On October 28, 2009 a
Appellate Materials
was filed
involving a dispute between
Chang, Michael,
and
Farmers Group, Inc,
Farmers Group, Inc., A California Corp,
Farmers Insurance Company, Inc,
Farmers Insurance Company, Inc. A California Corporation,
Farmers Insurance Exchange Insurance Exchange,
Truck Insurace Exchange,
for (18) Unlimited Insurance Coverage
in the District Court of San Mateo County.
Preview
Lee J. Danforth, Esq. —SBN 73695
FILED
SAN MATEO COUNTY
—SBN
Richard
Carrie
G. Grotch,
Dupic Huynh,
Esq.
Esq.
CODDINGTON, HICKS & DANFORTH
127713
—SBN 240252
UL Ii 20Q
A Professional Corporation, Lawyers of the S rl u
555 Twin Dolphin Drive, Suite 300
Redwood City, CA 94065-2133 OEPI~'LERK
Telephone: (650) 592-5400
5 Facsimile: (650) 592-5027
Ii
I
6 ATTORNEYS FOR Defendants
Farmers Insurance Exchange and Truck Insurance Exchange
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
10
11 MICHAELCHANG, an individual, Case No. CIV 489065
(9
%I
Plaintiff,
EX PARTE APPLICATION FOR 10-DAY
vs. EXTENSION OF TIME FOR FILING OF A
WRIT PETITION WITH THE COURT OF
FARMERS INSURANCE COMPANY, INC.,
FARMERS GROUP, INC., FARMERS APPEAL
15 INSURANCE EXCHANGE AND TRUCK
INSURANCE EXCHANGE, reciprocal inter- Date: July 31, 2012
16 insurance exchanges; Does 1 to 99, Inclusive, Time: 2:00 p.m.
Dept.: LEAM
17 Defendants. Judge: Joseph E. Bergeron
18
19 Defendants Farmers Insurance Exchange and Truck Insurance Exchange respectfully present
20 this ex parte application for a 10-day extension of time to file a petition for peremptory writ of
21 mandate, seeking review, by the Court of Appeal, of this Court's ruling denying defendants'econd
22 Motion for Summary Judgment or, Alternatively, for Summary Adjudication. Presently, the deadline
23 for filing a writ petition is August 6, 2012. Defendants request a 10-day extension, through and
24 including August 15, 2012, to file a writ petition pursuant to Section 437c(m)(1) of the Code of Civil
25 Procedure.
26 This ex parte request is properly made to the Superior Court pursuant to Section 437c(m)(1)
27 of the Code of Civil Procedure, which authorizes this Court to grant an extension of up to ten days for
28
1
EX PARTE APPLICATION FOR 10-DAY EXTENSION OF TIME FOR FILING WRIT PETITION WITH THE COURT OF APPEAL
Case No: CIV 489065
1 the filing of a writ petition with the Court of Appeal, upon a showing of good cause, and upon a
2 request timely made prior to the expiration of the initial statutory filing period. Here, there isgood
3 cause to grant the extension that defendants request because the competing demands of defense
4 counsel's busy practice, including the concurrent preparation of two dispositive motions for filing in
5 federal courts outside this state, make it largely impractical to complete the petition papers for timely
6 filing on August 6, 2012. Defendants have a right to have their counsel of choice prepare this
7 appellate briefing, and a brief 10-day extension of time is necessary to allow appellate attorney
8 Richard G. Grotch to competently complete this work for defendants and discharge his duties to the
9 Courts. Defendants know of no prejudice that will result to plaintiffifthis extension were granted.
10 This ex parte request isbased on the notice previously communicated to plaintiffthrough his
11 counsel, this application for ex parte relief, the accompanying memorandum of points and authorities,
12 the declaration of Carrie Dupic Huynh and exhibits thereto, the declaration of Richard G. Grotch, the
13 papers and records on file with the court and such oral and documentary evidence as may be
14 submitted at the hearing on the application. For the convenience of the court, a proposed ex parte
15 order is submitted herewith.
16
Dated: July 31, 2012 CODDINGTON, HICKS & DANFORTH
18
19 Carrie Dupic Huynh
Attorneys for Defendants
20 Farmers Insurance Exchange and Truck
Insurance Exchange
21
22
23
24
25
26
27
28
2
EX PARTE APPLICATION FOR 10-DAY EXTENSION OF TIME FOR FILING WRIT PETITION WITH THE COURT OF APPEAL
Case No: CIV 489065
Document Filed Date
July 31, 2012
Case Filing Date
October 28, 2009
Category
(18) Unlimited Insurance Coverage
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Lee J. Danforth, Esq. —SBN 73695 FILED SAN MATEO COUNTY —SBN Richard Carrie G. Grotch, Dupic Huynh, Esq. Esq. CODDINGTON, HICKS & DANFORTH 127713 —SBN 240252 UL Ii 20Q A Professional Corporation, Lawyers of the S rl u 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 OEPI~'LERK Telephone: (650) 592-5400 5 Facsimile: (650) 592-5027 Ii I 6 ATTORNEYS FOR Defendants Farmers Insurance Exchange and Truck Insurance Exchange IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO 10 11 MICHAELCHANG, an individual, Case No. CIV 489065 (9 %I Plaintiff, EX PARTE APPLICATION FOR 10-DAY vs. EXTENSION OF TIME FOR FILING OF A WRIT PETITION WITH THE COURT OF FARMERS INSURANCE COMPANY, INC., FARMERS GROUP, INC., FARMERS APPEAL 15 INSURANCE EXCHANGE AND TRUCK INSURANCE EXCHANGE, reciprocal inter- Date: July 31, 2012 16 insurance exchanges; Does 1 to 99, Inclusive, Time: 2:00 p.m. Dept.: LEAM 17 Defendants. Judge: Joseph E. Bergeron 18 19 Defendants Farmers Insurance Exchange and Truck Insurance Exchange respectfully present 20 this ex parte application for a 10-day extension of time to file a petition for peremptory writ of 21 mandate, seeking review, by the Court of Appeal, of this Court's ruling denying defendants'econd 22 Motion for Summary Judgment or, Alternatively, for Summary Adjudication. Presently, the deadline 23 for filing a writ petition is August 6, 2012. Defendants request a 10-day extension, through and 24 including August 15, 2012, to file a writ petition pursuant to Section 437c(m)(1) of the Code of Civil 25 Procedure. 26 This ex parte request is properly made to the Superior Court pursuant to Section 437c(m)(1) 27 of the Code of Civil Procedure, which authorizes this Court to grant an extension of up to ten days for 28 1 EX PARTE APPLICATION FOR 10-DAY EXTENSION OF TIME FOR FILING WRIT PETITION WITH THE COURT OF APPEAL Case No: CIV 489065 1 the filing of a writ petition with the Court of Appeal, upon a showing of good cause, and upon a 2 request timely made prior to the expiration of the initial statutory filing period. Here, there isgood 3 cause to grant the extension that defendants request because the competing demands of defense 4 counsel's busy practice, including the concurrent preparation of two dispositive motions for filing in 5 federal courts outside this state, make it largely impractical to complete the petition papers for timely 6 filing on August 6, 2012. Defendants have a right to have their counsel of choice prepare this 7 appellate briefing, and a brief 10-day extension of time is necessary to allow appellate attorney 8 Richard G. Grotch to competently complete this work for defendants and discharge his duties to the 9 Courts. Defendants know of no prejudice that will result to plaintiffifthis extension were granted. 10 This ex parte request isbased on the notice previously communicated to plaintiffthrough his 11 counsel, this application for ex parte relief, the accompanying memorandum of points and authorities, 12 the declaration of Carrie Dupic Huynh and exhibits thereto, the declaration of Richard G. Grotch, the 13 papers and records on file with the court and such oral and documentary evidence as may be 14 submitted at the hearing on the application. For the convenience of the court, a proposed ex parte 15 order is submitted herewith. 16 Dated: July 31, 2012 CODDINGTON, HICKS & DANFORTH 18 19 Carrie Dupic Huynh Attorneys for Defendants 20 Farmers Insurance Exchange and Truck Insurance Exchange 21 22 23 24 25 26 27 28 2 EX PARTE APPLICATION FOR 10-DAY EXTENSION OF TIME FOR FILING WRIT PETITION WITH THE COURT OF APPEAL Case No: CIV 489065