On September 30, 2016 a
Proof of Service
was filed
involving a dispute between
Lusk, William J,
William J Lusk,
and
Andrew Lager,
Elsbree, Mary,
Francis Lager,
Frank Mcelhinney,
Lager, Andrew,
Lager, Francis,
Mary Elsbree,
Mcelhinney, Frank,
for Other Non-PI/PD/WD Tort
in the District Court of Alameda County.
Preview
as © efit
1 }} LONNIE FINKEL (SBN 196487)
FINKEL LAW GROUP, P.C.
2 {1300Lakeside Drive, Suite 1000 ALAMEDA COUNTY
5 Oakland, California 94612
Telephone: (510) 344-6601 DEC 91 2016
4 Facsimile: (925) 274-1007
Ifinkel@finkellawgroup.com | . By x F THE SUPERIOR COURT
7 fae s TepuTy,
>
6 || Attorneys for William J. Lusk
7 . |
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ALAMEDA
10
iH WILLIAM J. LUSK Case No: RG16833350
12 Plaintiffs,
DECLARATION OF NOTICE REGARDING
13 vs. DECEMBER 1, 2016 HEARING ON THE EX
PARTE APPLICATION FOR ORDER
14 || ANDREW LAGER, FRANCES LAGER, = | ALLOWING SERVICE OF SUMMONS
MARY ELSBREE, FRANK McELHINNEY, AND COMPLAINT BY PUBLICATION
15 {JandDOES 1-10. AND EX PARTE APPLICAION FOR
f EXTENSION OF TIME TO SERVE
16 Defendants. PLEADING
7 Hearing Date: December 1, 2016
18 . Time: 2:30pm
Judge: Hon. Stephen Pulido
19 . Dept.: 16
20 Action Filed: September 30, 2016
_ Trial Date: Not Set
21
22
23 {| 1,LONNIE FINKEL, declare:
24 In support of the plaintiffs’ ex parte application, I can state the following facts based upon
25 || personal knowledge:
26 1. Iam an attorney at law, duly licensed to practice law before allcourts in the State of
27 ||California. I am’an attorney with the law firm of Finkel Law Group P.C., the attorneys of record for
28 || plaintiff William J Lusk. Imake this declaration of my own personal knowledge except where stated
I
DECLARATION OF NOTICE REGARDING DECEMBER 1,2016 HEARING ON THE EX PARTE APPLICATION FOR ORDER ALLOWING
SERVICE OF SUMMONS AND COMPLAINT BY PUBLICATION AND EX PARTE APPLICAION FOR EXTENSION OF TIME TO SERVE
PLEADING —CASE NO. RG16833350 -
i
on information and belief, and if called to do so, Icould and would testify to the truth and accuracy of
the matters stated herein.
2. ‘On November 29, 2016, Inotified counsel for Francis Lager, Andrew Lager, and Frank
|]McElhinney by fax that this application would be heard by this Court in Department 16 on an ex parte
!
basis on December 1,2016 at 2:30pm. .
3. Counsel for Francis Lager, David Bremer of Monty White, LLP, did not immediately —
respond to my notification. In a follow up phone callon November 30, 2016, his assistant indicated
that he was in a deposition but received the notification and did not intend to appear at the hearing or
oppose the application.
10 4. Counsel for Andrew Lager, Thomas Eastridge of the Law Offices of Thomas
11 Eastridge, informed me he would not appear at the hearing or oppose this application.
12 5. Counsel for Frank McElhinney, A. Byrne Conley of Gibbons & Conley, did not
13 immediately respond to my notification. In a follow up phone call on November 30, 2016, he
14 informed me that he did not intend to.appear at the hearing or oppose this application.
15 I declare under penalty of perjury under the laws of the State of California that the foregoing is
16 true and correct.
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2 .
DECLARATION OF NOTICE REGARDING DECEMBER I,2016 HEARING ON THE EX PARTE APPLICATION FOR ORDER ALLOWING
SERVICE OF SUMMONS AND COMPLAINT BY PUBLICATION AND EX PARTE APPLICAION FOR EXTENSION OF TIME TO SERVE
PLEADING —CASE NO. RG16833350
Document Filed Date
December 01, 2016
Case Filing Date
September 30, 2016
Category
Other Non-PI/PD/WD Tort
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Preview
as © efit 1 }} LONNIE FINKEL (SBN 196487) FINKEL LAW GROUP, P.C. 2 {1300Lakeside Drive, Suite 1000 ALAMEDA COUNTY 5 Oakland, California 94612 Telephone: (510) 344-6601 DEC 91 2016 4 Facsimile: (925) 274-1007 Ifinkel@finkellawgroup.com | . By x F THE SUPERIOR COURT 7 fae s TepuTy, > 6 || Attorneys for William J. Lusk 7 . | 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ALAMEDA 10 iH WILLIAM J. LUSK Case No: RG16833350 12 Plaintiffs, DECLARATION OF NOTICE REGARDING 13 vs. DECEMBER 1, 2016 HEARING ON THE EX PARTE APPLICATION FOR ORDER 14 || ANDREW LAGER, FRANCES LAGER, = | ALLOWING SERVICE OF SUMMONS MARY ELSBREE, FRANK McELHINNEY, AND COMPLAINT BY PUBLICATION 15 {JandDOES 1-10. AND EX PARTE APPLICAION FOR f EXTENSION OF TIME TO SERVE 16 Defendants. PLEADING 7 Hearing Date: December 1, 2016 18 . Time: 2:30pm Judge: Hon. Stephen Pulido 19 . Dept.: 16 20 Action Filed: September 30, 2016 _ Trial Date: Not Set 21 22 23 {| 1,LONNIE FINKEL, declare: 24 In support of the plaintiffs’ ex parte application, I can state the following facts based upon 25 || personal knowledge: 26 1. Iam an attorney at law, duly licensed to practice law before allcourts in the State of 27 ||California. I am’an attorney with the law firm of Finkel Law Group P.C., the attorneys of record for 28 || plaintiff William J Lusk. Imake this declaration of my own personal knowledge except where stated I DECLARATION OF NOTICE REGARDING DECEMBER 1,2016 HEARING ON THE EX PARTE APPLICATION FOR ORDER ALLOWING SERVICE OF SUMMONS AND COMPLAINT BY PUBLICATION AND EX PARTE APPLICAION FOR EXTENSION OF TIME TO SERVE PLEADING —CASE NO. RG16833350 - i on information and belief, and if called to do so, Icould and would testify to the truth and accuracy of the matters stated herein. 2. ‘On November 29, 2016, Inotified counsel for Francis Lager, Andrew Lager, and Frank |]McElhinney by fax that this application would be heard by this Court in Department 16 on an ex parte ! basis on December 1,2016 at 2:30pm. . 3. Counsel for Francis Lager, David Bremer of Monty White, LLP, did not immediately — respond to my notification. In a follow up phone callon November 30, 2016, his assistant indicated that he was in a deposition but received the notification and did not intend to appear at the hearing or oppose the application. 10 4. Counsel for Andrew Lager, Thomas Eastridge of the Law Offices of Thomas 11 Eastridge, informed me he would not appear at the hearing or oppose this application. 12 5. Counsel for Frank McElhinney, A. Byrne Conley of Gibbons & Conley, did not 13 immediately respond to my notification. In a follow up phone call on November 30, 2016, he 14 informed me that he did not intend to.appear at the hearing or oppose this application. 15 I declare under penalty of perjury under the laws of the State of California that the foregoing is 16 true and correct. 17 18 19 20 21 22 23 24 25 26 27 28 2 . DECLARATION OF NOTICE REGARDING DECEMBER I,2016 HEARING ON THE EX PARTE APPLICATION FOR ORDER ALLOWING SERVICE OF SUMMONS AND COMPLAINT BY PUBLICATION AND EX PARTE APPLICAION FOR EXTENSION OF TIME TO SERVE PLEADING —CASE NO. RG16833350