Preview
1 CLAIRE E. COCHRAN (SBN 222529)
GREGORY W. STEVENS (Admitted Pro Hac Vice)
2 LAW OFFICES OF CLAIRE COCHRAN, P.C. ELECTRONICALLY
100 PINE STREET, SUITE 1250
3 SAN FRANCISCO, CA 94111 F I L E D
Superior Court of California,
TELEPHONE: (415) 580- 6019 County of San Francisco
4 FACSIMILE: (415) 745- 3301
08/02/2021
5 Attorneys for Plaintiff, Clerk of the Court
BY: SANDRA SCHIRO
Nathan Peter Runyon Deputy Clerk
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN FRANCISCO
10 NATHAN PETER RUNYON, CASE NO. CGC-19-581099
11 Plaintiff,
12 v. DECLARATION OF CLAIRE E.
COCHRAN IN SUPPORT OF
13 PAYWARD, INC., a California Corporation PLAINTIFF’S MOTION TO EXCUSE
d/b/a KRAKEN; and KAISER NG an LATE-FILING
14 individual and DOES 1-50, inclusive,
[Filed concurrently with Notice of Motion
15 and Motion; Memorandum of Points and
Defendant. Authorities; and Proposed Order]
16
Date: August 12, 2021
17 Time 9:30 a.m.
Dept.: 302
18 Judge: The Hon. Ethan P. Schulman
19 Action Filed: November 26, 2019
Trial Date: September 13, 2021
20
21
22 I, CLAIRE E. COCHRAN, declare and state as follows:
23 1. I am an attorney licensed to practice law in the State of California. I am the Owner and
24 Principal of the law firm Law Offices of Claire Cochran, P.C., attorneys of record for Plaintiff
25 Nathan Peter Runyon in the above-referenced civil action. I am over the age of 18 and competent
26 to testify as stated in this Declaration. If called upon as a witness, I testify as follows:
27
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DECLARATION OF CLAIRE E. COCHRAN IN SUPPORT OF OPPOSITION FOR MOTION FOR
SUMMARY ADJUDICATION
1 2. Each of the factual statements set forth in the Statement of Facts contained in the
2 accompanying Memorandum of Points and Authorities in support of Plaintiff’s Motion to Excuse
3 Late-Filing is true and correct.
4 3. A true and correct copy of a rejection notice received from One Legal by my firm on
5 July 30, 2021, is attached to this Declaration as Exhibit A.
6 4. I declare under penalty of perjury under the laws of the State of California that the
7 foregoing is true and correct.
8 Executed on July 29, 2021, at San Francisco California.
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CLAIRE E. COCHRAN, ESQ.
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DECLARATION OF CLAIRE E. COCHRAN IN SUPPORT
OF PLAINTIFF’S MOTION TO EXCUSE LATE-FILNG
Exhibit “A”
(/Dashboard) EXHIBIT A TO DECLARATION
OF CLAIRE E. COCHRAN
Order #16684568: eFiling & eServe
Submitted: 7/29/2021 9:57 PM CT | Attorney: Claire Cochran| Contact: Jacquelyn Zwirn
Rejected Court Transaction #100137728
7/30/2021 11:41 AM CT
MESSAGE FROM ONE LEGAL: The court clerk rejected your ling. If the court provided any comments about the rejection,
fi
they can be found below. To re- le, please place a new order.
fi
MESSAGE FROM THE COURT CLERK: Lead Rejection - Proof of service is not signed. Thank you..
Documents
Returned (0)
Documents will be available here once they are provided by the court's system.
Your Files (7)
Document Title Document Type Pages Status
PLAINTIFF NATHAN PETER RUNYONS
MEMORANDUM IN OPPOSITION TO
Opposition 27 Rejected
DEFENDANTS MOTION FOR SUMMARY
ADJUDICATION (FUS)
Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you..
PLAINTIFF NATHAN PETER RUNYONS
MEMORANDUM IN OPPOSITION TO
Opposition 27 Rejected
DEFENDANTS MOTION FOR SUMMARY
ADJUDICATION (PUB)
Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you..
PLAINTIFF NATHAN PETER RUNYONS
Separate Statement of Fact (or Response
RESPONSE TO DEFENDANTS STATEMENT 77 Rejected
to)
OF UNDISPUTED MATERIAL FACTS (FUS)
Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you..
PLAINTIFF NATHAN PETER RUNYONS
Separate Statement of Fact (or Response
RESPONSE TO DEFENDANTS STATEMENT 77 Rejected
to)
OF UNDISPUTED MATERIAL FACTS (PUB)
Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you..
Document Title Document Type Pages Status
DECLARATION OF CLAIRE E. COCHRAN IN
SUPPORT OF PLAINTIFFS OPPOSITION TO
Declaration 563 Rejected
MOTION FOR SUMMARY ADJUDICATION
(FUS)
Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you..
DECLARATION OF CLAIRE E. COCHRAN IN
SUPPORT OF PLAINTIFFS OPPOSITION TO
Declaration 563 Rejected
MOTION FOR SUMMARY ADJUDICATION
(PUB)
Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you..
DECLARATION OF NATHAN PETER
Declaration 29 Rejected
RUNYON
Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you..
eServe Recipients
Name Email Status
Cochran, Claire claire@clairecochranlegal.com Notification Sent - 7/29/2021 9:57 PM CT
LaVigne, Christopher Christopher.LaVigne@withersworldwide.com Notification Sent - 7/29/2021 9:57 PM CT
Viewed - 7/29/2021 10:06 PM CT
Partially Viewed - 7/29/2021 10:05 PM CT
Pallen, Kimberly kimberly.pallen@withersworldwide.com
Retrieved - 7/29/2021 10:04 PM CT
Notification Sent - 7/29/2021 9:57 PM CT
Greg Stevens
eCopy recipient for Cochran, greg@clairecochranlegal.com Notification Sent - 7/29/2021 9:57 PM CT
Claire
Jackie Zwirn
eCopy recipient for Cochran, jackie@clairecochranlegal.com Notification Sent - 7/29/2021 9:57 PM CT
Claire
Montana Jewett
eCopy recipient for Cochran, montana@cliarecochranlegal.com Notification Sent - 7/29/2021 9:57 PM CT
Claire
Case Information
Court
San Francisco County, Superior Court of California (San Francisco-McAllister)
Number
CGC-19-581099
Title
NATHAN PETER RUNYON VS. PAYWARD, INC., A CALIFORNIA CORPORATION ET AL
Client Billing Code
00254.Runyan.Pete
Confirmation Receipt #25448905
© One Legal LLC
Version: 7.0.20400.119-1590 | Customer #0107778
Accessibility statement (https://www.onelegal.com/accessibility/) | Privacy policy
(https://www.onelegal.com/privacy/) | Terms of service (https://www.onelegal.com/terms/)
1 PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
2
I am employed in the County of San Francisco, State of California, I am over the age of
3 eighteen years and am not a party to this action; my business address is Law Offices of Claire
Cochran, 100 Pine Street, Suite 1250, San Francisco, CA. 94111, and my business email address is
4 jackie@clairecochranlegal.com.
5 On August 2, 2021, I served a copy of the foregoing document(s) described as
DECLARATION OF CLAIRE E. COCHRAN IN SUPPORT OF PLAINTIFF’S MOTION
6 TO EXCUSE LATE-FILING on the interested parties in this action at their last known address
as set forth below by taking the action described below:
7
Withers Worldwide
8 Kimberly Pallen
Christopher N. LaVigne
9 505 Sansome Street, 2nd Floor,
San Francisco, CA 94111
10
Christopher.lavigne@withersworldwide.com
11 Kimberly.pallen@withersworldwide.com
Attorneys for Defendants
12
13 BY MAIL: I placed the above-mentioned document(s) in sealed envelope(s) addressed
as set forth above, and deposited each envelope in the mail at San Francisco, California.
14 Each envelope was mailed with postage thereon fully prepaid.
15 BY OVERNIGHT DELIVERY: I placed the above-mentioned document(s) in sealed
envelope(s) designated by the carrier, with delivery fees provided for, and addressed as
16 set forth above, and deposited the above-described document(s) with in the ordinary
course of business, by depositing the document(s) in a facility regularly maintained by
17 the carrier or delivering the document(s) to an authorized driver for the carrier.
18 BY PERSONAL DELIVERY: I placed the above-mentioned document(s) in sealed
envelope(s), and caused personal delivery by of the document(s) listed above to the
19 person(s) at the address(es) set forth above.
20 þ BY ELECTRONIC MAIL: I served the above-mentioned document electronically on
the parties listed at the email addresses above and, to the best of my knowledge, the
21 transmission was complete and without error in that I did not receive an electronic
notification to the contrary.
22
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I declare under penalty of perjury under the laws of the State of California that the above is
24 true and correct.
25 Executed on August 2, 2021, at San Francisco, California.
26
27 Jackie Zwirn
28
3
DECLARATION OF CLAIRE E. COCHRAN IN SUPPORT
OF PLAINTIFF’S MOTION TO EXCUSE LATE-FILNG
Preview
1 CLAIRE E. COCHRAN (SBN 222529) GREGORY W. STEVENS (Admitted Pro Hac Vice) 2 LAW OFFICES OF CLAIRE COCHRAN, P.C. ELECTRONICALLY 100 PINE STREET, SUITE 1250 3 SAN FRANCISCO, CA 94111 F I L E D Superior Court of California, TELEPHONE: (415) 580- 6019 County of San Francisco 4 FACSIMILE: (415) 745- 3301 08/02/2021 5 Attorneys for Plaintiff, Clerk of the Court BY: SANDRA SCHIRO Nathan Peter Runyon Deputy Clerk 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN FRANCISCO 10 NATHAN PETER RUNYON, CASE NO. CGC-19-581099 11 Plaintiff, 12 v. DECLARATION OF CLAIRE E. COCHRAN IN SUPPORT OF 13 PAYWARD, INC., a California Corporation PLAINTIFF’S MOTION TO EXCUSE d/b/a KRAKEN; and KAISER NG an LATE-FILING 14 individual and DOES 1-50, inclusive, [Filed concurrently with Notice of Motion 15 and Motion; Memorandum of Points and Defendant. Authorities; and Proposed Order] 16 Date: August 12, 2021 17 Time 9:30 a.m. Dept.: 302 18 Judge: The Hon. Ethan P. Schulman 19 Action Filed: November 26, 2019 Trial Date: September 13, 2021 20 21 22 I, CLAIRE E. COCHRAN, declare and state as follows: 23 1. I am an attorney licensed to practice law in the State of California. I am the Owner and 24 Principal of the law firm Law Offices of Claire Cochran, P.C., attorneys of record for Plaintiff 25 Nathan Peter Runyon in the above-referenced civil action. I am over the age of 18 and competent 26 to testify as stated in this Declaration. If called upon as a witness, I testify as follows: 27 28 DECLARATION OF CLAIRE E. COCHRAN IN SUPPORT OF OPPOSITION FOR MOTION FOR SUMMARY ADJUDICATION 1 2. Each of the factual statements set forth in the Statement of Facts contained in the 2 accompanying Memorandum of Points and Authorities in support of Plaintiff’s Motion to Excuse 3 Late-Filing is true and correct. 4 3. A true and correct copy of a rejection notice received from One Legal by my firm on 5 July 30, 2021, is attached to this Declaration as Exhibit A. 6 4. I declare under penalty of perjury under the laws of the State of California that the 7 foregoing is true and correct. 8 Executed on July 29, 2021, at San Francisco California. 9 10 11 CLAIRE E. COCHRAN, ESQ. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF CLAIRE E. COCHRAN IN SUPPORT OF PLAINTIFF’S MOTION TO EXCUSE LATE-FILNG Exhibit “A” (/Dashboard) EXHIBIT A TO DECLARATION OF CLAIRE E. COCHRAN Order #16684568: eFiling & eServe Submitted: 7/29/2021 9:57 PM CT | Attorney: Claire Cochran| Contact: Jacquelyn Zwirn Rejected Court Transaction #100137728 7/30/2021 11:41 AM CT MESSAGE FROM ONE LEGAL: The court clerk rejected your ling. If the court provided any comments about the rejection, fi they can be found below. To re- le, please place a new order. fi MESSAGE FROM THE COURT CLERK: Lead Rejection - Proof of service is not signed. Thank you.. Documents Returned (0) Documents will be available here once they are provided by the court's system. Your Files (7) Document Title Document Type Pages Status PLAINTIFF NATHAN PETER RUNYONS MEMORANDUM IN OPPOSITION TO Opposition 27 Rejected DEFENDANTS MOTION FOR SUMMARY ADJUDICATION (FUS) Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you.. PLAINTIFF NATHAN PETER RUNYONS MEMORANDUM IN OPPOSITION TO Opposition 27 Rejected DEFENDANTS MOTION FOR SUMMARY ADJUDICATION (PUB) Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you.. PLAINTIFF NATHAN PETER RUNYONS Separate Statement of Fact (or Response RESPONSE TO DEFENDANTS STATEMENT 77 Rejected to) OF UNDISPUTED MATERIAL FACTS (FUS) Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you.. PLAINTIFF NATHAN PETER RUNYONS Separate Statement of Fact (or Response RESPONSE TO DEFENDANTS STATEMENT 77 Rejected to) OF UNDISPUTED MATERIAL FACTS (PUB) Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you.. Document Title Document Type Pages Status DECLARATION OF CLAIRE E. COCHRAN IN SUPPORT OF PLAINTIFFS OPPOSITION TO Declaration 563 Rejected MOTION FOR SUMMARY ADJUDICATION (FUS) Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you.. DECLARATION OF CLAIRE E. COCHRAN IN SUPPORT OF PLAINTIFFS OPPOSITION TO Declaration 563 Rejected MOTION FOR SUMMARY ADJUDICATION (PUB) Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you.. DECLARATION OF NATHAN PETER Declaration 29 Rejected RUNYON Message from the court clerk: Lead Rejection - Proof of service is not signed. Thank you.. eServe Recipients Name Email Status Cochran, Claire claire@clairecochranlegal.com Notification Sent - 7/29/2021 9:57 PM CT LaVigne, Christopher Christopher.LaVigne@withersworldwide.com Notification Sent - 7/29/2021 9:57 PM CT Viewed - 7/29/2021 10:06 PM CT Partially Viewed - 7/29/2021 10:05 PM CT Pallen, Kimberly kimberly.pallen@withersworldwide.com Retrieved - 7/29/2021 10:04 PM CT Notification Sent - 7/29/2021 9:57 PM CT Greg Stevens eCopy recipient for Cochran, greg@clairecochranlegal.com Notification Sent - 7/29/2021 9:57 PM CT Claire Jackie Zwirn eCopy recipient for Cochran, jackie@clairecochranlegal.com Notification Sent - 7/29/2021 9:57 PM CT Claire Montana Jewett eCopy recipient for Cochran, montana@cliarecochranlegal.com Notification Sent - 7/29/2021 9:57 PM CT Claire Case Information Court San Francisco County, Superior Court of California (San Francisco-McAllister) Number CGC-19-581099 Title NATHAN PETER RUNYON VS. PAYWARD, INC., A CALIFORNIA CORPORATION ET AL Client Billing Code 00254.Runyan.Pete Confirmation Receipt #25448905 © One Legal LLC Version: 7.0.20400.119-1590 | Customer #0107778 Accessibility statement (https://www.onelegal.com/accessibility/) | Privacy policy (https://www.onelegal.com/privacy/) | Terms of service (https://www.onelegal.com/terms/) 1 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 2 I am employed in the County of San Francisco, State of California, I am over the age of 3 eighteen years and am not a party to this action; my business address is Law Offices of Claire Cochran, 100 Pine Street, Suite 1250, San Francisco, CA. 94111, and my business email address is 4 jackie@clairecochranlegal.com. 5 On August 2, 2021, I served a copy of the foregoing document(s) described as DECLARATION OF CLAIRE E. COCHRAN IN SUPPORT OF PLAINTIFF’S MOTION 6 TO EXCUSE LATE-FILING on the interested parties in this action at their last known address as set forth below by taking the action described below: 7 Withers Worldwide 8 Kimberly Pallen Christopher N. LaVigne 9 505 Sansome Street, 2nd Floor, San Francisco, CA 94111 10 Christopher.lavigne@withersworldwide.com 11 Kimberly.pallen@withersworldwide.com Attorneys for Defendants 12 13 BY MAIL: I placed the above-mentioned document(s) in sealed envelope(s) addressed as set forth above, and deposited each envelope in the mail at San Francisco, California. 14 Each envelope was mailed with postage thereon fully prepaid. 15 BY OVERNIGHT DELIVERY: I placed the above-mentioned document(s) in sealed envelope(s) designated by the carrier, with delivery fees provided for, and addressed as 16 set forth above, and deposited the above-described document(s) with in the ordinary course of business, by depositing the document(s) in a facility regularly maintained by 17 the carrier or delivering the document(s) to an authorized driver for the carrier. 18 BY PERSONAL DELIVERY: I placed the above-mentioned document(s) in sealed envelope(s), and caused personal delivery by of the document(s) listed above to the 19 person(s) at the address(es) set forth above. 20 þ BY ELECTRONIC MAIL: I served the above-mentioned document electronically on the parties listed at the email addresses above and, to the best of my knowledge, the 21 transmission was complete and without error in that I did not receive an electronic notification to the contrary. 22 23 I declare under penalty of perjury under the laws of the State of California that the above is 24 true and correct. 25 Executed on August 2, 2021, at San Francisco, California. 26 27 Jackie Zwirn 28 3 DECLARATION OF CLAIRE E. COCHRAN IN SUPPORT OF PLAINTIFF’S MOTION TO EXCUSE LATE-FILNG