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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