FILE

FEB 25 2016
1
2
3
4
5
6

7
8

DONALD FREEMAN SBN 47833

City Attorney
City of Carmel-By-The-Sea
P.O. Box 805
Carmel, CA 93921-0805
(831) 649-5339, Ext. 11
Facsimile: (831) 373-1634

TERESA A. RISI
CLERK OF THE SUPERIOR COURT

---'--DEPUTY

LtsaDalJa

Vincent P. Hurley #111215

Rachel Ostrander #291890
LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation
28 Seascape Village
Aptos, CA 95003
Telephone: (831) 661-4800
Facsilnile: (831) 661-4804

10

Attorney for Plaintiff

CITY OF CARMEL-BY-THE-SEA

11

SUPERIOR COURT OF THE STATE OF CALIFORNIA

12

COUNTY OF MONTEREY

13
14
15
Plaintiff,
16
vs.
17
18

PACIFIC HARVEST SEAFOODS,

lNC.,andDOES 1 through20,
Defendants.

19
20
21

Case No. 15CV000014

)
CITY OF CARMEL-BY-THE-SEA,
)
CALIFORNIA, a municipal corporation, )

)
)
)
)
)
)
)

STIPULATION OF THE PARTIES TO

CHANGEVENUETOTHESUPERIOR
COURT OF CALIFORNIA IN THE
COUNTYOFSANTACLARA
PURSUANT TO C.C.P. 394
[Cal. Code Civ. Proc. 394]

1-----------------------)
Plaintiff CITY OF CARMEL-BY-THE-SEA, together with Defendant PACIFIC

22

HARVEST SEAFOODS, INC., hereby stipulate as follows and request that the Court issue an

23

order transferring venue to the Superior Court of California in the County of Santa Clara

24

Superior Court as prescribed by the California Code of Civil Procedure section 394.

RECITALS

25
26
27

I.

On October 13, 2015, the City of Carmel-by-the-Sea filed its complaint against

Pacific Harvest Seafood in the Superior Court of Monterey County.

28
Stipulation to Change Venue

Case No. 15CVOOOO 14

2.

County of Monterey.

3.

3
4

Plaintiff, the City of Carmel-by-the-Sea, a municipal corporation, is situated in th

Counsel for Defendant Pacific Harvest Seafoods, Inc., Charles Jenkins, is located

in San Francisco, California.

3.

On January 15, 20 16, the Plaintiff and the Defendant met and conferred by

telephone on proper venue for this action, which serves the interests of judicial economy and

convenience of the parties. Defendant suggested Santa Clara County.

5.

8
9
10

On February 10, 2016, the Plaintiff and the Defendant again met and conferred by

telephone on proper venue for this action, and Plaintiff agreed that transferring venue to Santa
Clara County serves the interests of judicial economy and convenience of the parties.

6.

1l

Therefore, the Plaintiff and the Defendant now stipulate as follows.

STIPULATION

12

13

Counsel for Plaintiffs and Defendants hereby stipulate and request that the Court issue an

14

Order transferring venue to the Superiqr Court of California in the County of Santa Clara

15

Superior Court as prescribed by the California Code of Civil Procedure section 394.

16
Dated:
17

February1~ 2016
LAW OFFICES OF VINCENT P. HURLEY

18

AP::::~~

19

B;

20

~
, -RA
~C=H~E=L~O
~S
~T=RA
~
N=
D=
E=
R--==-

21

Attomeys for Plaintiff CITY OF CARMEL-BYTHE-SEA

22
23

Dated: February_, 201 6

24

CHARLES JENKINS LAW

A Professional Corporation

25
26

By: ----~~~~~~==~----CHARLES JENKINS

Attorneys for Defendant PACIFIC HARVEST
SEAFOODS, INC.

27
28

2
Stipulation to Change Venue

Case No. 15CV000014

2
3
4
5

2.

Plaintiff, the City of Carmel-by-the-Sea, a municipal corporation, is situated in the

County of Monterey.
3.

Counsel for Defendant Pacific Harvest Seafoods, Inc., Charles Jenkins, is located

in San Francisco, California.

3.

On January 15, 2016, the Plaintiff and the Defendant met and conferred by

telephone on proper venue for this action, which serves the interests of judicial economy and

convenience of the parties. Defendant suggested Santa Clara County.

8
9
10
11

5.

On February 10, 2016, the Plaintiff and the Defendant again met and conferred by

telephone on proper venue for this action, and Plaintiff agreed that transferring venue to Santa
Clara County serves the interests of judicial economy and convenience of the parties.

6.

Therefore, the Plaintiff and the Defendant now stipulate as follows.

STIPULATION

12
13

Counsel for Plaintiffs and Defendants hereby stipulate and request that the Court issue an

14

Order transferring venue to the Superior Court of California in the County of Santa Clara

15

Superior Court as prescribed by the California Code of Civil Procedure section 394.

16
Dated: February_

, 2016

17
LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation

18
19
20

By:
21

Attorneys for Plaintiff CITY OF CARMEL-BYTHE-SEA

22
23

---=~==~====~==~----RACHEL OSTRANDER

Dated: February 1.1, 2016

24

CHARLES JENKINS LAW

A Professional Corporation

25

By:C QQb

26
27

CHARLES JE
S
Attorneys for Defendant PACIFIC HARVEST
SEAFOODS, INC.

28

2
Stipulation to Change Venue

Case No. 15CVOOOOI4

CASE NAME: City of Carmel-by-the-Sea vs. Pacific Harvest Seafoods,'Inc.

Monterey County Superior Court Case No. 15CVOOOOI4

PROOF OF SERVICE

I, Erik Peabody, declare as follows: I am employed in the County of Santa Cruz, State of

California. I am over the age of eighteen years and not a party to the within action. My business

address is 28 Seascape Village, Aptos, California 95003.

On February 24_, 2016, I served the following document:

Stipulation of the Parties to Change Venue to the Superior Court of California in

the County of Santa Clara Pursuant to C.C.P. 394.

7
on the interested parties to said action by the follovving means:

8
9
10

11

(BY MAIL) By placing a true copy of the above-referenced document(s)

X
enclosed m a sealed envelope wtth postage thereon fully prepaid, in the United States
mail at Aptos, Califorma, addre'Ssed as shown below.

-.,...-,--3(BY HA~D-DELIVERY) By deliv~ring a true copy thereof, enclosed in a

sealed envelope, to the address(es) shown below.

13

(BY OVERNIGHT DELIV~RY) By placing a true copy thereof. enclosed

in a sealed envelope, with delh ery charges to be btlled to the Law Offices of Vmcent
P. Hurley, to be delivered by Umted States Postal Service Express Mail (Overnight),
to the address(es) shown below.

14

-=---=--_,(=B-:2Y F ..\CSIMILE TRANSMISSION) By transmitting a true copy thereof

12

15
16

by facsimile transmts8ton from fac~nmtle number ( 831) 661-4804 to the interested

parties to satd action at the facstmile number(s) 8hown below, each of whom
previou8ly :mthonzed, in wn ting, facsimtle sen ice of documents in this action.

18

(BY E-MAIL} I caused the document to be sent to the person(5;) at the e-mail
address(es) listed below, each of whom pre\iou.'!ily authorized elect10nic senice of
documents in this action. I d1d not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmtsston was
unsuccessful.

19 .

I declare under penalty of perjury under the laws of the State of California that the

17

20
21

foregoing is true and correct.

Executed on February 24, 2016, at Aptos, Cal~

22

~Erik Peabody

23

NAMES(S) AND ADDRESS OR FAX NUMBER(S) OF EACH P.\RTY SERVED:

2-l
25
26
27
28

Charles D. Jenkins
355 11th Street, Suite 200
San Franci8co, CA 94103
Tel: (415) 672-3351
Fax: (415) 285-7266

Attorneys for Defendant

PACIFIC HARVEST SEAFOODS, INC.