On February 14, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Kc Funding, Llc,
and
Does 1-5,
Imani, Bita,
for (06) Limited Breach of Contract/Warranty
in the District Court of San Mateo County.
Preview
1 JOHN W. HOWARD (SBN 80200)
MICHELLE D. VOLK (SBN 217151)
2 JW Howard/Attorneys, Ltd.
701 B. Street, Ste. 1725
3 San Diego, California 92101
Tel: (619) 234-2842 Fax: (619) 234-1716
4 Email: johnh@jwhowardattorneys.com
michelle@jwhowardattorneys.com 10/29/2020
5
Attorneys for Plaintiff, KC Funding, LLC
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN MATEO
10
11 KC FUNDING, LLC, dba Case No. 17-CLJ-00637
KIDS CONNECTION
12 PLAINTIFF'S NOTICE OF MOTION AND
Plaintiffs, MOTION TO AMEND JUDGMENT
13
2021
v. Date: January 6, 2020
14 Time: 1:30 p.m.
BITA IMANI, et al. Dept: LM
15
Defendants.
16 Complaint Filed: Feb. 14,2017
17
18
2021
19 PLEASE TAKE NOTICE that on January 6, 2020 at 1:30 p.m. or as soon thereafter as the
20 matter may be heard, Plaintiff's Motion to Amend Judgment will be heard in the law and motion
21 department of the above-entitled Court located at 400 County Center, Redwood City, California
22
94063.
23
This motion is brought pursuant to California Code ofCivil Procedure Section 187 and is
24
made on the ground that Defendant Bita Imani and Bita Safari are the same person. Amending
25
the Judgment to include Bita Safari is needed to include this alias. Enforcing the Judgment will
26
27 be frustrated if Defendant's assets are in the name Bita Safari and not Bita Imani. Because these
28 persons are one in the same, the Judgment should be amended to reflect both names.
1 This motion is based upon this Notice of Motion and Motion, the Memorandum of Points
2 and Authorities filed concurrently herewith, as well as the Declaration of Michelle D. Yolk. In
3
addition, this motion will be based on any other documents or evidence on file with the Court in
4
this matter, or may be provided at the time of hearing, including oral argument.
5
TENTATIVE RULINGS
6
7 PLEASE TAKE FURTHER NOTICE that this Court issues tentative rulings. You may
8 obtain the tentative ruling by visiting the Court's website at: https:/I www. sanrnateocourt.org/
9 online_services/ law_and_motion _tentative _rulings /main.php. Tentative rulings are displayed
10
by the day of the week of the scheduled hearing.
11
As stated in California Rule of Court No. 3.1308 and Local Rule of Court 3.10, parties
12
satisfied with the tentative ruling need not appear at the scheduled hearing. Parties intending to
13
appear and contest the tentative ruling must notify both the court and opposing counsel of
14
15 such intent by 4:00 p.m. on the first court date preceding the hearing. To state to the court
16 your intent to appear on the matter, call the phone number for the department listed on the
17 tentative ruling notice.
18
Unless the court and opposing counsel have been notified of such intent, the tentative
19
ruling shall become the ruling of the Court without oral argument. You must appear at the hearing
20
if you are so directed by the court in the tentative ruling and be prepared to address those issues
21
22 set forth by the court in that ruling.
23 JW Howard/Attorneys, Ltd.
24
25
Date: Oct. 29, 2020
!l[v- ·~.
Michele D. Yolk
26 Attorney for Plaintiff
27
28
-2-
PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER AMENDING JUDGMENT
I PROOF OF SERVICE
2 I, the undersigned, do declare that I am employed in the county aforesaid, that I am over
3 the age of [18] years and not a party to the within entitled action; and that I am executing this
proof at the direction of the member of the bar of the above entitled Court. The business address
4 is:
5 JW Howard Attorneys LTD
70 I B Street, Suite 1725
6 San Diego, California 92101
7
• MAIL. I am readily familiar with the business' practice for collection and
8 processing of correspondence for mailing via the United States Postal Service and that the
correspondence would be deposited with the United States Postal Service for collections that
9 same day.
10 0 OVERNIGHT. I am readily familiar with the business' practice for collection and
processing of correspondence for overnight delivery/receipt next day via a major carrier such as
II UPS, FedEx, DHL or similar carrier, and same were deposited that same day.
12 0 PERSONAL. The below described documents were personally served that day.
0 ELECTRONIC. I am readily familiar with the business' practice for collection and
13 processing of documents via electronic system and said documents were successfully transmitted via email
that same day via One Legal.
14
15 On the date indicated below, I served the within:
16 PLAINTIFF'S NOTICE OF MOTION AND MOTION TO AMEND
JUDGMENT;
17
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
18 MOTION TO AMEND JUDGMENT; and
19 DECLARATION OF MICHELLE D. VOLK IN SUPPORT OF PLAINTIFF'S
MOTION TO AMEND JUDGMENT
20
in said action by placing a true copy thereof closed in a sealed envelope, addressed as follows and
21 placing same in the U.S. mail, postage prepaid to:
22
Michael E. Adams
23 Law Offices of Michael E. Adams
702 Marshall Street, Suite 300
24 Redwood City, CA 94063
25 I declare under penalty of perjury, under the laws of the State of California, that the
foregoing is true and correct and was EXECUTED on October 29, 2020, at San Diego, CA.
26
27
28
PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER AMENDING JUDGMENT
Document Filed Date
October 29, 2020
Case Filing Date
February 14, 2017
Category
(06) Limited Breach of Contract/Warranty
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Preview
1 JOHN W. HOWARD (SBN 80200) MICHELLE D. VOLK (SBN 217151) 2 JW Howard/Attorneys, Ltd. 701 B. Street, Ste. 1725 3 San Diego, California 92101 Tel: (619) 234-2842 Fax: (619) 234-1716 4 Email: johnh@jwhowardattorneys.com michelle@jwhowardattorneys.com 10/29/2020 5 Attorneys for Plaintiff, KC Funding, LLC 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN MATEO 10 11 KC FUNDING, LLC, dba Case No. 17-CLJ-00637 KIDS CONNECTION 12 PLAINTIFF'S NOTICE OF MOTION AND Plaintiffs, MOTION TO AMEND JUDGMENT 13 2021 v. Date: January 6, 2020 14 Time: 1:30 p.m. BITA IMANI, et al. Dept: LM 15 Defendants. 16 Complaint Filed: Feb. 14,2017 17 18 2021 19 PLEASE TAKE NOTICE that on January 6, 2020 at 1:30 p.m. or as soon thereafter as the 20 matter may be heard, Plaintiff's Motion to Amend Judgment will be heard in the law and motion 21 department of the above-entitled Court located at 400 County Center, Redwood City, California 22 94063. 23 This motion is brought pursuant to California Code ofCivil Procedure Section 187 and is 24 made on the ground that Defendant Bita Imani and Bita Safari are the same person. Amending 25 the Judgment to include Bita Safari is needed to include this alias. Enforcing the Judgment will 26 27 be frustrated if Defendant's assets are in the name Bita Safari and not Bita Imani. Because these 28 persons are one in the same, the Judgment should be amended to reflect both names. 1 This motion is based upon this Notice of Motion and Motion, the Memorandum of Points 2 and Authorities filed concurrently herewith, as well as the Declaration of Michelle D. Yolk. In 3 addition, this motion will be based on any other documents or evidence on file with the Court in 4 this matter, or may be provided at the time of hearing, including oral argument. 5 TENTATIVE RULINGS 6 7 PLEASE TAKE FURTHER NOTICE that this Court issues tentative rulings. You may 8 obtain the tentative ruling by visiting the Court's website at: https:/I www. sanrnateocourt.org/ 9 online_services/ law_and_motion _tentative _rulings /main.php. Tentative rulings are displayed 10 by the day of the week of the scheduled hearing. 11 As stated in California Rule of Court No. 3.1308 and Local Rule of Court 3.10, parties 12 satisfied with the tentative ruling need not appear at the scheduled hearing. Parties intending to 13 appear and contest the tentative ruling must notify both the court and opposing counsel of 14 15 such intent by 4:00 p.m. on the first court date preceding the hearing. To state to the court 16 your intent to appear on the matter, call the phone number for the department listed on the 17 tentative ruling notice. 18 Unless the court and opposing counsel have been notified of such intent, the tentative 19 ruling shall become the ruling of the Court without oral argument. You must appear at the hearing 20 if you are so directed by the court in the tentative ruling and be prepared to address those issues 21 22 set forth by the court in that ruling. 23 JW Howard/Attorneys, Ltd. 24 25 Date: Oct. 29, 2020 !l[v- ·~. Michele D. Yolk 26 Attorney for Plaintiff 27 28 -2- PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER AMENDING JUDGMENT I PROOF OF SERVICE 2 I, the undersigned, do declare that I am employed in the county aforesaid, that I am over 3 the age of [18] years and not a party to the within entitled action; and that I am executing this proof at the direction of the member of the bar of the above entitled Court. The business address 4 is: 5 JW Howard Attorneys LTD 70 I B Street, Suite 1725 6 San Diego, California 92101 7 • MAIL. I am readily familiar with the business' practice for collection and 8 processing of correspondence for mailing via the United States Postal Service and that the correspondence would be deposited with the United States Postal Service for collections that 9 same day. 10 0 OVERNIGHT. I am readily familiar with the business' practice for collection and processing of correspondence for overnight delivery/receipt next day via a major carrier such as II UPS, FedEx, DHL or similar carrier, and same were deposited that same day. 12 0 PERSONAL. The below described documents were personally served that day. 0 ELECTRONIC. I am readily familiar with the business' practice for collection and 13 processing of documents via electronic system and said documents were successfully transmitted via email that same day via One Legal. 14 15 On the date indicated below, I served the within: 16 PLAINTIFF'S NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT; 17 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF 18 MOTION TO AMEND JUDGMENT; and 19 DECLARATION OF MICHELLE D. VOLK IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND JUDGMENT 20 in said action by placing a true copy thereof closed in a sealed envelope, addressed as follows and 21 placing same in the U.S. mail, postage prepaid to: 22 Michael E. Adams 23 Law Offices of Michael E. Adams 702 Marshall Street, Suite 300 24 Redwood City, CA 94063 25 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct and was EXECUTED on October 29, 2020, at San Diego, CA. 26 27 28 PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER AMENDING JUDGMENT