Request,Application: Metcon TI, Inc. vs Green Spoke Property Management Inc., et al. et al

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PATRICIA WALSH, A PROFESSIONAL LAW CORPORATION
Patricia Walsh (SBN 121098)

751 Laurel Street, # 805

San Carlos, CA 94070

Telephone: 650 832 3757

PatriciaWalsh@pwalshlaw.com

 

Attorneys for Plaintiff
METCON TI, INC.

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA

METCON TI, INC., a California corporation, ) Case No.: 21CV383978
)
Plaintiff, ) PLAINTIFF’S APPLICATION TO EXTEND
) TIME FOR SERVICE OF COMPLAINT,
vs, ) AND DECLARATION OF PATRICIA
) WALSH IN SUPPORT THEREOF
GREEN SPOKE PROPERTY )
MANAGEMENT INC., a Nevada ) (Unlimited Jurisdiction — Exceeds $25,000.00)
Corporation; )
YOUR LLC, a Delaware limited liability ) Complaint filed: June 30, 2021
company; )
KITTY HAWK CORPORATION, ) Next Scheduled CMC: 11/9/21, Dept. 19
a Delaware corporation; and )
DOES 1 - 100, inclusive, )
)
Defendants. )
ee

Plaintiff Metcon TI, Inc. (“Plaintiff”), herewith requests that this Court permit an
additional sixty days within which to serve the Complaint filed by Plaintiff in the herein action
on June 30, 2021. (Cal. Rule of Court 3.110(e).)

This application is made on the following grounds:

Plaintiff has accomplished service of process upon Kitty Hawk Corporation (“KHC”) but
not the remaining defendants. However, counsel for KHC has indicated that mechanic’s lien
release bonds have been or will be issued in connection with the mechanic’s lien that is the
subject of Plaintiffs action. Therefore, it will be necessary to amend the Complaint to name the

release bond sureties. In light of the expected amendment, any service of the original Complaint

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upon Green Spoke Property Management, Inc. would essentially be moot. Counsel for KHC has
indicated he will accept service for Defendant Your LLC, but those entities are not expected to
be parties once the release bonds are provided.

Although this application is framed as a request for an extension of time to serve the
original complaint, as a practical matter an amended complaint will be filed and then served.
Plaintiff expects to accomplish with within sixty days of the date of this application. That will

allow time to receive the lien release bonds., amend the pleading, and cause it to be served.

Respectfully submitted,
Dated: September 20, 2021 PATRICIA WALSH, A PROFESSIONAL LAW
CORPORATION
Patricia Walsh
Attorney for Plaintiff

METCON TI, INC.

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DECLARATION OF PATRICIA WALSH

I, Patricia Walsh, declare:

Iam a shareholder in the firm of Patricia Walsh, A Professional Law Corporation, and
counsel of record for Metcon TI, Inc.

I have caused service of process to occur with respect to Defendant Kitty Hawk
Corporation (“KHC”). I was thereafter contacted by attorney Jeffrey M. Chu of Hanson Bridgett
LLP, 425 Market Street, 26th Floor, San Francisco, CA 94105, on behalf of KHC. Eventually,
Mr. Chu confirmed that he would also be representing Your LLC in this action, and Google in a
related action, and that he would accept service for those parties. Mr. Chu also has told me that
his clients have or will be securing mechanic’s lien release bonds.

Based upon these facts, it will be necessary to amend Plaintiffs Complaint to add the
release bond sureties as defendants, and drop Your LLC from this action and Google from the
related action.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct and personally known to me.

Date: September 20, 2021 per Q bv (__—

Patricia Walsh

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PROOF OF SERVICE

I, Patricia Walsh, am a resident of the State of California, over the age of eighteen years, and not
a party to the within action. My business address is Patricia Walsh, A Professional Law
Corporation, 751 Laurel Street, #805, San Carlos, 94070. On September 20, 2021, I served the
within documents:

PLAINTIFF’S APPLICATION TO EXTEND TIME FOR SERVICE OF
COMPLAINT, AND DECLARATION OF PATRICIA WALSH IN
SUPPORT THEREOF

ik] by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, for collection and mailing following our ordinary business practice
at San Carlos, California addressed as set forth below.

Jeffrey M. Chu, Esq.

HANSON BRIDGETT, LLP

425 Market Street, 26th Floor

San Francisco, CA 94105

Attorney for Kitty Hawk Corporation

jchu@hansonbridgett.com

Iam readily familiar with the firm’s practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. postal
service on that same day with postage thereon fully prepaid in the ordinary course of business.

I declare that I am a shareholder in or employed by the office of a member of the
bar of this court at whose direction the service was made.

I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.

Executed on September 20, 2021, at San Carlos, California.

Patricia Walsh