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John G. Michael #106107
Diane E. Codemiz #279458 E-FILED
BAKER MANOCK & JENSEN, PC 4/17/2019 10:55 AM
5260 North Palm Avenue, Fourth Floor
Superior Court of California
Fresno, California 93704
County of Fresno
Telephone: 559.432.5400
Facsimile: 559.432.5620 By: M. Sanchez, Deputy
Gail B. Price #185968
BRONWEN PRICE, APC
2600 Mission Street, Suite 206
San Marino, California 91108
Telephone: 626.799.7800
Facsimile: 626.799.7990
Attorneys for Defendant and Cross-Complainant Vallarta Properties, LLC
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF FRESNO
12
13 BOB VLAHOPOULIOTIS, an individual, CASE No. 12CECG04030
14 Plaintiff, OBJECTION TO UNTIMELY REQUEST
FOR ORAL ARGUMENT
15 Vv
Judge: Hon. Rosemary McGuire
16 VALLARTA PROPERTIES, LLC, a Date: April 17, 2019
California Limited Liability Company; and Time: 3:30 p.m.
17 DOES 1-50, Dept.: 403
18 Defendants.
19
AND RELATED CROSS-ACTION, Action Filed: December 21, 2012
20 Trial Date: April 30, 2014
21
22 Defendant, Cross-Complainant, and Respondent Vallarta Properties, LLC
23 ("Vallarta") hereby objects to Plaintiff Bob Vlahopouliotis's ("Plaintiff") untimely and
24 procedurally incorrect request for oral argument.
25 The Court issued its Tentative Ruling on Vallarta's Petition to Confirm Arbitration
26 Award and Plaintiff's Counter-Petition to Vacate or Correct Arbitration A ward (the "Petitions") on
27 the afternoon of April 16, 2019. The Tentative Ruling, correctly in Vallarta's view, granted
28 Vallarta's petition and denied Plaintiff's.
2334835v1 / 18593.0001
OBJECTION TO UNTIMELY REQUEST FOR ORAL ARGUMENT
California Rule of Court 3.1308(a)(1) requires any party requesting oral argument to
do so (and notify the other parties) before 4:00 p.m. the day before the hearing. Plaintiff's counsel
notified V allarta's counsel of intent to appear at 5:26 p.m., via email, after the close of business, that
it intended to request oral argument.
It is apparently Plaintiff's position that the tentative ruling was not available until
after 4:00 p.m. thereby rendering timely notice impossible. That is false. V allarta's counsel received
and reviewed the tentative at approximately 3:40 p.m. Timely notice was possible, and yet Plaintiff's
notice was untimely. Plaintiff has waived the right to oral argument and the tentative ruling should
become the order of the court.
10 Because Plaintiff waived the right to oral argument, Vallarta does not intend to
11 appear at the hearing. In the event the court sees any reason to revisit the tentative in spite of
12 Plaintiff's waiver, Vallarta's counsel will appear at such oral argument as may be scheduled in the
13 future.
14 DATED: April 17, 2019 BAKER MANOCK & JENSEN, PC
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By: /s/ John G. Michael
17 John G. Michael
Diane E. Codemiz
18 Attomeys for Defendant and Cross-
Complainant Vallarta Properties, LLC
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2334835v1 / 18593.0001 2
OBJECTION TO UNTIMELY REQUEST FOR ORAL ARGUMENT
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Fresno, State of California. My business address is 5260 North Palm
Avenue, Fourth Floor, Fresno, CA 93704.
On April 17, 2019, I served true copies of the following document(s) described as
OBJECTION TO UNTIMELY REQUEST FOR ORAL ARGUMENT on the interested
parties in this action as follows:
Robert M. Gagliasso, Esq.
BUSTAMANTE & GAGLIASSO, APC
2150 Trade Zone Blvd., Ste. 204
San Jose, CA 95113
Telephone: (408) 977-1911
Fax: (408) 977-0746
10 gagliasso@boglawyers.com
11 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
persons at the addresses listed in the Service List and placed the envelope for collection and
12 mailing, following our ordinary business practices. I am readily familiar with the practice of
Baker Manock & Jensen, PC for collecting and processing correspondence for mailing. On the
13 same day that correspondence is placed for collection and mailing, it is deposited in the ordinary
course of business with the United States Postal Service, in a sealed envelope with postage fully
14 prepaid. I am a resident or employed in the county where the mailing occurred. The envelope was
placed in the mail at Fresno, California.
15
BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
16 agreement of the parties to accept service by e-mail or electronic transmission, | caused the
document(s) to be sent from e-mail address eshinen@bakermanock.com to the persons at the e-
17 mail addresses listed in the Service List. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was unsuccessful.
18
BY CM/ECF NOTICE OF ELECTRONIC FILING: | electronically filed the
19 document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case
who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case
20 who are not registered CM/ECF users will be served by mail or by other means permitted by the
court rules.
21
I declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct.
23 Executed on April 17, 2019, at Fresno, California.
24
25 /s/ Elena V. Shinen
Elena V. Shinen
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27
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2334835v1 / 18593.0001 1
OBJECTION TO UNTIMELY REQUEST FOR ORAL ARGUMENT
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John G. Michael #106107 Diane E. Codemiz #279458 E-FILED BAKER MANOCK & JENSEN, PC 4/17/2019 10:55 AM 5260 North Palm Avenue, Fourth Floor Superior Court of California Fresno, California 93704 County of Fresno Telephone: 559.432.5400 Facsimile: 559.432.5620 By: M. Sanchez, Deputy Gail B. Price #185968 BRONWEN PRICE, APC 2600 Mission Street, Suite 206 San Marino, California 91108 Telephone: 626.799.7800 Facsimile: 626.799.7990 Attorneys for Defendant and Cross-Complainant Vallarta Properties, LLC 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF FRESNO 12 13 BOB VLAHOPOULIOTIS, an individual, CASE No. 12CECG04030 14 Plaintiff, OBJECTION TO UNTIMELY REQUEST FOR ORAL ARGUMENT 15 Vv Judge: Hon. Rosemary McGuire 16 VALLARTA PROPERTIES, LLC, a Date: April 17, 2019 California Limited Liability Company; and Time: 3:30 p.m. 17 DOES 1-50, Dept.: 403 18 Defendants. 19 AND RELATED CROSS-ACTION, Action Filed: December 21, 2012 20 Trial Date: April 30, 2014 21 22 Defendant, Cross-Complainant, and Respondent Vallarta Properties, LLC 23 ("Vallarta") hereby objects to Plaintiff Bob Vlahopouliotis's ("Plaintiff") untimely and 24 procedurally incorrect request for oral argument. 25 The Court issued its Tentative Ruling on Vallarta's Petition to Confirm Arbitration 26 Award and Plaintiff's Counter-Petition to Vacate or Correct Arbitration A ward (the "Petitions") on 27 the afternoon of April 16, 2019. The Tentative Ruling, correctly in Vallarta's view, granted 28 Vallarta's petition and denied Plaintiff's. 2334835v1 / 18593.0001 OBJECTION TO UNTIMELY REQUEST FOR ORAL ARGUMENT California Rule of Court 3.1308(a)(1) requires any party requesting oral argument to do so (and notify the other parties) before 4:00 p.m. the day before the hearing. Plaintiff's counsel notified V allarta's counsel of intent to appear at 5:26 p.m., via email, after the close of business, that it intended to request oral argument. It is apparently Plaintiff's position that the tentative ruling was not available until after 4:00 p.m. thereby rendering timely notice impossible. That is false. V allarta's counsel received and reviewed the tentative at approximately 3:40 p.m. Timely notice was possible, and yet Plaintiff's notice was untimely. Plaintiff has waived the right to oral argument and the tentative ruling should become the order of the court. 10 Because Plaintiff waived the right to oral argument, Vallarta does not intend to 11 appear at the hearing. In the event the court sees any reason to revisit the tentative in spite of 12 Plaintiff's waiver, Vallarta's counsel will appear at such oral argument as may be scheduled in the 13 future. 14 DATED: April 17, 2019 BAKER MANOCK & JENSEN, PC 15 16 By: /s/ John G. Michael 17 John G. Michael Diane E. Codemiz 18 Attomeys for Defendant and Cross- Complainant Vallarta Properties, LLC 19 20 21 22 23 24 25 26 27 28 2334835v1 / 18593.0001 2 OBJECTION TO UNTIMELY REQUEST FOR ORAL ARGUMENT PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Fresno, State of California. My business address is 5260 North Palm Avenue, Fourth Floor, Fresno, CA 93704. On April 17, 2019, I served true copies of the following document(s) described as OBJECTION TO UNTIMELY REQUEST FOR ORAL ARGUMENT on the interested parties in this action as follows: Robert M. Gagliasso, Esq. BUSTAMANTE & GAGLIASSO, APC 2150 Trade Zone Blvd., Ste. 204 San Jose, CA 95113 Telephone: (408) 977-1911 Fax: (408) 977-0746 10 gagliasso@boglawyers.com 11 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and 12 mailing, following our ordinary business practices. I am readily familiar with the practice of Baker Manock & Jensen, PC for collecting and processing correspondence for mailing. On the 13 same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully 14 prepaid. I am a resident or employed in the county where the mailing occurred. The envelope was placed in the mail at Fresno, California. 15 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an 16 agreement of the parties to accept service by e-mail or electronic transmission, | caused the document(s) to be sent from e-mail address eshinen@bakermanock.com to the persons at the e- 17 mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 18 BY CM/ECF NOTICE OF ELECTRONIC FILING: | electronically filed the 19 document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case 20 who are not registered CM/ECF users will be served by mail or by other means permitted by the court rules. 21 I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct. 23 Executed on April 17, 2019, at Fresno, California. 24 25 /s/ Elena V. Shinen Elena V. Shinen 26 27 28 2334835v1 / 18593.0001 1 OBJECTION TO UNTIMELY REQUEST FOR ORAL ARGUMENT