Document for CATHERINE COTE VS DONNA KATHRYN COTE ET AL

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                                DECLARATIONOP ANTHONYB. GORDON
              I, ANTHONYB. GORDON, declare:
              l.    I am the attorney of record for defendant      and cross-complainant Donna

     Kathryn Cote ("Donna" ) in the above entitled action and the facts set forth below are true
     and correct and   within my own personal knowledge and belief.
              2.    This declaration is made in opposition to the ex parte application to vacate
     the present trial date   of May 28,   2019. As appears below, there is no good cause to

     continue the trial date and this application is nothing more than a strategy to delay this

     matter going to trial on May 28, 2019.

10            3.    The plaintiffin the instant action is Catherine Cote     ("Catherine" ), the
     mother    of defendant John A. Cote ("John" ) and future ex mother-in-law of Donna. On
12   August 10, Catherine filed the present action claiming that her son and daughter-in-law
13   owe her $ 427,500 pursuant to    a series   of oral   agreements during the period March 6, 2006

14   to October 17, 2008. As stated in Donna's verified answer, she denies that any such
15   agreement existed, denies that any monies transferred to her or John were loans, and on

16   that basis denies that she is indebted to Catherine as alleged in the main action.
17            4.     On October 12, 2018, Donna filed a cross-complaint against John seeking a

     judicial determination of the parties'ights and obligations concerning the alleged loans
19   since Donna contends that any money Catherine advanced to John were gifts and were not

20   required to be paid back.     The cross-complaint was served on John on October 24, 2018.

21            5.     John failed to respond to his mother's complaint against him or to Donna's

22   cross-complaint, despite his requests to me for extensions so he could retain counsel. By

23   January 3, 2019, John had still not retained counsel or filed a responsive pleading, and I

24   filed a Request for Entry of Default against him.
25            6.     Catherine's attorney Richard Marcus and I both attended the Case

26   Management Conference on January 8, 2019, in this Dept. 15.            I explained to the Court
27   that I had entered John's default, and the Court then set the trial date for May 28, 2019.

28   John then appeared in pro per and explained to the judge that he was in the process           of
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                                       DECLARATIONOF ANTHONY GORDON