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MANA TET
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet Sep-12-2012 3:36 pm
Case Number: CGC-11-513259 Filing Date: Sep-12-2012 3:33 Filed by. CAROL BALISTRERI Juke Box: 001 Image: 03760812 MOTION (CIVIL GENERIC)
SYDNEY GUREWITZ CLEMENS VS. CONNOR COCHRAN et al
001003760812
Instructions:
Please place this sheet on top of the document to be scanned.
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DAVID STEPHEN ZALOB #064821
Attorney at Law A One Embarcadero Center, Suite 750 F I D San Francisco, California 94111 Superior Court of
inty of San Franliomie
Telephone: (415) 788-2465
Attorney for Plaintiff Sydney Gurewitz Clemens
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
And related cross-action,
) CASE NO. CGC 11-513259
Sydney Gurewitz CLEMENS, ) ) Plaintiff, ) PLAINTIFF GUREWITZ CLEMENS’ ) NOTICE OF MOTION AND MOTION TO VS. ) STIKE REQUEST FOR TRIAL DE NOVO ) OF DEFENDANT CONLAN PRESS, INC.
CONLAN PRESS, Inc., et al. ) ) Hearing: October 12, 2012 Defendants. ) Dept. Department 302
Assd: Honorable Harold E. Kahn
TO DEFENDANT CONLAN PRESS, INC. AND TO ITS ATTORNEY OF RECORD:
NOTICE IS HEREBY GIVEN that on October 12, 2012 at 9:30 A.M., or as soon after as the matter may be heard, in Department 302 of the San Francisco Superior Court, at 400 McAllister Street, San Francisco, California, 94102, that Plaintiff Sydney Gurewitz Clemens will and hereby does, move pursuant to the Code of Civil Procedure Sections 435 and 436 for an order striking the Request for Trial De Novo After Judicial Arbitration of Conlan Press, Inc., a California corporation.
The motion will be made on the grounds that Conlan Press, Inc. is suspended and
-|- PLAINTIFF CLEMENS’ MOTION AND NOTICE OF MOTION TO STRIKE
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therefore lacks capacity to sue. CCP § 430.10(b). Suspension of corporate powers results in a lack of capacity to sue. Color-Vue, inc. v. Abrams (1996) 44 Cal. App.4th 1599, 1603-1604.
The motion will be based on this notice of motion, on the Declaration of David Stephen Zalob, and the supporting memorandum served and filed herewith, on the records and the file
herein, and on such evidence as may be presented at the hearing of the motion.
DATED: September 12, 2012
Jp, J fuer
DAVID STEPHEN ZA¢_OB
Attorney for Plaintiff, Sydney Gurewitz Clemens
-2- PLAINTIFF CLEMENS’ MOTION AND NOTICE OF MOTION TO STRIKE
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POS-030
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY David Stephen Zalob (SBN 064821) Attorney at Law One Embarcadero Center Suite 750 San Francisco, CA 94111 TELEPHONENO.:: (415) 788-2465 — FAXNO. (Optional: (415) 989-6773 E-MAIL ADDRESS (Optiona): AZlLaw77@aol.com ATTORNEY FOR (Name). Plaintiff Sydney Gurewitz Clemens SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco stTREeTADDREss: 400 McAllister MAILING ADDRESs: 400 McAllister cityanozipcooe: San Francisco, CA 94102 BRANCH NAME: Civil-UnLimited PETITIONER/PLAINTIFF: Sydney Gurewitz Clemens
RESPONDENT/DEFENDANT: Connor Cochran; Conlan Press, Inc.
CASE NUMBER:
PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL Cac 11 513259
(Do not use this Proof of Service to show service of a Summons and Complaint.)
1. lam over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing took place.
2. My residence or business address is. One Embarcadero Center, Ste. 750, S.F. CA 94111
3. On (date): 09/12/2012 | mailed from (city and stafe)‘San Francisco, CA the following documents (specify): Plaintiff Gurewitz Clemens' Notice of Motion and Motion to Strike Request for Trial De Novo of Defendant Conlan Press, Inc., Memorandum of Pts. Authorities in Support; Declaration of David Stephen Zalob in Support.
|__| The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served) (form POS-030(D)).
4. served the documents by enclosing them in an envelope and (check one):
a. L_| depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b, Lx | placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid.
5. The envelope was addressed and mailed as follows:
a. Name of person served: Nancy Lofdahl b. Address of person served: 870 Market Street, Suite 1112 San Francisco, CA 94102 [__] The name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail—Civil (Persons Served) (POS-030(P)).
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 9/12/2012 /, J David S. Zalob > OAsAA (_. - [ete (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSONPOMPLETING THIS FORM) FOr ae et palfernia. PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL aq] 00%? of Civil Procedure, §§ 1013. 10132 POS-030 (New January 1, 2005] (Proof of Service) Sout ons Us
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DAVID STEPHEN ZALOB #064821
Attorney at Law
One Embarcadero Center, Suite 750 San Francisco, California 94111 Telephone: (415) 788-2465
Attorney for Plaintiff Sydney Gurewitz Clemens
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
) CASE NO. CGC 11-513259
Sydney Gurewitz CLEMENS, ) ) Plaintiff, ) PLAINTIFF GUREWITZ CLEMENS’ ) MEMORANDUM OF POINTS AND Vs. ) AUTHORITIES IN SUPPORT OF MOTION ) MOTION TO STRIKE REQUEST FOR CONLAN PRESS, Inc., et al. ) TRIAL DE NOVO OF DEFENDANT ) CONLAN PRESS, INC.
Defendants. ) ) Hearing: October 12, 2012 ) Dept. Department 302 and related cross-action. ) Assd: Honorable Harold E. Kahn ) )
Plaintiff Sydney Gurewitz Clemens (““Gurewitz Clemens”) moves to strike the Request for Trial De Novo of Defendant Conlan Press, Inc., a California corporation (“Conlan”).
Conlan filed and served its Request for Trial De Novo on or about September 6, 2012. (Decl. of David Stephen Zalob in Support of Motion to Strike, Exhibit 1 [Request for Trial de Novo and Proof of Service].
Plaintiff requests that the Court take notice pursuant to Evidence Code Section 452(c)
that the status of Conlan has been suspended by the California Secretary of State. (Decl. of David
-l-
PLAINTIFF CLEMENS’ MPA SUPPORTING MOTION TO STRIKE
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2
Stephen Zalob in Support of Motion to Strike, Exhibit 2 [Business Entity Detail dated September 7, 2012] ).
Suspension of corporate powers results in a lack of capacity to sue. Color-Vue Inc v. Abrams (1996) 44 Cal. App.4th 1599, 1603-1604. As a suspended corporation, Conlan lacks the legal capacity to sue. CCP § 430.10(b). Because the Request for Trial de Novo was filed at a time
when Conlan was suspended, Gurewitz Clemens’ motion to strike should be sustained.
Ue fee
DATED: September 12, 2012
DAVID STEPHEN ZLOB
Attorney for Plaintiff, Sydney Gurewitz Clemens
-2- PLAINTIFF CLEMENS’ MPA SUPPORTING MOTION TO STRIKE
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&
SN SN
1]
DAVID STEPHEN ZALOB #0648721
Attorney at Law
One Embarcadero Center, Suite 750 San Francisco, California 94111 Telephone: (415) 788-2465
Attorney for Plaintiff Sydney Gurewitz Clemens
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
) CASE NO. CGC 11-513259
Sydney Gurewitz CLEMENS, ) ) Plaintiff, ) DECLARATION OF DAVID STEPHEN ) ZALOB IN SUPPORT OF MOTION TO vs. ) STRIKE REQUEST FOR TRIAL DE NOVO ) OF DEFENDANT CONLAN PRESS, INC.
CONLAN PRESS, Inc., et al. ) ) Hearing: October 12, 2012 Defendants. ) Dept. Department 302 ) Assd: Honorable Harold E. Kahn ) and related cross-action. ) ) ) I, David Stephen Zalob declare:
1. lam an attorney at law, licensed to practice before all courts of the State of California. Iam attorney of record for Plaintiff Sydney Gurewitz Clemens. The facts stated in this Declaration are true by my own personal knowledge. If called as a witness, I could and would testify to the following.
2. Attached to this Declaration as Exhibit 1 is a true and correct copy of the Request for
Trial De Novo After Judicial Arbitration dated September 6, 2012 and received by our office on
-1- DECLARATION OF DAVID STEPHEN ZALOB SUPPORTING MOTION TO STRIKE
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September 7, 2012.
3. Attached to this Declaration as Exhibit 2 and current as of September 7, 2012, is a true and correct copy of the Business Entity Detail of Conlan Press, Inc. [By: Secretary of State Debra Bowen].
4. I shall file an Amended Declaraion with a supplemental exhibit, being a certified copy of the Certificate of Status, by Secretary of State Debra Bowen, as and when available.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed this 12" day of September, 2012, at San Francisco, CA.
Whee) Lu
DAVID tla Attorney at Law
-2- DECLARATION OF DAVID STEPHEN ZALOB SUPPORTING MOTION TO STRIKE
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EXH
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ADR-102
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): 4 82 047 FOR COURT USE ONLY | Nancy E. Lofdaht Attorney at Law 870 Market Street #1112 San Francisco, CA 94102 TELEPHONE NO: 415-314-7088 FAX NO. (Optional): 445-421-2858 E-MAIL ADDRESS (Optionay: Nancylofdahl@vyahoo.com ATTORNEY FOR (Name): Conlan Press, Inc.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aooress: 400 McAllister Street MAILING ADDRESS:
city ann zip cove: San Francisco, CA 94102 BRANCH NAME:
PLAINTIFF/PETITIONER:
Sydney Gurewitz Clemens DEFENDANT/RESPONDENT:
Connor Cochran, Conlan Press, Inc.
CASE NUMBER:
REQUEST FOR TRIAL DE NOVO AFTER JUDICIAL ARBITRATION CGC 11-513259
NOTE:
If you do not want the arbitrator’s award to become the judgment in the case, you must file either a request for a trial de novo or a request for dismissal within 60 days after the arbitration award is filed with the clerk. If you do not request a trial de novo or dismissal by this deadline, the arbitrator's award will be final and it will be entered as the judgment in the case. The 60-day period cannot be extended (California Rules of Court, rule 3.826).
Copies of the request for a trial de novo must be served on all parties and the request and a proof of service |_must be filed with the clerk.
[—] Plaintiff Defendant [__] Other (specify):
(name); Conlan Press, Inc.
requests trial de novo in this action, under Code of Civil Procedure, section 1141.20 and rule 3.826 of the California Rules of Court. Date: 09/06/12 LL J ? ih J) Nancy E. Lofdahl i. oy (TYPE OR PRINT NAME) i/ (SIGNATURE OF PARTY OR ATTORNEY) Page 1 of 2 Form Approved for Optional Use REQUEST FOR TRIAL DE NOVO AFTER JUDICIAL ARBITRATION Code of Civil Procedure, §. 1141.20, Judicial Council of California - . . Cal. Rules of Court, Rule 3.826 ADR-102 [Rev. January 1, 2012] (Alternative Dispute Resolution) www, courts.ca.gav
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ADR-102
| SHORT TITLE: CASE NUMBER:
Clemens v. Cochran CGC 11-513259
PROOF OF SERVICE
Mail | _] Personal Service
1. Atthe time of service | was at least 18 years of age and not a party to this legal action.
2. My residence or business address is (specify):
870 Market Street #1112 San Francisco, CA 94102
3. 1 mailed or personally delivered a copy of the Request for Trial De Novo After Judicial Arbitration as follows (complete either a or b): a. Mail. | am a resident of or employed in the county where the mailing occurred.
(1) lenclosed a copy in an envelope and ,
(a) deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(b) C4 placed the envelope for collection and mailing on the date and at the place shown in items below, following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary court of business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
(a) Name of person served: David Stephen Zalob
(b) Address on envelope: Qn6 Embarcadero Ctr.# 750,San Francisco,CA 94111
(c) Date of mailing: 99/06/12?
(d) Place of mailing (city and state): San Francisco , CA b. L__] Personal delivery. | personally delivered a copy as foliows:
(1) Name of person served:
(2) Address where delivered:
(3) Date delivered:
(4) Time delivered:
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 09/06/12 =< of fo f 4 Ld. LA Nancy E. Lofdahi a (TYPE OR PRINT NAME) LY {SIGNATURE OF DECLARANT) ADR-102 (Rev. January 120121 REQUEST FOR TRIAL DE NOVO AFTER JUDICIAL ARBITRATION Page 2 of 2 (Alternative Dispute Resolution)
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Ex C
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