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1 DAVID P. NEMECEK, JR. (State Bar No. 194402)
david@fortress-law.com
2 THE FORTRESS LAW FIRM, INC.
50 California Street, Suite 1500
3 San Francisco, CA 94111 9/30/2020
Telephone: (415) 277-5400
4 Facsimile: (415) 723-7370
Attorneys for Plaintiffs and Cross-Defendants
5 BOOTUP VENTURES, LLC and BOOSTCARE dba
BOOTUP WORLD and Cross-Defendants MARCO
6 TEN VAANHOLT and MUKUL AGARWAL
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF SAN MATEO
9
UNLIMITED JURISDICTION
10
11 BOOTUP VENTURES, LLC and Case No. 18CIV06232
BOOSTCARE dba BOOTUP WORLD,
12 NOTICE OF LODGMENT OF EXHIBITS BY
Plaintiffs, PLAINTIFFS AND CROSS-DEFENDANTS
13 BOOTUP VENTURES, LLC AND
v. BOOSTCARE DBA BOOTUP WORLD AND
14 CROSS-DEFENDANTS MARCO TEN
TARUN GAUR, TRINGAPPS INC., VAANHOLT AND MUKUL AGARWAL IN
15 JINIGRAM, LLC, DIAL2BUY.COM, LLC, SUPPORT OF OPPOSITION TO MOTION BY
RAVI KUMAR aka SHAWN KUMAR and TARUN GAUR, JINIGRAM, LLC AND
16 DOES 1-20, DIAL2BUY.COM, LLC FOR LEAVE TO FILE
FIRST AMENDED CROSS-COMPLAINT
17 Defendants.
Date: October 14, 2020
18 Time: 1:30 p.m.
Dept.: Law and Motion
19
Action Filed: November 19, 2018
20 Trial Date: December 14, 2020
21 AND RELATED CROSS-COMPLAINT.
22
23
24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
25 PLEASE TAKE NOTICE that Plaintiffs and Cross-Defendants BootUp Ventures, LLC
26 and Boostcare dba BootUp World and Cross-Defendants Marco ten Vaanholt and Mukul Agarwal
27 hereby lodge the following documents with the Court in support of their Opposition to the Motion
28 by Cross-Complainants Tarun Gaur, Jinigram, LLC and Dial2Buy.Com, LLC for Leave to File
NOTICE OF LODGMENT OF EXHIBITS BY PLAINTIFF AND CROSS-DEFENDANT BOOTUP VENTURES,
LLC IN SUPPORT OF OPPOSITION TO MOTION FOR LEAVE TO FILE FIRST AMENDED CROSS-
COMPLAINT
1
First Amended Cross-Complaint.
2
3
Exhibit Description
4
1 Request for Dismissal of Cross-Defendant Andreas Birnik, filed by Cross-
5
Complainants in this matter on January 29, 2020.
6
2 Clerk’s Notice of Jury Trial and Mandatory Settlement Conference, issued by this
7
Court on February 13, 2020.
8
9
10 Dated: September 30, 2020 THE FORTRESS LAW FIRM, INC.
11
12
13 By:
DAVID P. NEMECEK, JR.
14 Attorneys for Plaintiffs and Cross-Defendants BOOTUP
VENTURES, LLC and BOOSTCARE dba BOOTUP
15 WORLD and Cross-Defendants MARCO TEN
VAANHOLT and MUKUL AGARWAL
16
17
18
19
20
21
22
23
24
25
26
27
28 2
NOTICE OF LODGMENT OF EXHIBITS BY PLAINTIFF AND CROSS-DEFENDANT BOOTUP VENTURES,
LLC IN SUPPORT OF OPPOSITION TO MOTION FOR LEAVE TO FILE FIRST AMENDED CROSS-
COMPLAINT
EXHIBIT 1
CIV-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Douglas N. Akay 131011
AkayLaw
100 Pine Street, Suite 2700
San Francisco, CA 94111
TELEPHONE NO.:( 415) 7 64-1999 FAX NO. (Optional): ( 415) 7 64-1994
Electronically
dnakay@akaylaw.com
E-MAIL ADDRESS {Optional):
ATTORNEY FOR (Name): Tarun Gaur , Dial2Buy .com, Jinigram LLC
FILED
by Su perw:,r CoUJt of Caltforn1111, Cou n1y ot San Mateo
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo ON 1/29/2020
STREET ADDRESS: 400 County Center
MAILING ADDRESS:
By lsl Una Finau
Deputy Clerk
CITY AND ZIP CODE: Redwood City, CA 94063
BRANCH NAME:
PLAINTIFF/PETITIONER: Boot up Ventures, LLC and Boostcare dba
Bootup World
DEFENDANT/RESPONDENT: Ta run Gaur, Tringapps, Inc., Jinigram, LLC , Di
Ravi Kumar akd Shawn Kumar and Does 1 through 20, inclusive
CASE NUMBER:
REQUEST FOR DISMISSAL
18CIV06232
A conformed copy will not be returned by the clerk unless a method of return is provided with the document.
This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a
class action. (Cal. Rules of Court, rules 3.760 and 3.770.)
1. TO THE CLERK: Please dismiss this action as follows:
a. (1)D With prejudice (2) IX) Without prejudice
b. (1)D Complaint (2)D Petition
(3)D Cross-complaint filed by (name): on (date):
(4)D Cross-complaint filed by (name): on (date):
(5)D Entire action of all parties and all causes of action
(6)IX) Other (specify):* ANDREAS BIRNIK, an individual.
2. (Complete in all cases except family law cases.)
The court 0did 0did not waive court fees and costs for a party in this case. (This information may be obtained from
the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed).
Date: January 29, 2020
DOUGLAS.N.AKAY,.ES.Q........................................... â–º _-L..._-"------~---
(TYPE OR PRINT NAME OFD ATTORNEY D PARTY WITHOUT ATTORNEY) (SIGNATURE)
• Attorney or party without attorney for:
If dismissal requested is of specified parties only, of specified causes of action
only, or of specified cross-complaints only, so state and identify the parties,
causes of action, or cross-complaints to be dismissed.
D Plaintiff/Petitioner IX) DefendanURespondent
IX) Cross-Complainant
3. TO THE CLERK: Consent to the above dismissal is hereby given.**
Date:
â–º---------------
D
(TYPE OR PRINT NAME OF ATTORNEY D PARTY WITHOUT ATTORNEY) (SIGNATURE)
•• If a cross-complaint - or ResP.onse (Family Law) seeking affirmative Attorney or party without attorney for:
relief - is on file, the attorney for the cross-complainant (resP.ondent) must
D
sigr) this consent if required" by Code of Civil Procedure section 581(i)
or 0).
Plaintiff/Petitioner D DefendanURespondent
D Cross-Complainant
(To be completed by clerk)
4. D Dismissal entered as requested on (date):
5. DX Dismissal entered on (date): 1/29/2020 as to only (name): AS STATED ABOVE
6. D Dismissal not entered as requested for the following reasons (specify):
7. a. D Attorney or party without attorney notified on (date):
b. 0 Attorney or party without attorney not notified.
Filing party failed to provide
D a copy to be conformed D means to return conformed copy
/s/ Unaloto Finau
Date: 1/29/2020 Neal I. Taniguchi Clerk, by - -- - - - - - - - - - - - - - - - - - - , , Deputy
Page 1 of 2
Fonn Adopted for Mandatory Use Code of Civil Procedure. § 581 et seq.,
([B' , Essential
Judicial Council of California REQUEST FOR DISMISSAL Gov. Code,§ 68637(c); Cal. Rules of Court. rule 3.1390
CIV-110 (Rev. Jan. 1, 2013)
ceb.com0 Forms· www.courts.ca.gov
GAUR1901
CIV-110
PLAINTIFF/PETITIONER: Bootup Ventures, LLC and Boostcare db CASE NUMBER:
18CIV06232
DEFENDANT/RESPONDENT: Tarun Gaur, Tringapps, Inc., Jinigram
COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS
If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or
more in value by way of settlement, compromise, arbitration award, mediation settlement, or other
means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until
the lien is satisfied. (Gov. Code,§ 68637.}
Declaration Concerning Waived Court Fees
1. The court waived fees and costs in this action for (name):
2. The person in item 1 is (check one below):
a. â–¡ not recovering anything of value by this action.
b. â–¡ recovering less than $10,000 in value by this action.
c. â–¡ recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.)
3. â–¡ All court fees and costs that were waived in this action have been paid to the court (check one): â–¡ Yes O No
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
â–º----------
(TYPE OR PRINT NAME OFâ–¡ ATTORNEY â–¡ PARTY MAKING DECLARATION) (SIGNATURE)
CIV-110 (Rev. January 1, 2013) Page 2 of 2
REQUEST FOR DISMISSAL
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EXHIBIT 2
SUPERIOR COURT OF SAN MATEO COUNTY
Civil Depart ment
400 County Cent er, Red~ood City, CA 94063
(650) 261-5100
www.sanmateo court.org
BOOTUP VENTURES, LLC
Plaintiff (s) Case Number: 18-CIV-06232
vs.
Clerk's Notice of Jury Trial and
TARUN GAUR Mandatory Settlement Conference
Defendant (s)
Title :BOOTUP VENTURES, LLC, ET AL VS. TARUN GAUR, ET AL
DAVID P NEM ECEK JR
TH E FORTRESS LAW FIRM INC
555 CALIFORNIA STREET
SUITE 4925
SAN FRANCISCO CA 94104
DOUGLAS N AKAY
AKAY LAW
333 BUSH STREET
SUITE 2250
SAN FRANCISCO CA 94104
KATHLEEN B FRIEND
DONAHUE FITZGERALD LLP
1999 HARRISON STREET
SUITE 2600
OAKLAND CA 94612
The above named parties and their respective attorneys are hereby notified that the above matter is
calendared for a Mandatory Settlement Conference on 12/1/2020 at 1:30 PM at the Hall of Justice and
Records, 400 County Center, Redwood City, California 94063 .
Parties are directed to comply with Local Rule of Court 2.4 and are admonished that the Court will insist on
strict compliance therewith. Sanctions may be imposed for failure to comply. A conference statement shall
be delivered to the Court with proof of actual service on the opposing party no less than five (5) court days
before the date of the hearing.
The above named parties and their respective attorneys are hereby notified that the above matter is
calendared for Jury Trial on 12/14/2020 at 9:00 AM at the Hall of Justice and Records, 400 County Center,
Redwood City, California 94063.
Note: Jury fees must be posted within the time required by CCP Section 631.
Pursuant to Rules 3.1385, California Rules of Court, you must advise the Court of any change of status, or
settlement of this case.
Rev. Jun. 2016
CLERK'S CERTIFICATE OF MAILING
I hereby certify that I am the clerk of this Court, not a party of this cause; that I served a copy of this notice on the below
date, by placing a copy thereof in separate sealed envelopes addressed to the address shown by the records of this Court,
and by then sealing said envelopes and depositing same, with postage fully pre-paid thereon, in the United States Mail at
Redwood City, California.
Date: 2/18/2020 Neal I Taniguchi, Court Executive Officer/Clerk
By:
Blanca Solis,
Deputy Clerk
Rev. Jun. 2016
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1 DAVID P. NEMECEK, JR. (State Bar No. 194402) david@fortress-law.com 2 THE FORTRESS LAW FIRM, INC. 50 California Street, Suite 1500 3 San Francisco, CA 94111 9/30/2020 Telephone: (415) 277-5400 4 Facsimile: (415) 723-7370 Attorneys for Plaintiffs and Cross-Defendants 5 BOOTUP VENTURES, LLC and BOOSTCARE dba BOOTUP WORLD and Cross-Defendants MARCO 6 TEN VAANHOLT and MUKUL AGARWAL 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN MATEO 9 UNLIMITED JURISDICTION 10 11 BOOTUP VENTURES, LLC and Case No. 18CIV06232 BOOSTCARE dba BOOTUP WORLD, 12 NOTICE OF LODGMENT OF EXHIBITS BY Plaintiffs, PLAINTIFFS AND CROSS-DEFENDANTS 13 BOOTUP VENTURES, LLC AND v. BOOSTCARE DBA BOOTUP WORLD AND 14 CROSS-DEFENDANTS MARCO TEN TARUN GAUR, TRINGAPPS INC., VAANHOLT AND MUKUL AGARWAL IN 15 JINIGRAM, LLC, DIAL2BUY.COM, LLC, SUPPORT OF OPPOSITION TO MOTION BY RAVI KUMAR aka SHAWN KUMAR and TARUN GAUR, JINIGRAM, LLC AND 16 DOES 1-20, DIAL2BUY.COM, LLC FOR LEAVE TO FILE FIRST AMENDED CROSS-COMPLAINT 17 Defendants. Date: October 14, 2020 18 Time: 1:30 p.m. Dept.: Law and Motion 19 Action Filed: November 19, 2018 20 Trial Date: December 14, 2020 21 AND RELATED CROSS-COMPLAINT. 22 23 24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 25 PLEASE TAKE NOTICE that Plaintiffs and Cross-Defendants BootUp Ventures, LLC 26 and Boostcare dba BootUp World and Cross-Defendants Marco ten Vaanholt and Mukul Agarwal 27 hereby lodge the following documents with the Court in support of their Opposition to the Motion 28 by Cross-Complainants Tarun Gaur, Jinigram, LLC and Dial2Buy.Com, LLC for Leave to File NOTICE OF LODGMENT OF EXHIBITS BY PLAINTIFF AND CROSS-DEFENDANT BOOTUP VENTURES, LLC IN SUPPORT OF OPPOSITION TO MOTION FOR LEAVE TO FILE FIRST AMENDED CROSS- COMPLAINT 1 First Amended Cross-Complaint. 2 3 Exhibit Description 4 1 Request for Dismissal of Cross-Defendant Andreas Birnik, filed by Cross- 5 Complainants in this matter on January 29, 2020. 6 2 Clerk’s Notice of Jury Trial and Mandatory Settlement Conference, issued by this 7 Court on February 13, 2020. 8 9 10 Dated: September 30, 2020 THE FORTRESS LAW FIRM, INC. 11 12 13 By: DAVID P. NEMECEK, JR. 14 Attorneys for Plaintiffs and Cross-Defendants BOOTUP VENTURES, LLC and BOOSTCARE dba BOOTUP 15 WORLD and Cross-Defendants MARCO TEN VAANHOLT and MUKUL AGARWAL 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF LODGMENT OF EXHIBITS BY PLAINTIFF AND CROSS-DEFENDANT BOOTUP VENTURES, LLC IN SUPPORT OF OPPOSITION TO MOTION FOR LEAVE TO FILE FIRST AMENDED CROSS- COMPLAINT EXHIBIT 1 CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Douglas N. Akay 131011 AkayLaw 100 Pine Street, Suite 2700 San Francisco, CA 94111 TELEPHONE NO.:( 415) 7 64-1999 FAX NO. (Optional): ( 415) 7 64-1994 Electronically dnakay@akaylaw.com E-MAIL ADDRESS {Optional): ATTORNEY FOR (Name): Tarun Gaur , Dial2Buy .com, Jinigram LLC FILED by Su perw:,r CoUJt of Caltforn1111, Cou n1y ot San Mateo SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo ON 1/29/2020 STREET ADDRESS: 400 County Center MAILING ADDRESS: By lsl Una Finau Deputy Clerk CITY AND ZIP CODE: Redwood City, CA 94063 BRANCH NAME: PLAINTIFF/PETITIONER: Boot up Ventures, LLC and Boostcare dba Bootup World DEFENDANT/RESPONDENT: Ta run Gaur, Tringapps, Inc., Jinigram, LLC , Di Ravi Kumar akd Shawn Kumar and Does 1 through 20, inclusive CASE NUMBER: REQUEST FOR DISMISSAL 18CIV06232 A conformed copy will not be returned by the clerk unless a method of return is provided with the document. This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (Cal. Rules of Court, rules 3.760 and 3.770.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1)D With prejudice (2) IX) Without prejudice b. (1)D Complaint (2)D Petition (3)D Cross-complaint filed by (name): on (date): (4)D Cross-complaint filed by (name): on (date): (5)D Entire action of all parties and all causes of action (6)IX) Other (specify):* ANDREAS BIRNIK, an individual. 2. (Complete in all cases except family law cases.) The court 0did 0did not waive court fees and costs for a party in this case. (This information may be obtained from the clerk. If court fees and costs were waived, the declaration on the back of this form must be completed). Date: January 29, 2020 DOUGLAS.N.AKAY,.ES.Q........................................... ► _-L..._-"------~--- (TYPE OR PRINT NAME OFD ATTORNEY D PARTY WITHOUT ATTORNEY) (SIGNATURE) • Attorney or party without attorney for: If dismissal requested is of specified parties only, of specified causes of action only, or of specified cross-complaints only, so state and identify the parties, causes of action, or cross-complaints to be dismissed. D Plaintiff/Petitioner IX) DefendanURespondent IX) Cross-Complainant 3. TO THE CLERK: Consent to the above dismissal is hereby given.** Date: ►--------------- D (TYPE OR PRINT NAME OF ATTORNEY D PARTY WITHOUT ATTORNEY) (SIGNATURE) •• If a cross-complaint - or ResP.onse (Family Law) seeking affirmative Attorney or party without attorney for: relief - is on file, the attorney for the cross-complainant (resP.ondent) must D sigr) this consent if required" by Code of Civil Procedure section 581(i) or 0). Plaintiff/Petitioner D DefendanURespondent D Cross-Complainant (To be completed by clerk) 4. D Dismissal entered as requested on (date): 5. DX Dismissal entered on (date): 1/29/2020 as to only (name): AS STATED ABOVE 6. D Dismissal not entered as requested for the following reasons (specify): 7. a. D Attorney or party without attorney notified on (date): b. 0 Attorney or party without attorney not notified. Filing party failed to provide D a copy to be conformed D means to return conformed copy /s/ Unaloto Finau Date: 1/29/2020 Neal I. Taniguchi Clerk, by - -- - - - - - - - - - - - - - - - - - - , , Deputy Page 1 of 2 Fonn Adopted for Mandatory Use Code of Civil Procedure. § 581 et seq., ([B' , Essential Judicial Council of California REQUEST FOR DISMISSAL Gov. Code,§ 68637(c); Cal. Rules of Court. rule 3.1390 CIV-110 (Rev. Jan. 1, 2013) ceb.com0 Forms· www.courts.ca.gov GAUR1901 CIV-110 PLAINTIFF/PETITIONER: Bootup Ventures, LLC and Boostcare db CASE NUMBER: 18CIV06232 DEFENDANT/RESPONDENT: Tarun Gaur, Tringapps, Inc., Jinigram COURT'S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied. (Gov. Code,§ 68637.} Declaration Concerning Waived Court Fees 1. The court waived fees and costs in this action for (name): 2. The person in item 1 is (check one below): a. □ not recovering anything of value by this action. b. □ recovering less than $10,000 in value by this action. c. □ recovering $10,000 or more in value by this action. (If item 2c is checked, item 3 must be completed.) 3. □ All court fees and costs that were waived in this action have been paid to the court (check one): □ Yes O No I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ►---------- (TYPE OR PRINT NAME OF□ ATTORNEY □ PARTY MAKING DECLARATION) (SIGNATURE) CIV-110 (Rev. January 1, 2013) Page 2 of 2 REQUEST FOR DISMISSAL C~· ,L.U ab.com 1Essential r::;'IJforms· J::J __ GAUR1901 EXHIBIT 2 SUPERIOR COURT OF SAN MATEO COUNTY Civil Depart ment 400 County Cent er, Red~ood City, CA 94063 (650) 261-5100 www.sanmateo court.org BOOTUP VENTURES, LLC Plaintiff (s) Case Number: 18-CIV-06232 vs. Clerk's Notice of Jury Trial and TARUN GAUR Mandatory Settlement Conference Defendant (s) Title :BOOTUP VENTURES, LLC, ET AL VS. TARUN GAUR, ET AL DAVID P NEM ECEK JR TH E FORTRESS LAW FIRM INC 555 CALIFORNIA STREET SUITE 4925 SAN FRANCISCO CA 94104 DOUGLAS N AKAY AKAY LAW 333 BUSH STREET SUITE 2250 SAN FRANCISCO CA 94104 KATHLEEN B FRIEND DONAHUE FITZGERALD LLP 1999 HARRISON STREET SUITE 2600 OAKLAND CA 94612 The above named parties and their respective attorneys are hereby notified that the above matter is calendared for a Mandatory Settlement Conference on 12/1/2020 at 1:30 PM at the Hall of Justice and Records, 400 County Center, Redwood City, California 94063 . Parties are directed to comply with Local Rule of Court 2.4 and are admonished that the Court will insist on strict compliance therewith. Sanctions may be imposed for failure to comply. A conference statement shall be delivered to the Court with proof of actual service on the opposing party no less than five (5) court days before the date of the hearing. The above named parties and their respective attorneys are hereby notified that the above matter is calendared for Jury Trial on 12/14/2020 at 9:00 AM at the Hall of Justice and Records, 400 County Center, Redwood City, California 94063. Note: Jury fees must be posted within the time required by CCP Section 631. Pursuant to Rules 3.1385, California Rules of Court, you must advise the Court of any change of status, or settlement of this case. Rev. Jun. 2016 CLERK'S CERTIFICATE OF MAILING I hereby certify that I am the clerk of this Court, not a party of this cause; that I served a copy of this notice on the below date, by placing a copy thereof in separate sealed envelopes addressed to the address shown by the records of this Court, and by then sealing said envelopes and depositing same, with postage fully pre-paid thereon, in the United States Mail at Redwood City, California. Date: 2/18/2020 Neal I Taniguchi, Court Executive Officer/Clerk By: Blanca Solis, Deputy Clerk Rev. Jun. 2016