Preview
Michael F. Brown, Esq. (Bar No. 164593)
LAW OFFICE OF MICHAEL F. BROWN
2010 Crow Can on Place, Suite 100
San Ramon, Ca igomia394583
Fi i- E D
Tele p hone: (925 824- 101
MAY 1 6 2018
Attorneys for Defendant, - « w n .J
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ARUN RAVIDRAN av
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n.
ANWV
SUPERIOR COURT 0F THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
xxxxx xxxxxxx, as an individual CASE NO. 115CV287890
and successor in interest on behalf of the
NATVARLAL xxxxxxx,
estate of
xxxxxx xxxxxxx, as an individual, DEFENDANT’S EX PARTE
and xxxxxx xxxxxxx, as an APPLICATION FOR AN ORDER
individual, SHORTENING TIME FOR NOTICE
AND HEARING DEFENDANT’S
Plaintiffs, MOTION FOR JUDGMENT ON THE
PLEADINGS AS TO CERTAIN
vs. CAUSES OF ACTION IN
PLAINTIFFS’ COMPLAINT
ARUN RAVIDRAN, an individual, and [NEGLIGENCE, NEGLIGENCE PER
DOES 1 through 25, SE, LOSS OF CONSORTIUM, AND
SURVIVAL ACTION];
NNNNNNNNN—r—tmn—A—uu—uh—d
Defendants. MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
wflamAWNchmQQM-kri—c
MICHAEL F. BROWN, ESQ.;
PROPOSED ORDER
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[Complaint filed: 11/10/2015]
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_ TrLial: Jun‘EHGR—erlunellflom
I, MICHAEL F. BROWN, ESQ, d0 hereby declare:
1
DEFENDANT’S EX PARTE APPLICATION FOR AN ORDER SHORTENING
TIME FOR NOTICE AND HEARING DEFENDANT’S MOTION FOR
JUDGMENT 0N THE PLEADINGS AS TO CERTAIN CAUSES OF ACTION IN
PLAINTIFFS’ COMPLAINT [NEGLIGENCE, NEGLIGENCE PER SE, LOSS OF
CONSORTIUM, AND SURVIVAL ACTION]; MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF MICHAEL F. BROWN, ESQ.; PROPOSED
ORDER
1. I am an attorney licensed t0 practice law before all courts of the State 0f
California and am the attorney 0f record in this action for Defendant Arun
Ravindran.
2. This declaration is submitted as notice 0f and in support of Defendant’s Ex Parte
Application for an Order Shortening Time for notice and hearing 0f Defendant’s
@WQQUI&WNH
Motion for Judgment on the Pleadings as to certain causes of action [negligence,
negligence per se, loss 0f consortium, and survival action]. A—eepyof—this
Motiends afieehed as~ExhibitT The following facts are within my personal
knowledge, which I could competently testify t0.
3. Good Cause exists for the court to hear Defendant’s motion on shortened time as
trial is scheduled in early 0r mid-June depending upon the court’s ruling 0n
plaintiff counsel’s request for a brief continuance 0f the trial date. There is no
time to bring a regularly-scheduled noticed motion.
4. Defendant’s intended motion is authorized by California law to be brought 0n
the eve oftrial.
5. Good cause also exists for the court to hear Defendant’s motion 0n shortened
time because Defendant will be irreparably harmed and prejudiced and the court
will, respectfully, likely be subject t0 appeal, should Defendant be precluded
from proceeding with his motion.
6. Plaintiffs have brought a Complaint with causes of action that either do not
wuambWN—mefla\m&WNHc
NNNNNNNNNn—AH—H—HHHH—
apply in this action 0r evidence does not support their being brought to trial.
7. Plaintiffs allege that the husband 0f plaintiff Rehka xxxxxxx, and father 0f
plaintiffs xxxxxx and xxxxxx xxxxxxx, was killed as a pedestrian by a vehicle
driven by Defendant Ravidran.
2
DEFENDANT’S EX PARTE APPLICATION FOR AN ORDER SHORTENING
TIME FOR NOTICE AND HEARING DEFENDANT’S MOTION FOR
JUDGMENT ON THE PLEADINGS AS TO CERTAIN CAUSES OF ACTION IN
PLAINTIFFS’ COMPLAINT [NEGLIGENCE, NEGLIGENCE PER SE, LOSS OF
CONSORTIUM, AND SURVIVAL ACTION]; MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF MICHAEL F. BROWN, ESQ.; PROPOSED
ORDER
8. The decedent was Natvarlal xxxxxxx. The evidence shows that he never regained
consciousness. Therefore, plaintiffs’ cause of action for survival action has no
evidence to support it before a jury. There is also n0 evidence that any violation
of law took place. The investigating police did not cite the Defendant and the
District Attorney did not charge him with any crime. As such, plaintiffs’ cause
OWQGNUIAWNH
of action for negligence per se had n0 evidence to support it before a jury.
9. Additionally, as plaintiffs have pled a cause 0f action for Wrongful Death, they
cannot also maintain a cause of action for Negligence. Negligence is
incorporated in the Wrongful Death cause of action. Negligence is not pled
when a death results from an alleged wrongful act. Wrongful Death is pled in
such a circumstance and this is determined by California statute as are the
damages. Negligence damages do not apply, which also means that loss of
consortium damages do not apply as those damages pertain to the Negligence
cause of action and not the Wrongful Death cause of action.
10. These matters will be further addressed in Defendant’s Motion.
11.Defendant respectfully requests that the Court take Judicial Notice of plaintiffs’
filed Complaint, which is on file in this action.
12. Time will be unnecessarily wasted at trial should the afore-noted causes of
action be allowed to be argued to a jury and the issues and jury will be confused
NNNNNNNNNHn—uu—mHI—IHH
WQ¢WAMNH¢©OON¢KUIAMNH¢
and the Defendant will be prejudiced by this confusion.
l3. Plaintiffs’ counsel is Asit S. Panwala, Esq. ofthe LAW OFFICE OF ASIT
PANWALA, located at 4 Embarcadero Center, Suite 1400, San Francisco, CA
941 1 1. His telephone is (415) 766-3526.
l4. On May 12, 2018, I discussed with plaintiffs’ counsel the need for plaintiffs’
counsel to dismiss the subject causes of action in plaintiffs’ Complaint. I
3
DEFENDANT’S EX PARTE APPLICATION FOR AN ORDER SHORTENING
TIME FOR NOTICE AND HEARING DEFENDANT’S MOTION FOR
JUDGMENT ON THE PLEADINGS AS TO CERTAIN CAUSES OF ACTION IN
PLAINTIFFS’ COMPLAINT [NEGLIGENCE, NEGLIGENCE PER SE, LOSS 0F
CONSORTIUM, AND SURVIVAL ACTION]; MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF MICHAEL F. BROWN, ESQ.; PROPOSED
ORDER
discussed this again with him on May 14, 2018. On May 14, 2014, I also timely
1
faxed to him at 8:55 a.m. our notice to appear ex parte for the above-referenced
2
purpose on Wednesday, May 16, 2018, at 8:30 am in Department 6 0f the San
3
Jose Court. Said notice is attached as Exhibit 1. Opposing counsel later that day
4
e-mailed that he would oppose the ex parte.
5
I declare under penalty 0f perj ury under the laws of the State of California that the
6
foregoing is true and correct. This declaration was executed on May 15, 201 8, in
7
San Ramon, CA.
8
DATED: May 15, 2018
9
10
LAW OF OF MICHAEL F. BROWN
11
'77"
12 , 7, ,
By: /
-
'/"'/“//“
I/j
13 MI F. BROWN
Att eys f r D endant,
14 ARUN RA '
RAN
15
16
17
18
19
20
21
22
23
24
4
25 DEFENDANT’S EX PARTE APPLICATION FOR AN ORDER SHORTENING
TIME FOR NOTICE AND HEARING DEFENDANT’S MOTION FOR
26 JUDGMENT ON THE PLEADINGS AS TO CERTAIN CAUSES OF ACTION IN
PLAINTIFFS’ COMPLAINT [NEGLIGENCE, NEGLIGENCE PER SE, LOSS OF
27 CONSORTIUM, AND SURVIVAL ACTION]; MEMORANDUM 0F POINTS AND
AUTHORITIES; DECLARATION OF MICHAEL F. BROWN, ESQ.; PROPOSED
i
l 28 ORDER
EXHIBIT 1
LAW OFFICES OF
9465 Wilshire Boulevard MICHAEL F' BRO ' i I J
OfCoumel:
Suite 300 Attorneys at Law
Beverly Hills; CA 907-12 2010 Crow Canyon Place, Suite 100 Guy L031: ESQ-
San Ramon California 94583 Ross Py ’
sq'
’
Michael F. Brown, Esq. . .
Bfian O’Hara, Esq.
Office (925) 824-3101, Facsnmle (925) 824—3102
.
Roberto Jimenez, Esq-
mfbcounsel@301'com Susan Kang-Gordon, Esq.
Alex Valdez, Claims Consultant
May 14, 2018
VIA FACSIMILE
1-4 1 5-402-0058
Asit S. Panwala, Esq.
LAW OFFICE OF ASIT PANWALA
4 Embarcadero Center, Suite 1400
San Francisco, CA 94111
RE: xxxxxxx v. Ravindran et a1.
Case No. 115CV287890
Dear Mr. Panwala:
This correspondence follows communications t0 you, this past
our
weekend, wherein I advised you that you should dismiss plaintiffs’ causes of
action for negligence and negligence per se as they do not apply in this case.
Plaintiffs have pled a cause of action for wrongful death, which includes
negligence and applies when a death is the result of the alleged negligence. I also
provided to you the statutory authority. There is also no evidence to support
negligence per se and a survival action. I further informed you that I would appear
ex parte to seek an order shortening time for the court to hear defendant’s motion
to dismiss these causes of action if you did not dismiss them. To date you have not
agreed to dismiss these causes of action. Therefore, please find this notice that we
intend to appear ex parte on Wednesday, May l6, 2018, in Department 6 of the
San Jose Court at 191 N. First Street, to seek an order shortening time for the court
to hear our motion to dismiss plaintiffs’ causes of action for negligence,
negligence per se and survival action.
HP Color LaserJet MFP M277c6
Fax Confirmation
May—14-2018 8:56AM
Job Date Time Type Identification Duration Pages Result
1873 5/14/2018 8:55:17AM Send 14154020058 1:04 1 0K
LAW OFFICES OF
9465 wash“ Boulevard MICHAEL F. BROWN Of Commi-
Suite 300 Attorneys at Law
Beverly Hills, CA 90212 2010 Crow Canyon Place, Suite 100 Guy Louie, Esq.
Ross Pytlik, Esq.
San Ramon, California 94583
Michael F. Brown, Esq. Brian O’Hara, Esq.
Office (925) 824-3101; Facsimile (925) 824-3102
Roberto Jimenez, Esq.
mfbcounsel@aol.com Susan Kang—Gordon, Esq.
Alex Valdez, Claims Consultant
May 15,2018
VIA FAC SIMILE
1-41 5-402-0058
Asit S. Panwala, Esq.
LAW OFFICE OF ASIT PANWALA
4 Embarcadero Center, Suite 1400
San Francisco, CA 941 ll
RE: xxxxxxx v. Ravindran et a1.
Case No. 115CV287890
Dear Mr. Panwala:
As loss of consortium is a negligence damage and not a wrongful death
damage, we will also seek to have that cause of action dismissed. We will be
seeking a judgment on the pleadings to dismiss the causes of action 0f negligence,
negligence per of consortium, and survival action. Our ex parte, as you
se, loss
know, which will be tomorrow at 8:30 a.m. in Department 6 of the San Jose court,
will be as previously stated to you for an order shortening time for the court to
hear our motion for a judgment on the pleadings to dismiss the causes of action we
have stated to you.
HP Color LaserJet MFP M277c6
Fax Confirmation .
May-15-2018 9:25AM
Job Date T1 me Type Identi f1 cat1' on Durati on Pages Resu1 t
1878 5/15/2018 9:23:50AM Send 14154020058 1:04 l 0K
PROOF 0F SERVICE
Fl L E D
Bodalza v. Ravzdran. et a1.
WW“
MAY I 6 2018
Case No. 115CV287890
w °' um
STATE 0F CALIFORNIA, COUNTY 0F SANTA CLARA R
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I am em loyed_ 1n the County of CONTRA COSTA, STATE OF CALIF
business a dress ls 2010 Crow Canyon Place, Suite 100, San Ramon, CA 94
$33 A.
am
My 83 I
over the age of eighteen years and am not a party to the within action;
On May 15, 2018, I DEFENDANT’ S
served the following document(s) entitled
EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR
NOTICE AND HEARING DEFENDANT’S MOTION FOR JUDGMENT 0N THE
PLEADINGS AS TO CERTAIN CAUSES OF ACTION IN PLAINTIFFS’
COMPLAINT [NEGLIGENCE, NEGLIGENCE PER SE, LOSS OF
CONSORTIUM, AND SURVIVAL ACTION]; MEMORANDUM OF POINTS AND
AUTHORITIES, DECLARATION OF MICHAEL F. BROWN, ESQ.; PROPOSED
ORDER on ALL INTERESTED PARTIES 1n this action by placing true copies thereof
enclosed 1n sealed envelopes addressed as follows:
Asit S. Panwala, Esq. Attorneys for Plaintiff
LAW OFFICE OF ASIT PANWALA
4 Embarcadero Center, Suite 1400
San Francisco, CA 941 11
Telephone: (415) 766-3526
Fac51mi1e: (415) 402-0058
asit@panwalalaw.c0m
BY FACSIMILE:
I declare under penalty of perjury under the laws 0f the State of California that the
NNNNNNNNN—HHH—u—u—HHH
foregoing 1s true and correct.
wu¢m5wNHOOWQ¢MAMNHG
~M/HAEL F/BRQW
Preview
Michael F. Brown, Esq. (Bar No. 164593) LAW OFFICE OF MICHAEL F. BROWN 2010 Crow Can on Place, Suite 100 San Ramon, Ca igomia394583 Fi i- E D Tele p hone: (925 824- 101 MAY 1 6 2018 Attorneys for Defendant, - « w n .J ‘OWQ@UI&UJNH ARUN RAVIDRAN av m°3€uWWManalum n. ANWV SUPERIOR COURT 0F THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA xxxxx xxxxxxx, as an individual CASE NO. 115CV287890 and successor in interest on behalf of the NATVARLAL xxxxxxx, estate of xxxxxx xxxxxxx, as an individual, DEFENDANT’S EX PARTE and xxxxxx xxxxxxx, as an APPLICATION FOR AN ORDER individual, SHORTENING TIME FOR NOTICE AND HEARING DEFENDANT’S Plaintiffs, MOTION FOR JUDGMENT ON THE PLEADINGS AS TO CERTAIN vs. CAUSES OF ACTION IN PLAINTIFFS’ COMPLAINT ARUN RAVIDRAN, an individual, and [NEGLIGENCE, NEGLIGENCE PER DOES 1 through 25, SE, LOSS OF CONSORTIUM, AND SURVIVAL ACTION]; NNNNNNNNN—r—tmn—A—uu—uh—d Defendants. MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF wflamAWNchmQQM-kri—c MICHAEL F. BROWN, ESQ.; PROPOSED ORDER 'Jyf’ifi [Complaint filed: 11/10/2015] "f/Ma/zz x “?>C VW')‘ _ TrLial: Jun‘EHGR—erlunellflom I, MICHAEL F. BROWN, ESQ, d0 hereby declare: 1 DEFENDANT’S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR NOTICE AND HEARING DEFENDANT’S MOTION FOR JUDGMENT 0N THE PLEADINGS AS TO CERTAIN CAUSES OF ACTION IN PLAINTIFFS’ COMPLAINT [NEGLIGENCE, NEGLIGENCE PER SE, LOSS OF CONSORTIUM, AND SURVIVAL ACTION]; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL F. BROWN, ESQ.; PROPOSED ORDER 1. I am an attorney licensed t0 practice law before all courts of the State 0f California and am the attorney 0f record in this action for Defendant Arun Ravindran. 2. This declaration is submitted as notice 0f and in support of Defendant’s Ex Parte Application for an Order Shortening Time for notice and hearing 0f Defendant’s @WQQUI&WNH Motion for Judgment on the Pleadings as to certain causes of action [negligence, negligence per se, loss 0f consortium, and survival action]. A—eepyof—this Motiends afieehed as~ExhibitT The following facts are within my personal knowledge, which I could competently testify t0. 3. Good Cause exists for the court to hear Defendant’s motion on shortened time as trial is scheduled in early 0r mid-June depending upon the court’s ruling 0n plaintiff counsel’s request for a brief continuance 0f the trial date. There is no time to bring a regularly-scheduled noticed motion. 4. Defendant’s intended motion is authorized by California law to be brought 0n the eve oftrial. 5. Good cause also exists for the court to hear Defendant’s motion 0n shortened time because Defendant will be irreparably harmed and prejudiced and the court will, respectfully, likely be subject t0 appeal, should Defendant be precluded from proceeding with his motion. 6. Plaintiffs have brought a Complaint with causes of action that either do not wuambWN—mefla\m&WNHc NNNNNNNNNn—AH—H—HHHH— apply in this action 0r evidence does not support their being brought to trial. 7. Plaintiffs allege that the husband 0f plaintiff Rehka xxxxxxx, and father 0f plaintiffs xxxxxx and xxxxxx xxxxxxx, was killed as a pedestrian by a vehicle driven by Defendant Ravidran. 2 DEFENDANT’S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR NOTICE AND HEARING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO CERTAIN CAUSES OF ACTION IN PLAINTIFFS’ COMPLAINT [NEGLIGENCE, NEGLIGENCE PER SE, LOSS OF CONSORTIUM, AND SURVIVAL ACTION]; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL F. BROWN, ESQ.; PROPOSED ORDER 8. The decedent was Natvarlal xxxxxxx. The evidence shows that he never regained consciousness. Therefore, plaintiffs’ cause of action for survival action has no evidence to support it before a jury. There is also n0 evidence that any violation of law took place. The investigating police did not cite the Defendant and the District Attorney did not charge him with any crime. As such, plaintiffs’ cause OWQGNUIAWNH of action for negligence per se had n0 evidence to support it before a jury. 9. Additionally, as plaintiffs have pled a cause 0f action for Wrongful Death, they cannot also maintain a cause of action for Negligence. Negligence is incorporated in the Wrongful Death cause of action. Negligence is not pled when a death results from an alleged wrongful act. Wrongful Death is pled in such a circumstance and this is determined by California statute as are the damages. Negligence damages do not apply, which also means that loss of consortium damages do not apply as those damages pertain to the Negligence cause of action and not the Wrongful Death cause of action. 10. These matters will be further addressed in Defendant’s Motion. 11.Defendant respectfully requests that the Court take Judicial Notice of plaintiffs’ filed Complaint, which is on file in this action. 12. Time will be unnecessarily wasted at trial should the afore-noted causes of action be allowed to be argued to a jury and the issues and jury will be confused NNNNNNNNNHn—uu—mHI—IHH WQ¢WAMNH¢©OON¢KUIAMNH¢ and the Defendant will be prejudiced by this confusion. l3. Plaintiffs’ counsel is Asit S. Panwala, Esq. ofthe LAW OFFICE OF ASIT PANWALA, located at 4 Embarcadero Center, Suite 1400, San Francisco, CA 941 1 1. His telephone is (415) 766-3526. l4. On May 12, 2018, I discussed with plaintiffs’ counsel the need for plaintiffs’ counsel to dismiss the subject causes of action in plaintiffs’ Complaint. I 3 DEFENDANT’S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR NOTICE AND HEARING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO CERTAIN CAUSES OF ACTION IN PLAINTIFFS’ COMPLAINT [NEGLIGENCE, NEGLIGENCE PER SE, LOSS 0F CONSORTIUM, AND SURVIVAL ACTION]; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL F. BROWN, ESQ.; PROPOSED ORDER discussed this again with him on May 14, 2018. On May 14, 2014, I also timely 1 faxed to him at 8:55 a.m. our notice to appear ex parte for the above-referenced 2 purpose on Wednesday, May 16, 2018, at 8:30 am in Department 6 0f the San 3 Jose Court. Said notice is attached as Exhibit 1. Opposing counsel later that day 4 e-mailed that he would oppose the ex parte. 5 I declare under penalty 0f perj ury under the laws of the State of California that the 6 foregoing is true and correct. This declaration was executed on May 15, 201 8, in 7 San Ramon, CA. 8 DATED: May 15, 2018 9 10 LAW OF OF MICHAEL F. BROWN 11 '77" 12 , 7, , By: / - '/"'/“//“ I/j 13 MI F. BROWN Att eys f r D endant, 14 ARUN RA ' RAN 15 16 17 18 19 20 21 22 23 24 4 25 DEFENDANT’S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR NOTICE AND HEARING DEFENDANT’S MOTION FOR 26 JUDGMENT ON THE PLEADINGS AS TO CERTAIN CAUSES OF ACTION IN PLAINTIFFS’ COMPLAINT [NEGLIGENCE, NEGLIGENCE PER SE, LOSS OF 27 CONSORTIUM, AND SURVIVAL ACTION]; MEMORANDUM 0F POINTS AND AUTHORITIES; DECLARATION OF MICHAEL F. BROWN, ESQ.; PROPOSED i l 28 ORDER EXHIBIT 1 LAW OFFICES OF 9465 Wilshire Boulevard MICHAEL F' BRO ' i I J OfCoumel: Suite 300 Attorneys at Law Beverly Hills; CA 907-12 2010 Crow Canyon Place, Suite 100 Guy L031: ESQ- San Ramon California 94583 Ross Py ’ sq' ’ Michael F. Brown, Esq. . . Bfian O’Hara, Esq. Office (925) 824-3101, Facsnmle (925) 824—3102 . Roberto Jimenez, Esq- mfbcounsel@301'com Susan Kang-Gordon, Esq. Alex Valdez, Claims Consultant May 14, 2018 VIA FACSIMILE 1-4 1 5-402-0058 Asit S. Panwala, Esq. LAW OFFICE OF ASIT PANWALA 4 Embarcadero Center, Suite 1400 San Francisco, CA 94111 RE: xxxxxxx v. Ravindran et a1. Case No. 115CV287890 Dear Mr. Panwala: This correspondence follows communications t0 you, this past our weekend, wherein I advised you that you should dismiss plaintiffs’ causes of action for negligence and negligence per se as they do not apply in this case. Plaintiffs have pled a cause of action for wrongful death, which includes negligence and applies when a death is the result of the alleged negligence. I also provided to you the statutory authority. There is also no evidence to support negligence per se and a survival action. I further informed you that I would appear ex parte to seek an order shortening time for the court to hear defendant’s motion to dismiss these causes of action if you did not dismiss them. To date you have not agreed to dismiss these causes of action. Therefore, please find this notice that we intend to appear ex parte on Wednesday, May l6, 2018, in Department 6 of the San Jose Court at 191 N. First Street, to seek an order shortening time for the court to hear our motion to dismiss plaintiffs’ causes of action for negligence, negligence per se and survival action. HP Color LaserJet MFP M277c6 Fax Confirmation May—14-2018 8:56AM Job Date Time Type Identification Duration Pages Result 1873 5/14/2018 8:55:17AM Send 14154020058 1:04 1 0K LAW OFFICES OF 9465 wash“ Boulevard MICHAEL F. BROWN Of Commi- Suite 300 Attorneys at Law Beverly Hills, CA 90212 2010 Crow Canyon Place, Suite 100 Guy Louie, Esq. Ross Pytlik, Esq. San Ramon, California 94583 Michael F. Brown, Esq. Brian O’Hara, Esq. Office (925) 824-3101; Facsimile (925) 824-3102 Roberto Jimenez, Esq. mfbcounsel@aol.com Susan Kang—Gordon, Esq. Alex Valdez, Claims Consultant May 15,2018 VIA FAC SIMILE 1-41 5-402-0058 Asit S. Panwala, Esq. LAW OFFICE OF ASIT PANWALA 4 Embarcadero Center, Suite 1400 San Francisco, CA 941 ll RE: xxxxxxx v. Ravindran et a1. Case No. 115CV287890 Dear Mr. Panwala: As loss of consortium is a negligence damage and not a wrongful death damage, we will also seek to have that cause of action dismissed. We will be seeking a judgment on the pleadings to dismiss the causes of action 0f negligence, negligence per of consortium, and survival action. Our ex parte, as you se, loss know, which will be tomorrow at 8:30 a.m. in Department 6 of the San Jose court, will be as previously stated to you for an order shortening time for the court to hear our motion for a judgment on the pleadings to dismiss the causes of action we have stated to you. HP Color LaserJet MFP M277c6 Fax Confirmation . May-15-2018 9:25AM Job Date T1 me Type Identi f1 cat1' on Durati on Pages Resu1 t 1878 5/15/2018 9:23:50AM Send 14154020058 1:04 l 0K PROOF 0F SERVICE Fl L E D Bodalza v. Ravzdran. et a1. WW“ MAY I 6 2018 Case No. 115CV287890 w °' um STATE 0F CALIFORNIA, COUNTY 0F SANTA CLARA R \OWQOUI&MNH I am em loyed_ 1n the County of CONTRA COSTA, STATE OF CALIF business a dress ls 2010 Crow Canyon Place, Suite 100, San Ramon, CA 94 $33 A. am My 83 I over the age of eighteen years and am not a party to the within action; On May 15, 2018, I DEFENDANT’ S served the following document(s) entitled EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR NOTICE AND HEARING DEFENDANT’S MOTION FOR JUDGMENT 0N THE PLEADINGS AS TO CERTAIN CAUSES OF ACTION IN PLAINTIFFS’ COMPLAINT [NEGLIGENCE, NEGLIGENCE PER SE, LOSS OF CONSORTIUM, AND SURVIVAL ACTION]; MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF MICHAEL F. BROWN, ESQ.; PROPOSED ORDER on ALL INTERESTED PARTIES 1n this action by placing true copies thereof enclosed 1n sealed envelopes addressed as follows: Asit S. Panwala, Esq. Attorneys for Plaintiff LAW OFFICE OF ASIT PANWALA 4 Embarcadero Center, Suite 1400 San Francisco, CA 941 11 Telephone: (415) 766-3526 Fac51mi1e: (415) 402-0058 asit@panwalalaw.c0m BY FACSIMILE: I declare under penalty of perjury under the laws 0f the State of California that the NNNNNNNNN—HHH—u—u—HHH foregoing 1s true and correct. wu¢m5wNHOOWQ¢MAMNHG ~M/HAEL F/BRQW