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Jennifer L. Copenbarger Beach Harbor Offices & Marina, LLC 14 Copenbarger & Associates 1611 South Amphitheatre Parkway 15 Flagstaff, AZ 86001 Email: [email protected] 16 17 18 Michael J. Bidart, Esq. Attorneys for Newport Beach Harbor Shernoff Bidart Echeverria LLP Offices & Marina, LLC 19 600 South Indian Hill Boulevard Claremont, CA 91711 20 Email: [email protected] 21 22 23 24 25 26 27

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117 views4 pages

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Jennifer L. Copenbarger Beach Harbor Offices & Marina, LLC 14 Copenbarger & Associates 1611 South Amphitheatre Parkway 15 Flagstaff, AZ 86001 Email: [email protected] 16 17 18 Michael J. Bidart, Esq. Attorneys for Newport Beach Harbor Shernoff Bidart Echeverria LLP Offices & Marina, LLC 19 600 South Indian Hill Boulevard Claremont, CA 91711 20 Email: [email protected] 21 22 23 24 25 26 27

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You are on page 1/ 4

Carlsbad

Los Angeles
Phoen ix

January 12, 201 7

Honorable Kathleen E. O' Leary, Presiding Justice


Clerk of the Court of Appeal
Court of Appeal of the State of California,
Fourth Appellate District, Division 3
601 W . Santa Ana Blvd.
Santa Ana, CA 92701

RE: Request fo r Clarification of Briefing Schedule and Extension, If Necessary


Case No. : 0054146

Dear Honorable Kathleen E. O'Leary and Clerk of the Court of Appeal:

Please be advised that this office represents Morris Cerullo World Evangelism, Inc., Plaza

Received by Fourth District Court of Appeal, Division Three


Del Sol Real Estate Trust, and Roger Artz, each of whom comprise t he Appellants in this case. On
December 7, 201 6, the Court approved the proposed briefing schedule lodged by the parties. The
aforementioned brief requires that "Appell ants' opening brief is due no later than January 13, 20 17,
but not before tlte record 011 appeal ltas been filed." On January 9, 2017, Appellants received a
portion of the record consisting exclusively of covers for certain law and motion transcripts, which
at best constitutes a partial record . On January 11, 2017, the docket in this case reflects the fil ing of
the record.
As of the date of this correspondence, Appellants have not received the full and complete
record on appeal. Appellants seek clarifi cati on and confirmation that the record reflected as having
been filed on January 11 , 201 7 is indeed the partial record received by Appellants on January 9,
201 7. Furthermore, given that Appellants have not yet received a full and complete copy of the
letter, Appellants seek confirmation that the time for filing of the Appellant's Opening Brief has
been extended. Appellants propose that the Appellants' Opening Brief be submitted no later than
two (2) weeks after the full and complete record on appeal has been fi led.
As shown by the attached proof of service, this letter was sent to all counsel in this matter.

Respectfully,

GALUPPO & BLAKE

a fr_:J?V~n
DANIEL WATTS, ESQ.
Attorneys for Appellants

2792 Ci /\TRWA Y IWAD. St II TE I 0 2 e C/\R l.SB AD.CAl.IFORNIA 92009


• P. 76043 1-1575
• F 760 43 1 ·1579

111111.galuppolaw.com
APP-009
FOR COURT USE ONLY
PROOF OF SERVICE (Court of Appeal)
[{] Mail D Personal Service
Notice: This form may be used to provide proof that a document has been
served in a proceeding in the Court of Appeal. Please read Information
Sheet for Proof of Service (Court of Appeal) (form APP-009-INFO) before
completing this form.
Case Name: Morris Cerullo v. Newpott Harbor Offices
Court of Appeal Case Number: G054146
Superior Court Case Number: 30-2011-004 79442

1. At the time of service I was at least 18 years of age and not a party to this legal action.

2. My D residence [{] business address is (specify):


2792 Gateway Road, Suite 102, Carlsbad, CA 92009
3. I mailed or personally delivered a copy of the following document as indicated below (fill in the name of the document you mailed or
delivered and complete either a orb): Request for Clarification of Briefing Schedule and Extension, If Necessary

a. W Mail. I mailed a copy of the document identified above as follows:

(1) I enclosed a copy of the document identified above in an envelope or envelopes and

(a) D deposited the sealed envelope(s) with the U.S. Postal Service, with the postage fully prepaid.

(b) [ { ] placed the envelope(s) for collection and mailing on the date and at the place shown in items below,
following our ordinary business practices. I am readily familiar with this business's practice of collecting
and processing correspondence for mailing. On the same day that correspondence is placed for
collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service, in a
sealed envelope(s) with postage fully prepaid.

(2) Date mailed: January 12, 2017


(3) The envelope was or envelopes were addressed as follows:
(a) Person served:
(i) Name: See Attached Service List
(ii) Address:

(b) Person served:


(i) Name:
(ii) Address:

(c) Person served:


(i) Name:
(ii) Address:

D Additional persons served are listed on the attached page (write ''APP-009, Item 3a" at the top of the page).

(4) I am a resident of or employed in the county where the mailing occurred. The document was mailed from
(city and state). Carlsbad, CA
Page 1of2
Form Approved for Optional Use w1V1v.courtinfo.ca.gov
PROOF OF SERVICE
Judicial Council of California
APP-009 [New January 1, 2009] (Court of Appeal)
APP-009
CASE NAME: Morris Cerullo v. Newport Harbor Offices I CASE NUMBER: G054146 I

3. b. D Personal delivery. I personally delivered a copy of the document identified above as follows:
(1) Person served:
(a) Name:
(b) Address where delivered:

(c) Date delivered:


(d) Time delivered:

{2) Person served:


(a) Name:
(b) Address where delivered:

(c) Date delivered:


(d) Time delivered:

(3) Person served:


(a) Name:
(b) Address where delivered:

(c) Date delivered:


(d) Time delivered:

W Names and addresses of additional persons served and delivery dates and times are listed on the attached page (write
"APP-009, Item 3b" at the top of the page).
Sec Attached Service List

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: January 12, 20 17

L inda M. Koller
(TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM)

APP-009 [New January 1, 2009] Page 2 of 2


PROOF OF SERVICE
(Court of Appeal)
Newport Harbor Offices & Marina, LLC et al. v. Morris Cerullo World Evangelism, et al.
Court of Appeal Case No.: G054146
2
Superior Court of California, County of Orange
3 Case No. 30-2011-00479442
4
APP-009, Item 3b
5
SERVICE LIST
6

9 Elaine B. Alston, Esq. Attorneys for Newport Beach Harbor


Alston, Alston & Diebold Offices & Marina, LLC
10 6 Hutton Centre Drive, Su ite 1040
Santa Ana, CA 92707
11 Email: ealston @aadlawxers.com
12

13 Paul D. Copenbarger, Esq. Attorneys for Newport Harbor Offices &


Copenbarger & Associates Marina, LLC
14 780 Roosevelt
Irvine, CA 92620
15 Email: ca@co1:1 enbargerlaw.com
16 [email protected]

17
Bradley P. Knypstra, Esq. Attorney for Defendants, Dennis D.
18 Grant Hermes, Esq. D' Alessio and Vertical Media Group
KNYPSTRA HERMES
19 18200 Von Karman Avenue, Suite 730
Irvine, CA 92612
20
Email: brad@khtrial lawyers.com
21 grant@khtri allawyers.com

22
Carlos F. Negrete, Esq. Attorney for William Packard
23 Law Offices of Carlos F. Negrete
24 P.O. Box 60015
North Carolina, NC 29419
25 Email: [email protected]

26

27

28

-1-
SERVICE LIST

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