Preview
APR-27-20 MON 12:10 PN HANCOCK ROTHERT BUNSHOFT © FAK NO. 4159552509 gag
ae e : f Ae
ATTORNEY OR PARTY WHHOUT ATTORNEY (Namo, State Dur number, and address): FOR COURT USE ONLY
William J. Casey (SBN 116531)
[Andrew G. Wanger (SBN 166449)
Hancock Rothert & Bunshoft LLP
4 Embarcadero Center, Suite 300 F
San Francisco, CA
revertioncno.: 415/981-5550 —— FAXNO.(Opfona 415/955-2599 ALAMEDA COUNTY
E-MAIL ADDRESS (Opticnal: £ q 2 5
ALTORNEY
FOR (Nune: Defendants ae
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda A PR 2 ¢
sireeraporness. Civil Divisions ~ Unlimited Jurisdiction
waunoaooress. 1225 Fallon Street S
CHAK OF TRIE ih se COURT
ciyanpzipcens Oakland, CA 94612 By
BRANCH NAME: Peputy
PLAINTIFF/PETITIONER: MICHAEL SMITH
DEFENDANT/RESPONDENT:
JOHN EF, HILL, MICHABL GUTA, LAW
OFFICES OF JOHN E. HILL, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one); [X_] UNLIMITED CASE (77) LIMITED CASE’
(Amount demanded (Amount demanded Is $25,000 | RG 04163436
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:May 4, 2005 Time:9:00 a.m. Dept: 113 Div.: Room:
Addross of court (if different from (he address above):
661 Washington St., 6th Floor
Oakland, CA
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must he provide
1. Party or parties (answer one):
Y FAX
rx] This statement is submitted by party (name):gohn Hill, Michael Guta, Law Offices of John Hill
b. [J This statement is submitted jointly by parties (names):
2. Complaint and cross-compialint (fo be answered by plaintiffs and cross-complainants only}
a, The complaint was filed on (date)) Tune 30, 2004
b. |. | The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only}
a. [X] Allparties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
b. |.. | The fallowing parties named in the complaint or cross-complaint
(1) |, | have not been served (specify names and explain why not):
(2} [] have been served but have nol appeared and have not been dismissed (specify names):
(3) |. | have had a default entered against them (specify names):
c. | | The faliowing additional parties may be added (specify names, nature of involvement in ease, and the date by which
fhey may be served):
4. Description of case
a. Typeofcasoin [X] complaint [_] cross-complaint (describe, including causes of action):
Plaintiff seeks damages for legal malpractice, breach of fiduciary duty and
fraud.
Page 4 of &
hucel Coungy af Calton
Torm Adoplyd tor Mandalory
CM-110 [Rav, January
1, 2005}
Use
CASE MANAGEMENT STATEMENT Sohut Dns:
mle
Cal. Rutes of
21
f& Plus
VOGT 7864 tif - 412772005 12:19:15 PM
APR-27-20 MON 12:11 PM HANCOCK ROTHERT BUNSHOFT = FAX NO, 4159552699 P, 03
~ 2
& «a
PLAINTIFF/PETITIONER: MICHAEL SMITH CASE NUMBER:
TDEFENDANT/RESPONDENT:JOHN E, HILL, MICHAEL GUTA, LAW RG 04163436
OFFICES OF JOHN E. HILL, et al.
4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount), estimated future medical expenses, lost
eamings to date, and estimated future fost earnings. If equitable relief is sought, describe the nature of the relief)
Plainitf£{ seeks to recover damages from defendants for alleged prefessional
negligence/leqal malpractice, These claims arise out of defendants'
representation of plaintiff in a lawsuit wherein plaintiff sought to recover
damages for a breach of contract and breach of fiduciary duty against his
former company and its shareholders.
i... | Uifmore space is needed, check this box and attach a page designated as Attachment 4b.)
5, Jury or nonjury trial
The party or parties request LX] ajurytrial [__] anonjurytrial (if more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. [X] The trial has been set for (date): November 4, 2005
b. |. .] No trial dale has been set, This case will be ready for trial within 12 months of (he date of the filing of the camplaint (if
not, explain):
c, Dates on which parties or attarneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. |X | days (specify number): 10
b. |. J hours (short causes) (specify):
8. Trial representation (fo be answared far each party) :
The parly or parties will be represented at trial (x ] by the attorney or party listed in the caption [__] by the following:
. Attorney:
emmpagng®
Firm:
Address:
Telephone number:
Fax nurnber:
E-mail address:
Party represented:
{....| Additional representation is described in Attachment 8.
9, Prefercnce
|... This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
a, Counsel {"} has [7] hasnot provided the ADR information package identified in rule 201.9 to the client and has
reviewed ADR options with the client.
b. [ } Allparties have agreed to a form of ADR. ADR will be completed by (date):
before Read Amber of JAMS. Case did not settle.
CM-110 [Rov January t, 2005) CASE MANAGEMENT STATEMENT Pago 20° 4
1051 7604tif - 4127/2005 12:13:15 PM
APR-27-20 MON 12:11 PM HANCOCK ROTHERT BUNSHOFT = FAX NO, 4159552599 P, 04
z “ @
PLAINTIFF/PETITIONER: MICHAEL SMITH CASE NUMBER:
DEFENDANT/RESPONDENT:-JOHN E, HILL, MICHARL GUTA, LAW RG 04163436
QFFICES OF JOHN BE. HILT, et al.
10. d. The party or parties are willing to participate in (check all that apply):
(1) |] Mediation
(2) |. || Nenbinging judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Cour, rule 1612)
(3) {... ] Nonbinding judicial arbitration under Code of Civil Procedure section 1141,12 (discovery to remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 1612)
(4). a Binding judicial arbitration
®) [ me | Binding private arbitration
6) |_| Neutral case evaluation
” | | Other (specify):
@. | | This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the Statutory limit.
f. |. _] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil
Procedure section 1141.11.
g.| | This case is exempt from judicial arbitration under rule 1601(b) of the California Rutes of Court (specify exemption):
11, Settlement conference
{| The party or parties are willing to participate in an early settlement conference (specify when):
42, Insurance
a. | X_| Insurance carrier, if any, for party filing this statement (name): Underwriters at Lloyd's London
b, Reservation of rights; [| Yes |X| No
c. |. .] Coverage issues will significantly affect resolution of this case (explain):
13, Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
| ~] Bankruptcy [___] Other (specify):
Stalus:
14. Related cases, consolidation, and coordination
a. | | There are companion, underlying, or related cases.
(8 Name of case:
2) Name of court:
3) Case number:
ty Status:
{|} Addilionat cases are described in Attachment 14a.
b. {...) Amotionto ["] consolidate [/”} coordinate will be filed by (name party):
15. Bifurcation
f 1 The party or parties intend to fila a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify maving party, type of motion, and reasons): Unknown at this time
16. Other motions
| X | The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Unknown at this time
CM-110 Rov. January 1, 2005]
CASE MANAGEMENT STATEMENT Pago 3 of 4
1051 7654 tif 4127/2005 12:13:15 PH
APR-27-20 MON 12:12 PM HANCOCK ROTHERT BUNSHOFT © FAX NO, 4169552599 P, 06
£ -
PLAINTIFF/PETITIONER: MICHABRL SMITH CASE NUMBER:
[DEFENDANT/RESPONDENT: JOHN BE. HILL, MICHAEL GUTA, LAW RG 04163436
QFFICES OF JOHN E. HILL, et al.
17. Discovery
_a. [| The party or parties have completed all discovery.
b. [X ] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendants Deposition of Plaintiff To be completed
by June 2005
hefendants : Devositions of Third Parties and To be completed
Experts by Suly 2005
Written Discovery Request for Production (set 2) May 2005
c. |X
| The following discovery issues are anticipated (specify): Defendants may have to file a Motion to
Compel Further Responses, depending on whether the parties are able to
resolve these issues through the meet and confer process.
18. Economic Litigation
a. |... | This is a limited civil case (.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90 through 98 will apply to this case.
b. [”] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating fo discovery or tnal
Should not apply to this case):
19. Other issues
| | The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
20, Meet and confer
a [X| The party or parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of
Court (if not, explain):
b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following
(specify):
21. Case management orders
Previous case management orders in this case are (check one): “}none |_| attached as Attachment 21.
22. Total number of pages attached (if any):
{am completely familiar with this case and wil! be fully prepared to discuss the status of discovery and ADR, as well as other issues
ralsed by this statement, and will possess the authority to enter into stipulations on these Issués at the time of the case management
conference, including the written authonty of the party where required.
Date: April 26, 2005
Christina C. Marshall »
{TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY]
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATIORNEY)
{_] Additional signatures are attached
CM-110 [Ruv. danucaray 1, 2005} CASE MANAGEMENT STATEMENT Page 4 of 4
10517654fi - 4)27/2005 12:13:15 PH
APR-27-20 MON 12:13 PM "eo ROTHERT BUNSHOFT — FAX NO, a a P, 06
z=
PROOF OF SERVICE
Smith v. John E, Hill, Michael Guta, et al.
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
are)
T am employed in the county of aforesaid; I am over the age of cightcen years and
not a party to the within entitled action; my business address iis Four Embarcadero Center, Suite
300, San Francisco, California 94111-4168,
7a)
On April 27, 2005, I served the following document(s) described as CASE
MANAGEMENT STATEMENT on the interested party(ies) in this action by placing true copies
thercof enclosed in sealed envelopes and/or packages addressed as follows:
Attorneys for Plaintiff Attorneys for Cross-Defendants
Michael Smith Philip J. Duncan, Duncan & Rainwater
William DeGarmo, Esq. John H. Feeney, Esq,
McCann & Logue Thomas J, D’Amato
10 1660 Hamilton Avenue, Suite 203 Murphy, Pearson, Bradley & Feoney
San Jose, CA 95125 88 Kearny Street, 10th Floor
\1 Tel: (408) 269-8787 San Francisco, CA 94108
Fax: (408) 269-2321 Tel: (415) 788-1900
2 Fax: (415) 393-8087
13 >] BY MAIL: IJ am “readily familiar” with the firm’s practice of collection and
processing correspondence for mailing. Under that practice it would be deposited
14 with the U.S, postal service on that same day with postage thereon fully prepaid at
San Francisco, California, in the ordinary course of business. I am aware that on
15 motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after date of deposit for mailing in
16 affidavit.
17 [-] BY FEDERAL EXPRESS: I served such envelope or package to be delivered on
the same day to an authorized courier or driver authorized by I*cderal Express to
18 reccive documents, in an envelope or package designated by Federal Express.
19 [] BY FACSIMILE: I served said document(s) to be transmitted by facsimile at
approximately a.m./p.m, pursuant to Rule 2008 of the California Rules
20 of Court. The telephone number of the sending facsimile machine was (415) 955-
2599, The name(s) and facsimile machine telephone number(s) of the person(s)
21 served is listed in the attached service list marked witha“. A transmission
report was properly issued by the sending facsimile machine, and the transmission
22 was reported as complete and without crror.
23 x] STATE: I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
24
Executed on April 27, 2005, at San Francisco, California.
25
26 r
27 Cindy Fong VW
28
MANSOGH MOH HDB
Oustnar 4 Lue [SPDOC:2237-007-744004.2] [SFNOC:2044-009-74
1930.1] 2 CV 147233
PROOF OF SERVICE
pis 21815
Preview
APR-27-20 MON 12:10 PN HANCOCK ROTHERT BUNSHOFT © FAK NO. 4159552509 gag ae e : f Ae ATTORNEY OR PARTY WHHOUT ATTORNEY (Namo, State Dur number, and address): FOR COURT USE ONLY William J. Casey (SBN 116531) [Andrew G. Wanger (SBN 166449) Hancock Rothert & Bunshoft LLP 4 Embarcadero Center, Suite 300 F San Francisco, CA revertioncno.: 415/981-5550 —— FAXNO.(Opfona 415/955-2599 ALAMEDA COUNTY E-MAIL ADDRESS (Opticnal: £ q 2 5 ALTORNEY FOR (Nune: Defendants ae SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda A PR 2 ¢ sireeraporness. Civil Divisions ~ Unlimited Jurisdiction waunoaooress. 1225 Fallon Street S CHAK OF TRIE ih se COURT ciyanpzipcens Oakland, CA 94612 By BRANCH NAME: Peputy PLAINTIFF/PETITIONER: MICHAEL SMITH DEFENDANT/RESPONDENT: JOHN EF, HILL, MICHABL GUTA, LAW OFFICES OF JOHN E. HILL, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one); [X_] UNLIMITED CASE (77) LIMITED CASE’ (Amount demanded (Amount demanded Is $25,000 | RG 04163436 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:May 4, 2005 Time:9:00 a.m. Dept: 113 Div.: Room: Addross of court (if different from (he address above): 661 Washington St., 6th Floor Oakland, CA INSTRUCTIONS: All applicable boxes must be checked, and the specified information must he provide 1. Party or parties (answer one): Y FAX rx] This statement is submitted by party (name):gohn Hill, Michael Guta, Law Offices of John Hill b. [J This statement is submitted jointly by parties (names): 2. Complaint and cross-compialint (fo be answered by plaintiffs and cross-complainants only} a, The complaint was filed on (date)) Tune 30, 2004 b. |. | The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only} a. [X] Allparties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed. b. |.. | The fallowing parties named in the complaint or cross-complaint (1) |, | have not been served (specify names and explain why not): (2} [] have been served but have nol appeared and have not been dismissed (specify names): (3) |. | have had a default entered against them (specify names): c. | | The faliowing additional parties may be added (specify names, nature of involvement in ease, and the date by which fhey may be served): 4. Description of case a. Typeofcasoin [X] complaint [_] cross-complaint (describe, including causes of action): Plaintiff seeks damages for legal malpractice, breach of fiduciary duty and fraud. Page 4 of & hucel Coungy af Calton Torm Adoplyd tor Mandalory CM-110 [Rav, January 1, 2005} Use CASE MANAGEMENT STATEMENT Sohut Dns: mle Cal. Rutes of 21 f& Plus VOGT 7864 tif - 412772005 12:19:15 PM APR-27-20 MON 12:11 PM HANCOCK ROTHERT BUNSHOFT = FAX NO, 4159552699 P, 03 ~ 2 & «a PLAINTIFF/PETITIONER: MICHAEL SMITH CASE NUMBER: TDEFENDANT/RESPONDENT:JOHN E, HILL, MICHAEL GUTA, LAW RG 04163436 OFFICES OF JOHN E. HILL, et al. 4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount), estimated future medical expenses, lost eamings to date, and estimated future fost earnings. If equitable relief is sought, describe the nature of the relief) Plainitf£{ seeks to recover damages from defendants for alleged prefessional negligence/leqal malpractice, These claims arise out of defendants' representation of plaintiff in a lawsuit wherein plaintiff sought to recover damages for a breach of contract and breach of fiduciary duty against his former company and its shareholders. i... | Uifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5, Jury or nonjury trial The party or parties request LX] ajurytrial [__] anonjurytrial (if more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [X] The trial has been set for (date): November 4, 2005 b. |. .] No trial dale has been set, This case will be ready for trial within 12 months of (he date of the filing of the camplaint (if not, explain): c, Dates on which parties or attarneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. |X | days (specify number): 10 b. |. J hours (short causes) (specify): 8. Trial representation (fo be answared far each party) : The parly or parties will be represented at trial (x ] by the attorney or party listed in the caption [__] by the following: . Attorney: emmpagng® Firm: Address: Telephone number: Fax nurnber: E-mail address: Party represented: {....| Additional representation is described in Attachment 8. 9, Prefercnce |... This case is entitled to preference (specify code section): 10. Alternative Dispute Resolution (ADR) a, Counsel {"} has [7] hasnot provided the ADR information package identified in rule 201.9 to the client and has reviewed ADR options with the client. b. [ } Allparties have agreed to a form of ADR. ADR will be completed by (date): before Read Amber of JAMS. Case did not settle. CM-110 [Rov January t, 2005) CASE MANAGEMENT STATEMENT Pago 20° 4 1051 7604tif - 4127/2005 12:13:15 PM APR-27-20 MON 12:11 PM HANCOCK ROTHERT BUNSHOFT = FAX NO, 4159552599 P, 04 z “ @ PLAINTIFF/PETITIONER: MICHAEL SMITH CASE NUMBER: DEFENDANT/RESPONDENT:-JOHN E, HILL, MICHARL GUTA, LAW RG 04163436 QFFICES OF JOHN BE. HILT, et al. 10. d. The party or parties are willing to participate in (check all that apply): (1) |] Mediation (2) |. || Nenbinging judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Cour, rule 1612) (3) {... ] Nonbinding judicial arbitration under Code of Civil Procedure section 1141,12 (discovery to remain open until 30 days before trial; order required under Cal. Rules of Court, rule 1612) (4). a Binding judicial arbitration ®) [ me | Binding private arbitration 6) |_| Neutral case evaluation ” | | Other (specify): @. | | This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the Statutory limit. f. |. _] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. g.| | This case is exempt from judicial arbitration under rule 1601(b) of the California Rutes of Court (specify exemption): 11, Settlement conference {| The party or parties are willing to participate in an early settlement conference (specify when): 42, Insurance a. | X_| Insurance carrier, if any, for party filing this statement (name): Underwriters at Lloyd's London b, Reservation of rights; [| Yes |X| No c. |. .] Coverage issues will significantly affect resolution of this case (explain): 13, Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. | ~] Bankruptcy [___] Other (specify): Stalus: 14. Related cases, consolidation, and coordination a. | | There are companion, underlying, or related cases. (8 Name of case: 2) Name of court: 3) Case number: ty Status: {|} Addilionat cases are described in Attachment 14a. b. {...) Amotionto ["] consolidate [/”} coordinate will be filed by (name party): 15. Bifurcation f 1 The party or parties intend to fila a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify maving party, type of motion, and reasons): Unknown at this time 16. Other motions | X | The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Unknown at this time CM-110 Rov. January 1, 2005] CASE MANAGEMENT STATEMENT Pago 3 of 4 1051 7654 tif 4127/2005 12:13:15 PH APR-27-20 MON 12:12 PM HANCOCK ROTHERT BUNSHOFT © FAX NO, 4169552599 P, 06 £ - PLAINTIFF/PETITIONER: MICHABRL SMITH CASE NUMBER: [DEFENDANT/RESPONDENT: JOHN BE. HILL, MICHAEL GUTA, LAW RG 04163436 QFFICES OF JOHN E. HILL, et al. 17. Discovery _a. [| The party or parties have completed all discovery. b. [X ] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Deposition of Plaintiff To be completed by June 2005 hefendants : Devositions of Third Parties and To be completed Experts by Suly 2005 Written Discovery Request for Production (set 2) May 2005 c. |X | The following discovery issues are anticipated (specify): Defendants may have to file a Motion to Compel Further Responses, depending on whether the parties are able to resolve these issues through the meet and confer process. 18. Economic Litigation a. |... | This is a limited civil case (.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90 through 98 will apply to this case. b. [”] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating fo discovery or tnal Should not apply to this case): 19. Other issues | | The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 20, Meet and confer a [X| The party or parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following (specify): 21. Case management orders Previous case management orders in this case are (check one): “}none |_| attached as Attachment 21. 22. Total number of pages attached (if any): {am completely familiar with this case and wil! be fully prepared to discuss the status of discovery and ADR, as well as other issues ralsed by this statement, and will possess the authority to enter into stipulations on these Issués at the time of the case management conference, including the written authonty of the party where required. Date: April 26, 2005 Christina C. Marshall » {TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY] (TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATIORNEY) {_] Additional signatures are attached CM-110 [Ruv. danucaray 1, 2005} CASE MANAGEMENT STATEMENT Page 4 of 4 10517654fi - 4)27/2005 12:13:15 PH APR-27-20 MON 12:13 PM "eo ROTHERT BUNSHOFT — FAX NO, a a P, 06 z= PROOF OF SERVICE Smith v. John E, Hill, Michael Guta, et al. STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO are) T am employed in the county of aforesaid; I am over the age of cightcen years and not a party to the within entitled action; my business address iis Four Embarcadero Center, Suite 300, San Francisco, California 94111-4168, 7a) On April 27, 2005, I served the following document(s) described as CASE MANAGEMENT STATEMENT on the interested party(ies) in this action by placing true copies thercof enclosed in sealed envelopes and/or packages addressed as follows: Attorneys for Plaintiff Attorneys for Cross-Defendants Michael Smith Philip J. Duncan, Duncan & Rainwater William DeGarmo, Esq. John H. Feeney, Esq, McCann & Logue Thomas J, D’Amato 10 1660 Hamilton Avenue, Suite 203 Murphy, Pearson, Bradley & Feoney San Jose, CA 95125 88 Kearny Street, 10th Floor \1 Tel: (408) 269-8787 San Francisco, CA 94108 Fax: (408) 269-2321 Tel: (415) 788-1900 2 Fax: (415) 393-8087 13 >] BY MAIL: IJ am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited 14 with the U.S, postal service on that same day with postage thereon fully prepaid at San Francisco, California, in the ordinary course of business. I am aware that on 15 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in 16 affidavit. 17 [-] BY FEDERAL EXPRESS: I served such envelope or package to be delivered on the same day to an authorized courier or driver authorized by I*cderal Express to 18 reccive documents, in an envelope or package designated by Federal Express. 19 [] BY FACSIMILE: I served said document(s) to be transmitted by facsimile at approximately a.m./p.m, pursuant to Rule 2008 of the California Rules 20 of Court. The telephone number of the sending facsimile machine was (415) 955- 2599, The name(s) and facsimile machine telephone number(s) of the person(s) 21 served is listed in the attached service list marked witha“. A transmission report was properly issued by the sending facsimile machine, and the transmission 22 was reported as complete and without crror. 23 x] STATE: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 24 Executed on April 27, 2005, at San Francisco, California. 25 26 r 27 Cindy Fong VW 28 MANSOGH MOH HDB Oustnar 4 Lue [SPDOC:2237-007-744004.2] [SFNOC:2044-009-74 1930.1] 2 CV 147233 PROOF OF SERVICE pis 21815