Hearing: Velocity Investments, LLC v. Canul

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                                16CV300096
                                                      Santa Clara — Civil




                                                                                              Electronically Filed
     Fred W. Schwinn (SBN 225575)
                                                                                              by Superior Court of CA,
     Raeon R. Roulston (SBN 255622)
     Matthew C. Salmonsen (SBN 302854)                                                        County of Santa Clara,
     CONSUMER LAW CENTER, INC.                                                                on 2/22/2022 9:24 PM
     38 West Santa Clara Street                                                               Reviewed By: R. Walker
     San Jose, California 95113-1806                                                          Case #16CV300096
     Telephone Number: (408) 294-6100                                                         Envelope: 8345819
     Facsimile Number: (408) 294-6190
     Email Address: fred.schwinn@sjconsumerlaw.com

     Attorneys for Defendant/Cross-Complainant
     MARIA ANTONIA CANUL

                            SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                               COUNTY         OF SANTA CLARA
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      VELOCITY INVESTMENTS, LLC,                                 Case No. 16CV300096
11                                                               (Unlimited Civil Case)
                                         Plaintiff,
12    v.                                                         Assigned for all purposes to:
13                                                               The Honorable Patricia M. Lucas (Dept. 3)
      MARIA CANUL,
14                                    Defendant.
      MARIA ANTONIA CANUL, on behalf of                          NOTICE OF MOTION AND MOTION TO
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      herself and all others similarly situated,                 CONDUCT DISCOVERY PURSUANT TO
16                                                               CODE OF CIVIL PROCEDURE SECTION
                               Cross-Complainant,                425.16(g)
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      v
18                                                               Hearing          Date:           May 11, 2022
      VELOCITY INVESTMENTS, LLC, a New                           Hearing          Time:           1:30 p.m.
19    Jersey limited liability company;                          Hearing          Dept.:          3
      VELOCITY PORTFOLIO GROUP, INC.,                            Hearing          Location:       191 North First Street
20    a Delaware corporation; and ROES 2                                                          San Jose, California
21    through 10, inclusive,

22                             Cross-Defendants.

23          TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN:
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            NOTICE IS HEREBY              GIVEN that on May 11, 2022, at 1:30 p.m., or as soon thereafter as the
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     matter may be heard before the Honorable                 Patricia M. Lucas            in Department       3 of the Santa Clara
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     Superior   Court,   located   at   191   North   First    Street,      San    Jose,   California   95113,     Defendant/Cross-
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28   Complainant, MARIA ANTONIA                CANUL      (“CANUL”), will and hereby does move the Court for an

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     MOTION TO CONDUCT DISCOVERY                                                                              Case No. 16CV300096
order to conduct discovery necessary to oppose Cross-Defendant, VELOCITY PORTFOLIO GROUP,

     INC. (“VPGI”)’s Special Motion to Strike First Amended Cross-Complaint, pursuant to Code of Civil

     Procedure § 425.16(g). Good cause exists to allow CANUL     to conduct the requested discovery, which

     is narrowly tailored to address CANUL’s alter ego, joint venture, and/or agency allegations, denial of

     which forms much of the basis of VPGI’s motion.

              This Motion is based upon this Notice, the attached Memorandum   of Points and Authorities, the

     Declaration of Fred W. Schwinn, the Declaration of Raeon R. Roulston, all the pleadings, records, and

     papers on file in this action, and upon such further oral and documentary evidence as may be presented
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     at hearing of this action.
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                                                         CONSUMER      LAW CENTER, INC.
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     Dated:   February 22, 2022                          By:
14                                                       O Fred W. Schwinn (SBN 225575)
                                                         DH Raeon R. Roulston (SBN 255622)
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                                                         C1 Matthew C. Salmonsen (SBN 302854)
16                                                       CONSUMER LAW CENTER, INC.
                                                         38 West Santa Clara Street
17                                                       San Jose, California 95113-1806
                                                         Telephone Number: (408) 294-6100
18                                                       Facsimile Number: (408) 294-6190
19                                                       Email Address: fred.schwinn@sjconsumerlaw.com

20                                                       Attorneys for Defendant/Cross-Complainant
                                                         MARIA ANTONIA CANUL
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     MOTION TO CONDUCT DISCOVERY                                                     Case No. 16CV300096