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  • SPERO SARIDAKIS VS. PENINSULA YELLOW CAB COMPANY, LLC et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • SPERO SARIDAKIS VS. PENINSULA YELLOW CAB COMPANY, LLC et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • SPERO SARIDAKIS VS. PENINSULA YELLOW CAB COMPANY, LLC et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • SPERO SARIDAKIS VS. PENINSULA YELLOW CAB COMPANY, LLC et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • SPERO SARIDAKIS VS. PENINSULA YELLOW CAB COMPANY, LLC et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • SPERO SARIDAKIS VS. PENINSULA YELLOW CAB COMPANY, LLC et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • SPERO SARIDAKIS VS. PENINSULA YELLOW CAB COMPANY, LLC et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • SPERO SARIDAKIS VS. PENINSULA YELLOW CAB COMPANY, LLC et al PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
						
                                

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0 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-14-2012 9:49 am Case Number: CGC-12-520752 Filing Date: Sep-14-2012 9:48 Filed by: Juke Box: 001 Image: 03763541 DECLARATION SPERO SARIDAKIS VS. PENINSULA YELLOW CAB COMPANY, LLC et al 001003763541 Instructions: Please place this sheet on top of the document to be scanned.COON DOH BRB WN Lawrence A. Strick (SBN 96131) Nestor R. Schnasse (SBN 242214) STRICK LAW OFFICES 503 D Street, Suite 2 San Rafael, CA 94901 Telephone: (415) 721-1200 Facsimile: (415) 721-1199 Attorneys for Plaintiff Pr, ior OE co SEP 14 2012 CLERK OF THE, COURT BY Deputy Clerk IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO SARIDAKIS, Plaintiff, Vv. PENINSULA YELLOW CAB COMPANY, LLC, RAKESH KUMAR and DOES | to 100, inclusive Defendants. I, Nestor R. Schnasse, declare and state as follows: Case No. CGC-12-520752 DECLARATION OF NESTOR R. SCHNASSE IN SUPPORT OF EX PARTE APPLICATION RE: AMENDMENT OF COMPLAINT TO SUBSTITUTE THE TRUE NAME FOR FICTITIOUS NAME (CCP § 474) Date: September 13, 2012 Time: 11:00 a.m. Dept.: 302 Action Filed: May 14, 2012 1. | am an attorney licensed to practice law in the State of California and am an associate of the of Strick Law Offices, attorneys of record for Plaintiff in the above-referenced action. The facts set forth herein are personally known to me except those which are stated to be on information and belief, and as to those I believe them to be true. If called as a witness, I could and would competently testify thereto. 2. Imake this Application in support of Plaintiff's request that the Court allow DECLARATION OF NESTOR R. SCHNASSE0 OY DW BF WN ° amendment of the Complaint herein pursuant to CCP § 474. 3. Upon filing the Complaint herein, Plaintiff was ignorant of the true name of a defendant, and therefore designated said defendant in the Complaint by the fictitious name of DOE 1. 4. Having designated said defendant in the complaint by a fictitious name, to-wit: DOE 1 and having discovered the true name of said defendant to be Richelle Naval hereby requests leave to amend his complaint by inserting such true name in the place and stead of such fictitious name wherever it appears in said complaint. 5. On or about August 2, 2012,counsel for defendants stipulated that the complaint should be amended to substitute Defendant Richelle Naval as DOE 1. A true and correct copy of said stipulation is attached hereto as Exhibit A. 6. On or about September 12, 2012, at 8:45 a.m., I contacted Counsel for Defendants by telephone and left a voicemail message advising of my intent to appear Ex Parte at 11:00 a.m. on September 13, 2012 in Department 302 in order to seek an Order granting the proposed Amendment to Complaint. As of the writing of this Declaration, Counsel for Defendants Peninsula Yellow Cab and Kumar has not indicated any opposition to Plaintiff's Application, and in fact has stipulated to permit amendment. 7. By this Application, Plaintiff requests the Court allow Amendment of Complaint and Order that Defendant Richelle Naval be inserted in the place and stead of DOE 1. All parties have stipulated to the amendment, and no party will be prejudiced by the granting of this Application. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 13" day of September, 2012, at San Rafael, California. C— bn Néstor R. SchnasseATTACHMENT 1SO mem N DW RB WN | Qaaqakaoanes 18 Lawrence A. Strick (SBN 96131) Nestor R. Schnasse (SBN 242214) STRICK LAW OFFICES 503 D Street, Suite 2 San Rafael, CA 94901 Telephone: (415) 721-1200 Facsimile: (415) 721-1199 Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO SPERO SARIDAKIS, Case No. CGC-12-520752 Plaintiff, STIPULATION TO AMEND COMPLAINT TO ADD DEFENDANT v. DOE 1, RICHELLE NAVAL PENINSULA YELLOW CAB COMPANY, LLC, RAKESH KUMAR and DOES 1 to 100, inclusive Defendants. Action Filed: May 14, 2012 TO ALL PARTIES AND THEIR ATTORNEY OF RECORD: It is hereby stipulated between Plaintiff Spero Saridakis, represented by Lawrence Strick of the Strick Law Offices, and Defendants, Peninsula Yellow Cab Company, LLC & Rakesh Kumar, represented by Ronald Mawhinney of Gilbert, Kelly, Crowly & Jennett, LLP, that the Complaint shal! be amended to substitute Defendant Richelle Naval as Doe 1. The parties believe good cause exists for said amendprfent. Dated: sy ) , 2012 ST! W OFF) free TT Z, ZO/ a fy Lawrénce A. Strick Dated: » 2012 Gilbert, Ronald Mawhinney 1 ‘STIPULATION RE: AMENDMENT TO COMPLAINTCO mem ND HW BW NY 12 PROOF OF SERVICE I, the undersigned, hereby declare that I am over the age of eighteen years and not a party to the within action. My business address is 503 D Street, Suite 2, San Rafael, CA 94901. On the date below, I served the following documents in the manner indicated on the below-named parties and/or counsel of record: DECLARATION OF NESTOR R. SCHNASSE IN SUPPORT OF EX PARTE APPLICATION RE: AMENDMENT OF COMPLAINT TO SUBSTITUTE THE TRUE NAME FOR FICTITIOUS NAME (CCP § 474) U.S. MAIL by enclosing a true and correct copy in a sealed envelope, with postage thereon fully prepaid, in the United States mail at San Rafael, California x FACSIMILE TRANSMISSION by transmitting via facsimile, the document(s) listed above to the fax number(s) set forth below on this date from the business address shown above from fax number 415-721-1199. PERSONAL SERVICE by personally delivering the document(s) listed above to the person(s) or other proper person(s) at the address(es) set forth below. OVERNIGHT DELIVERY by placing the document(s) listed above in a sealed FedEx envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a FedEx agent or deposited in a box or other facility regularly maintained by FedEx for delivery. Ronald Mawhinney Gilbert, Kelly, Crowley &Jennett LLP 44 Montgomery Street, Suite 2080 San Francisco, CA 94104 Tel. (415) 352-6408 Fax. (415) 352-6400 Attorney for Defendants I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on this 13" day of September, 2012 at San Rafael, California. Ce be Néstor R. Schnasse 3 PROOF OF SERVICEIPO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-14-2012 9:49 am Case Number: CGC-12-520752 Filing Date: Sep-14-2012 9:48 Filed by: Juke Box: 001 Image: 03763541 DECLARATION SPERO SARIDAKIS VS. PENINSULA YELLOW CAB COMPANY, LLC et al 001003763541 Instructions: Please place this sheet on top of the document to be scanned.SCO eR DH BF WN Lawrence A. Strick (SBN 96131) Nestor R. Schnasse (SBN 242214) STRICK LAW OFFICES 503 D Street, Suite 2 San Rafael, CA 94901 Telephone: (415) 721-1200 Facsimile: (415) 721-1199 Attorneys for Plaintiff Super, of San of anctsed sep 14 2012 CLERK OF THE COURT ex _—_ ‘Deputy Clerk IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO SARIDAKIS, Plaintiff, ve PENINSULA YELLOW CAB COMPANY, LLC, RAKESH KUMAR and DOES 1 to 100, inclusive Defendants. I, Nestor R. Schnasse, declare and state as follows: Case No. CGC-12-520752 DECLARATION OF NESTOR R. SCHNASSE IN SUPPORT OF EX PARTE APPLICATION RE: AMENDMENT OF COMPLAINT TO SUBSTITUTE THE TRUE NAME FOR FICTITIOUS NAME (CCP § 474) Date: September 13, 2012 Time: 11:00 a.m. Dept.: 302 Action Filed: May 14, 2012 1. | am an attorney licensed to practice law in the State of California and am an associate of the of Strick Law Offices, attorneys of record for Plaintiff in the above-referenced action. The facts set forth herein are personally known to me except those which are stated to be on information and belief, and as to those I believe them to be true. If called as a witness, I could and would competently testify thereto. 2. I make this Application in support of Plaintiff's request that the Court allow 1 DECLARATION OF NESTOR R. SCHNASSESOON DH BP WHY amendment of the Complaint herein pursuant to CCP § 474. 3. Upon filing the Complaint herein, Plaintiff was ignorant of the true name of a defendant, and therefore designated said defendant in the Complaint by the fictitious name of DOE 1. 4. Having designated said defendant in the complaint by a fictitious name, to-wit: DOE 1 and having discovered the true name of said defendant to be Richelle Naval hereby requests leave to amend his complaint by inserting such true name in the place and stead of such fictitious name wherever it appears in said complaint. 5. On or about August 2, 2012,counsel for defendants stipulated that the complaint should be amended to substitute Defendant Richelle Naval as DOE 1. A true and correct copy of said stipulation is attached hereto as Exhibit A. 6. On or about September 12, 2012, at 8:45 a.m., I contacted Counsel for Defendants by telephone and left a voicemail message advising of my intent to appear Ex Parte at 11:00 a.m. on September 13, 2012 in Department 302 in order to seek an Order granting the proposed Amendment to Complaint. As of the writing of this Declaration, Counsel for Defendants Peninsula Yellow Cab and Kumar has not indicated any opposition to Plaintiff's Application, and in fact has stipulated to permit amendment. 7. By this Application, Plaintiff requests the Court allow Amendment of Complaint and Order that Defendant Richelle Naval be inserted in the place and stead of DOE 1. All parties have stipulated to the amendment, and no party will be prejudiced by the granting of this Application. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 13" day of September, 2012, at San Rafael, California. Cb Néstor R. SchnasseATTACHMENT 1Som NIN DH Rh WY n= Ss Lawrence A. Strick (SBN 96131) Nestor R. Schnasse (SBN 242214) STRICK LAW OFFICES 503 D Street, Suite 2 San Rafael, CA 94901 Telephone: (415) 721-1200 Facsimile: (415) 721-1199 Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO SPERO SARIDAKIS, Case No. CGC-12-520752 Plaintiff, STIPULATION TO AMEND COMPLAINT TO ADD DEFENDANT v. DOE 1, RICHELLE NAVAL PENINSULA YELLOW CAB COMPANY, LLC, RAKESH KUMAR and DOES 1 to 100, inclusive Defendants. Action Filed: May 14, 2012 TO ALL PARTIES AND THEIR ATTORNEY OF RECORD: It is hereby stipulated between Plaintiff Spero Saridakis, represented by Lawrence Strick of the Strick Law Offices, and Defendants, Peninsula Yellow Cab Company, LLC & Rakesh Kumar, represented by Ronald Mawhinney of Gilbert, Kelly, Crowly & Jennett, LLP, that the Complaint shall be amended to substitute Defendant Richelle Naval as Doe 1. The parties believe good cause exists for said amend Dated: » 2012 ST! W OFF] / Lawrénce A. Strick foe 57 Z 2O(Z fy Dated: rE » 2012 Gilbert, Jennett, LLP STIPULATION RE: AMENDMENT TO COMPLAINTSOU Oem N DH BP WH PROOF OF SERVICE I, the undersigned, hereby declare that I am over the age of eighteen years and not a party to the within action. My business address is 503 D Street, Suite 2, San Rafael, CA 94901. On the date below, I served the following documents in the manner indicated on the below-named parties and/or counsel of record: DECLARATION OF NESTOR R. SCHNASSE IN SUPPORT OF EX PARTE APPLICATION RE: AMENDMENT OF COMPLAINT TO SUBSTITUTE THE TRUE NAME FOR FICTITIOUS NAME (CCP § 474) U.S. MAIL by enclosing a true and correct copy in a sealed envelope, with postage thereon fully prepaid, in the United States mail at San Rafael, California x FACSIMILE TRANSMISSION by transmitting via facsimile, the document(s) listed above to the fax number(s) set forth below on this date from the business address shown above from fax number 415-721-1199. PERSONAL SERVICE by personally delivering the document(s) listed above to the person(s) or other proper person(s) at the address(es) set forth below. OVERNIGHT DELIVERY by placing the document(s) listed above in a sealed FedEx envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a FedEx agent or deposited in a box or other facility regularly maintained by FedEx for delivery. Ronald Mawhinney Gilbert, Kelly, Crowley &Jennett LLP 44 Montgomery Street, Suite 2080 San Francisco, CA 94104 Tel. (415) 352-6408 Fax. (415) 352-6400 Attorney for Defendants I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on this 13" day of September, 2012 at San Rafael, California. CL he Seton R. Schnasse 3 PROOF OF SERVICE