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Star: Hills & Alan Gjurovich, temporary mailing location, care of: [ P.O. box 72537, Bakersfield, California (93387) ] non domestic, without the US

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF KERN CASE #: S-1500-CV-271292-SPC; NOTICE OF & MOTION FOR LEAVE TO FILE A CORRECTED 1st AMENDED COMPLAINT OF PLAINTIFFS Alan & Star; SUPPORTING AFFIDAVIT; MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR LEAVE TO FILE CORRECTED FIRST AMENDED COMPLAINT

10 Star: Hills, Alan Gjurovich 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28
plaintiffs, -VSGMAC MORTGAGE LLC,

14 President NICK CANALE Jr.;

ERIC A. FELDSTEIN, (CEO OF GMAC MORT. LLC) Et Al, defendants. HEARING DATE: 11 / 28 / 2011; ________________________________ DEPT.: 7 ; TIME: 8:30 A.M.

1. TO: THE ABOVE NAMED COURT, CLERK OF THE COURT & ALL INTERESTED PARTIES & THEIR COUNSEL OF RECORD IN THE ABOVE NAMED ACTION, PLEASE TAKE NOTICE OF THE FOLLOWING: 2. On the day of 11/28/2011, in Department 7 of the above named Court, at the hour of 8:30 A.M., or as soon thereafter as they can be heard, Plaintiffs in the above entitled Action will Move the Above Entitled Court & Dept. 7 Judge David Lampe for an Order Granting them leave to File a Corrected 1st Amended Complaint, said Corrected 1st Amended Complaint is attached as Exhibit # 1, to the accompanying Supporting Affidavit in support of this Motion & is hereby incorporated by Reference as if PLAINTIFFS NOTICE & MOTION for leave to file corrected first amended complaint
Page 1 of 12

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fully set forth & is made a part hereof this Motion; Said Motion is based upon the following Grounds: (1) The First Amended complaint was filed incomplete due to inadvertent omissions caused by being rushed & preoccupied with other matters such as two other Civil Actions & exigent circumstances beyond the power, control, or ability of Plaintiffs to change, avoid or prevent; (2) If the Court does not allow Plaintiffs to file a Corrected first Amended Complaint Plaintiffs will be Denied State & Federal Due Process of Law, a Fair Impartial hearing & Res Judicata on all Material issues of Fact & Law bearing upon the Determination of Plaintiffs Causes of Action in this Case, which is a Gross Miscarriage of Justice Causing Irreparable harm & Injury to Plaintiffs if not Remedied by this Court immediately & Forthwith;

15 3. This Motion is based upon this Notice, the Accompanying Memorandum of Points & 16 17 18 19 21 22 23 24 25 27 28
Authorities in support thereof, the Supporting Affidavit served & filed herewith the motion, as well as the corrected 1st Amended Complaint attached hereto as Exhibit 1, which is incorporated herein by reference as if fully set forth.

20 4. Wherefore Plaintiffs Request the following Relief:
(1) This Court Grants this Motion, and; (2) Issues an Order Deeming the Corrected first Amended Complaint in Exhibit 1 served & filed, and; (3) Grants whatever other Relief the Court Deems Right & Proper.

26 On this day, the-7th-day-of-the-Eleventh-month-Two-thousand-eleven,
_________________ __________________

PLAINTIFFS NOTICE & MOTION for leave to file corrected first amended complaint
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Alan Gjurovich, all Rights reserved

Star: Hills, all Rights reserved

PLAINTIFFS NOTICE & MOTION for leave to file corrected first amended complaint
Page 3 of 12

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Star: Hills & Alan Gjurovich, temporary mailing location, care of: [ P.O. box 72537, Bakersfield, California (93387) ] non domestic, without the US

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF KERN CASE #: S-1500-CV-271292-SPC; MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR LEAVE TO FILE A CORRECTED 1st AMENDED COMPLAINT OF PLAINTIFFS Alan & Star, ETC.

10 Star: Hills, Alan Gjurovich, 11 12 13 14 GMAC MORTGAGE LLC, 15 President NICK CANALE Jr.; 16 18 20 21 22 23 17 Et Al,
Defendants. ERIC A. FELDSTEIN, (CEO OF GMAC MORT. LLC) Plaintiffs, -VS-

HEARING DATE: 11 / 28 / 2011; DEPT.: 7 ; TIME: 8:30 A.M.

19 ________________________________

STATEMENT OF FACTS
Plaintiffs were Evicted from the Home they were living in December of 2010, and have had numerous troubles & problems since then, and have been involved in several other

24 Civil Law Suits & Actions Case #: S-1500-CL-259766-SPC ROYAL PALMS ESTATES 25 LLC VS ALAN GJUROVICH; Case #: S-1500-CS-183094; Alan Gjurovich VS ROYAL 26 PALMS ESTATES LLC MANAGERS VICKIE & JOHN COBB; & FOUR (4) OTHER 27 28
CIVIL DISPUTES THAT HAVE YET TO GO TO COURT WHICH HAVE TAKEN PLAINTIFFS MOTION FOR LEAVE TO FILE A CORRECTED SECOND AMENDED COMPLAINT
Page 4 of 5

1 2
AWAY FROM PLAINTIFFS TIME & ABILITY TO PROPERLY COMPLETE THE

3 FIRST AMENDED COMPLETE IN THIS CASE WITHIN THE TIME FRAME 4 ORDERED BY THE COURT, RESULTING IN THE FILING OF AN INCOMPLETE 5 FIRST AMENDED COMPLAINT, as well as several Exigent Circumstances which took 6
away from the time they had to Expend on preparing & filing a First Amended

7 8

Complaint in this Case. Since the filing of Plaintiffs First Amended Complaint Defendants

9 served & filed a Demurrer to that Complaint which is set for hearing on November 28, 10 2011 in Department 7 of this Court, which Demurrer fails to address several substantial 11 allegations in the Complaint Regarding Negligence, Intentional Negligence, Etc. Perhaps 12 13 14
due to the fact that the Negligence & Intentional Negligence alleged in the body of the Complaint were inadvertently omitted from the Causes of Action Portion of the said Complaint

15 which was Due to a rush to get it filed within the deadline set by the Court. Plaintiff's 16 have added amplified allegations of Promises made by Defendants to Plaintiffs, & Duties 17 of Defendants Owed to Plaintiffs. Based on the unintentional Omission of said material 18 19 20 21
from the Second Amended Complaint Plaintiffs herein Move for leave to correct the First Amended Complaint with the omitted Causes of Action & material inadvertently Omitted from the Complaint, which is Required for Plaintiffs to obtain Due Process of Law &

22 Res Judicata on the Merits of all their Material Claims & Causes of Action against 23 Defendants in this Case. 24 25 26 28
Plaintiffs hereby incorporates by reference as if fully set forth herein the “corrected First

INCORPORATION BY REFERENCE

27 Amended Complaint” in Exhibit # 1 Attached hereto this Affidavit in support of the
PLAINTIFFS MOTION FOR LEAVE TO FILE A CORRECTED SECOND AMENDED COMPLAINT
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California C.C.P. Section 473. (a) Provides in relevant Part: Motion for leave to file said Corrected Amended Complaint, which is hereby made a part

3 of this Motion & supporting Memorandum.

ISSUES OF LAW

I
THE COURT IS EMPOWERED BY STATUTE TO ALLOW A PARTY TO AMEND ANY PLEADING TO CORRECT A MISTAKE OR IN ANY OTHER PARTICULARS

A
THE POLICY & RULE OF THE LAW OF THE STATE OF CALIFORNIA IS LIBRALITY IN FAVOR OF LEAVE TO AMEND CIVIL COMPLAINTS

B
DEFENDANTS WILL NOT BE PREJUDICED BY THE GRANTING OF THIS MOTION

C
THE COURT IS REQUIRED BY THE LIBERAL POLICY OF THE STATE OF CALIFORNIA TO GRANT PLAINTIFFS LEAVE TO FILE A CORRECTED SECOND AMENDED COMPLAINT -------------------------------------------------------------------------------------------------

20 “(1) The court may, in furtherance of justice, and on any terms as may be proper, 21 name of any party, or by correcting a mistake in the name of a party, or a mistake 22 in any other respect; and may, upon like terms, enlarge the time for answer or 23

allow a party to amend any pleading or proceeding by adding or striking out the

demurrer.The court may likewise,in its discretion,after notice to the adverse party, allow,upon any terms as may be just, an amendment to any pleading or proceeding 24 in other particulars;and may upon like terms allow an answer to be made after the 25 time limited by this code.”
26 "It can very rarely happen that a court would be justified in refusing a party leave 27 28

to amend his pleading so that he may properly present his case." ; Harvey v. City of Holtville,(1969) 271 Cal. App. 2d 816, at page 820, Citing Crosby v. Clark,
PLAINTIFFS MOTION FOR LEAVE TO FILE A CORRECTED SECOND AMENDED COMPLAINT
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1 132 Cal. 1, 8. 2 3

“Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given.” Angie M. v. Sup.Ct. (Hiemstra) (1995) 37 4 Cal.App.4th 1217, 1227, see also Stevens v. Sup.Ct. (API Auto Ins. Services) 5 (1999) 75 Cal.App.4th 594, 601.
6 “The fact that the original Complaint filed in the action had been once 7 amended would not of itself justify a refusal of permission further to

amend.” SCHAAKE VS EAGLEETC. CAN CO., 135 CAL 472; JAMES VS 8 STEINER MIN. CO, 35 C.A. 778,788; MACKAY VS CLARK RIG BLDG. CO. 9 (1935) 5 C.A. 2d at page 62.
10 11 12 13 14
The facts in the Accompanying affidavit in support of this Motion establish that causes of action & material were omitted from the first amended complaint due to the fact that there were other matters which took away from the time available to prepare the first amended complaint of plaintiffs which resulted in the first amended complaint being

15 served & filed incomplete. In light of the Liberal Policy & Rule of the Law of the State 16 of California in Favor of Amending Pleadings this Court should Grant this Motion & 17 issue an Order treating the Corrected Amended Complaint in Exhibit # 1 attached to the 18 19 20
Accompanying Affidavit as having been served & Filed in this Case, & giving the Defendants 30 days to answer the said Corrected First Amended Complaint. There is no

21 way that the Defendants in this Action could be prejudiced by the Granting of this Motion, as 22 the Defendants are Corporate Bodies & Corporate Officers & Employees, who are 23 Represented by Bar Attorneys, Which said Defendants are answering to the Complaint in the 24 25 26 27 28
proceedings 30 days beyond what already has transpired

capacity of Legal Fictions, and whose personal lives are unaffected by the extended of the

-CONCLUSIONPLAINTIFFS MOTION FOR LEAVE TO FILE A CORRECTED SECOND AMENDED COMPLAINT
Page 7 of 5

1 In light of all the foregoing it is clear that the Defendants will not be prejudiced in any 2 way by the granting of leave to file the corrected First Amended Complaint in Exhibit 1 3 4 5
in light of the Fictional Capacity of Answering Defendants, & in light of the Liberal Policy of Granting leave to Amend Pleadings of the State of California, & Plaintiffs herein

6 respectfully Request that this Court Grant this Motion & issue an Order deeming the 7 Corrected First Amended Complaint in Exhibit 1 attached hereto this Affidavit is filed & 8 served allowing thirty days for Defendants to answer said Complaint. 9 10 On this day, the-seventh- day-of-the-eleventh-month-two-thousand-eleven, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PLAINTIFFS MOTION FOR LEAVE TO FILE A CORRECTED SECOND AMENDED COMPLAINT
Page 8 of 5

________________________ Alan Gjurovich all Rights Reserved ________________________ Star: Hills all Rights Reserved

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PLAINTIFFS MOTION FOR LEAVE TO FILE A CORRECTED SECOND AMENDED COMPLAINT
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1 2 3 4 5 6 7 8 9

Star: Hills & Alan Gjurovich, temporary mailing location, care of: [ P.O. box 72537, Bakersfield, California (93387) ] non domestic, without the US

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF KERN CASE #: S-1500-CV-271292-SPC; AFFIDAVIT OF Alan Gjurovich & Star: Hills IN SUPPORT OF MOTION FOR LEAVE TO FILE A CORRECTED 1st AMENDED COMPLAINT OF PLAINTIFFS Alan & Star

10 Star: Hills, Alan Gjurovich 11 12 13
plaintiffs, -VSGMAC MORTGAGE LLC,

14 President NICK CANALE Jr.; 15 ERIC A. FELDSTEIN, (CEO OF 16 17 18

GMAC MORT. LLC) KERN COUNTY SHERIFF DONNY Et Al, defendants. HEARING DATE: 11 / 28 / 2011; ________________________________ DEPT.: 7 ; TIME: 8:30 A.M.

19 Alan Gjurovich & Star: Hills say & Declare: 20 1. We were witnesses to & have Direct Personal Knowledge of the following matters 21 22 23 24 25 26 27 28
of fact & Law and we are Competent to Testify to the Truth of the same if we are called upon to do so, and we will so testify if we are called upon; 2. Since being Evicted from our home on Linden Avenue in Bakersfield California we have had numerous Exigent & Extenuating Circumstances which have taken away from our ability to prepare an Amended Complaint in this Case including two Civil Law Suits in Cases S-1500-CL-259766-SPC ROYAL PALMS ESTATES LLC VS PLAINTIFFS NOTICE & MOTION for leave to file corrected first amended complaint
Page 10 of 12

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ALAN GJUROVICH; Case #: S-1500-CS-183094; Alan Gjurovich VS ROYAL PALMS ESTATES LLC MANAGERS VICKIE & JOHN COBB;

4 3. In addition to the foregoing we have been preoccupied with preparing legal papers
in at least 4 other Civil Disputes (1) with an Auto Mechanic Shop; (2) With a bail Bonding Company (3) with a Chiropractic Business (4) With a Kern County Agency; and there is yet more Civil Disputes that we are working on which have taken more time away from the current First Amended Complaint which has kept us heavily preoccupied & distracted from fully completing all the work on the First Amended Complaint in this Case, including taking care of the Property of the Deceased Father of Alan Gjurovich at 4405 Sandbrook way which has to be removed from the premises due to a recent Judgment in Case #: S-1500-CL-259766-SPC.

15 4. We have attached the Proposed Corrected First Amended Complaint hereto this
Affidavit as Exhibit 1 which has been incorporated into the Motion for leave to file it in this Case. 5. If we are not granted leave to file the Corrected First Amended Complaint in this Case we will be denied State & Federal Due Process of Law, & a Fair impartial hearing on the merits of all material issues of fact & Law bearing upon the Determination of our Causes of Action in this case & will be denied Res Judicata on the Merits, which will result in a Gross Miscarriage of Justice & Irreparable harm & Injury to Plaintiffs herein, for which there is no plain speedy adequate remedy in the Ordinary Course of Law. 6. We do not believe that the Defendants will be Prejudiced in any way by the PLAINTIFFS NOTICE & MOTION for leave to file corrected first amended complaint
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Granting of this Motion as they are Represented by Bar Attorneys & are responding in the Capacity of Officers & Employees of a Fictional Corporate Entity not in a personal Capacity, & are not personally appearing in this Proceeding but are appearing by way of Bar Attorneys & thus the thirty days extended time to answer will not result in any personal injury damage or cost or other prejudicial circumstance that outweighs Plaintiffs Right to Res Judicata and Due Process of Law. 7. Based upon all the foregoing we move the Court for an Order allowing the filing of the Attached Corrected First Amended Complaint as the Complaint of Record & allowing thirty days for Defendants to Respond. On this day, the-seventh- day-of-the-eleventh-month-two-thousand-eleven, ________________________ Alan Gjurovich all Rights Reserved ________________________ Star: Hills all Rights Reserved

-DECLARATIONWe the undersigned hereby Declare under Penalty of Perjury under the laws of the State of California that the foregoing is true and correct. Executed by our hand on this seventh day of November, 2011, in the Republic State of California, County of Kern, ________________________ Alan Gjurovich all Rights Reserved ________________________ Star: Hills PLAINTIFFS NOTICE & MOTION for leave to file corrected first amended complaint
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all Rights Reserved

EXHIBIT PAGE INDEX OF EXHIBITS

# 1: CORRECTED FIRST AMENDED COMPLAINT
OF PLAINTIFFS Alan Gjurovich & Star: Hills

PLAINTIFFS NOTICE & MOTION for leave to file corrected first amended complaint
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PROOF OF SERVICE I the undersigned hereby declare under penalty of perjury under the laws of the state of California that I served the here attached Documents described as: NOTICE OF & MOTION FOR LEAVE TO FILE A CORRECTED FIRST AMENDED COMPLAINT OF PLAINTIFFS Alan Gjurovich & Star: Hills;

8 ON THE PERSONS & PARTIES NAMED BELOW AT THE ADDRESSES TO 9
FOLLOW ON THE DAY OF 11/ 7 /2011, BY FIRST CLASS US MAIL

10 11

WITH COPIES ENCLOSED IN A SEALED ENVELOPE WITH THE POSTAGE

12 THEREFOR FULLY PREPAID BY ME. I AM OVER THE AGE OF EIGHTEEN 13 YEARS. I AM NOT A PARTY TO THE WITHIN ACTION MY BUSINESS 14 ADDRESS IS: [P.O. BOX 71537, BAKERSFIELD CALIFORNIA 93387] 15 16 17 18
DEFENDANTS GMAC MORTGAGE LLC, ET AL, CARE OF COUNSEL OF RECORD: ROBERT GANDY, THE ATRIUM, 19100 VON KARMAN AVE., SUITE 700, IRVINE CA. 92612.

19 EXECUTED BY MY HAND ON THIS DAY, NOVEMBER 7 , 2011, IN THE 20 COUNTY OF KERN, REPUBLIC STATE OF CALIFORNIA, CITY OF 21 BAKERSFIELD, 22 23 24 25 26 27 28
PLAINTIFFS NOTICE & MOTION for leave to file corrected first amended complaint
Page 14 of 12

_________________ Daniel: Lopez all Rights reserved.

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