Preview
EFS-020
ATTORNEY OR PARTY WITHOUT ATTORNEY: state BARNO.: 311220 FOR COURT USE ONLY
NAME: Justin Penn (SBN 302350)/Michael Mauceri (SBN 311220)
Firm name: HINSHAW & CULBERSTON, LLP E-RECEIVED
street appress: 350 South Grand Avenue, Suite 3600 by Superior Court of CA,
city: Los Angeles state: CA ZIP CODE: 90071 County of Santa Clara,
TELEPHONE No: 310-909-8000 Faxno: 310-909-8001 on 1/5/2022 9:19 AM
E-MAIL appress: |penn@hinshawlaw.com; mmauceri@hinshawlaw.com Reviewed By: R. Walker
Plaintiff and Cross-Defendant Case #16CV300096
Velocity Investments, LLC and Cross-Defendant Velocity Envelope: 7984978
ATTORNEY FOR (name): Portfolio Group, Inc.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
street appress: 191 North First Street
MAILING ADDRess: S/@
cry ano zip cove: San Jose, CA 95113
BRANCH NAME: Downtown Superior Court ‘CASE NUMBER:
PLAINTIFF/PETITIONER: VELOCITY INVESTMENTS, LLC
16CV300096
DEFENDANT/RESPONDENT: MARIA CANUL
JUDICIAL OFFICER:
Patricia M. Lucas
OTHER: Cross-Action
DEPT:
PROPOSED ORDER (COVER SHEET) 03
NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent
electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed
order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed
order in PDF format are filed.
1 Name of the party submitting the proposed order:
Plaintiff and Cross-Defendant
Velocity Investments, LLC and Cross-Defendant Velocity Portfolio Group, Inc.
2. Title of the proposed order:
[PROPOSED] ORDER GRANTING SPECIAL MOTION TO STRIKE FIRST AMENDED CLASS ACTION CROSS-
COMPLAINT
3. The proceeding to which the proposed order relates is:
VELOCITY PORTFOLIO GROUP, INC.’S NOTICE OF MOTION AND SPECIAL MOTION TO STRIKE FIRST AMENDED
CROSS-COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL MAUCERI
a. Description of proceeding: ANTI-SLAPP MOTION
b. Date and time: TBD
c. Place: DEPT. 3
4. The proposed order was served on the other parties in the case.
Michael Mauceri > /s/ Michael Mauceri
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Page 1 of 2
Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal. Rules of Court,
Judicial Council of Califomia rules 2.252, 3.1312
EFS.020 [Rev. February 1, 2017] (Electronic Filing) wwnw.courts.ca.gov
American LegalNe
a
EFS-020
CASE NAME: CASE NUMBER:
Velocity Investments, LLC vs. Maria Canul, et al. and X-Action 16CV300096
PROOF OF ELECTRONIC SERVICE
PROPOSED ORDER
1. | am at least 18 years old and not a party to this action.
Robin Mojica
a. My residence or business address is (specify):
350 South Grand Avenue, Suite 3600, Los Angeles, CA 90071
b. My electronic service address is (specify):
rmojica@hinshawlaw.com
2. | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in
an editable word-processing format as follows:
a. On (name of person served) (if the person served is an attorney, the party or parties represented should also be stated.):
Fred W. Schwinn (SBN 225575)
Raeon R. Roulston (SBN 255622)
Matthew C. Salmonsen (SBN 302854)
CONSUMER LAW CENTER, INC.
1435 Koll Circle, Suite 104
San Jose, California 95112-4610
Telephone Number: (408) 294-6100
Facsimile Number: (408) 294-6190
Email Address: fred.schwinn@sjconsumerlaw.com
b. To (electronic service address of person served):
c. On (date):
January 4, 2022
KlElectronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the
proposed order in an editable word-processing format on additional persons are described in an attachment.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
January 4, 2022
Robin Mojica > ice) BTL a.
(TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
EFS-020 [Rev. February 1, 2077] PROPOSED ORDER (COVER SHEET) Page 20f2
(Electronic Filing)
American alN
www.Fo
Envelope #7984978
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
10
VELOCITY INVESTMENTS, LLC, Case No.: 16CV300096
11
Plaintiff, [PROPOSED] ORDER GRANTING
12 SPECIAL MOTION TO STRIKE FIRST
AMENDED CLASS ACTION CROSS-
13 VS.
COMPLAINT
14 MARIA CANUL,
[Filed Concurrently with Special Motion to
Defendant. Strike, the Declaration of Matthew DiPoalo,
15 and Request for Judicial Notice]
16
MARIA ANTONIA CANUL, Date: March 16, 2022 at 1:30pm
17 Time:
Cross-Complainant, Dept.: 3
18
VS.
19
VELOCITY INVESTMENTS, LLC, a New
20 Jersey limited liability company; VELOCITY
PORTFOLIO GROUP, INC., a Delaware
21 corporation; and ROES 2 through 10, inclusive,
Complaint Filed: September 20, 2016
22 Cross-Defendants.
23
24
25
26
27
28
1
HINSHAW & CULBERTSON UL? [PROPOSED] ORDER
380 South Grand Ave., Suite 3600
Los Angeles, CA 96071-3402 1045141\309833015.v1
2 0
Cross-Defendant VELOCITY PORTFOLIO GROUP, INC.’s (“VPGI”) Special Motion to
Strike (“Special Motion to Strike”) Defendant and Cross-Complainant MARIA CANUL’s
(“Canul’”) First Amended Class Action Cross-Complaint came on regularly for hearing on
at 1:30 p.m. in Department 3 of the above-entitled court. Appearances of counsel are reflected in
the record.
After full consideration of the evidence, the authorities submitted by counsel, all pleadings
and records on file with the court, and counsels’ oral argument,
IT IS ORDERED AND ADJUDGED as follows:
1 VPGI’s Special Motion to Strike is GRANTED in its entirety;
10 2 VPGI is dismissed from this action.
11
12 IT IS SO ORDERED.
13
14 DATED: , 2022
15 JUDGE OF THE SUPERIOR COURT
16
17
18
19
20
21
22
23
24
25
26
27
28
2
HINSHAW & CULBERTSON UL? [PROPOSED] ORDER
380 South Grand Ave., Suite 3600
Los Angeles, CA 96071-3402 1045141\309833015.v1
2 0
Preview
EFS-020 ATTORNEY OR PARTY WITHOUT ATTORNEY: state BARNO.: 311220 FOR COURT USE ONLY NAME: Justin Penn (SBN 302350)/Michael Mauceri (SBN 311220) Firm name: HINSHAW & CULBERSTON, LLP E-RECEIVED street appress: 350 South Grand Avenue, Suite 3600 by Superior Court of CA, city: Los Angeles state: CA ZIP CODE: 90071 County of Santa Clara, TELEPHONE No: 310-909-8000 Faxno: 310-909-8001 on 1/5/2022 9:19 AM E-MAIL appress: |penn@hinshawlaw.com; mmauceri@hinshawlaw.com Reviewed By: R. Walker Plaintiff and Cross-Defendant Case #16CV300096 Velocity Investments, LLC and Cross-Defendant Velocity Envelope: 7984978 ATTORNEY FOR (name): Portfolio Group, Inc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara street appress: 191 North First Street MAILING ADDRess: S/@ cry ano zip cove: San Jose, CA 95113 BRANCH NAME: Downtown Superior Court ‘CASE NUMBER: PLAINTIFF/PETITIONER: VELOCITY INVESTMENTS, LLC 16CV300096 DEFENDANT/RESPONDENT: MARIA CANUL JUDICIAL OFFICER: Patricia M. Lucas OTHER: Cross-Action DEPT: PROPOSED ORDER (COVER SHEET) 03 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1 Name of the party submitting the proposed order: Plaintiff and Cross-Defendant Velocity Investments, LLC and Cross-Defendant Velocity Portfolio Group, Inc. 2. Title of the proposed order: [PROPOSED] ORDER GRANTING SPECIAL MOTION TO STRIKE FIRST AMENDED CLASS ACTION CROSS- COMPLAINT 3. The proceeding to which the proposed order relates is: VELOCITY PORTFOLIO GROUP, INC.’S NOTICE OF MOTION AND SPECIAL MOTION TO STRIKE FIRST AMENDED CROSS-COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MICHAEL MAUCERI a. Description of proceeding: ANTI-SLAPP MOTION b. Date and time: TBD c. Place: DEPT. 3 4. The proposed order was served on the other parties in the case. Michael Mauceri > /s/ Michael Mauceri (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Page 1 of 2 Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal. Rules of Court, Judicial Council of Califomia rules 2.252, 3.1312 EFS.020 [Rev. February 1, 2017] (Electronic Filing) wwnw.courts.ca.gov American LegalNe a EFS-020 CASE NAME: CASE NUMBER: Velocity Investments, LLC vs. Maria Canul, et al. and X-Action 16CV300096 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. | am at least 18 years old and not a party to this action. Robin Mojica a. My residence or business address is (specify): 350 South Grand Avenue, Suite 3600, Los Angeles, CA 90071 b. My electronic service address is (specify): rmojica@hinshawlaw.com 2. | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name of person served) (if the person served is an attorney, the party or parties represented should also be stated.): Fred W. Schwinn (SBN 225575) Raeon R. Roulston (SBN 255622) Matthew C. Salmonsen (SBN 302854) CONSUMER LAW CENTER, INC. 1435 Koll Circle, Suite 104 San Jose, California 95112-4610 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com b. To (electronic service address of person served): c. On (date): January 4, 2022 KlElectronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: January 4, 2022 Robin Mojica > ice) BTL a. (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) EFS-020 [Rev. February 1, 2077] PROPOSED ORDER (COVER SHEET) Page 20f2 (Electronic Filing) American alN www.Fo Envelope #7984978 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 10 VELOCITY INVESTMENTS, LLC, Case No.: 16CV300096 11 Plaintiff, [PROPOSED] ORDER GRANTING 12 SPECIAL MOTION TO STRIKE FIRST AMENDED CLASS ACTION CROSS- 13 VS. COMPLAINT 14 MARIA CANUL, [Filed Concurrently with Special Motion to Defendant. Strike, the Declaration of Matthew DiPoalo, 15 and Request for Judicial Notice] 16 MARIA ANTONIA CANUL, Date: March 16, 2022 at 1:30pm 17 Time: Cross-Complainant, Dept.: 3 18 VS. 19 VELOCITY INVESTMENTS, LLC, a New 20 Jersey limited liability company; VELOCITY PORTFOLIO GROUP, INC., a Delaware 21 corporation; and ROES 2 through 10, inclusive, Complaint Filed: September 20, 2016 22 Cross-Defendants. 23 24 25 26 27 28 1 HINSHAW & CULBERTSON UL? [PROPOSED] ORDER 380 South Grand Ave., Suite 3600 Los Angeles, CA 96071-3402 1045141\309833015.v1 2 0 Cross-Defendant VELOCITY PORTFOLIO GROUP, INC.’s (“VPGI”) Special Motion to Strike (“Special Motion to Strike”) Defendant and Cross-Complainant MARIA CANUL’s (“Canul’”) First Amended Class Action Cross-Complaint came on regularly for hearing on at 1:30 p.m. in Department 3 of the above-entitled court. Appearances of counsel are reflected in the record. After full consideration of the evidence, the authorities submitted by counsel, all pleadings and records on file with the court, and counsels’ oral argument, IT IS ORDERED AND ADJUDGED as follows: 1 VPGI’s Special Motion to Strike is GRANTED in its entirety; 10 2 VPGI is dismissed from this action. 11 12 IT IS SO ORDERED. 13 14 DATED: , 2022 15 JUDGE OF THE SUPERIOR COURT 16 17 18 19 20 21 22 23 24 25 26 27 28 2 HINSHAW & CULBERTSON UL? [PROPOSED] ORDER 380 South Grand Ave., Suite 3600 Los Angeles, CA 96071-3402 1045141\309833015.v1 2 0