Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Gregory M. Finch 091237
Signature Law Group
3400 Bradshaw Road, Ste A-4A
Sacramento, CA 95827
TELEPHONE NO.:(916) 857-1100 FAX NO.(Optiona0: (916) 880-5255
gfinch@signaturelawgroup.com
E-MAIL ADDRESS (Optional):
Richard
ATTORNEY FOR (Name): Bringgold, et AL.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte 4/13/2020
STREET ADDRESS: 1775 Concord Avenue
MAILING ADDRESS:
CITY AND ZIP CODE:ChiCO, CA 95928
BRANCH NAME: North Butte County Courthouse
PLAINTIFF/PETITIONER: Erik Benik and Wishbone Ranch, LLC
DEFENDANT/RESPONDENT: Richard Bringgold; 13209 Contractors Lane,
LLC
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): ai UNLIMITED CASE 0 LIMITED CASE 18CV03508
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 4/29/2020 Time: 10:00 am Dept.: TBD Div.: Room:
Address of court (if different from the address above):
al Notice of Intent to Appear by Telephone, by (name): Gregory M. Finch
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Richard Bringgold; 13209 Contractors Lane, LLC
b. D This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 10/23/2018
b. al The cross-complaint, if any, was filed on (date): 3/26/2019
3. Service (to be answered by plaintiffs and cross-complainants only)
a. ID All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. 1=3 The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) 0 have been served but have not appeared and have not been dismissed (specify names):
(3) Q have had a default entered against them (specify names):
c. 0 The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
4. Description of case
a. Type of case in al complaint al cross-complaint (Describe, including causes of action):
Complaint: Breach of Contract; False Promise; Breach of Contract Implied in Law;
Breach of the Implied Covenant of Good Faith and Fair Dealing; Reformation;
Declaratory Relief and Unfair Competition.
Cross-Complaint: Interference with Contractual Relations
Page 1 of 5
Form Adopted for Mandatory Use
Essential CASE MANAGEMENT STATEMENT Cal. Rules of Court,
COS
Judicial Council of California
CM-110 [Rev. July 1, 2011]
ceb.comkg
- Forms-
rules 3.720-3.730
www.courts.ca.gov
Bringgold, Richard
CM-110
PLAINTIFF/PETITIONER:Erik Benik and Wishbone Ranch, LLC CASE NUMBER:
18CV03508
DEFENDANT/RESPONDENT: Richard Bringgold; 13209 Contractors Lane,
LLC
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiffs maintains they have an option to purchase a building leased from Defendant 13290
Contractors Lane, LLC, for 2,900,000.00 pursuant to a lease effective December 1, 2016. Defendant
maintains that the option to purchase was terminated due to Plaintiffs breach and replaced by
right first refusal pursuant to a superseding agreement effective June 1, 2017.
D (If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request 0 a jury trial D a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. D The trial has been set for (date):
b. 0 No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
5/12/2020 Petition hearing; 5/13/2020 CMC; 5/20/2020 Conservatorship Biennial hearing;
6/8/2020 Trial Setting hearing; 7/15/2020 MSC; 8/10-14/20 Trial;
9/14/2020 Arbitration.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. al days (specify number): 3
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial 0 by the attorney or party listed in the caption D by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
D Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel aa has D has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party 0 has D has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) 0Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) 0This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5
CELT Essential
cebcom aia Forms- Bringgold, Richard
CM-110
PLAINTIFF/PETITIONER:Erik Benik and Wishbone Ranch, LLC CASE NUMBER:
18CV03508
DEFENDANT/RESPONDENT: Richard Bringgold; 13209 Contractors Lane
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
D Mediation session not yet scheduled
0 Mediation session scheduled for (date):
(1) Mediation 1:3
D Agreed to complete mediation by (date):
D Mediation completed on (date):
D Settlement conference not yet scheduled
(2) Settlement D Settlement conference scheduled for (date):
conference al
D Agreed to complete settlement conference by (date):
al Settlement conference completed on (date): 3 / 13 / 2 0 2 0
D Neutral evaluation not yet scheduled
D Neutral evaluation scheduled for (date):
(3) Neutral evaluation CI
La Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date):
D Judicial arbitration not yet scheduled
(4) Nonbinding judicial CI D Judicial arbitration scheduled for (date):
arbitration
0 Agreed to complete judicial arbitration by (date):
D Judicial arbitration completed on (date):
0 Private arbitration not yet scheduled
(5) Binding private 1:3 0 Private arbitration scheduled for (date):
arbitration
0 Agreed to complete private arbitration by (date):
0 Private arbitration completed on (date):
D ADR session not yet scheduled
(6) Other (specify): 1:3 D ADR session scheduled for (date):
0 Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5
CHI
cab
Essential
13.-3Forms-
Bringgold, Richard
CM-110
PLAINTIFF/PETITIONER:Erik Benik and Wishbone Ranch, LLC CASE NUMBER:
18CV03508
DEFENDANT/RESPONDENT: Richard Bringgold; 13209 Contractors Lane,
11. Insurance
a. 0 Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: 0 Yes D No
c. D Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. J A motion to 0 consolidate D coordinate will be filed by (name party):
14. Bifurcation
0 The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
0 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. The party or parties have completed all discovery.
b. 0 The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5
C€B Essential
ceb.com Worms- Bringgold, Richard
CM-110
PLAINTIFF/PETITIONER: Erik Benik and Wishbone Ranch, LLC CASE NUMBER:
18CV03508
DEFENDANT/RESPONDENT: Richard Bringgold; 13209 Contractors Lane,
17. Economic litigation
a. tj This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. p This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
La The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. al The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of
Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any).
I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: 4/13/2020
Gregory M Finch
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR AU NEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5
cos Essential
cebcom OFOrinS.
Bringgold, Richard
Case No.: 18CV03508
PROOF OF SERVICE
I, LANIKA KINCY, declare:
I am over the age of eighteen (18) years and not a party to the within action. I am an
employee of Signature Law Group, LLP, and my business address is 3400 Bradshaw Road, Suite
A-4A, Sacramento, CA 95827
On April 13, 2020, I caused to be served the foregoing document(s):
CASE MANAGEMENT STATEMENT
On the parties involved and addressed as follows:
Louis A. Gonzalez, Jr.
Attorneys for Plaintiffs
Weintraub, Tobin, Chediak, Coleman & Grodin
400 Capitol Mall, 11th FL
Sacramento, CA 95814
( X ) BY MAIL: I caused each envelope, with postage thereon fully prepaid, to be placed in the
United States mail at Sacramento, California. I am readily familiar with the business practice for
collection and processing of mail in this office; and that in the ordinary course of business said
document would be deposited with the US Postal Service in Sacramento on that same day. I
understand that service shall be presumed invalid upon motion of a party served if the postal
cancellation date or postage meter date on the envelope is more than one day after the date of
deposit for mailing contained in this declaration.
I declare under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct. Executed at Sacramento, California on April 13, 2020.
1
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Gregory M. Finch 091237 Signature Law Group 3400 Bradshaw Road, Ste A-4A Sacramento, CA 95827 TELEPHONE NO.:(916) 857-1100 FAX NO.(Optiona0: (916) 880-5255 gfinch@signaturelawgroup.com E-MAIL ADDRESS (Optional): Richard ATTORNEY FOR (Name): Bringgold, et AL. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte 4/13/2020 STREET ADDRESS: 1775 Concord Avenue MAILING ADDRESS: CITY AND ZIP CODE:ChiCO, CA 95928 BRANCH NAME: North Butte County Courthouse PLAINTIFF/PETITIONER: Erik Benik and Wishbone Ranch, LLC DEFENDANT/RESPONDENT: Richard Bringgold; 13209 Contractors Lane, LLC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ai UNLIMITED CASE 0 LIMITED CASE 18CV03508 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 4/29/2020 Time: 10:00 am Dept.: TBD Div.: Room: Address of court (if different from the address above): al Notice of Intent to Appear by Telephone, by (name): Gregory M. Finch INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Richard Bringgold; 13209 Contractors Lane, LLC b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 10/23/2018 b. al The cross-complaint, if any, was filed on (date): 3/26/2019 3. Service (to be answered by plaintiffs and cross-complainants only) a. ID All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. 1=3 The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) 0 have been served but have not appeared and have not been dismissed (specify names): (3) Q have had a default entered against them (specify names): c. 0 The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Type of case in al complaint al cross-complaint (Describe, including causes of action): Complaint: Breach of Contract; False Promise; Breach of Contract Implied in Law; Breach of the Implied Covenant of Good Faith and Fair Dealing; Reformation; Declaratory Relief and Unfair Competition. Cross-Complaint: Interference with Contractual Relations Page 1 of 5 Form Adopted for Mandatory Use Essential CASE MANAGEMENT STATEMENT Cal. Rules of Court, COS Judicial Council of California CM-110 [Rev. July 1, 2011] ceb.comkg - Forms- rules 3.720-3.730 www.courts.ca.gov Bringgold, Richard CM-110 PLAINTIFF/PETITIONER:Erik Benik and Wishbone Ranch, LLC CASE NUMBER: 18CV03508 DEFENDANT/RESPONDENT: Richard Bringgold; 13209 Contractors Lane, LLC 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiffs maintains they have an option to purchase a building leased from Defendant 13290 Contractors Lane, LLC, for 2,900,000.00 pursuant to a lease effective December 1, 2016. Defendant maintains that the option to purchase was terminated due to Plaintiffs breach and replaced by right first refusal pursuant to a superseding agreement effective June 1, 2017. D (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request 0 a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. 0 No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 5/12/2020 Petition hearing; 5/13/2020 CMC; 5/20/2020 Conservatorship Biennial hearing; 6/8/2020 Trial Setting hearing; 7/15/2020 MSC; 8/10-14/20 Trial; 9/14/2020 Arbitration. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. al days (specify number): 3 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial 0 by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel aa has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party 0 has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) 0Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) 0This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CELT Essential cebcom aia Forms- Bringgold, Richard CM-110 PLAINTIFF/PETITIONER:Erik Benik and Wishbone Ranch, LLC CASE NUMBER: 18CV03508 DEFENDANT/RESPONDENT: Richard Bringgold; 13209 Contractors Lane 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): D Mediation session not yet scheduled 0 Mediation session scheduled for (date): (1) Mediation 1:3 D Agreed to complete mediation by (date): D Mediation completed on (date): D Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for (date): conference al D Agreed to complete settlement conference by (date): al Settlement conference completed on (date): 3 / 13 / 2 0 2 0 D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): (3) Neutral evaluation CI La Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial CI D Judicial arbitration scheduled for (date): arbitration 0 Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): 0 Private arbitration not yet scheduled (5) Binding private 1:3 0 Private arbitration scheduled for (date): arbitration 0 Agreed to complete private arbitration by (date): 0 Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): 1:3 D ADR session scheduled for (date): 0 Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 CHI cab Essential 13.-3Forms- Bringgold, Richard CM-110 PLAINTIFF/PETITIONER:Erik Benik and Wishbone Ranch, LLC CASE NUMBER: 18CV03508 DEFENDANT/RESPONDENT: Richard Bringgold; 13209 Contractors Lane, 11. Insurance a. 0 Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: 0 Yes D No c. D Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. J A motion to 0 consolidate D coordinate will be filed by (name party): 14. Bifurcation 0 The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions 0 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. The party or parties have completed all discovery. b. 0 The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 C€B Essential ceb.com Worms- Bringgold, Richard CM-110 PLAINTIFF/PETITIONER: Erik Benik and Wishbone Ranch, LLC CASE NUMBER: 18CV03508 DEFENDANT/RESPONDENT: Richard Bringgold; 13209 Contractors Lane, 17. Economic litigation a. tj This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. p This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues La The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. al The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any). I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: 4/13/2020 Gregory M Finch (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR AU NEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 cos Essential cebcom OFOrinS. Bringgold, Richard Case No.: 18CV03508 PROOF OF SERVICE I, LANIKA KINCY, declare: I am over the age of eighteen (18) years and not a party to the within action. I am an employee of Signature Law Group, LLP, and my business address is 3400 Bradshaw Road, Suite A-4A, Sacramento, CA 95827 On April 13, 2020, I caused to be served the foregoing document(s): CASE MANAGEMENT STATEMENT On the parties involved and addressed as follows: Louis A. Gonzalez, Jr. Attorneys for Plaintiffs Weintraub, Tobin, Chediak, Coleman & Grodin 400 Capitol Mall, 11th FL Sacramento, CA 95814 ( X ) BY MAIL: I caused each envelope, with postage thereon fully prepaid, to be placed in the United States mail at Sacramento, California. I am readily familiar with the business practice for collection and processing of mail in this office; and that in the ordinary course of business said document would be deposited with the US Postal Service in Sacramento on that same day. I understand that service shall be presumed invalid upon motion of a party served if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained in this declaration. I declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed at Sacramento, California on April 13, 2020. 1 PROOF OF SERVICE