Preview
—
Matthew C. Bradford, Esq. (196798)
Nathan M. Robinson, Esq. (305611)
HO
ROBINSON BRADFORD LLP L LL r= FY
3439 Brookside Road, Suite 212 Superior Court of,California
WY
Stockton, CA 95219 OUDiy oF renee
Telephone: (209) 954-9001 MAR 16 2020
FF
Facsimile: oo) vore0?h Jake Chatters
HO
berate Officer & Clerk
Attorneys for Defendants, : O. Lucatuorto, Deputy
Dn
Roseville Petroleum, Inc., Nirmal Singh
ON
SUPERIOR COURT OF CALIFORNIA
Oo
COUNTY OF PLACER - UNLIMITED CIVIL
VOYAGER RESTAURANT GROUP, INC., a CASE NO. S-CV-0035599
et
California corporation
NOTICE OF MOTION OF
me
Plaintiff, DEFENDANTS ROSEVILLE
me
PETROLEUM, INC. AND NIRMAL
vs. SINGH’S MOTION TO DISMISS
PLAINTIFF’S COMPLAINT FOR
SONORA GASOLINE CORPORATION, a FAILURE TO PROSECUTE
me
California corporation formerly known as
SONORA PETROLEUM, INC., a California Date: April 16,2020
corporation, GURRAJ SINGH GREWAL, Time: 8:30 a.m.
SABAL FINANCIAL GROUP LP, a Dept.: TBD
Delaware limited partnership; 2012-SIP-1 Judge:
VENTURE LLC, A Delaware limited
ww
liability company as successor to Tennessee
State Charted Bank, ROSEVILLE
PETROLEUM, INC., a California
corporation, NIRMAL SINGH, and DOES
NO
ONE through TWENTY, inclusive
NO
Defendants.
TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY:
NO
NO
NOTICE IS HEREBY GIVEN that on April 16, 2020, at 8:30 a.m., or as soon
NO
thereafter as the matter may be heard, in Department TBD of this court, located at 10820
Justice Center Drive, Roseville, California 95678, Defendants Roseville Petroleum, Inc., Nirmal
Singh, will ask the Court to dismiss plaintiff's complaint for failure to prosecute.
N
1
NOTICE OF DEFENDANTS ROSEVILLE PETROLEUM, INC. AND NIRMAL SINGH’S MOTION TO
DISMISS PLAINTIFF’S COMPLAINT FOR FAILURE TO PROSECUTE
The motion will be based on this notice of motion, the memorandum of points and
authorities served and filed herewith, declaration of Matthew C. Bradford, request for judicial
notice, the papers and records on fileherein, and on such oral and documentary evidence as may
be presented at the hearing of the motion.
wn
YOU ARE NOTIFIED that, pursuant to Local Rule 20.2.1., the Defendants have made a
DD
reasonable and good faith attempt to meet and confer regarding filing aDemurrer. The
NN
Defendants also attempted to arrange a mutually agreed upon date forthe hearing.
OSH
YOU ARE ALSO NOTIFIED that,pursuant to Local Rule 20.2.3, tentative rulings will
Oo
be issued on law and motion matters the Court day prior to the hearing date. The tentative ruling
will be available after 12:00 noon as an audio recording accessible at (916) 408-6480. The
tentative ruling will also be made available on the court’s website, www.placer.courts.ca.gov. The
tentative ruling shall become the final ruling on the matter and no hearing will be held unless oral
argument istimely requested or the tentative ruling indicates otherwise. Requests for oral
argument shall be made by calling (916) 408-648 Ino later than 4:00 p.m. on the court day prior to
the hearing. The requesting party or attorney must leave a voice message stating the name and
number of the case, the name of the party requesting oral argument, and that all other parties have
been notified of the request.
ROBINSON BRAIDFORD LLP
DATED: March 16, 2020
dseville Petroleum,
2
NOTICE OF DEFENDANTS ROSEVILLE PETROLEUM, INC. AND NIRMAL SINGH’S MOTION TO
DISMISS PLAINTIFF’S COMPLAINT FOR FAILURE TO PROSECUTE
PROOF OF SERVICE
I,the undersigned, certifyand declareas follows: |am over the age ofeighteen years and not a party tothis
NW
action.My business address isROBINSON BRADFORD LLP, 3439 Brookside Road, Suite212, Stockton, California
95219, which islocated inSan Joaquin County where themailing and/or delivery below took place.
2
On March 16, 2020, Iserved the following document(s) NOTICE OF DEFENDANTS ROSEVILLE
PETROLEUM, INC. AND NIRMAL SINGH’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT FOR
FAILURE TO PROSECUTE in theabove-referenced case, by placing atrue copy thereof,enclosed in a sealed
envelope, addressed and served as follows:
BY PERSONALLY DEPOSITING THE MAIL: On the date specified above, | deposited inthe mail atthe
placespecified above a copy of thedocument described above ina sealed envelope, with postage fullyprepaid
addressed tothe individualsand/or to theofficesof theaddressee(s) below.
BY BUSINESS PRACTICE TO ENTRUST DEPOSIT TO OTHERS: Iam readily familiarwith the business
practiceat my place ofbusiness for collectionand processing of correspondence for mailing with the United
States PostalService. Correspondence so collectedand processed isdeposited with theUnited StatesPostal
Service thatsame day inthe ordinary course ofbusiness. On thedate specifiedbelow, at my placeof business
at Stockton, California,a copy of the document described above was placed for deposit inthe United States
Postal Service mailbox in a sealedenvelope, with postage fully prepaid addressed tothe individuals and/or to
the officesof the addressee(s) below, and thatenvelope was placed forcollection and mailing on thatdate
following ordinary business practice.
BY EXPRESS SERVICE CARRIER: On the date specified below, | deposited in a box or other facility
regularlymaintained by Federal Express,United ParcelService or otherexpress service carrier,
or delivered to
a courier or driverauthorized by saidexpress service carrierto receive documents, a copy of the document
mentioned above, in an envelope designed by the said express service carrier,with delivery fees paid or
provided for addressed tothe individualsand/or to theofficesof theaddressee(s) below.
BY ELECTRONIC MAIL: On the datespecified below, I transmitted
a copy of thedocuments described above
tothe individualsand/or tothe officesofthe addressee(s)below viatheiremail addresses. The above-described
email was reportedas sent.
Paul A. Warner, Esq. (SBN 112168) Gurraj Singh Grewal
1624 Santa Clara Drive, Suite 220 Sonora Petroleum, Inc.
Roseville,CA 95661 Sonora Gasoline Corporation,
1556 Shaw Avenue,
Telephone: (916) 996-3100 Clovis, CA 93611
Facsimile : (916) 789-7557 and/or
863 Tennessee Avenue North,
Attorney for Plaintiff,
Voyager Restaurant Group, Inc. Parsons, TN 38363
Telephone: Unknown
Facsimile: Unknown
Email: foxoilgas‘@yahoo.com
In Pro Pen.
Icertifyand declare under penalty ofperjury under the laws $f \he
State\ofCaljforniathat
the fore ing is
trueand correct.
Executed on March 16,2020, at Stockton,California.
NANCY - AMEZSUA
L/
3
PROOF OF SERVICE
Preview
— Matthew C. Bradford, Esq. (196798) Nathan M. Robinson, Esq. (305611) HO ROBINSON BRADFORD LLP L LL r= FY 3439 Brookside Road, Suite 212 Superior Court of,California WY Stockton, CA 95219 OUDiy oF renee Telephone: (209) 954-9001 MAR 16 2020 FF Facsimile: oo) vore0?h Jake Chatters HO berate Officer & Clerk Attorneys for Defendants, : O. Lucatuorto, Deputy Dn Roseville Petroleum, Inc., Nirmal Singh ON SUPERIOR COURT OF CALIFORNIA Oo COUNTY OF PLACER - UNLIMITED CIVIL VOYAGER RESTAURANT GROUP, INC., a CASE NO. S-CV-0035599 et California corporation NOTICE OF MOTION OF me Plaintiff, DEFENDANTS ROSEVILLE me PETROLEUM, INC. AND NIRMAL vs. SINGH’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT FOR SONORA GASOLINE CORPORATION, a FAILURE TO PROSECUTE me California corporation formerly known as SONORA PETROLEUM, INC., a California Date: April 16,2020 corporation, GURRAJ SINGH GREWAL, Time: 8:30 a.m. SABAL FINANCIAL GROUP LP, a Dept.: TBD Delaware limited partnership; 2012-SIP-1 Judge: VENTURE LLC, A Delaware limited ww liability company as successor to Tennessee State Charted Bank, ROSEVILLE PETROLEUM, INC., a California corporation, NIRMAL SINGH, and DOES NO ONE through TWENTY, inclusive NO Defendants. TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY: NO NO NOTICE IS HEREBY GIVEN that on April 16, 2020, at 8:30 a.m., or as soon NO thereafter as the matter may be heard, in Department TBD of this court, located at 10820 Justice Center Drive, Roseville, California 95678, Defendants Roseville Petroleum, Inc., Nirmal Singh, will ask the Court to dismiss plaintiff's complaint for failure to prosecute. N 1 NOTICE OF DEFENDANTS ROSEVILLE PETROLEUM, INC. AND NIRMAL SINGH’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT FOR FAILURE TO PROSECUTE The motion will be based on this notice of motion, the memorandum of points and authorities served and filed herewith, declaration of Matthew C. Bradford, request for judicial notice, the papers and records on fileherein, and on such oral and documentary evidence as may be presented at the hearing of the motion. wn YOU ARE NOTIFIED that, pursuant to Local Rule 20.2.1., the Defendants have made a DD reasonable and good faith attempt to meet and confer regarding filing aDemurrer. The NN Defendants also attempted to arrange a mutually agreed upon date forthe hearing. OSH YOU ARE ALSO NOTIFIED that,pursuant to Local Rule 20.2.3, tentative rulings will Oo be issued on law and motion matters the Court day prior to the hearing date. The tentative ruling will be available after 12:00 noon as an audio recording accessible at (916) 408-6480. The tentative ruling will also be made available on the court’s website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on the matter and no hearing will be held unless oral argument istimely requested or the tentative ruling indicates otherwise. Requests for oral argument shall be made by calling (916) 408-648 Ino later than 4:00 p.m. on the court day prior to the hearing. The requesting party or attorney must leave a voice message stating the name and number of the case, the name of the party requesting oral argument, and that all other parties have been notified of the request. ROBINSON BRAIDFORD LLP DATED: March 16, 2020 dseville Petroleum, 2 NOTICE OF DEFENDANTS ROSEVILLE PETROLEUM, INC. AND NIRMAL SINGH’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT FOR FAILURE TO PROSECUTE PROOF OF SERVICE I,the undersigned, certifyand declareas follows: |am over the age ofeighteen years and not a party tothis NW action.My business address isROBINSON BRADFORD LLP, 3439 Brookside Road, Suite212, Stockton, California 95219, which islocated inSan Joaquin County where themailing and/or delivery below took place. 2 On March 16, 2020, Iserved the following document(s) NOTICE OF DEFENDANTS ROSEVILLE PETROLEUM, INC. AND NIRMAL SINGH’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT FOR FAILURE TO PROSECUTE in theabove-referenced case, by placing atrue copy thereof,enclosed in a sealed envelope, addressed and served as follows: BY PERSONALLY DEPOSITING THE MAIL: On the date specified above, | deposited inthe mail atthe placespecified above a copy of thedocument described above ina sealed envelope, with postage fullyprepaid addressed tothe individualsand/or to theofficesof theaddressee(s) below. BY BUSINESS PRACTICE TO ENTRUST DEPOSIT TO OTHERS: Iam readily familiarwith the business practiceat my place ofbusiness for collectionand processing of correspondence for mailing with the United States PostalService. Correspondence so collectedand processed isdeposited with theUnited StatesPostal Service thatsame day inthe ordinary course ofbusiness. On thedate specifiedbelow, at my placeof business at Stockton, California,a copy of the document described above was placed for deposit inthe United States Postal Service mailbox in a sealedenvelope, with postage fully prepaid addressed tothe individuals and/or to the officesof the addressee(s) below, and thatenvelope was placed forcollection and mailing on thatdate following ordinary business practice. BY EXPRESS SERVICE CARRIER: On the date specified below, | deposited in a box or other facility regularlymaintained by Federal Express,United ParcelService or otherexpress service carrier, or delivered to a courier or driverauthorized by saidexpress service carrierto receive documents, a copy of the document mentioned above, in an envelope designed by the said express service carrier,with delivery fees paid or provided for addressed tothe individualsand/or to theofficesof theaddressee(s) below. BY ELECTRONIC MAIL: On the datespecified below, I transmitted a copy of thedocuments described above tothe individualsand/or tothe officesofthe addressee(s)below viatheiremail addresses. The above-described email was reportedas sent. Paul A. Warner, Esq. (SBN 112168) Gurraj Singh Grewal 1624 Santa Clara Drive, Suite 220 Sonora Petroleum, Inc. Roseville,CA 95661 Sonora Gasoline Corporation, 1556 Shaw Avenue, Telephone: (916) 996-3100 Clovis, CA 93611 Facsimile : (916) 789-7557 and/or 863 Tennessee Avenue North, Attorney for Plaintiff, Voyager Restaurant Group, Inc. Parsons, TN 38363 Telephone: Unknown Facsimile: Unknown Email: foxoilgas‘@yahoo.com In Pro Pen. Icertifyand declare under penalty ofperjury under the laws $f \he State\ofCaljforniathat the fore ing is trueand correct. Executed on March 16,2020, at Stockton,California. NANCY - AMEZSUA L/ 3 PROOF OF SERVICE