On August 10, 2018 a
Reply - REPLY TO PLAINTIFF'S OPPOSITION TO NOTICE AND MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT, MOTION TO VACATE THE JURY VERDICT AND JUDGMENT, MOTION FOR NEW TRIAL
was filed
involving a dispute between
Cote Catherine,
Cote Donna Kathryn,
and
Cote Catherine,
Cote Donna Kathryn,
Cote John Anthony,
for Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
in the District Court of Los Angeles County.
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Electronically FILED by Superior Court of California, County of Los Angeles on 03/16/2020 05:01 PM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Bolden,Deputy Clerk
MARY LU (State Bar No. 272034)
1 LAUREN M. LOOKOFSKY (State Bar No. 272033)
EDEN C. BAUTISTA (State Bar No. 330080)
2
KERMISCH & P ALETZ LLP
12711 Ventura Blvd., Suite 200
3
Studio City, CA 91604
4
Telephone: (818) 478-1043
Facsimile: (818) 478-1047
5
Attorneys for Defendant:
6 DONNA KATHRYN COTE
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT
9 CATHERINE COTE, Case No.: BC 717 294
10 Plaintiff, Judge Richard Fmin, Jr.
and REPLY TO PLAINTIFF'S OPPOSITION TO
NOTICE AND MOTION FOR JUDGMENT
DONNA KATHRYN COTE, an individual, NOTWITHSTANDING THE VERDICT,
JOHN ANTHONY COTE, an individual, and MOTION TO VACATE THE JURY
DOES 1 through 10, inclusive, VERDICT AND JUDGMENT, MOTION FOR
NEW TRIAL
Defendants.
Date: March 25,2020
Time: 8:30a.m.
Dept: 15
Defendant, DONNA KATHRYN COTE ("Donna Cote"), hereby submits her Reply Brief in
18
support ofher Motion for Judgment Notwithstanding the Verdict, etc., filed on January 29, 2020.
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I. PLAINTIFF'S OPPOSITION SHOULD NOT BE CONSIDERED BECAUSE IT WAS
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UNTIMELY FILED AND SERVED.
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Pursuant to Code of Civil Procedure §§ 629(b ), 659a and California Rules of Court, Rule
22
2.1600(a), opposing papers must be served and filed within the same time limits required on a new
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trial motions, i.e. within 10 days after service of the moving papers.
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Here, Defendant Donna Cote's moving papers were filed and served on January 29,2020.
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Therefore, Plaintiffs opposing papers were due within10 days after service of the moving papers or
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February 8, 2020. Plaintiff's opposing papers were not received until March 10, 2020. Therefore,
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due to the untimeliness ofPlaintiffs opposition, Defendant Donna Cote respectfully requests that the
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In re Matter of Cote
BC7 17294
REPLY TO PLAINTIFF'S OPPOSITION TO NOTICE AND MOTION FOR JUDGMENT
NOTWITHSTANDING THE VERDICT, MOTION TO VACATE THE JURY VERDICT AND JUDGMENT,
MOTION FOR NEW TRIAL
Pngc 1 of9
Document Filed Date
March 16, 2020
Case Filing Date
August 10, 2018
Category
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
Status
Jury Verdict 10/31/2019
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Electronically FILED by Superior Court of California, County of Los Angeles on 03/16/2020 05:01 PM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Bolden,Deputy Clerk MARY LU (State Bar No. 272034) 1 LAUREN M. LOOKOFSKY (State Bar No. 272033) EDEN C. BAUTISTA (State Bar No. 330080) 2 KERMISCH & P ALETZ LLP 12711 Ventura Blvd., Suite 200 3 Studio City, CA 91604 4 Telephone: (818) 478-1043 Facsimile: (818) 478-1047 5 Attorneys for Defendant: 6 DONNA KATHRYN COTE 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT 9 CATHERINE COTE, Case No.: BC 717 294 10 Plaintiff, Judge Richard Fmin, Jr. and REPLY TO PLAINTIFF'S OPPOSITION TO NOTICE AND MOTION FOR JUDGMENT DONNA KATHRYN COTE, an individual, NOTWITHSTANDING THE VERDICT, JOHN ANTHONY COTE, an individual, and MOTION TO VACATE THE JURY DOES 1 through 10, inclusive, VERDICT AND JUDGMENT, MOTION FOR NEW TRIAL Defendants. Date: March 25,2020 Time: 8:30a.m. Dept: 15 Defendant, DONNA KATHRYN COTE ("Donna Cote"), hereby submits her Reply Brief in 18 support ofher Motion for Judgment Notwithstanding the Verdict, etc., filed on January 29, 2020. 19 I. PLAINTIFF'S OPPOSITION SHOULD NOT BE CONSIDERED BECAUSE IT WAS 20 UNTIMELY FILED AND SERVED. 21 Pursuant to Code of Civil Procedure §§ 629(b ), 659a and California Rules of Court, Rule 22 2.1600(a), opposing papers must be served and filed within the same time limits required on a new 23 trial motions, i.e. within 10 days after service of the moving papers. 24 Here, Defendant Donna Cote's moving papers were filed and served on January 29,2020. 25 Therefore, Plaintiffs opposing papers were due within10 days after service of the moving papers or 26 February 8, 2020. Plaintiff's opposing papers were not received until March 10, 2020. Therefore, 27 due to the untimeliness ofPlaintiffs opposition, Defendant Donna Cote respectfully requests that the 28 In re Matter of Cote BC7 17294 REPLY TO PLAINTIFF'S OPPOSITION TO NOTICE AND MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT, MOTION TO VACATE THE JURY VERDICT AND JUDGMENT, MOTION FOR NEW TRIAL Pngc 1 of9