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1 DOUGLAS T. SLOAN, City Attorney
CITY OF FRESNO
2 By: Tina R. Griffin, Chief Assistant City Attorney (SBN 210328)
2600 Fresno Street
3 Fresno, CA 93721-3602
Telephone: (559) 621-7500
4 Facsimile: (559) 488-1084
5 Jeffery L. Caufield, Esq. (SBN 166524)
jeff@caufieldjames.com
6 Matthew D. McMillan, Esq. (SBN 262394)
mattm@caufieldjames.com
7 CAUFIELD & JAMES, LLP
2851 Camino Del Rio South, Suite 410 RECEIVED
8 San Diego, CA 92108-3843
Telephone: (619) 325-0441 4/8/2021 3:23 PM
9 Facsimile: (619) 325-0231 FRESNO COUNTY SUPERIOR COURT
By: C. York, Deputy Exempt from filing
10 Attorneys for Defendant fee pursuant to
THE CITY OF FRESNO Gov’t Code § 6103
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF FRESNO
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14 ) Lead Case No.: 16CECG02937
KAREN MICHELI, et al., ) Consolidated Case No.: 17CECG01724
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Plaintiffs, ) Assigned for All Purposes to:
16 ) Hon. Judge Rosemary McGuire, Dept. 502
v. )
17 ) STIPULATION FOR ORDER EXTENDING
THE CITY OF FRESNO, et al. ) TIME FOR DEFENDANT CITY OF FRESNO
18 ) TO FILE RESPONSIVE PLEADING TO
Defendant. ) PLAINTIFFS’ CONSOLIDATED FIFTH
19 ) AMENDED CLASS ACTION COMPLAINT;
JACKIE FLANNERY, et al., ) [PROPOSED] ORDER
20 )
Plaintiffs, ) Lead Action Filed: September 9, 2016
21 ) Consolidated Action Filed: May 17, 2017
v. )
22 ) Trial Date: Not Set
THE CITY OF FRESNO, et al. )
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Defendant. )
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STIPULATION FOR ORDER EXTENDING TIME TO FILE RESPONSIVE PLEADING
TO FIFTH AMENDED COMPLAINT; [PROPOSED] ORDER
1 TO THE COURT, ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
2 Plaintiffs and Defendant City of Fresno (“Defendant”) in the above-captioned, consolidated
3 actions, by and through their respective counsel of record, hereby respectfully stipulate to the Court’s
4 entry of an order extending the time for Defendant to file a responsive pleading to Plaintiffs’
5 Consolidated Fifth Amended Class Action Complaint:
6 STIPULATION
7 1. WHEREAS, on February 26, 2021, the Court issued an order sustaining Defendant’s
8 demurrer to Plaintiffs’ cause of action for Unjust Enrichment in the Consolidated Fourth Amended
9 Complaint, with leave to amend, for failure to state facts sufficient to constitute a cause of action;
10 2. WHEREAS, on March 8, 2021, Plaintiffs filed their Consolidated Fifth Amended Class
11 Action Complaint (“5AC”), which asserted an amended cause of action for Unjust Enrichment plead in
12 the alternative to Plaintiffs’ Breach of Contract cause of action;
13 3. WHEREAS, between approximately March 26, 2021 and April 6, 2021, counsel for all
14 parties met and conferred on Defendant’s proposed demurrer to Plaintiffs’ Unjust Enrichment cause of
15 action in the 5AC;
16 4. WHEREAS, on April 6, 2021, Plaintiffs filed a Request for Dismissal seeking court
17 approval of Plaintiffs' voluntary dismissal of the Unjust Enrichment cause of action in the 5AC, without
18 prejudice;
19 5. WHEREAS, as of the date of this filing the Court has not issued a ruling on Plaintiffs’
20 Request for Dismissal of the Unjust Enrichment cause of action without prejudice;
21 6. WHEREAS, the current deadline for Defendant to file its responsive pleading to the 5AC
22 is April 9, 2021;
23 7. WHEREAS, pursuant to Code of Civil Procedure section 1054(a), an extension of time to
24 file a responsive pleading shall be granted when all attorneys of record of parties who have appeared in
25 the action agree in writing to the extension of time;
26 8. WHEREAS, Defendant and Plaintiffs agree that good cause exists to extend the time for
27 Defendant to file its responsive pleading to the 5AC to provide the Court with additional time to
28 consider and rule on Plaintiffs’ Request for Dismissal, to ensure an order dismissing Plaintiffs’ Unjust
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STIPULATION FOR ORDER EXTENDING TIME TO FILE RESPONSIVE PLEADING
TO FIFTH AMENDED COMPLAINT; [PROPOSED] ORDER
1 Enrichment cause of action without prejudice has been entered prior to the time Defendant files its
2 responsive pleading, and to provide Defendant with adequate time to file its responsive pleading once
3 the Court issues an order;
4 NOW, THEREFORE, THE PARTIES STIPULATE TO THE FOLLOWING:
5 1. The Court should enter an order extending the time for Defendant to file Defendant’s
6 Answer to the 5AC until three (3) days after such time as the Court enters an order dismissing Plaintiffs’
7 Unjust Enrichment cause of action, without prejudice.
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IT IS SO STIPULATED.
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11 DATED: April 8, 2021 CAUFIELD & JAMES, LLP
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Matthew D. McMillan, Esq.
13 Attorneys for Defendant City of Fresno
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DATED: April 8, 2021 BOUCHER LLP
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Shehnaz M. Bhujwala, Esq.
17 Attorneys for the Micheli Case Plaintiffs
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DATED: April 8, 2021 COTCHETT, PITRE & MCCARTHY LLP
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20 Julie Fieber, Esq.
Attorneys for the Flannery Plaintiffs
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STIPULATION FOR ORDER EXTENDING TIME TO FILE RESPONSIVE PLEADING
TO FIFTH AMENDED COMPLAINT; [PROPOSED] ORDER
1 [PROPOSED] ORDER
2 The Court, having considered the stipulated request by Plaintiffs and Defendant City of Fresno in
3 the consolidated cases entitled Micheli, et al. v. City of Fresno, et al., Lead Case No. 16CECG02937,
4 and Flannery, et al. v. City of Fresno, et al., Case No. 17CECG01724 (“Consolidated Cases”), and
5 based upon a showing of good cause, hereby enters the following order:
6 1. The parties’ stipulated request is GRANTED;
7 2. The time for Defendant City of Fresno to file an Answer to Plaintiffs’ Consolidated Fifth
8 Amended Class Action Complaint is hereby extended until three (3) days after such time as the Court
9 enters an order dismissing Plaintiffs’ Unjust Enrichment cause of action, without prejudice.
10 IT IS SO ORDERED.
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12 DATED: April ___, 2021
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15 HONORABLE ROSEMARY MCGUIRE
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STIPULATION FOR ORDER EXTENDING TIME TO FILE RESPONSIVE PLEADING
TO FIFTH AMENDED COMPLAINT; [PROPOSED] ORDER
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR COURT USE ONLY
COUNTY OF FRESNO
Karen Micheli, et al. v. The City of Fresno, et al. (Lead Case)
Jackie Flannery, et al. v. The City of Fresno, et al. (Consolidated Case)
Jeffery L. Caufield (SBN 166524) Tel: (619) 325-0441
Matthew D. McMillan (SBN 262394) Fax: (619) 325-0231
CAUFIELD & JAMES, LLP
2851 Camino Del Rio South, Suite 410
San Diego, CA 92108
Attorneys for: Defendant The City of Fresno Date: Case Number:
Time: 16CECG02937 (Lead Case)
Courtroom: 502 17CECG01724 (Consolidated
Case)
CERTIFICATE OF SERVICE
I, the undersigned, declare: I am employed in the County of San Diego, State of California. I am over the
age of 18 years and not a party to this action. My business address is 2851 Camino Del Rio South, Suite
410, San Diego, California 92108. I served a copy of the following document(s):
STIPULATION FOR ORDER EXTENDING TIME FOR DEFENDANT CITY OF FRESNO
TO FILE RESPONSIVE PLEADING TO PLAINTIFFS’ CONSOLIDATED FIFTH
AMENDED CLASS ACTION COMPLAINT; [PROPOSED] ORDER
(BY MAIL) I caused each such envelope to be sealed and placed for collection and mailing from my
business address. I am readily familiar with Caufield & James’ practice for collection and processing of
correspondence for mailing, said practice being that in the ordinary course of business mail is deposited with
the postage thereon fully prepaid in the United States Postal Service the same day as itis placed for
collection. I am aware that upon motion of the party served, service is presumed invalid if the postal
cancellation date or postage meter date on the envelope is more than one day after the date of deposit for
mailing contained in this affidavit. Service by this method was sent to:
(BY OVERNIGHT MAIL) I am readily familiar with the practice of Caufield & James for the
collection and processing of correspondence for overnight delivery and know that the document(s)
described herein will be deposited in a box or other facility regularly maintained for overnight delivery.
Service by this method was sent to:
(BY FACSIMILE) This document was transmitted by facsimile transmission from (619) 325-0231 and
the transmission was reported as complete and without error. I then caused the transmitting facsimile
machine to properly issue a transmission report confirming the transmission.
(BY PERSONAL SERVICE) I caused each such envelope to be sealed and given to a courier for
delivery on the same date. A proof of service signed by the authorized courier will be filed forthwith.
_____________________________________________________________________________________________________________________________
CERTIFICATE OF SERVICE
(BY ELECTRONIC TRANSMISSION) This document was transmitted by electronic transmission from
rebecca@caufieldjames.com and the transmission was reported as complete and without error. I then caused
the transmitting e-mail account to properly issue a report confirming the electronic transmission.
SEE SERVICE LIST
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct. Executed on April 8, 2021, at San Diego, California.
Rebecca Vargas
____________________________
Rebecca Vargas
_____________________________________________________________________________________________________________________________
CERTIFICATE OF SERVICE
SERVICE LIST
Raymond P. Boucher, Esq.
Shehnaz M. Bhujwala, Esq. Frank M. Pitre, Esq.
BOUCHER LLP Julie L. Fieber, Esq.
21600 Oxnard St., Suite 600 Donald J. Magilligan, Esq.
Woodland Hills, CA 91367 COTCHETT, PITRE & McCARTHY LLP
Tel: (818) 340-5400 840 Malcolm Road, Suite 200
Fax: (818) 340-5401 Burlingame, CA 94010
ray@boucher.la fpitre@cpmlegal.com
bhujwala@boucher.la jfieber@cpmlegal.com
Attorneys for Plaintiffs, Karen Micheli, et al. dmagilligan@cpmlegal.com
Telephone: (650) 697-6000
Stuart R. Chandler, Esq. Facsimile: (650) 697-0577
STUART R. CHANDLER, APC Attorneys for Plaintiffs, Jackie Flannery, et al.
761 E. Locust Ave., Suite 101
Fresno, CA 93720 Michael E. Gatto, Esq.
Tel: (559) 431-7770 LAW OFFICE OF MICHAEL E. GATTO
Fax: (559) 431-7778 PC
stuart@chandlerlaw.com 2540 Camino Diablo, Suite 200
Attorneys for Plaintiffs, Karen Micheli, et al. Walnut Creek, CA 94597-3944
mgatto@gattopc.com
Gregory Owen, Esq. Telephone: (925) 2781705
OWEN, PATTERSON & OWEN, LLP Facsimile: (925) 932-1961
23822 W. Valencia Blvd., Suite 303 Attorneys for Plaintiffs, Jackie Flannery, et al.
Valencia, CA 91355
Tel: (661) 799-3899 VIA EMAIL ONLY
Fax: (661) 799-2774
greg@owenpatterson.com Tina R. Griffin
Attorneys for Plaintiffs, Karen Micheli, et al. City of Fresno
2600 Fresno Street
Brian S. Kabateck, Esq. Fresno, CA 93721-3602
Christopher B. Noyes, Esq. Attorneys for Defendant, City of Fresno
KABATECK BROWN KELLNER LLP Tina.Griffin@fresno.gov
633 W. Fifth Street.,
Suite 3200
Los Angeles, CA 90071
bsk@kbklawyers.com
cn@kbklawyers.com
Telephone: (213) 217-5000
Facsimile: (213) 217-5010
Attorneys for Plaintiffs, Jackie Flannery, et al.
_____________________________________________________________________________________________________________________________
CERTIFICATE OF SERVICE