Motion,Ex Parte: MONTGOMERY SANSOME ET AL VS ARCH CONSTR. ET AL

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                                FILED
                                                                                                 SAN MATEO COUNTY
                 Tracy   N.  Tumlin, (State     Bar  No.38877)
                 331  Arguello    Blvd
                 San  Francisco,     CA  94118                                                            EP   1'7   POQ
                 808-345-7192
                                            Attorney
                                     — '- =-=           for   PlaintiÃ'
                 LBONARD NORDEMIN       4 NONTGI4SRI     SANSQMS
                                                                                                          ORPLPY CLSlK


                                            SUPERIOR       COURT OF        CALIFORNIA
                                   IN AND FOR THE COUNTY OF                  SAN MATEO

                                                                          )  Case     No.:     CIV    508839
            7    LEONARD       A.    NORDEMAN;MONTGOMERY                  )

                                                                          )  NOTICE       OF   MOTION       FOR    LR'AVE     TO
            8    SANSOME        LP,                                       )  FILE     AMENDED        COMPLOT
            9                       Plaintiffs,                           )
                                                                          )  Date:
                                                                             Time:
                                                                                          Sept~~r,
                                                                                          9:00     am
                                                                                                                   2012
                                                                          )
           10             vs.                                             )  Dept:        Law    &  MoticLn
                                                                          )
           11    ARCH     CONSTRUCTION,SAYL                               )
                                                                          )
           12    MAHALLATI, NASSER               MAHALLATI and            )
                                                                          )
                 Does     1-100,                                          )
                                                                          )
           14                       Defendants                            )

                                                                          )
           15                                                             )


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                          TO   ALL    PARTIES        AND    THEIR     ATTORNEYS          OF   RECORD:
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                          PLEASE      TAKE     NOTICE       that     on   September              ,  2012     at    9:00    am    or
                 as   soon      thereafter         as   the     matter      can     be   heard,       in   the    law    and
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                 motion       department         of    this     Court,       located       at   400    County       Center,
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                 Redwood        City,     CA    94063,      Plaintiffs          LEONARD       A.    NORDEMAN        and
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                 MONTGOMERY          SANSOME       LP    (Plaintiffs)           will move         this     Court      for    an
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                 Order      for    leave      to   file     an    amended       complaints            Plaintiffs
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                 request       that     the    Court      grant      leave      to    amend     in   order      for    them     to
                 allege       new    negligent         and    intentional           infliction         of    emotional
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                 distress        against        defendants.
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                          This     motion       will be       based      on   this     notice,       the     memorandcum
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                 of   points       and    authorities,           the     declaration          of    Tracy      N.   Tumlin,
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                                                           [Summary    oC  pleading)     — 1
                 the    proposed        complaint,          and    on    the    complete        files      and    records
            2    contained         in   this     action.
            3    Dated:      September          13,    2012
                                                                                         Tra        N.   Tumlin
                                                                                         Attorney        for     Plaintiffs

                                            PROOF      OF   PERSONAL        SERVICE


                          I   Declare       that:
           10             I   am   I   am   over     the    age    of    18   years      of   age     and    not    a  party
                 to   the    within       action,       My    business        address        is   331    Arguello        Blvd,
                 San     Francisco,         California          94118.
           13             On    this     date     September         13,    2012     I  served       the    within      Notice
           14    of   motion       and    motion       to   file     amended        complaint,         memorandum          of
                 pints      and    authorities           in   support        of   motion       for    leave      to   file
                 ~~e~ded        complaint,         declaration           of   Tracy      N.   Tumlin       in    support       of
           ]7    motion       for    leave      to   f ile    and    amended        complaint,         proposed         Order
                 granting        motion       for    leave      to   file     amended        complaint        by
                 delivering          a   copy    thereof        to
           20                      The    Biernat        Law    Group
           21                      Attention         James      D.   Biernat,        Esq
           22                      1633     Bayshore        Hwy,     suite      133

           23                      Burlingame,           CA   94010
                          I   declare       under      penalty       of   perjury        under      the    laws     of
                 California          that     the    foregoing         is   true     and     corrects         Executed         on

                 September         13,    2012     at   Burlingame,           California.
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           28                                                                cy   N~   Tumlin


                                                           [Si~~~      of  pleading]     — 2