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1 NORDSTRANDBLACK PC
Renee J. Nordstrand, Bar No. 139412
2 Douglas M. Black, Bar No. 295556
Matthew M. Morrison, Bar No. 280825
3 33 W. Mission Street, Suite 206
Santa Barbara, CA 93101
4 (805) 962-2022
5 Attorney for Plaintiff,
Rogelio Julian
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA BARBARA
10
11 ROGELIO JULIAN, ) Case No.: 22CV04181
)
12 Plaintiff, )
) DECLARATION OF MATTHEW M.
13 vs. ) MORRISON IN SUPPORT OF
) PLAINTIFF’S EX PARTE APPLICATION
14 JOHN L. BUNCE, ELIZABETH N. BUNCE, ) TO REQUEST JURY TRIAL AND RELIEF
GIFFIN & CRANE GENERAL )
15 CONTRACTORS LLC, ANCHOR HEATING ) [Filed concurrently with Plaintiff’s Ex Parte
AND AIR CONDITIONING, INC., and ) Application To Request Jury Trial and Relief
16 DOES 1 through 40, inclusive, ) From Any Waiver]
)
17 ) Date: February 15 2024
Defendants. 8:30 a.m.
) Time:
18 ) Dept.: 3
) Judge: Hon. Thomas P. Anderle
19 ) Action Filed: October 24, 2022
) Trial Date: February 28, 2024
20 )
AND RELATED CROSS-ACTION. )
21 )
)
22 )
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1
DECLARATION OF MATTHEW M. MORRISON
1 DECLARATION OF MATTHEW M. MORRISON
2 I, Matthew Morrison, hereby declare as follows:
3 1. I am an attorney duly licensed to practice law before all the courts in the State of
4
California. My law firm, NordstrandBlack PC, is counsel of record for Plaintiff in the above-
5
entitled action.
6
2. I have been directly involved in this case and am familiar with the facts,
7
proceedings, pleadings, and discovery completed in this action. I have personal knowledge of
8
the facts set forth in this Declaration and if called as a witness, I could and would competently
9
testify to the following facts from my own personal knowledge.
10
11 3. I am aware of the requirements set forth in Cal. Civ. Code § 631 concerning jury
12 fees. A calendaring error in our office caused Plaintiff’s counsel to inadvertently fail to post
13 jury fees prior to or on the date of the first Case Management Conference in this matter.
14 4. Upon discovering the oversight, our co-counsel at PARRIS Law Firm
15 immediately posted the required jury fees.
16 5. Plaintiff is demanding a jury trial, and Plaintiff’s counsel did not intend to waive
17
Plaintiff’s right to a jury trial by inadvertently failing to post jury fees prior to or on the date of
18
the first Case Management Conference.
19
I declare under penalty of perjury under the laws of the State of California that the
20
foregoing is true and correct.
21
Executed this 13th day of February 2024, in Santa Barbara, California.
22
23
24 ______________________________
25 Matthew Morrison
2
DECLARATION OF MATTHEW M. MORRISON
1
PROOF OF SERVICE
2 1013A(3) CCP Revised 5/l/88
3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
4 I am employed in the County of Los Angeles, State of California. I am over the age of l8
and not a party to the within action; my business address is: 43364 10th Street West, Lancaster,
5 California 93534.
6 On February 13, 2024, I served the foregoing document described as DECLARATION OF
MATTHEW M. MORRISON IN SUPPORT OF PLAINTIFF'S REQUEST FOR JURY TRIAL AND RELIEF
7 by placing a true copy thereof enclosed in sealed envelopes addressed as follows:
8
Michael E. Gallagher, Esq Counsel for Defendant ANCHOR
9 Lisa M. Stevenson, Esq HEATING & AIR CONDITIONING,
Caroline B. Fawley, Esq INC.
10 EDLIN GALLAGHER HUIE +
BLUM
11 515 S. Flower Street, Suite 1020
Los Angeles, CA 90071
12 Telephone: (213) 412-2661
Facsimile: (213) 652-1992
13 Email: mgallagher@eghblaw.com
lstevenson@eghblaw.com
14 cfawley@eghblaw.com
15 Kevin P. Kennedy, Esq. Counsel for Defendant/Cross-
Erica L. Sandler, Esq. Complaint GRIFFIN & CRANE
16 KENNEDY & SOUZA, APC GENERAL CONTRACTORS, LLC
7964 Arjons Drive, Suite I
17 San Diego, CA 92126
Phone: (858) 267-4127
18 Fax: (858) 267-4128
Email:
19 kkennedy@kennedysouza.com
esandler@kennedysouza.com
20 dthomas@kennedysouza.com
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1 [ X ] BY ELECTRONIC TRANSMISSION: By emailing the document(s) listed
above to the parties in this action using the email addresses identified above based on a
2 court order or an agreement of the parties to accept service by electronic transmission. No
electronic message or other indication that the transmission was unsuccessful was received
3 within a reasonable time after the transmission.
4 Executed on February 13, 2024, at Payson, Arizona.
5
[ X ] I declare under penalty of perjury under the laws of the State of California that the above
6 is true and correct.
7
8 ___________________________
9 Kathy McCabe
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Preview
1 NORDSTRANDBLACK PC Renee J. Nordstrand, Bar No. 139412 2 Douglas M. Black, Bar No. 295556 Matthew M. Morrison, Bar No. 280825 3 33 W. Mission Street, Suite 206 Santa Barbara, CA 93101 4 (805) 962-2022 5 Attorney for Plaintiff, Rogelio Julian 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA BARBARA 10 11 ROGELIO JULIAN, ) Case No.: 22CV04181 ) 12 Plaintiff, ) ) DECLARATION OF MATTHEW M. 13 vs. ) MORRISON IN SUPPORT OF ) PLAINTIFF’S EX PARTE APPLICATION 14 JOHN L. BUNCE, ELIZABETH N. BUNCE, ) TO REQUEST JURY TRIAL AND RELIEF GIFFIN & CRANE GENERAL ) 15 CONTRACTORS LLC, ANCHOR HEATING ) [Filed concurrently with Plaintiff’s Ex Parte AND AIR CONDITIONING, INC., and ) Application To Request Jury Trial and Relief 16 DOES 1 through 40, inclusive, ) From Any Waiver] ) 17 ) Date: February 15 2024 Defendants. 8:30 a.m. ) Time: 18 ) Dept.: 3 ) Judge: Hon. Thomas P. Anderle 19 ) Action Filed: October 24, 2022 ) Trial Date: February 28, 2024 20 ) AND RELATED CROSS-ACTION. ) 21 ) ) 22 ) ) 23 ) ) 24 ) 25 1 DECLARATION OF MATTHEW M. MORRISON 1 DECLARATION OF MATTHEW M. MORRISON 2 I, Matthew Morrison, hereby declare as follows: 3 1. I am an attorney duly licensed to practice law before all the courts in the State of 4 California. My law firm, NordstrandBlack PC, is counsel of record for Plaintiff in the above- 5 entitled action. 6 2. I have been directly involved in this case and am familiar with the facts, 7 proceedings, pleadings, and discovery completed in this action. I have personal knowledge of 8 the facts set forth in this Declaration and if called as a witness, I could and would competently 9 testify to the following facts from my own personal knowledge. 10 11 3. I am aware of the requirements set forth in Cal. Civ. Code § 631 concerning jury 12 fees. A calendaring error in our office caused Plaintiff’s counsel to inadvertently fail to post 13 jury fees prior to or on the date of the first Case Management Conference in this matter. 14 4. Upon discovering the oversight, our co-counsel at PARRIS Law Firm 15 immediately posted the required jury fees. 16 5. Plaintiff is demanding a jury trial, and Plaintiff’s counsel did not intend to waive 17 Plaintiff’s right to a jury trial by inadvertently failing to post jury fees prior to or on the date of 18 the first Case Management Conference. 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 Executed this 13th day of February 2024, in Santa Barbara, California. 22 23 24 ______________________________ 25 Matthew Morrison 2 DECLARATION OF MATTHEW M. MORRISON 1 PROOF OF SERVICE 2 1013A(3) CCP Revised 5/l/88 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 4 I am employed in the County of Los Angeles, State of California. I am over the age of l8 and not a party to the within action; my business address is: 43364 10th Street West, Lancaster, 5 California 93534. 6 On February 13, 2024, I served the foregoing document described as DECLARATION OF MATTHEW M. MORRISON IN SUPPORT OF PLAINTIFF'S REQUEST FOR JURY TRIAL AND RELIEF 7 by placing a true copy thereof enclosed in sealed envelopes addressed as follows: 8 Michael E. Gallagher, Esq Counsel for Defendant ANCHOR 9 Lisa M. Stevenson, Esq HEATING & AIR CONDITIONING, Caroline B. Fawley, Esq INC. 10 EDLIN GALLAGHER HUIE + BLUM 11 515 S. Flower Street, Suite 1020 Los Angeles, CA 90071 12 Telephone: (213) 412-2661 Facsimile: (213) 652-1992 13 Email: mgallagher@eghblaw.com lstevenson@eghblaw.com 14 cfawley@eghblaw.com 15 Kevin P. Kennedy, Esq. Counsel for Defendant/Cross- Erica L. Sandler, Esq. Complaint GRIFFIN & CRANE 16 KENNEDY & SOUZA, APC GENERAL CONTRACTORS, LLC 7964 Arjons Drive, Suite I 17 San Diego, CA 92126 Phone: (858) 267-4127 18 Fax: (858) 267-4128 Email: 19 kkennedy@kennedysouza.com esandler@kennedysouza.com 20 dthomas@kennedysouza.com 21 22 23 24 25 26 27 28 1 [ X ] BY ELECTRONIC TRANSMISSION: By emailing the document(s) listed above to the parties in this action using the email addresses identified above based on a 2 court order or an agreement of the parties to accept service by electronic transmission. No electronic message or other indication that the transmission was unsuccessful was received 3 within a reasonable time after the transmission. 4 Executed on February 13, 2024, at Payson, Arizona. 5 [ X ] I declare under penalty of perjury under the laws of the State of California that the above 6 is true and correct. 7 8 ___________________________ 9 Kathy McCabe 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28