• Munger Tolles & Olson ; Jeffrey Bleich — Service of Process

    Jeff.Bleich@mto.com,
    Jeff Bleich <JLBleich@gmail.com>,
    “Olson, Ronald” <ron.olson@mto.com>,
    “Todd, Mary Ann” <maryann.todd@mto.com>,
    “Phillips, Bradley” <Brad.Phillips@mto.com>

    Mr. Bleich:

    This will serve to memorialize and address events dealing with
    attempts to serve you and the law-offices of Munger Tolles & Olson
    with summons and complaint.

    On Tuesday, March 25, 2014 at around 4:00 p.m. a process-server
    visited Munger Tolles’ offices in San Francisco seeking to serve you
    and the law-firm.

    As far as service upon yourself, my understanding is that the
    process-server was told that you are out of the country.

    As far as service upon Munger Tolles, my understanding is that the
    process-server handed someone in your office an envelope containingthe summons, FAC, CMC order, and ADR package. When I inquired withthe process-server who that someone was, he stated that he informedthe receptionist of the purpose of his visit.

    Subsequently, the receptionist called a partner who opened the envelope, and read the pleadings. I asked the process-server if he had served the partner and he stated that at this point, because it took the partner a longtime to read the complaint, he (the process-server) was invited to eat some food left over from a birthday party held at your office that day, and by the time he returned the partner was no longer there.

    The long and the short of it is that I am not sure if service was
    effected on Munger Tolles, and would not want to misrepresent events by claiming that service was perfected if in actuality it was not.

    As you know, on Tuesday April 1, 2014 an ex-parte hearing will be held in Department 1 of Yolo County Superior Court at which I will seek an extension of time to serve the pleadings. As such, I will appreciate if you or someone from the San Francisco office would let me know your position so that I may inform the court as to the status of events and otherwise take the appropriate steps (ie, to attempt re-service thefirm). In any event, I am going to inform the court that an extension is needed because you are of the country, allegedly, and could not be served.

    Because service on you and your firm will be completed, I ask you and your firm to seriously consider waiving service altogether on all the Munger Tolles defendants.

    Lastly, would it be possible for your firm to appoint one point of
    contact who I can communicate with regarding this case in order to
    simplify matters and streamline events rather than having to write to the many attorneys who would otherwise be included in communications?

    Thank you for your cooperation regarding these issues. Please let me know if you have any questions.