559 San Dieqo, CA 92101
See Page Two for additional addresses
YOU AND EACH OF YOU WILL PLEASE TAKE NOTICE Judgment was entered in the above-
entitled action on 08/31/2023 Attached hereto is a true and accurate copy of
that judgment. This notice is given pursuant to court order (CCP 664.5).
FURTHER TAKE NOTICE that under the provisions of the Code of Civil Procedure section 1952,
if no appeal is filed, the court may order the exhibits
destroyed or otherwise disposed of after 60
days from the expiration of the appeal time
CERTIFICATE OF MAILING
co i of the foregoing notices were mailed (first class postage pre-paid)
in
on this date.
h,
Iceitifylhallamnotapartylol h'iscausean that
a copies
N, e o
sealed envelopes, addresses es shown, in apa, California
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executed in Napa, Cali f omia,
on this date and this certificate is mia,
pete, 08/31/2023
Rob
By:
SUPERIOR COURT OF CALIFORNIA
FlLEO
COUNTY OF NAPA AUG S I )023
James Raymond
Plaintiff
21 CV001 225
vs.
JllnGMENT ON VERDICT
Jacob John Songer .. General
Defendant Special
This action came on regularly for Jury Trial on
of the above-entitled Court, the Honorable y"'"'" in Courtroom
presiding.
Attorney 'PP'ppearing on behalf of the Plaintiff and Attorney
Michaei Harme appearing on behalf of the Defendants.
A jury consisting of ~siva lt2) jurors and hNO (2) alternate(s) was impaneled
and sworn to try the cause. Witnesses were sworn and testified. After hearing
evidence and arguments of counsel, the jury was instructed by the Court
concerning the issues of the case and the cause was then submitted to the jury
with directions to return its j General Verdict 9)Special Verdict.
',
The jury deliberated and thereafter returned into the Court with its X General
Verdict Special Verdict which was in words as follows:
(See attached copy of Verdict)
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:
Judgment shall be entered
Complaint.
in favor of 'nd against " 's to the
Defendant shall be awarded costs pursuant to cost bill to be filed at a
later date.
~I ''2-3
Date:
Cy th( P. S ith
~
Judge of the Napa Superior Court
FiLED
AUG 3/ 2P23
g CUD'/s~
)
Verdict Form
We answer the questions submitted to us as follows:
l. QDI ~eagaymond own the property?
No
swer to question I is "Yes," then answer question 2,
If you answered "No," stop here, answer no further questions, and have the
presiding juror sign and date this form.
2. Did Jacob Songer, negligently enter James Raymond's property and damage trees
X'
. Songer admits he negligently entered Mr. Raymond's property, please
answer "Yes," and proceed to question 3.
3. Did James Raymond give . on r permission to cut down trees?
Yes
If your answer to question 3 is "No," then answer question 4.
If you answered "Yes," stop here, answer no further questions, and have the
presiding juror sign and date this form.
Damaaes
5. What are James Raymond's damages?
Past Economic Damaaes
a. Value of Trees
Total Past Fconomic Damages: $
Past Non-Eccnomic Damaaes
b. Annoyance and Discomfort
c. Loss of Aesthetic Value and Functionality of
The Trees
Total Non-Economic Damages: $
TOTAL (add Total Non-Economic $
Damages and Total Past Economic
Damages)
After this verdict form has been signed, notify the clerk that you are ready to present your verdict
in the courtroom.
Preview
Michael C. Parme (Bar No. 261719) mparme@hbblaw. corn Stevie B. Baris (Bar No. 287708) sbaris hbblaw, corn HAIGHT BROWN & BONESTEEL LLP edocs hbblaw. corn 402 West Broadway, Suite 1850 San Diego, CA 92101 Telephone: 619.595.5583 Facsimile: 619.595.7873 Attorneys for Defendant JACOB JOHN SONGER dba INFERNO GUARD 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF NAPA 12 13 JAMES RAYMOND, Case No. 21CV001225 an individual, 14 DECLARATION OF TONY ARCE IN SUPPORT OF DEFENDANT JACOB 15 Plaintiff, JOHN SONGER dba INFERNO GUARD'S OPPOSITION TO PLAINTIFF JAMES 16 RAYMOND 3S NOTICE OF MOTION AND MOTION TO STRIKE OR TAX 17 COSTS 18 JACOB JOHN SONGER, an individual, dba [Filed Concurrently with Opposition to Notice INFERNO GUARD and DOES 1 through 50, ofMotion and Motion to Strike or Tax Costs; 19 inclusive, and Declaration of Stevie B. Baris] 20 Date: October 31, 2023 Defendants. Time: 8:30 a.m. 21 Dept: A 22 23 DECLARATION OF TONY ARCE 24 I, Tony Arce, declare as follows: 25 1. 1 am the Office Services/Records Clerk at the San Diego Office, located at 402 26 West Broadway, Suite 1850,. San Diego, California 92101, of the law firm of Haight Brown & 27 Bonesteel LLP, counsel for defendant Jacob John Songer dba Inferno Guard (" defendant" ) in the 28 1 Nw00-0000034 ARCE DECLARATION IN SUPPORT OF DEFENDANT'S OPPOSITION TO 14663609.1 PLAINTIFF'S MOTION TO STRIKE OR TAX COSTS above-captioned action. I have been employed, full-time in this role for the last one year and five months. In this role I handle aB incoming physical and electronic mail, and profile documents into the electronic records database of Haight Brown and Bonesteel LLP. I have personal knowledge of the facts set forth in this declaration and, if called as a witness, could and would testify competently to such facts under oath. 2. On Friday, September 15, 2023 I received this Court's Notice of Entry of Judgment in the matter of Raymond v. Songer, Napa County Superior Court Case No. 21CV001225, at the San Diego Office of Haight Brown and Bonesteel LLP, in conjunction with the regular, daily delivery of U.S. Mail to the San Diego Office of Haight Brown and Bonesteel LLP. 10 3. In accordance with the regular business practices of Haight Brown and Bonesteel LLP, as well as my own personal practice as the Office Services/Records Clerk at the San Diego 12 Office, I opened the envelope containing the Notice of Entry of Judgment— showing a return 13 address of the Napa Superior Court, located at 825 Brown Street in Napa, California— and placed 14 a "Received" stamp on the envelope indicating the date on which the documents contained inside 15 that envelope were received. Once stamped, I placed a Kwiktag label on the documents and added 16 the firm's client matter number under the Kwiktag label. I then scanned these documents into the 17 law firm's electronic database. The envelope which contained this Court's Notice of Entry of 18 Judgment in this matter, is stamped with a "received" date of September 15, 2023 (I e., the stamp 19 states "SEP. 15 2023"). This is the practice I have used with all incoming physical mail received 20 at the San Diego Office of Haight Brown & Bonesteel LLP during my employment with the firm. 21 A true and correct copy of the envelope containing the Notice of Entry of Judgment, showing the 22 "received" stamp, and each of the documents contained therein, is attached hereto as "Exhibit l." 23 4. Based upon my experience, training and knowledge, including but not limited to 24 my time employed as the Office Services/Records Clerk at the San Diego Office of Haight Brown 25 & Bonesteel LLP, it is my understanding that, after I scan the documents and other items received 26 at the San Diego Office via U.S. Mail each business day, that these documents are subsequently 27 electronically distributed to the attorney(s) assigned to each file that same evening. 28 2 ~08-0%%74 ARCE DECLARATION IN SUPPORT OF DEFENDANT S OPPOSITION TO 1466368 a I PLAINTIFF'S MOTION TO STRIKE OR TAX COSTS Executed on this ~6th day of October 2023, at San Diego, California. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tony e 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 ~08-0000074 ARCE DECLARATION IN SUPPORT OF DEFENDANT S OPPOSITION TO 14663689.1 PLAINTIFF'S MOTION TO STRIKE OR TAX COSTS EXHIBIT 1 c III 5 x m iW 2g0 'P 8m .&Q 0 m 0 n 0X Z FIRST- CLASS mlitt";: O ON ON- o W IO 0 Cn Co 4l g o 00 N V O SUPERIOR COURT CALIFORNIA COUNTY OF NAPA James RaymOnd Plaintiff Case Np 21CV001225 vs NOTICE OF ENTRY OF JUDGEMENT Jacob John Songer On Verdict To: Michael Rupprecht Michael Cullen Parme GVM Law LLP 402 W. Broadway 1000 Main Street, Suite 300 STE 1850 Napa, CA 94559 San Dieqo, CA 92101 See Page Two for additional addresses YOU AND EACH OF YOU WILL PLEASE TAKE NOTICE Judgment was entered in the above- entitled action on 08/31/2023 Attached hereto is a true and accurate copy of that judgment. This notice is given pursuant to court order (CCP 664.5). FURTHER TAKE NOTICE that under the provisions of the Code of Civil Procedure section 1952, if no appeal is filed, the court may order the exhibits destroyed or otherwise disposed of after 60 days from the expiration of the appeal time CERTIFICATE OF MAILING co i of the foregoing notices were mailed (first class postage pre-paid) in on this date. h, Iceitifylhallamnotapartylol h'iscausean that a copies N, e o sealed envelopes, addresses es shown, in apa, California i executed in Napa, Cali f omia, on this date and this certificate is mia, pete, 08/31/2023 Rob By: SUPERIOR COURT OF CALIFORNIA FlLEO COUNTY OF NAPA AUG S I )023 James Raymond Plaintiff 21 CV001 225 vs. JllnGMENT ON VERDICT Jacob John Songer .. General Defendant Special This action came on regularly for Jury Trial on of the above-entitled Court, the Honorable y"'"'" in Courtroom presiding. Attorney 'PP'ppearing on behalf of the Plaintiff and Attorney Michaei Harme appearing on behalf of the Defendants. A jury consisting of ~siva lt2) jurors and hNO (2) alternate(s) was impaneled and sworn to try the cause. Witnesses were sworn and testified. After hearing evidence and arguments of counsel, the jury was instructed by the Court concerning the issues of the case and the cause was then submitted to the jury with directions to return its j General Verdict 9)Special Verdict. ', The jury deliberated and thereafter returned into the Court with its X General Verdict Special Verdict which was in words as follows: (See attached copy of Verdict) NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: Judgment shall be entered Complaint. in favor of 'nd against " 's to the Defendant shall be awarded costs pursuant to cost bill to be filed at a later date. ~I ''2-3 Date: Cy th( P. S ith ~ Judge of the Napa Superior Court FiLED AUG 3/ 2P23 g CUD'/s~ ) Verdict Form We answer the questions submitted to us as follows: l. QDI ~eagaymond own the property? No swer to question I is "Yes," then answer question 2, If you answered "No," stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Did Jacob Songer, negligently enter James Raymond's property and damage trees X' . Songer admits he negligently entered Mr. Raymond's property, please answer "Yes," and proceed to question 3. 3. Did James Raymond give . on r permission to cut down trees? Yes If your answer to question 3 is "No," then answer question 4. If you answered "Yes," stop here, answer no further questions, and have the presiding juror sign and date this form. Damaaes 5. What are James Raymond's damages? Past Economic Damaaes a. Value of Trees Total Past Fconomic Damages: $ Past Non-Eccnomic Damaaes b. Annoyance and Discomfort c. Loss of Aesthetic Value and Functionality of The Trees Total Non-Economic Damages: $ TOTAL (add Total Non-Economic $ Damages and Total Past Economic Damages) After this verdict form has been signed, notify the clerk that you are ready to present your verdict in the courtroom.