Motion,Ex Parte: Abel vs McCutchan, JR

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Edward McCutchan (SBN 119376)
SUNDERLAND | McCUTCHAN, LLP
1083 Vine Street, Suite 907
Healdsburg, California 95448
Telephone: (707) 433-0377

Facsimile: (707) 433-0379

Attorneys for Defendant
LENORA VERNE FUNG SUED AS DOE 9

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SONOMA

through 100, inclusive,

Defendants.

RICHARD ABEL, an individual, } CASE NO. SCV-263456
Plaintiff, ) DEFENDANT LENORA VERNE FUNG’S
) NOTICE OF MOTION TO DISMISS
) PLAINTIFF RICHARD ABEL’S FIRST
vs. ) AMENDED COMPLAINT (CCP

) SECTION 583.210 et seq.)

B. EDWARD McCUTCHAN, JR. an ) .

individual; SUNDERLAND | McCUTCHAN, } Hearing Date:

LLP, a general partnership; and DOES 1 J Dept: wv Pm.
} -
)

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on , 2022 at am.
in Department ___ of the Sonoma County Superior Court located at 3055 Cleveland Avenue,
Santa Rosa, California 95403, Defendant, LENORA VERNE FUNG sued herein as DOE 9
(hereinafter “Defendant), will have her motion to dismiss Richard Abel’s First Amended
Complaint against her dismissed under CCP § 583.210 et seq., Weatherby v. Van Diest (1991)
233 Cal. App. 3d 506 and case law.

This action was filed on November 2, 2018. Defendant, Lenora Verne Fung, was named
as DOE 9 on December 9, 2021 which is 1133 days from the November 2, 2018 filing of this

action which equates to three (3) years, 1 month and 7 days from the initial filing of this case

 

 

 

DEFENDANT LENORA VERNE FUNG’S NOTICE OF MOTION TO DISMISS PLAINTIFF RICHARD ABEL’S
FIRST AMENDED COMPLAINT AGAINST HIM (CCP SECTION 583.210 et. seq.)
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and the December 9, 2021 DOE 8 naming of Bill Hing.

Defendant Lenora Verne Fung was served with the Summons and First Amended
Complaint in this action on or about February 24, 2022 as DOE 9, well more than three (3)
years after this action was filed in violation of CCP section 583.210 et. seq. and case law
(specifically, 1,211 days which equates to 3 years, 3 months, and 22 days). Abel, per the court’s
docket in this action, has yet to file any issued returned summons with the Sonoma County
Superior Court Clerk.

This motion is based upon this notice of motion, the memorandum of points and
authorities in support thereof, the accompanying request for judicial notice, the accompanying

declaration of Lenora Verne Fung, the court’s file, and oral argument.

Date: MarchZ-7- , 2022 SUNDERLAND | Med

    

Edward McCutchan _
Attorneys for Deferidant
LENORA VERNE FUNG SUED AS DOE 9

 

 

 

DEFENDANT LENORA VERNE FUNG’S NOTICE OF MOTION TO DISMISS PLAINTIFF RICHARD ABEL’S
FIRST AMENDED COMPLAINT AGAINST HIM (CCP SECTION 583.210 et. seq.)
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PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF SONOMA

I am employed in the County of Sonoma, State of California. 1 am over the age of 18 and

not a party to the within action; my present address is: 1083 Vine Street, Suite 907, Healdsburg.
California 95448.

On March 20m, I served the foregoing documents described as DEFENDANT|

LENORA VERNE FUNG’S NOTICE OF MOTION TO DISMISS PLAINTIFH

RICHARD ABEL’S FIRST AMENDED COMPLAINT (CCP SECTION 583.210 et seq.

on the parties by placing a true copy thereof enclosed in a sealed envelope addressed as follows:

SEE ATTACHED SERVICE LIST

_X___By Regular U.S. Mail. The documents were placed for collection and mailing following|
ordinary business practice for deposit in the United States Postal Service in a sealed envelope with
postage thereon fully prepaid, addressed as stated above.

By personal service. I caused each such envelope to be delivered by hand to the
addressee(s) as stated above.

By facsimile transmitted from (707) 433-0379. The document transmission was reported as
complete and without error.
_X___ By email or electronic transmission. I caused the document to be oe to the persons at the
email addresses listed below. I did not receive within a reasonable time after the transmission any

electronic message or other indication that the transmission was unsuccessful.

I declare under penalty of perjury under the laws of the State of California that the foregoing|
is true and correct and that this declaration was executed on March Z #, 2022, at Healdsburg.

California.

 

 

 

 

DEFENDANT LENORA VERNE FUNG’S NOTICE OF MOTION TO DISMISS PLAINTIFF RICHARD ABEL’S
FIRST AMENDED COMPLAINT AGAINST HIM (CCP SECTION 583.210 et. seq.)
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Abel v. McCutchan, et al.
Sonoma County Superior Court Case No. SCV-263456

 

Plaintiff in Pro Per: Richard Abel BY FIRST CLASS MAIL - ONLY

Richard Abel
707 Hahman Drive, #9301
Santa Rosa, CA 95405-9301

Tel: (707) 340-3894
E-Mail: pererel@gmail.com

Attorneys for Defendants: Sunderland | McCutchan, Inc.; Sunderland | McCutchan, LLP; B.
Edward McCutchan, Jr.

Joseph S. Picchi, Esq. BY EMAIL - ONLY
Aaron T. Schultz, Esq.

Galloway, Lucchese Everson & Picchi

A Professional Corporation

2300 Contra Costa Blvd., Suite 350

Pleasant Hill, CA 94523-2398

Tel. No. (925) 930-9090
Fax No. (925) 930-9035

E-Mail: aschultz@glattys.com

 

 

 

DEFENDANT LENORA VERNE FUNG’S NOTICE OF MOTION TO DISMISS PLAINTIFF RICHARD ABEL’S
FIRST AMENDED COMPLAINT AGAINST HIM (CCP SECTION 583.210 et. seq.)
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