Thu, Mar 27, 2014 at 3:00 PM
At the ex parte hearing on Tuesday, please inform the court that our client opposes your ex parte motion.
Please also inform the Court that, on March 25, 2014, I requested that you send me copies of your ex parte papers. You have refused to provide the papers, other than to say that you will hand them to me if I show up in Court next Tuesday. Your refusal to send me your ex parte papers is contrary to the requirements of CRC 3.1206, which states that you need to serve your ex parte papers “at the first reasonable opportunity.”
Gregory Dresser
Morrison & Foerster LLP
425 Market St. | San Francisco, CA 94105
P: 415.268.6396 | F: 415.276.7527
GDresser@mofo.com | www.mofo.com
Fri, Mar 28, 2014 at 8:54 AM
Dear Mr. Dresser:
1. Thank you for clarifying the date on which your email was sent.
2. You have asked me to inform the court that your client opposes my
ex parte motion. I will of course do so, both orally and in writing.
However, just in case the court asks me what is the basis for your
opposition. Could you please let me know why you are opposing the
motion?
3. Next, you have asked me to "please also inform the Court that, on
March 24, 2014, I requested that you send me copies of your ex parte
papers. You have refused to provide the papers, other than to say
that you will hand them to me if I show up in Court next Tuesday. Your
refusal to send me your ex parte papers is contrary to the
requirements of CRC 3.1206, which states that you need to serve your
ex parte papers “at the first reasonable opportunity.”
Please note that I am making a distinction between “send” and “serve”.
I did not and would not “refuse” to serve you with the papers. As I
stated in my previous email, I plan to “finalize those papers only
on Tuesday, prior to going to court.” Because the papers will include
exhibits (such as signed return receipts from out of state defendants
etc, ) I planned on finalizing the papers at Kinko’s (or similar
establishment) on Tuesday morning and head straight to court.
Nevertheless, in order to streamline events and to accommodate your
client, I will finalize my papers by Monday night and will email (i.e.
send) them to you by Monday night no later than 9:00 pm. I will also
provide a hard copy (i.e. serve) them on you if you make an appearance
at the hearing. Please let me know if this will be satisfactory to
your client.
4. You are correct, Morrison & Foerster’s response is due on April 2,
2014. In that I extended the time for several other defendants to
respond by 10 additional days, I would be happy to provide your client
the same courtesy. Please let me know if you would like the
extension.
If you have any questions, please do not hesitate to contact me.