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                                Envelope: 4632373

                  Christopher E. Brumfiel (SBN 214866)
                  cebrumfiel@ww.law
                  Michelle A. Perez (SBN 311746)
                  maperez@ww.law
                  WOLFE & WYMAN LLP
                  2175 N. California Blvd., Suite 645
                  Walnut Creek, California 94596-3502
                  Telephone:     (925) 708-7000
                  Facsimile:     (925) 280-0005
                  Attorneys for Defendant/Cross-Defendant
                  MADERA FRAMING, INC.


                                        SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                                       COUNTY OF SANTA CLARA

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 I          11    CILKER APARTMENTS, LLC,                                   Case No.: 113CV258281
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 ts         12                     Plaintiff,                               Assigned to the Hon. Patricia M. Lucas
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                                                                            FURTHER REQUEST FOR
 ws.        14    WESTERN NATIONAL CONSTRUCTION,                   et       EXTENSION OF TIME TO FILE
 We               al.,                                                      MOTION FOR ATTORNEYS’ FEES
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 az         15                                                              ON APPEAL FOLLOWING
 Oo                                Defendants.                              ISSUANCE OF REMITTITUR AND
            16                                                              [PROPOSED] ORDER
            17    AND RELATED CROSS-ACTIONS.                                [CAL. RULES OF COURT, RULE
                                                                            3.1702]
            18
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            20             Defendant    and     Cross-Defendant   MADERA     FRAMING,      INC.   (hereinafter,   “Madera

            21   Framing”) hereby requests, pursuant to California Rule of Court, Rule 3.1702(d), that this Court grant

            22   a further extension of time within which Madera Framing may file its motion for attorneys’ fees on

            23   appeal in connection with appeal number H043824.

            24              Madera Framing’s Amended Request is made based on the following:

            25              1     Appeal number H043824 is one of three related appeals filed in the Sixth District Court

            26   of Appeal in connection with Santa Clara County Superior Court Case No. 113CV258281;

            27              2     On November 19, 2019 the Sixth District Court of Appeal issued its decision in appeal

            28                                                          1
                            FURTHER REQUEST FOR EXTENSION OF TIME TO FILE MOTION FOR
                         ATTORNEYS’ FEES ON APPEAL FOLLOWING ISSUANCE OF REMITTITUR AND
                                                 [PROPOSED] ORDER
3695282.1
number H043824, affirming this Trial Court’s order of judgment in favor of Madera Framing;

                           3     On January 27, 2020 the Sixth District Court of Appeal thereafter issued its remittitur

                 in appeal number H043824;

                          4      Pursuant   to California     Rules   of Court,          Rule    3.1702(c)(2),   the parties   previously

                 stipulated to extend the time for Madera Framing to file and serve a motion for attorneys’ fees in the

                 trial court in relation to appeal number H043824 to May 7, 2020, the maximum period of time allowed

                 by statute;

                           5     On April 3, 2020, pursuant to California Rule of Court, Rule 8.810(c), and in light of

                 the ongoing COVID-19 pandemic, this court filed an emergency order extending all appellate division

            10   deadlines under Division 4 of Title 8 of the California Rules of Court otherwise due to be completed
 az
 as         11   between March 17, 2020 and May 1, 2020 for a period of 30 days from the otherwise applicable due
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            12   date without the need to file a corresponding application for extension of time;

            13             6.    On or about May 7, 2020 Madera Framing filed its Amended Request for an Extension

 ws.        14   of Time to File its Motion for Attorneys’ Fees on Appeal;
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 az         15             7     On   or about May     7, 2020   this Court entered              its order granting   Madera   Framing’s
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            16   Request for Extension of Time to File its Motion for Attorneys’ Fees on Appeal with respect to appeal

            17   number H043824.

            18             8     Pursuant to the Court’s May          7, 2020 Order,            Madera   Framing’s    deadline to file its

            19   Motion for Attorneys’ Fees on Appeal with respect to appeal number H043824 is now August 5, 2020;

            20             9.    The issue of entitlement to costs, including attorneys’ fees, is an issue pending before

            21   the Sixth District Court of Appeal in related appeal number H046008, which appeal has not yet been

            22   scheduled for oral argument though it remains on the March 2020 case conference list;

            23             10.   Pursuant   to   California   Rules    of       Court,    Rule     3.1702(d),    Madera    Framing    now

            24   respectfully requests a further extension of time to file its motion for attorneys’ fees on appeal number

            25   H043824 for a period of sixty (60) days from the Court of Appeal’s issuance of remittitur in appeal

            26   number H046008;

            27             11.   Pursuant to California Rules of Court, Rule 3.1702(d), good cause exists for a further

            28                                                              2
                        FURTHER REQUEST FOR EXTENSION OF TIME TO FILE MOTION FOR
                     ATTORNEYS’ FEES ON APPEAL FOLLOWING ISSUANCE OF REMITTITUR AND
                                             [PROPOSED] ORDER
3695282.1
extension of time for Madera Framing to file its motion for attorney’s fees in light of the ongoing

                 COVID-19 pandemic, associated state and local emergency orders, the corresponding disruption to the

                 business operations of the parties to this action and to this Court, and more specifically the pending

                 related appeal number H046008 which has not yet been scheduled for oral argument and remains on

                 the March case conference list.



                 DATED:     July 21, 2020                      WOLFE & WYMAN          LLP

                                                               oy       Shot )
                                                                    CHRISTOPHER E. BRUMFIEL
            10                                                      MICHELLE A. PEREZ
 az                                                            Attorneys for Defendant/Cross-Defendant
 I          11                                                 MADERA FRAMING,           INC.
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                       FURTHER REQUEST FOR EXTENSION OF TIME TO FILE MOTION FOR
                    ATTORNEYS’ FEES ON APPEAL FOLLOWING ISSUANCE OF REMITTITUR AND
                                            [PROPOSED] ORDER
3695282.1
ORDER

                        For good cause, Madera Framing, Inc.’s Further Request for Extension of Time to File its

                 Motion for Attorneys’ Fees on Appeal in connection with appeal number H043824 is GRANTED on

                 the grounds that good cause exists pursuant to California Rules of Court, Rule 3.1702(d).

                        Madera Framing, Inc. shall file its Motion for Attorneys’ Fees on Appeal in connection with

                 appeal number H043824 no later than sixty (60) days from the Court of Appeal’s issuance of remittitur

                 in appeal number H046008.



                 DATED:

            10                                                         fOr a             On Kama
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                      FURTHER REQUEST FOR EXTENSION OF TIME TO FILE MOTION FOR
                   ATTORNEYS’ FEES ON APPEAL FOLLOWING ISSUANCE OF REMITTITUR AND
                                           [PROPOSED] ORDER
3695282.1
PROOF OF SERVICE

                 STATE OF CALIFORNIA
                                                                   ss.
                 COUNTY OF CONTRA COSTA

                 I, JoAnne Perri, declare: | am employed in the County of Contra Costa, State of California. I am over the age
                 of 18 and not a party to the within action. My business address is 2175 N. California Blvd., Suite 645,
                 Walnut Creek, California 94596-3502. On the date shown below, I served the document(s) described as
                 FURTHER REQUEST FOR EXTENSION OF TIME TO FILE MOTION FOR
                 ATTORNEYS’ FEES ON APPEAL FOLLOWING ISSUANCE OF REMITTITUR AND
                 [PROPOSED] ORDER [CAL. RULES OF COURT, RULE 3.1702
                 on all interested parties in said action as stated below on the ATTACHED     SERVICE LIST.

                  oO      BY MAIL: as follows:
                          i        STATE - I am “readily familiar” with Wolfe & Wyman LLP’s practice of collection and
                          processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal
                          Service on that same day with postage thereon fully prepaid at Walnut Creek, California, in the
            10            ordinary course of business. I am aware that on motion of party served, service is presumed invalid
 az                       if postal cancellation date or postage meter date is more than one (1) day after date of deposit for
 as         11            mailing in affidavit.
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            12            BY ELECTRONIC MAIL SERVICE as follows: I caused the following party(s) to be served the
                          above listed document(s) by electronic mail service at the following email addresses to the party(ies)
            13            noted on the attached Service List.

 ws.        14            BY CERTIFIED MAIL as follows: I am “readily familiar” with Wolfe & Wyman LLP’s practice
 We                       for the collection and processing of correspondence for mailing with the United States Postal Service;
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 az         15            such envelope will be deposited with the United States Postal Service on the above date in the ordinary
 Oo                       course of business at the business address shown above; and such envelope was placed for collection
            16            and mailing, by Certified United States Mail, Return Receipt Requested, on the above date according
                          to Wolfe & Wyman LLP’s ordinary business practice.
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                          BY PERSONAL         SERVICE    as follows:     I caused a copy of such document(s) to be delivered by
            18            hand to the offices of the addressee between the hours of 9:00 A.M. and 5:00 P.M.

            19            BY OVERNIGHT          COURIER SERVICE as follows:           I caused such envelope to be delivered by
                          overnight courier service to the offices of the addressee. The envelope was deposited in or with a
            20            facility regularly maintained by the overnight courier service with delivery fees paid or provided for.

            21            STATE          I declare under penalty of perjury under the laws of the State of California that the
                          above is true and correct.
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                          Executed on July 21, 2020, at Alameda, California.
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                                                                                     oF drne               Lorre
            25                                                                      JOANNE PERRI

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                          FURTHER REQUEST FOR EXTENSION OF TIME TO FILE MOTION FOR
                       ATTORNEYS’ FEES ON APPEAL FOLLOWING ISSUANCE OF REMITTITUR AND
                                               [PROPOSED] ORDER
3695282.1
SERVICE LIST
                          SANTA CLARA COUNTY SUPERIOR COURT CASE NO. 113CV258281
                                 CILKER APARTMENTS V. WESTERN NATIONAL
                                            WE&W File No. 1906-003
                                                       [Revised: March 2, 2020]


                 Jon B. Zimmerman, Esq.                               Attorneys for Plaintiff/Appellant
                 Messner Reeves LLP                                   CILKER APARTMENTS, LLC
                 160 W. Santa Clara Street, Suite 1000                Tel.: (408) 298-7120
                 San Jose, CA 95113                                   Fax: (408) 298-0477
                                                                      Email: jzimmerman@messner.com


                 Ellyn E. Nesbit, Esq.                                Co-Counsel for Plaintiff/Appellant
                 Alexander Stuart, Esq.                               CILKER APARTMENTS, LLC
                 WILLOUGHBY STUART BENING & COOK                      Tel.: (408) 494-9212
            10   50 West San Fernando St., Suite 400                  Fax:
 az              San Jose, CA 95113                                   Email: ellyn@wsbclawyers.com
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                     FURTHER REQUEST FOR EXTENSION OF TIME TO FILE MOTION FOR
                  ATTORNEYS’ FEES ON APPEAL FOLLOWING ISSUANCE OF REMITTITUR AND
                                          [PROPOSED] ORDER
3695282.1