Preview
RA-010
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER:
NAME: Glenn M. Kenna 305092
FIRM NAME: Curtis Legal Group, A Prof. Law Corp. Electronically Filed
STREET ADDRESS: P.O. Box 3030 / 1300 K St., Suite B Superior Court of California
CITY: Modesto STATE: CA ZIP CODE: 95353 County of San Joaquin
TELEPHONE NO.: (209) 521-1800 FAX NO.: (209) 572-3501 2022-03-03 09:37:51
EMAIL ADDRESS: GKenna@CurtisLegalGroup.com
Clerk: Irving Jimenez
ATTORNEY FOR (name): Plaintiffs Ada and Rebecca Gutierrez
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Joaquin
STREET ADDRESS: 180 E. Weber Avenue
MAILING ADDRESS:
CITY AND ZIP CODE: Stockton, CA 95201
BRANCH NAME:
PLAINTIFF/PETITIONER: Ada Dolores Gutierrez; Rebecca Lee Gutierrez
DEFENDANT/RESPONDENT: Jessica Reanne Martinez; Derek Anthony Martin
OTHER CASE NAME: Gutierrez v. Martinez
CASE NUMBER:
NOTICE OF REMOTE APPEARANCE
STK-CV-UAT-2021-0008524
You must use this form to tell the court you intend to appear remotely in a civil case, unless the court's website describes an
online process for giving notice. You may also use it to give the required notice to all other parties in the case. (Do not use
this form in a juvenile dependency proceeding.)
Check the court's website for information about how to appear remotely, including the departments and types of cases or
proceedings that allow remote appearances and ways to appear remotely in their departments for such appearances.
See page 3 of this form for more information, including deadlines for giving notice and for opposing a remote appearance if
this notice is for an evidentiary hearing or trial.
A person appearing remotely should conduct themselves as though appearing in court in person.
1. The person who intends to appear remotely is (check and complete all that apply):
Plaintiff/Petitioner (name):
X Attorney for Plaintiff/Petitioner (name): Glenn M. Kenna
Defendant/Respondent (name):
Attorney for Defendant/Respondent (name):
Other (name and role in case):
2. The person or persons in 1 intends to appear remotely (check one):
a. X Throughout the case.
b. At the proceeding described below, including on any later dates if the proceeding is continued (describe):
Type of proceeding:
Set on (date): at (time): in (department):
Before (name of judicial officer, if known):
3. The person intends to appear by (check court's website for method that may be used):
X Videoconference X Audio only (including telephone)
4. For evidentiary hearing or trial only (where testimony may be given): the party requests the following additional aspects of the
proceeding be conducted remotely (describe what the party wants to be done remotely and why; attach form MC-025 if more
space is needed):
Page 1 of 3
Form Adopted for Mandatory Use NOTICE OF REMOTE APPEARANCE Code of Civil Procedure, § 367.75;
Judicial Council of California Cal. Rules of Court, rule 3.672
RA-010 [New January 1, 2022] www.courts.ca.gov
GMK
RA-010
PLAINTIFF: Ada Dolores Gutierrez; Rebecca Lee Gutierrez CASE NUMBER:
DEFENDANT: Jessica Reanne Martinez; Derek Anthony Martinez ; STK-CV-UAT-2021-0008524
5.
X I agree to keep the proceeding confidential to the same extent as would be required if I were appearing in person.
Date: 3/3/2022
Glenn M. Kenna
(TYPE OR PRINT NAME) (SIGNATURE)
Notice to Other Parties
Anyone intending to appear remotely must provide notice to all other parties by the deadlines stated in Cal. Rules of Court,
rule 3.672, and described on the next page. Notice may be provided orally, electronically, or by giving the other parties this
form in a way to ensure it is received by the applicable deadline. The party must tell the court this was done either by filing a
proof of service (this may be done on forms POS-040 or POS-050 for electronic service) or by completing and signing the
declaration below.
Declaration of Notice
I gave notice that I intend to appear remotely to the other parties or persons entitled to receive notice in this case as stated below.
Complete one item below for each person notice was given to, and enter one of the following options for "Method of notice" in c.
Mail: By mailing them a copy of this form (write the mailing address in d.)
Overnight delivery: By having a copy of this form delivered overnight (write the delivery address in d.)
Electronic notice: By e-mail or text message (write the e-mail or phone number in d.)
Phone: By telling them over the telephone or leaving them voice mail (write the phone number in d.), or
In person: By giving them a copy of this form in person, or by telling them orally in person (write the address in d.)
1. Plaintiff/Petitioner 2. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
3. Defendant/Respondent 4. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
5. Other (specify): 6. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
7. Other (specify): 8. Other (specify):
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
If more people were given notice, check here, attach form MC-025, titled as Attachment Notice, and add the information about
how and when notice was given to each person.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 2 of 3
[page 3 need not be filed]
GMK
RA-010
Instructions for Giving Notice of Remote Appearance
(This page does not need to be filed.)
1. Court online procedures. Before using this form, check the court's website to see if that court has an online procedure for
providing notice to the court of your intent to appear remotely instead. You can find a link to the website for each court at:
https://www.courts.ca.gov/find-my-court.htm.
2. How to use this form. This form is intended for use in civil cases only (any cases not criminal or petitions for habeas corpus, other
than petitions under Welf. & Inst. Code, § 5000 et seq.), to provide written notice of intent to appear remotely, to a court and the
parties, as described in Code of Civil Procedure section 367.75. It is not needed in juvenile dependency hearings.
Check the court's website to determine how remote appearances work in that court before completing this form. If the court
does not have an online procedure for giving notice to the court of intent to appear remotely, complete and file this form to give the
court notice. If you intend to appear remotely throughout the case, you only need to file it once (check item 2a).
3. Notice to others. You may also use this form to show that you gave notice to other parties. You must give notice of your intent to
appear remotely to all parties and other persons who are entitled to notice of the proceeding. (If you checked item 2a, you only need to
give notice once. Otherwise, give notice to the court and others before each proceeding you intend to appear at remotely.) You can
describe how and when you gave notice in the Declaration of Notice on page 2, or by filing a proof of service with the court.
4. When to file and give notice to others.
California Rules of Court, rule 3.672(g) and (h) state the deadlines by which you have to give notice of intent to appear remotely to the
other parties and the court. (You can give notice earlier.) There are different deadlines:
For motions and proceedings in which people cannot testify
If a party gives or receives at least 3 court days' notice of the proceeding (including all regularly noticed motions):
At least 2 court days before the proceeding.
If a party gives or receives less than 3 court days' notice of the proceeding (including ex parte applications):
With the moving papers, if the notice to appear remotely is by the party that is asking for the hearing, or
By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party.
Note: If a party misses these deadlines, they may still ask the court for permission to appear remotely.
For trials, including small claims trials, and hearings in which people may testify (evidentiary hearings)
If a party gives or receives at least 15 court days' notice of a trial or hearing date, and for all small claims trials:
At least 10 court days before the trial or hearing date.
If a party gives or receives less than 15 days' notice of the trial or hearing (including hearings on protective orders):
With the moving papers or at least 5 court days before the hearing, if the notice to appear remotely is by the party that
is asking for the hearing; or
By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party.
Note: If a party misses these deadlines, they may still ask the court for permission to appear remotely.
5. Opposition to remote appearances at trial or evidentiary hearing. If a party or witness has given notice of intent to appear
remotely at a trial or evidentiary hearing (hearing at which people may testify), other parties in the action may oppose the remote
appearance by filing Opposition to Remote Proceeding at Evidentiary Hearing or Trial (form RA-015). The opposition must be served
on parties and other persons entitled to receive notice of the proceedings, by the deadlines summarized on that form. (Cal. Rules of
Court, rule 3.672(h)(3).)
6. In-person appearance. A court may require any person to appear in person instead of remotely. (Code Civ. Proc., § 367.75(b).)
7. Recordings. No person may record a proceeding without first getting approval from the judge. (Cal. Rules of Court, rule 1.150(c).)
8. Accommodations for disability. If a party needs an accommodation for a disability, use form MC-410, Disability Accommodations
Request, to tell the court about their needs. See form MC-410-INFO for more information.
9. Request for interpreter. If a party does do not speak English well, ask the court clerk as soon as possible for a court-provided
interpreter. Form INT-300, Request for an Interpreter, or a local court form may be used to request an interpreter. If no court interpreter
is available, it may be necessary to reschedule the hearing or trial.
RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 3 of 3
GMK
1 Gutierrez v. Martinez., et al.
Case No: CV-UTA-2021-0008524
2 PROOF OF SERVICE
3 The undersigned certifies and declares as follows: I am a resident of the State of California
and over the age of eighteen years, and not a party to the within action. My business address is
4 Curtis Legal Group, A Professional Law Corporation, 1300 K Street Suite B, Modesto, CA
5 95353. On the date set forth below, I served the following document(s):
• PLAINTIFF’S CASE MANAGEMENT STATEMENT
6 • NOTICE OF POSTING JURY FEES
7 • NOTICE OF REMOTE APPEARANCES
8 On the parties in said action addressed as follows:
Greg M. Doyle, Esq. Sumair S. Sandhu, Esq.
9 Deidre M. Siguenza, Esq. Eduardo A. Medina, Esq.
5145 Johnson Drive 2485 Natomas Park Drive, Suite 420
10 Pleasanton, CA 94588 Sacramento, CA 95833
gdoyle@tcdlegal.com ssandhu@sandhulg.com
11 rpullen@tcdlegal.com
emedina@sandhulg.com
fileclerk@tcdlegal.com
Attorney for Anayeli Gutierrez & Jorge Attorney for Jessica Martinez & Derek
12 Martinez
Quintero
13 S. David Rosenthal, Esq.
ROSENTHAL LAW
14 2251 Douglas Boulevard, Ste. 120
Roseville, CA 95661
15
dave@rosenthalinjurylaw.com
16 Attorney for Kristine McGraw
17 ☒ By transmitting the above listed documents to the email address(es) of the addressee(s)
designated above on this date before 5:00 p.m. pursuant to the signed stipulation of the
18 parties and consistent with Code of Civil Procedure section 1010.6(2)(A)(i).
19
☒ BY ELECTRONIC TRANSMISSION: Only by e-mailing the document(s) to the persons
20 at the e-mail address(es) listed based on notice provided on March 17, 2020 that, during the
Coronavirus (Covid-19) pandemic, this office will be working remotely, not able to send
21 physical mail as usual, and is therefore using only electronic mails. No electronic message
or other indication that the transmission was unsuccessful was received within a reasonable
22
23
I declare under penalty of perjury under the laws of the State of California that the
24 foregoing is true and correct. Executed on March 03, 2022 at Sacramento, California.
_______________________________
25
Angie Cha, Paralegal
26
27
28
1
PROOF OF SERVICE
Preview
RA-010 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER: NAME: Glenn M. Kenna 305092 FIRM NAME: Curtis Legal Group, A Prof. Law Corp. Electronically Filed STREET ADDRESS: P.O. Box 3030 / 1300 K St., Suite B Superior Court of California CITY: Modesto STATE: CA ZIP CODE: 95353 County of San Joaquin TELEPHONE NO.: (209) 521-1800 FAX NO.: (209) 572-3501 2022-03-03 09:37:51 EMAIL ADDRESS: GKenna@CurtisLegalGroup.com Clerk: Irving Jimenez ATTORNEY FOR (name): Plaintiffs Ada and Rebecca Gutierrez SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Joaquin STREET ADDRESS: 180 E. Weber Avenue MAILING ADDRESS: CITY AND ZIP CODE: Stockton, CA 95201 BRANCH NAME: PLAINTIFF/PETITIONER: Ada Dolores Gutierrez; Rebecca Lee Gutierrez DEFENDANT/RESPONDENT: Jessica Reanne Martinez; Derek Anthony Martin OTHER CASE NAME: Gutierrez v. Martinez CASE NUMBER: NOTICE OF REMOTE APPEARANCE STK-CV-UAT-2021-0008524 You must use this form to tell the court you intend to appear remotely in a civil case, unless the court's website describes an online process for giving notice. You may also use it to give the required notice to all other parties in the case. (Do not use this form in a juvenile dependency proceeding.) Check the court's website for information about how to appear remotely, including the departments and types of cases or proceedings that allow remote appearances and ways to appear remotely in their departments for such appearances. See page 3 of this form for more information, including deadlines for giving notice and for opposing a remote appearance if this notice is for an evidentiary hearing or trial. A person appearing remotely should conduct themselves as though appearing in court in person. 1. The person who intends to appear remotely is (check and complete all that apply): Plaintiff/Petitioner (name): X Attorney for Plaintiff/Petitioner (name): Glenn M. Kenna Defendant/Respondent (name): Attorney for Defendant/Respondent (name): Other (name and role in case): 2. The person or persons in 1 intends to appear remotely (check one): a. X Throughout the case. b. At the proceeding described below, including on any later dates if the proceeding is continued (describe): Type of proceeding: Set on (date): at (time): in (department): Before (name of judicial officer, if known): 3. The person intends to appear by (check court's website for method that may be used): X Videoconference X Audio only (including telephone) 4. For evidentiary hearing or trial only (where testimony may be given): the party requests the following additional aspects of the proceeding be conducted remotely (describe what the party wants to be done remotely and why; attach form MC-025 if more space is needed): Page 1 of 3 Form Adopted for Mandatory Use NOTICE OF REMOTE APPEARANCE Code of Civil Procedure, § 367.75; Judicial Council of California Cal. Rules of Court, rule 3.672 RA-010 [New January 1, 2022] www.courts.ca.gov GMK RA-010 PLAINTIFF: Ada Dolores Gutierrez; Rebecca Lee Gutierrez CASE NUMBER: DEFENDANT: Jessica Reanne Martinez; Derek Anthony Martinez ; STK-CV-UAT-2021-0008524 5. X I agree to keep the proceeding confidential to the same extent as would be required if I were appearing in person. Date: 3/3/2022 Glenn M. Kenna (TYPE OR PRINT NAME) (SIGNATURE) Notice to Other Parties Anyone intending to appear remotely must provide notice to all other parties by the deadlines stated in Cal. Rules of Court, rule 3.672, and described on the next page. Notice may be provided orally, electronically, or by giving the other parties this form in a way to ensure it is received by the applicable deadline. The party must tell the court this was done either by filing a proof of service (this may be done on forms POS-040 or POS-050 for electronic service) or by completing and signing the declaration below. Declaration of Notice I gave notice that I intend to appear remotely to the other parties or persons entitled to receive notice in this case as stated below. Complete one item below for each person notice was given to, and enter one of the following options for "Method of notice" in c. Mail: By mailing them a copy of this form (write the mailing address in d.) Overnight delivery: By having a copy of this form delivered overnight (write the delivery address in d.) Electronic notice: By e-mail or text message (write the e-mail or phone number in d.) Phone: By telling them over the telephone or leaving them voice mail (write the phone number in d.), or In person: By giving them a copy of this form in person, or by telling them orally in person (write the address in d.) 1. Plaintiff/Petitioner 2. Attorney for: a. Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number: 3. Defendant/Respondent 4. Attorney for: a. Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number: 5. Other (specify): 6. Attorney for: a. Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number: 7. Other (specify): 8. Other (specify): a. Name: a. Name: b. Date of notice: b. Date of notice: c. Method of notice: c. Method of notice: d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number: If more people were given notice, check here, attach form MC-025, titled as Attachment Notice, and add the information about how and when notice was given to each person. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE) RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 2 of 3 [page 3 need not be filed] GMK RA-010 Instructions for Giving Notice of Remote Appearance (This page does not need to be filed.) 1. Court online procedures. Before using this form, check the court's website to see if that court has an online procedure for providing notice to the court of your intent to appear remotely instead. You can find a link to the website for each court at: https://www.courts.ca.gov/find-my-court.htm. 2. How to use this form. This form is intended for use in civil cases only (any cases not criminal or petitions for habeas corpus, other than petitions under Welf. & Inst. Code, § 5000 et seq.), to provide written notice of intent to appear remotely, to a court and the parties, as described in Code of Civil Procedure section 367.75. It is not needed in juvenile dependency hearings. Check the court's website to determine how remote appearances work in that court before completing this form. If the court does not have an online procedure for giving notice to the court of intent to appear remotely, complete and file this form to give the court notice. If you intend to appear remotely throughout the case, you only need to file it once (check item 2a). 3. Notice to others. You may also use this form to show that you gave notice to other parties. You must give notice of your intent to appear remotely to all parties and other persons who are entitled to notice of the proceeding. (If you checked item 2a, you only need to give notice once. Otherwise, give notice to the court and others before each proceeding you intend to appear at remotely.) You can describe how and when you gave notice in the Declaration of Notice on page 2, or by filing a proof of service with the court. 4. When to file and give notice to others. California Rules of Court, rule 3.672(g) and (h) state the deadlines by which you have to give notice of intent to appear remotely to the other parties and the court. (You can give notice earlier.) There are different deadlines: For motions and proceedings in which people cannot testify If a party gives or receives at least 3 court days' notice of the proceeding (including all regularly noticed motions): At least 2 court days before the proceeding. If a party gives or receives less than 3 court days' notice of the proceeding (including ex parte applications): With the moving papers, if the notice to appear remotely is by the party that is asking for the hearing, or By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party. Note: If a party misses these deadlines, they may still ask the court for permission to appear remotely. For trials, including small claims trials, and hearings in which people may testify (evidentiary hearings) If a party gives or receives at least 15 court days' notice of a trial or hearing date, and for all small claims trials: At least 10 court days before the trial or hearing date. If a party gives or receives less than 15 days' notice of the trial or hearing (including hearings on protective orders): With the moving papers or at least 5 court days before the hearing, if the notice to appear remotely is by the party that is asking for the hearing; or By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party. Note: If a party misses these deadlines, they may still ask the court for permission to appear remotely. 5. Opposition to remote appearances at trial or evidentiary hearing. If a party or witness has given notice of intent to appear remotely at a trial or evidentiary hearing (hearing at which people may testify), other parties in the action may oppose the remote appearance by filing Opposition to Remote Proceeding at Evidentiary Hearing or Trial (form RA-015). The opposition must be served on parties and other persons entitled to receive notice of the proceedings, by the deadlines summarized on that form. (Cal. Rules of Court, rule 3.672(h)(3).) 6. In-person appearance. A court may require any person to appear in person instead of remotely. (Code Civ. Proc., § 367.75(b).) 7. Recordings. No person may record a proceeding without first getting approval from the judge. (Cal. Rules of Court, rule 1.150(c).) 8. Accommodations for disability. If a party needs an accommodation for a disability, use form MC-410, Disability Accommodations Request, to tell the court about their needs. See form MC-410-INFO for more information. 9. Request for interpreter. If a party does do not speak English well, ask the court clerk as soon as possible for a court-provided interpreter. Form INT-300, Request for an Interpreter, or a local court form may be used to request an interpreter. If no court interpreter is available, it may be necessary to reschedule the hearing or trial. RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 3 of 3 GMK 1 Gutierrez v. Martinez., et al. Case No: CV-UTA-2021-0008524 2 PROOF OF SERVICE 3 The undersigned certifies and declares as follows: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action. My business address is 4 Curtis Legal Group, A Professional Law Corporation, 1300 K Street Suite B, Modesto, CA 5 95353. On the date set forth below, I served the following document(s): • PLAINTIFF’S CASE MANAGEMENT STATEMENT 6 • NOTICE OF POSTING JURY FEES 7 • NOTICE OF REMOTE APPEARANCES 8 On the parties in said action addressed as follows: Greg M. Doyle, Esq. Sumair S. Sandhu, Esq. 9 Deidre M. Siguenza, Esq. Eduardo A. Medina, Esq. 5145 Johnson Drive 2485 Natomas Park Drive, Suite 420 10 Pleasanton, CA 94588 Sacramento, CA 95833 gdoyle@tcdlegal.com ssandhu@sandhulg.com 11 rpullen@tcdlegal.com emedina@sandhulg.com fileclerk@tcdlegal.com Attorney for Anayeli Gutierrez & Jorge Attorney for Jessica Martinez & Derek 12 Martinez Quintero 13 S. David Rosenthal, Esq. ROSENTHAL LAW 14 2251 Douglas Boulevard, Ste. 120 Roseville, CA 95661 15 dave@rosenthalinjurylaw.com 16 Attorney for Kristine McGraw 17 ☒ By transmitting the above listed documents to the email address(es) of the addressee(s) designated above on this date before 5:00 p.m. pursuant to the signed stipulation of the 18 parties and consistent with Code of Civil Procedure section 1010.6(2)(A)(i). 19 ☒ BY ELECTRONIC TRANSMISSION: Only by e-mailing the document(s) to the persons 20 at the e-mail address(es) listed based on notice provided on March 17, 2020 that, during the Coronavirus (Covid-19) pandemic, this office will be working remotely, not able to send 21 physical mail as usual, and is therefore using only electronic mails. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable 22 23 I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. Executed on March 03, 2022 at Sacramento, California. _______________________________ 25 Angie Cha, Paralegal 26 27 28 1 PROOF OF SERVICE