On April 06, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Lopez, Briceida,
Solis, Jose,
and
Amerigas, Inc., A Corporation,
Amerigas Propane, Inc, A Corporation,
Amerigas Propane, L.P., A Business Entity,
Bonifacio, Paul,
Does One Through One-Hundred, Inclusive,
Hyun, Margaret,
for (24) Unlimited Product Liability
in the District Court of San Mateo County.
Preview
LE‘WIS BRISBOTS BISGAARD & SMITH LLP
SHAWN A. TOLIVER,
Email:
SB# 148349
Sham.Toliver@lewisbrisboi5.00m
FILED
SAN MATEO COUNTY
JULIE M. AZEVEDO, SB# 151618
Email: Julie.Azevedo@lewisbrisbois.com
COLIN E. HOWARD, SB# 308924
Email: ColinHowardr’cewisbrisbois.corn
333 Bush Street, Suite 1100
San Francisco, California 94104-2872
Telephone: 415.362.2580
\OOOQONUIANNH
Facsimile: 415.434.0882 (1a—cIv—o1sgs
MOTc
Motion
Attorneys for Defendants PAUL BONIFACIO and 1172176
MARGARET HYUN (erroneously sued as
MARGOT HYUN)
1 ll!" llllllllllllllllllllflHill!
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
BRICEIDA LOPEZ, an adult by and through CASE NO. 18CIV01696
her Guardian ad Litem, ELBA KARINA
LOPEZ GOMEZ, DEFENDANTS PAUL BONIFACIO AND
MARGARET HYUN’S NOTICE OF
Plaintiff, MOTION AND MOTION FOR
TRANSFER OF VENUE
vs.
cooflmUI-kUJNl-‘Q
Date: July 2, 2018
PAUL BONIFACIO, MARGOT HYUN, and Time: 9:00 am.
DOES ONE thorough ONE-HUNDRED, Dept: Law & Motion
CF) inclusive,
NNHI—‘HHHHHHHH
Judge:
Defendants. Action Filed: April 6, 2018
Trial Date: None Set
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORDS:
PLEASE TAKE NOTICE that on July 2, 2018, 2018, at 9:00 a.m., or as soon thereafter
as counsel can be heard, in the Law and Motion Department of the above entitled court at the
22 courthouse located at 400 County Center, Redwood City, CA 94063, Defendants PAUL
BONTFACIO and MARGARET HYUN (erroneously sued as MARGOT HYUN) will and hereby
do move this Court for an order to transfer the venue of this action to the Superior Court of the
State of Ca‘lifornia in and for the County of Placery
///
///
LEWIS ///
BRISBOIS
BlSGAARD 4S46-052‘1-7093J
& SMIIH UP 1
ATTORNEYS AT lAVv' DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE
1 This motion to transfer venue is made pursuant to Code of Civil Procedure sections 397(1))
2 and (c) on the grounds that Defendants have reason to believe that an impartial trial cannot be held
3 in San Mateo County, and because the convenience of witnesses and the ends of justice would be
4 promoted by the transfer to Placer County.
5 This motion is based upon this Notice of Motion and Motion, the Memorandum of Points
6 and Authorities filed concurrently herewith, the Declaration of Julie M. Azevedo filed
7 concurrently herewith, and the pleadings and documents currently on file with this Court, and on
8 such further oral or documentary evidence as may be presented at the hearing of this matter.
..
9
10 DATED: May 25, 2018
11
12
13
14 Colin E. Howard
Attorneys for Defendants PAUL BONIFACIO and
15
MARGARET HYUN (erroneously sued as
16 MARGOT HYUN)
17
18
19
20
21
22
23
24
25
26
27
28
$312.33
BISGAARD 4846-0523-7093]
2
310%,“; DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE
PROOF OF SERVICE
Briceida Lopez v. Paul Bonifacio, er a1.
San Mateo County Superior Court, Case No. lSCIV01696
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
At the time of service, I was over 18 years of age and not a party to the action. My
business address is 333
\OoeflaUI-ikLNNI—l
Bush Street, Suite 1100, San Francisco, CA 94104-2872.
On May 25, 2018, I served the following document:
DEFENDANTS PAUL BONIFACIO AND MARGARET HYUN’S
NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE
I served the document on the following persons at the following addresses (including fax
numbers and email addresses, if applicable);
Matthew D. Davis, Esq.
Spencer J. Pahlke, Esq.
Walkup, Melodia, Kelly & Schoenberger
650 California Street, 26th Floor
San Francisco, CA 94108—2615
Tel: (415) 981-7210
Fax: (415) 391—6965
Email: mdavis@walkuplawofficecom
spahlke@walkuplawoffice.com
Attornevs for Plaintiff BRICEIDA LOPEZ
The document was served by the following means:
1331 (BY US. MAIL) I enclosed the document in a sealed envelope or package addressed to
the persons at the addresses listed above and placed the envelope or package for collection and
mailing, following our ordinary business practices. I am readily familiar with the firm’s practice
for collection and processing correspondence for mailing. Under that practice, on the same day
it
NNNNNNNNNHHHHHHHHl—IH
that correspondence is placed for collection and mailing, is deposited in the ordinary course of
business with the U.S.
ooqaxUI-D-mNr—IceooxlaxUI-RUJNHG
Postal Service, in a sealed envelope or package with the postage fully
prepaid.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on May 25, 2018, at San Francisco, California.
b
Nor Wincent
LEWIS
BRISBOIS
BlSGAARD 48464152340911
3
&S\AHHLLP
Al UM!
ATTOflNEYS PROOF OF SERVICE
Preview
LE‘WIS BRISBOTS BISGAARD & SMITH LLP SHAWN A. TOLIVER, Email: SB# 148349 Sham.Toliver@lewisbrisboi5.00m FILED SAN MATEO COUNTY JULIE M. AZEVEDO, SB# 151618 Email: Julie.Azevedo@lewisbrisbois.com COLIN E. HOWARD, SB# 308924 Email: ColinHowardr’cewisbrisbois.corn 333 Bush Street, Suite 1100 San Francisco, California 94104-2872 Telephone: 415.362.2580 \OOOQONUIANNH Facsimile: 415.434.0882 (1a—cIv—o1sgs MOTc Motion Attorneys for Defendants PAUL BONIFACIO and 1172176 MARGARET HYUN (erroneously sued as MARGOT HYUN) 1 ll!" llllllllllllllllllllflHill! SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO BRICEIDA LOPEZ, an adult by and through CASE NO. 18CIV01696 her Guardian ad Litem, ELBA KARINA LOPEZ GOMEZ, DEFENDANTS PAUL BONIFACIO AND MARGARET HYUN’S NOTICE OF Plaintiff, MOTION AND MOTION FOR TRANSFER OF VENUE vs. cooflmUI-kUJNl-‘Q Date: July 2, 2018 PAUL BONIFACIO, MARGOT HYUN, and Time: 9:00 am. DOES ONE thorough ONE-HUNDRED, Dept: Law & Motion CF) inclusive, NNHI—‘HHHHHHHH Judge: Defendants. Action Filed: April 6, 2018 Trial Date: None Set TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORDS: PLEASE TAKE NOTICE that on July 2, 2018, 2018, at 9:00 a.m., or as soon thereafter as counsel can be heard, in the Law and Motion Department of the above entitled court at the 22 courthouse located at 400 County Center, Redwood City, CA 94063, Defendants PAUL BONTFACIO and MARGARET HYUN (erroneously sued as MARGOT HYUN) will and hereby do move this Court for an order to transfer the venue of this action to the Superior Court of the State of Ca‘lifornia in and for the County of Placery /// /// LEWIS /// BRISBOIS BlSGAARD 4S46-052‘1-7093J & SMIIH UP 1 ATTORNEYS AT lAVv' DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE 1 This motion to transfer venue is made pursuant to Code of Civil Procedure sections 397(1)) 2 and (c) on the grounds that Defendants have reason to believe that an impartial trial cannot be held 3 in San Mateo County, and because the convenience of witnesses and the ends of justice would be 4 promoted by the transfer to Placer County. 5 This motion is based upon this Notice of Motion and Motion, the Memorandum of Points 6 and Authorities filed concurrently herewith, the Declaration of Julie M. Azevedo filed 7 concurrently herewith, and the pleadings and documents currently on file with this Court, and on 8 such further oral or documentary evidence as may be presented at the hearing of this matter. .. 9 10 DATED: May 25, 2018 11 12 13 14 Colin E. Howard Attorneys for Defendants PAUL BONIFACIO and 15 MARGARET HYUN (erroneously sued as 16 MARGOT HYUN) 17 18 19 20 21 22 23 24 25 26 27 28 $312.33 BISGAARD 4846-0523-7093] 2 310%,“; DEFENDANTS’ NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE PROOF OF SERVICE Briceida Lopez v. Paul Bonifacio, er a1. San Mateo County Superior Court, Case No. lSCIV01696 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, I was over 18 years of age and not a party to the action. My business address is 333 \OoeflaUI-ikLNNI—l Bush Street, Suite 1100, San Francisco, CA 94104-2872. On May 25, 2018, I served the following document: DEFENDANTS PAUL BONIFACIO AND MARGARET HYUN’S NOTICE OF MOTION AND MOTION FOR TRANSFER OF VENUE I served the document on the following persons at the following addresses (including fax numbers and email addresses, if applicable); Matthew D. Davis, Esq. Spencer J. Pahlke, Esq. Walkup, Melodia, Kelly & Schoenberger 650 California Street, 26th Floor San Francisco, CA 94108—2615 Tel: (415) 981-7210 Fax: (415) 391—6965 Email: mdavis@walkuplawofficecom spahlke@walkuplawoffice.com Attornevs for Plaintiff BRICEIDA LOPEZ The document was served by the following means: 1331 (BY US. MAIL) I enclosed the document in a sealed envelope or package addressed to the persons at the addresses listed above and placed the envelope or package for collection and mailing, following our ordinary business practices. I am readily familiar with the firm’s practice for collection and processing correspondence for mailing. Under that practice, on the same day it NNNNNNNNNHHHHHHHHl—IH that correspondence is placed for collection and mailing, is deposited in the ordinary course of business with the U.S. ooqaxUI-D-mNr—IceooxlaxUI-RUJNHG Postal Service, in a sealed envelope or package with the postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 25, 2018, at San Francisco, California. b Nor Wincent LEWIS BRISBOIS BlSGAARD 48464152340911 3 &S\AHHLLP Al UM! ATTOflNEYS PROOF OF SERVICE