Preview
1 SHELLEY G. BRYANT - #222925 E-FILED
BRYANT WHITTEN, LLP 2/26/2021 10:11 AM
2 8050 North Palm Avenue, Suite 210 Superior Court of California
Fresno, California 93711 County of Fresno
3 (559) 494-4910 Telephone
(559) 421-0369 Facsimile By: E Alvarado, Deputy
4
5
6 Attorneys for Plaintiff, ALEJANDRA BLANCO
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
9
10 ALEJANDRA BLANCO, ) Case No. 17CECG04095
)
11 Plaintiff, ) NOTICE OF MOTION TO VACATE
) ORDER AND RENEW PLAINTIFF’S
12 vs. ) MOTION TO STRIKE ANSWER AND
) CROSS-COMPLAINT AND ENTER
13 DAVID J. WRIGHT, D.D.S., INC., a California ) DEFAULT
corporation, and Does 1 through 20, inclusive, )
14 ) Date : March 17, 2021
Defendants. ) Time : 3:30 p.m.
15 ) Dept : 403
) Judge : Hon. Kristi Culver
16 DAVID J. WRIGHT, D.D.S., INC., a California ) Kapetan
Corporation, )
17 ) Complaint Filed: November 17, 2017
Cross-Complainant, ) Trial Date: None Set
18 )
vs. )
19 )
ALEJANDRA BLANCO, and Does 1 through )
20 10, inclusive, )
)
21 Cross-Defendants. )
)
22 )
23 PLEASE TAKE NOTICE that on March 17, 2021, at 3:30 p.m., or as soon thereafter as this
24 matter may be heard, in Department 403 of the above-captioned court, Plaintiff, ALEJANDRA
25 BLANCO, will and hereby does, move this Court, to; (1) vacate it’s previous Order dated November
26 17, 2020, granting Plaintiff’s Motion to Strike the Answer and Cross-Complaint of Defendant,
27 David J. Wright, D.D.S., Inc.; (2) find that Defendant, David J. Wright, D.D.S., Inc., as a
28 corporation, cannot represent itself in this matter; (3) that Defendant, David J. Wright, D.D.S., Inc.,
NOTICE OF MOTION TO VACATE ORDER AND RENEW PLAINTIFF’S MOTION TO STRIKE ANSWER AND
CROSS-COMPLAINT AND ENTER DEFAULT - Case No. 17CECG04095 Page 1
1 is not represented by an attorney in this matter; (4) strike the Answer filed by Defendant, David J.
2 Wright, D.D.S., Inc.; (4) strike the Cross-Complaint filed by Defendant, David J. Wright, D.D.S.,
3 Inc.; and (5) enter Default Judgment against Defendant, David J. Wright, D.D.S., Inc., and in favor
4 of Plaintiff, Alejandra Blanco, for failure to timely Answer the Complaint after being properly
5 served in this matter.
6 The motion is made upon the grounds that a corporation cannot represent itself in court,
7 Defendant is not represented by an attorney, and the proper procedure in such a case is to strike the
8 Answer and Complaint of the corporation. Defendant has attempted to avoid an adverse ruling by
9 hiring multiple attorneys, all of whom eventually withdrew. Most recently, Defendant filed for
10 bankruptcy to avoid an adverse ruling. However, Defendant failed to comply with bankruptcy court
11 procedures and the case was dismissed. Months have passed and Defendant still has not obtained
12 an attorney for this matter. The Court should not allow Defendant to continue with these
13 shenanigans.
14 The Court granted and earlier motion based on the same grounds, but that Order should be
15 set aside because Plaintiff did not serve Defendant, David J. Wright, D.D.S., Inc., with a statement
16 of damages prior to the entry of default. Defendant, David J. Wright, D.D.S., Inc., has been served
17 with statement now so the Court should grant the motion to strike for the same reasons as before.
18 This motion is based on the attached Memorandum of Points and Authorities, all of the
19 pleadings, files, and records in this proceeding, all other matters of which the Court may take
20 judicial notice, and any argument or evidence that may be presented to or considered by the Court
21 prior to its ruling.
22 Dated: February 26, 2021 BRYANT WHITTEN, LLP
23
24
SHELLEY G. BRYANT, Attorneys for Plaintiff,
25 ALEJANDRA BLANCO
26
27
28
NOTICE OF MOTION TO VACATE ORDER AND RENEW PLAINTIFF’S MOTION TO STRIKE ANSWER AND
CROSS-COMPLAINT AND ENTER DEFAULT - Case No. 17CECG04095 Page 2
1 RE: ALEJANDRA BLANCO v. DAVID J. WRIGHT, D.D.S., INC.
STATE OF CALIFORNIA, COUNTY OF FRESNO
2
3 I am employed in the City of Fresno, County of Fresno, State of California. I am over the
age of 18 years and not a party to the within action. My business address is 8050 North Palm
4 Avenue, Suite 210, Fresno, California, 93711. On February 26, 2021, I served NOTICE OF
MOTION TO VACATE ORDER AND RENEW PLAINTIFF’S MOTION TO STRIKE
5 ANSWER AND CROSS-COMPLAINT AND ENTER DEFAULT on the parties in this action
as follows:
6
7 David J. Wright, DDS
DAVID J. WRIGHT DDS, INC.
8 5151 North Palm Avenue, Suite 320
Fresno, California 93704
9
10 [] (BY MAIL) I caused each such envelope, with postage thereon fully prepaid, to be placed
in the United States mail at Fresno, California. I am readily familiar with the practice of
11 Bryant Whitten, LLP for collection and processing of correspondence for mailing, said
practice being that in the ordinary course of business, mail is deposited in the United States
12 Postal Service the same day as it is placed for collection.
13 [] (BY PERSONAL SERVICE) By enclosing a true copy thereof in a sealed envelope
addressed as shown above, I caused a courier from First Legal to personally deliver to such
14 person said document(s) at the address indicated.
15 [X] (BY UPS) I am readily familiar with the practice of Bryant Whitten, LLP for collection and
processing of correspondence for overnight delivery and know that the document(s)
16 described herein will be deposited in a box or other facility regularly maintained by UPS for
overnight delivery.
17
[] (BY EMAIL) I caused to be transmitted the document(s) described herein via the email
18 addresses listed above.
19 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
20
[] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court,
21 at whose direction this service was made.
22 Executed on February 26, 2021, at Fresno, California.
23
24
25
qCnfu
_________________________________
CARRIE J. COTA
26
27
28
NOTICE OF MOTION TO VACATE ORDER AND RENEW PLAINTIFF’S MOTION TO STRIKE ANSWER AND
CROSS-COMPLAINT AND ENTER DEFAULT - Case No. 17CECG04095 Page 3
Preview
1 SHELLEY G. BRYANT - #222925 E-FILED BRYANT WHITTEN, LLP 2/26/2021 10:11 AM 2 8050 North Palm Avenue, Suite 210 Superior Court of California Fresno, California 93711 County of Fresno 3 (559) 494-4910 Telephone (559) 421-0369 Facsimile By: E Alvarado, Deputy 4 5 6 Attorneys for Plaintiff, ALEJANDRA BLANCO 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO 9 10 ALEJANDRA BLANCO, ) Case No. 17CECG04095 ) 11 Plaintiff, ) NOTICE OF MOTION TO VACATE ) ORDER AND RENEW PLAINTIFF’S 12 vs. ) MOTION TO STRIKE ANSWER AND ) CROSS-COMPLAINT AND ENTER 13 DAVID J. WRIGHT, D.D.S., INC., a California ) DEFAULT corporation, and Does 1 through 20, inclusive, ) 14 ) Date : March 17, 2021 Defendants. ) Time : 3:30 p.m. 15 ) Dept : 403 ) Judge : Hon. Kristi Culver 16 DAVID J. WRIGHT, D.D.S., INC., a California ) Kapetan Corporation, ) 17 ) Complaint Filed: November 17, 2017 Cross-Complainant, ) Trial Date: None Set 18 ) vs. ) 19 ) ALEJANDRA BLANCO, and Does 1 through ) 20 10, inclusive, ) ) 21 Cross-Defendants. ) ) 22 ) 23 PLEASE TAKE NOTICE that on March 17, 2021, at 3:30 p.m., or as soon thereafter as this 24 matter may be heard, in Department 403 of the above-captioned court, Plaintiff, ALEJANDRA 25 BLANCO, will and hereby does, move this Court, to; (1) vacate it’s previous Order dated November 26 17, 2020, granting Plaintiff’s Motion to Strike the Answer and Cross-Complaint of Defendant, 27 David J. Wright, D.D.S., Inc.; (2) find that Defendant, David J. Wright, D.D.S., Inc., as a 28 corporation, cannot represent itself in this matter; (3) that Defendant, David J. Wright, D.D.S., Inc., NOTICE OF MOTION TO VACATE ORDER AND RENEW PLAINTIFF’S MOTION TO STRIKE ANSWER AND CROSS-COMPLAINT AND ENTER DEFAULT - Case No. 17CECG04095 Page 1 1 is not represented by an attorney in this matter; (4) strike the Answer filed by Defendant, David J. 2 Wright, D.D.S., Inc.; (4) strike the Cross-Complaint filed by Defendant, David J. Wright, D.D.S., 3 Inc.; and (5) enter Default Judgment against Defendant, David J. Wright, D.D.S., Inc., and in favor 4 of Plaintiff, Alejandra Blanco, for failure to timely Answer the Complaint after being properly 5 served in this matter. 6 The motion is made upon the grounds that a corporation cannot represent itself in court, 7 Defendant is not represented by an attorney, and the proper procedure in such a case is to strike the 8 Answer and Complaint of the corporation. Defendant has attempted to avoid an adverse ruling by 9 hiring multiple attorneys, all of whom eventually withdrew. Most recently, Defendant filed for 10 bankruptcy to avoid an adverse ruling. However, Defendant failed to comply with bankruptcy court 11 procedures and the case was dismissed. Months have passed and Defendant still has not obtained 12 an attorney for this matter. The Court should not allow Defendant to continue with these 13 shenanigans. 14 The Court granted and earlier motion based on the same grounds, but that Order should be 15 set aside because Plaintiff did not serve Defendant, David J. Wright, D.D.S., Inc., with a statement 16 of damages prior to the entry of default. Defendant, David J. Wright, D.D.S., Inc., has been served 17 with statement now so the Court should grant the motion to strike for the same reasons as before. 18 This motion is based on the attached Memorandum of Points and Authorities, all of the 19 pleadings, files, and records in this proceeding, all other matters of which the Court may take 20 judicial notice, and any argument or evidence that may be presented to or considered by the Court 21 prior to its ruling. 22 Dated: February 26, 2021 BRYANT WHITTEN, LLP 23 24 SHELLEY G. BRYANT, Attorneys for Plaintiff, 25 ALEJANDRA BLANCO 26 27 28 NOTICE OF MOTION TO VACATE ORDER AND RENEW PLAINTIFF’S MOTION TO STRIKE ANSWER AND CROSS-COMPLAINT AND ENTER DEFAULT - Case No. 17CECG04095 Page 2 1 RE: ALEJANDRA BLANCO v. DAVID J. WRIGHT, D.D.S., INC. STATE OF CALIFORNIA, COUNTY OF FRESNO 2 3 I am employed in the City of Fresno, County of Fresno, State of California. I am over the age of 18 years and not a party to the within action. My business address is 8050 North Palm 4 Avenue, Suite 210, Fresno, California, 93711. On February 26, 2021, I served NOTICE OF MOTION TO VACATE ORDER AND RENEW PLAINTIFF’S MOTION TO STRIKE 5 ANSWER AND CROSS-COMPLAINT AND ENTER DEFAULT on the parties in this action as follows: 6 7 David J. Wright, DDS DAVID J. WRIGHT DDS, INC. 8 5151 North Palm Avenue, Suite 320 Fresno, California 93704 9 10 [] (BY MAIL) I caused each such envelope, with postage thereon fully prepaid, to be placed in the United States mail at Fresno, California. I am readily familiar with the practice of 11 Bryant Whitten, LLP for collection and processing of correspondence for mailing, said practice being that in the ordinary course of business, mail is deposited in the United States 12 Postal Service the same day as it is placed for collection. 13 [] (BY PERSONAL SERVICE) By enclosing a true copy thereof in a sealed envelope addressed as shown above, I caused a courier from First Legal to personally deliver to such 14 person said document(s) at the address indicated. 15 [X] (BY UPS) I am readily familiar with the practice of Bryant Whitten, LLP for collection and processing of correspondence for overnight delivery and know that the document(s) 16 described herein will be deposited in a box or other facility regularly maintained by UPS for overnight delivery. 17 [] (BY EMAIL) I caused to be transmitted the document(s) described herein via the email 18 addresses listed above. 19 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 20 [] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court, 21 at whose direction this service was made. 22 Executed on February 26, 2021, at Fresno, California. 23 24 25 qCnfu _________________________________ CARRIE J. COTA 26 27 28 NOTICE OF MOTION TO VACATE ORDER AND RENEW PLAINTIFF’S MOTION TO STRIKE ANSWER AND CROSS-COMPLAINT AND ENTER DEFAULT - Case No. 17CECG04095 Page 3