notice of entry of order 15cv000014 4-13-16

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  • 8/17/2019 Notice of Entry of Order 15CV000014 4-13-16

    1/5

    DONALD FREEMAN SBN 47833

    City Attorney

    2 City of Carmel-By-The-Sea

    P.O.

    Box

    805

    3 Carmel, CA 93921-0805

    (831) 649-5339, Ext.

    4 Facsimile: (831) 373-1634

    5 Vincent

    P

    Hurley 111215

    Rachel Ostrander 291890

    6

    LAW

    OFFICES

    OF

    VINCENT P . HURLEY

    A Professional Corporation

    7 28 Seascape Village

    Aptos,

    CA

    95003

    8 Telephone: (831) 661-4800

    Facsimile: (831) 661-4804

    Attorney for Plaintiff

    1 CITY OF CARMEL-BY-THE-SEA

    11

    12

    SUPERIOR COURT

    OF THE

    STATE OF CALIFORNIA

    COUNTY

    OF

    MONTEREY

    13

    4

    CITY

    OF

    CARMEL-BY-THE-SEA, )

    CALIFORNIA, a municipal corporation, )

    15

    )

    Plaintiff, )

    16 )

    vs

    . )

    17 )

    PACIFIC HARVEST SEAFOODS, )

    18

    INC., and

    DOES

    1 through 20, )

    19 Defendants. )

    __

    20

    Case No. 15CV000014

    NOTICE

    OF

    ENTRY OF

    ORDER TO

    CHANGE VENUE TO

    THE

    SUPERIOR

    COURT OF CALIFORNIA

    IN THE

    COUNTY OF SANTA CLARA

    PERSUANT TO C.C.P

    §

    394

    21

    TO

    ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

    22

    NOTICE

    IS HEREBY GIVEN that

    on April8

    2016,

    an

    order

    on

    the above captioned

    23 matter

    was

    entered. A true and correct copy

    of

    he filed order is attached hereto

    as

    Exhibit A

    24 Dated:

    April13

    2016

    25

    26

    27

    28

    NOE

    of

    Order Changing Venue

    LAW

    OFFICES

    OF

    VINCENT P. HURLEY

    ACHEL OSTRANDER

    Attorneys for Plaintiff CITY OF CARMEL-BY

    THE-SEA

    Case No. l5CVOOOOI4

  • 8/17/2019 Notice of Entry of Order 15CV000014 4-13-16

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    EXHIBIT

  • 8/17/2019 Notice of Entry of Order 15CV000014 4-13-16

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    1 DONALD

    FREEMAN

    SBN 47833

    City Attorney

    2 City ofCarmel-By-The-Sea

    P.O. Box805

    3 Cannel, CA 93921-0805

    (831) 649-5339, Ext.

    11

    4

    Facsimile: (831) 373-1634

    5 Vincent P. Hurley 111215

    ~ h c l 0 s ~ r 2 9 1 8 9 0

    PR

    0 3 6

    6

    LAW

    OFFICES

    OF

    VINCENT

    P.

    HURLEY

    A Professional Corporation

    7

    28 Seascape Village

    Aptos,

    CA

    95003

    8 Telephone: (831) 661-4800

    Facsimile: (831) 661-4804

    9

    Attorney for Plaintiff

    10

    CITY OF

    CARMEL-BY-THE-SEA

    12

    13

    SUPERIOR COURT OF THE

    STATE OF

    CALIFORNIA

    COUNTY OF

    MONTEREY

    14

    CITY OF

    CARMEL-BY-THE-SEA, . )

    CALIFORNIA, a municipal corporation, )

    5

    16

    Plaintiff, _ )

    vs.

    17

    PACIFIC HARVEST SEAFOODS,

    18 INC., and b.OES 1

    through20

    )

    )

    9

    Defendants.

    20

    Case

    No.

    15CV000014

    [PROPOSED] ORDER TO CHANGE

    VENUE TO

    THE

    SUPERIOR COURT

    OF CALIFORNIA IN

    1HE

    COUNTY

    OF SANTA CLARAPERSUANT TO

    C.C.P.

    §

    394

    [Cal.

    Code

    Civ. Proc. § 394]

    21 UPON

    THE

    STIPULATION of he parties,

    IT

    IS HEREBY ORDERED that, regarding

    22 the matter ofCity of Carmel-by-the-Sea versus Pacific Harvest Seafoods, Inc., venue shall be

    23

    transferred to

    the

    Superior Court

    of

    California

    in

    the

    County

    of

    Santa Clara Superior Court

    as

    24 prescribed

    by the

    California

    Code of

    Civil Procedure section 394.

    25

    26

    27

    28

    Dated:

    AM

    -·-8 ~

      . . .

    [PROPOSED]

    Order on Stipulation

    to

    Change

    Venue

    _

    _ _ _ _ T

    H O M S ~ U Y U l

    S

    -

    Judge of he Su )e.:.-ior Court

    1

    Case No. 1SCV000014

  • 8/17/2019 Notice of Entry of Order 15CV000014 4-13-16

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    CASE NAME: City ofCannel:.by-the-Sea vs. Pacific Harvest Seafoods, Inc.

    Monterey County Superior Court Case No. 1SCV000014

    PROOF

    OF

    SERVICE

    2 I, Erik Peabody, declare

    as

    follows: I

    am

    employed

    in

    the County

    of

    Santa Cruz, State

    o

    3 . California. I

    am

    over the age of eighteen years and not a

    party

    to

    the

    within action.

    My

    busines

    4

    address

    is 28

    Seascape Village, Aptos, California 95003.

    OnApril7, 2016, I served the following document:

    6 [PROPOSED] Order

    to

    Change

    Venue

    to the

    Superior

    Court of Santa Clara

    Persuant to

    C.C.O.

    §394

    7

    8

    1

    11

    12

    13

    14

    15

    16.

    17

    18

    19

    20

    21

    22

    23

    24

    on

    the interested parties to said action

    by

    the following means:

    X

    BY MAIL By

    placing a true copy of the above-referenced document s)

    enclosed

    in

    a sealed envelope

    with

    postage thereon fully prepaid,

    in the

    United States

    mail

    at

    Aptos, California, addressed as shown below.

    By transmitting a true copy

    thereof

    by

    facsimile transmission from facsimile number 831) 661-4804 to the interested ·

    parties to said action at

    the

    facsimile number s) shown below, each of

    whom

    previously authorized,

    in

    writing, facsimile service

    of

    documents

    in

    this action.

    BY E-MAIL)

    I caused the document to

    be

    sent to the person s) at the e-mail

    address es) listed below, each

    ofwhom

    previously authorized electronic service

    of

    documents

    in

    this action. 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.

    Executed

    on

    April 7, 2016, at Aptos, California.

    NAME

    S  S)

    AND

    ADDRESS

    ORFAXNUMBER S)

    F EACH PARTY SERVED:

    Charles D. Jenkins ·

    25 355

    th

    Street, Suite

    200

    26

    San Francisco, CA 94103

    Tel: 415) 672-3351

    Attorneys for Defendant

    PACIFIC HARVEST SEAFOODS, INC.

    27

    Fax: 415) 285-7266

    28

  • 8/17/2019 Notice of Entry of Order 15CV000014 4-13-16

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    CASE NAME: City of Carmel-by-the-Sea vs Pacific Harvest Seafoods, Inc.

    Monterey County Superior Court Case No 15CV000014

    1

    PROOF OF

    SERVICE

    2 I, Erik Peabody, declare

    as

    follows: I

    am

    employed in the County of Santa Cruz, State o

    3 California. I

    am

    over the age of eighteen years and not a party to the within action.

    My

    busines

    4 address is 28 Seascape Village, Aptos, California 95003.

    On

    Apri113, 2016, I served the following document:

    6

    Notice

    of

    Entry

    ofOrder

    to Change Venue to the Super ior

    Court

    of

    California in th

    County ofSanta

    Clara

    Pursuant to

    CCP §394

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    }

    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    on the interested parties to said action

    by

    the following means:

    X BY MAIL) By placing a true copy of he above-referenced document s)

    enclosed

    in

    a sealed envelope with postage thereon fully prepaid,

    in

    the United States

    mail

    at

    Aptos, California, addressed

    as

    shown below.

    BY HAND-DELIVERY)

    By

    delivering a true copy thereof, enclosed

    in

    a

    sealed envelope, to the address es) shown below.

    BY OVERNIGHT DELIVERY)

    By

    placing a true copy thereof, enclosed

    in

    a sealed envelope, with delivery charges to

    be

    billed

    to

    the Law Offices ofVincent

    P Hurley, to

    be

    delivered

    by

    United States Postal Service Express Mail Overnight),

    to the address es) shown below.

    BY FACSIMILE TRANSMISSION) By transmitting a true copy thereof

    by facsimile transmission from facsimile number 831) 661-4804 to the interested

    parties to said action at the facsimile number s) shown below, each

    of

    whom

    previously authorized,

    in

    writing, facsimile service

    of

    documents

    in

    this action.

    BY E-MAIL) I caused the document to

    be

    sent to the person s) at the e-mail

    address es) listed below, each

    of

    whom previously authorized electronic service

    of

    documents

    in

    this action. 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 ofperjury under the laws

    of

    the State

    of

    California that the

    foregoing is true and correct.

    Executed

    on

    April13

    2016,

    at

    Aptos, California.

    NAMES S)

    AND

    ADDRESS OR FAX NUMBER S)

    OF

    EACH PARTY SERVED:

    Charles D. Jenkins

    355 th Street, Suite 200

    San Francisco, CA 94103

    Tel: 415) 672-3351

    Fax: 415) 285-7266

    Attorneys for Defendant

    PACIFIC HARVEST SEAFOODS, INC.