Motion-Secondary: Mark Sellars et al vs Patrick Leahy et al

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                                LAW   OFFICES   OF
                          McCARTHY        & KROES                         ELECTRONICALLY FILED
                    125    E. VICTORIA STREET, SUITE      A               Superior Court of California
                          SANTA BARBARA, CA 93101                         County of Santa Barbara
                                (805) 564-2085,                           Darrel E. Parker, Executive Officer
                                                                          7/11/2023 1:57 PM
                                                                          By: Sarah Sisto , Deputy
            R. Chris Kroes, SBN      134935



            Attorneys for Defendants: CHANNE COLES, THE LAW OFFICE OF CHANNE G. COLES, a
            California corporation


                                     SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                           FOR THE COUNTY OF SANTA BARBARA

       10

       11     MARK SELLARS, individually and as Trustee                CASE NO.: 20CV04132
              of the Rosemary Fee Trust u/d/t dated
 ae
       12     September 13, 2000, and REBECCA             MORIN,       OBJECTIONS TO DECLARATION                OF
na                                                                     DAVID TAPPEINER
o5<           Conservator of the Estate and Person of
Bao    13
              Rosemary Free Leahy,
os
nee    14
ZOg
ERa                                      Plaintiffs,
“eld
a      15            and remains so today. Accordingly, the
Bui <
auS
  az
          16            statute of limitations prescribed under CCP
                        Section 340.6 has been tolled suring (sic)
          17            such period. The demurrer filed by the
                        Coles’ Defendants conveniently omits the
          18            fact that the statutory period for commencing
                        a professional negligence action is tolled
          19
                        when the plaintiff is under a legal or physical
          20            disability that restricts the plaintiff's ability
                        to commence legal action (CCP Section
          21            340.6(a)(4) as is the case here.”

          22
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               Dated: July   \\ , 2023                                       McCARTHY & KROES
          23

          24
          25
                                                                    By       BWM
                                                                             R. CHRIS KROES
                                                                                                 i

                                                                             Attorneys for Defendants
          26                                                                 CHANNE COLES and THE LAW OFFICE OF
                                                                             CHANNE G. COLES.
          27                                                                 a California corporation
          28
                                                                         3
                                                       OBJECTIONS   TO DECLARATION
Case Name: Sellars v. Leahy, et al.
            Case No.: 20CV04132

                                                      PROOF   OF SERVICE

                    I am employed in the county of Santa Barbara, State of California. I am over the age of 18
            years of age and am not a party to the within action; my business address is 125 E. Victoria Street,
            Suite A, Santa Barbara, California.

                    On the date set forth below, I served the foregoing documents entitled:

                              OBJECTIONS TO DECLARATION                 OF DAVID TAPPEINER

            on all interested parties in said action by:

                  X__ (MAIL) By placing a true copy thereof enclosed in a sealed envelope for each
       10             person(s) named below, addressed as set forth immediately below the respective
       11             name(s), with postage thereon fully prepaid as first-class mail. I deposited the same in
                      a mailing facility regularly maintained by the United States Post Office for the mailing
       12             of letter(s) at my above-stated place of business.