Motion-Secondary: MARTINEZ, ALDO vs ANDERSON, GERALD JOSEPH

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                                Electronically Filed
                                                                      11/5/2020 2:32 PM
                                                                      Superior Court of California
     Daniel D. Geoulla, Esq. (SBN: 255800)
                                                                      County of Stanislaus
     Michael B. Geoola, Esq. (SBN: 235365)
                                                                      Clerk of the Court
     B & D LAW GROUP, APLC.
                                                                      By: Sabrina Bouldt, Deputy
     10700 Santa Monica Blvd., Suite 200
     Los Angeles, Califomia 90025
     Telephone: (310) 424-5252
     Facsimile:     (310) 492-5855
     Attomeys for Plaintiffs,
     Aldo Martinez


                         SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                    FOR THE COUNTY         OF STANISLAUS
                                     MODESTO      CITY TOWERS - CIVIL

10   ALDO MARTINEZ,                                        CASE NO. CV-18-003527

11                    Plaintiff,                           Judge: Hon. Timothy W. Salter
12            VS.                                          PLAINTIFF ALDO MARTINEZ’S
13                                                         OPPOSITION TO CSAA
     GERALD JOSEPH ANDERSON, and DOES                      INSURANCE EXCHANGE’S
14    1 to 100, inclusive.
                                                           MOTION FOR LEAVE TO FILE
15
                                                           COMPLAINT IN INTERVENTION;
                      Defendants.
                                                           MEMORANDUM OF POINTS &
16                                                         AUTHORITIES; DECLARATION OF
                                                           DANIEL GEOULLA, ESQ. IN
17                                                         SUPPORT
18
                                                           Date:   November 19, 2020
19                                                         Time:   8:30am.
                                                          Dept:    21
20

21   TO THE COURT AND ALL INTERESTED PARTIES:
              NOTICE         IS HEREBY      GIVEN that Plaintiff Aldo Martinez hereby opposes
     CSAA       Insurance Company’s (hereinafter “moving party”) Motion for leave to file
24   complaint in intervention, set to be heard on November 19, 2020.

25            This Opposition is made on the grounds that (i) the moving party’s motion is
26   untimely as the moving party had adequate notice of the action, (ii) moving party’s
27   motion would delay this action, (iii) the intervention would severely prejudice plaintiff,
     and, (iv) intervention will simply interject additional issues into the litigation.
                                                          1
                               PLAINTIFF'S OPPOSITION TO MOTION TO SET ASIDE DEFAULT
Plaintiff's opposition is made pursuant to CCP § 387 and applicable case law.
            This Opposition is also based upon the attached memorandum of points and authorities;
            the Declaration of Daniel Geoulla, Esq.; the pleadings; orders; and notices contained in
           the Court's
                 file for this case, and upon such oral and documentary evidence as may be




            momen teow
           presented at the hearing of this matter.




                                                        Attomeys for Plaintiffs,
                                                        Aldo Martinez
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                                 PLAINTIFF'S OPPOSITION TO MOTION TO SET ASIDE DEFAULT
MEMORANDUM            OF POINTS AND AUTHORITIES
                 I     INTRODUCTION
                       This action arises from a motor vehicle v. pedestrian collision that occurred on
               October 21, 2016 at or around, 2525 Patterson Rd., Riverbank, CA 95367. As a result of
              the incident, Plaintiff who was a pedestrian sustained severe injuries. These facts are not
               contested or disputed.
                II.    PROCEDURAL           HISTORY
                       On March 9, 2018, Plaintiff prior to initiating this lawsuit, sent a demand letter to
              the moving party. (See “Exhihit
                                            A” a true and correct copy of the demand letter sent by
         10    Plaintiff’s counsel, attached hereto and incorporated herein by reference.)
         11            On October 19, 2018 Plaintiff filed his complaint, for personal injuries and
         12    damages, with this Court. (See “Exhibit B’, a true and comect copy of Plaintiff’s
         13    complaint,    attached hereto and incorporated herein by reference.) At which point

  Ew     14   Moving Party confirmed that the complaint was filed and the statute of limitations was
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Da#LR    16            On July 29, 2019 Plaintiff after was successful in serving Defendant Gerald
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