Court Notice: Mauricio Carrillo vs. Byron McGinnis

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                                1    Richard A. Aharonian (SBN 169586)
                    CARBONE, SMITH & KOYAMA
               2    7108 North Fresno Street, Suite 320
                    Fresno, CA 93720
               3    Telephone: (559) 437-6463
                    Facsimile: (559) 431-5720
               4    Email: Richard.Aharonian@csaa.com
                    ATTORNEYS FOR DEFENDANT
               5    BYRON HARDING MCGINNIS                                 RECEIVED
               6                                                           2/10/2021 9:51 AM
                                                                           FRESNO COUNTY SUPERIOR COURT
               7                                                           By: E. Alvarado, Deputy
               8                      SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
               9                                        UNLIMITED CIVIL JURISDICTION
              10      Mauricio Carrillo,                                            Case No. 19CECG04222
              11                                 Plaintiff,                         STIPULATION TO SET ASIDE
              12                                                                    DEFAULT;          ORDER THEREON
                                                 v.
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                      Byron Harding McGinnis; Does 1 to 10,
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                      inclusive,
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                                                 Defendants.
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              18             To the court and all parties herein:

              19             Whereas Plaintiff Mauricio Carrillo filed a Complaint against Defendant Byron

              20    Harding McGinnis on November 21, 2019;

              21             Whereas said Complaint was properly served on Defendant Byron Harding

              22    McGinnis;

              23             Whereas Defendant Byron Harding McGinnis failed to file and serve an Answer to

              24    Complaint; and

              25             Whereas Plaintiff Mauricio Carrillo has obtained a default against Defendant Byron

              26    Harding McGinnis;

              27             IT IS HEREBY STIPULATED between Plaintiff Mauricio Carrillo and Defendant

              28    Byron Harding McGinnis, by and through their respective attorneys of record, that the
                     ________________________________________________________________________________

                                               STIPULATION TO SET ASIDE DEFAULT;              ORDER THEREON
               1    default obtained against Defendant Byron Harding McGinnis shall be set aside so that said
               2    Defendant may file and serve an Answer to Complaint in this matter.
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                    DATED:                     09
                                  February ____,      2021                Law Office of Kevin G. Little
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                                                                          __________________________________
               6                                                          Michelle Tostenrude, Esq.
               7                                                          Attorney for Plaintiff,
                                                                          Mauricio Carrillo
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                    DATED:        February 5, 2021                        CARBONE, SMITH & KOYAMA
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                                                                          __________________________________
              12                                                          Richard Aharonian, Esq.
              13                                                          Attorney for Defendant,
                                                                          Byron Harding McGinnis
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              15
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              17                                                           ORDER
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                             IT IS HEREBY ORDERED that the default taken against Defendant Byron Harding
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                    McGinnis shall be set aside so that said Defendant may file and serve an Answer to
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              21    Complaint.

              22    DATED:
              23                                                          ___________________________________
                                                                          Judge of the Superior Court
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                     ________________________________________________________________________________

                                               STIPULATION TO SET ASIDE DEFAULT;              ORDER THEREON
                                                                               -2-
               1                                             Carrillo v. Harding McGinnis
                                                             Fresno County Superior Court
               2                                                Case No. 19CECG04222
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                                                                  PROOF OF SERVICE
               4
               5             I, Richard Aharonian, am a citizen of the United States and employed by the office of

               6    Carbone, Smith & Koyama located at 7108 North Fresno Street, Suite 320, Fresno, CA

               7    93720.     I am over the age of 18 years and am not a party to this action.

               8             On the below date, I served the accompanying STIPULATION TO SET ASIDE

               9    DEFAULT; ORDER THEREON on the parties in said action addressed as follows:

              10    Michelle Tostenrude, Esq.
              11    Law Office of Kevin G. Little
                    1225 East Divisadero Street
              12    Fresno CA 93721
                    Email:    michelle@kevinglittle.com
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                             BY ELECTRONIC TRANSMISSION:                            Pursuant to California Code of Civil
              15              Procedure section 1010.6(e)(1), effective September 18, 2020, or an agreement of the
              16              parties to accept service by electronic transmission, I caused the document(s) to be
                              electronically sent to the persons at the email address(es) indicated on the above list.
              17              I did not receive, within a reasonable time after the transmission, any electronic
                              message or other indication that the transmission was unsuccessful.
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              19             I declare under penalty of perjury under the laws of the State of California that the

              20    foregoing is true and correct.         I declare that I am employed in the offices of a member of the

              21    bar of this court at whose direction the service was made.

              22             Dated:    February ____, 2021

              23                                                            __________________________________

              24                                                                           Richard Aharonian

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                                               STIPULATION TO SET ASIDE DEFAULT;              ORDER THEREON
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