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`NOTICE OF FAILURE TO SERVE OPPOSITION TO PLAINTIFF JOHN MUHAWIEH’S MOTION TO
`COMPEL DEFENDANT SEAMUS COLLINS’ RESPONSES TO REQUESTS FOR PRODUCTION OF
`DOCUMENTS AND REQUEST FOR SANCTIONS - 1
`Samuel Ray (SBN 308921)
`Luke Garvey (SBN 342956)
`Colla & Ray LLP
`250 Columbus Street, Suite 200
`San Francisco, CA 94133
`415-579-1414
`sam@collaray.com
`Attorneys for Plaintiff John Muhawieh
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`COUNTY OF SAN FRANCISCO
`UNLIMITED JURISDICTION
`JOHN MUHAWIEH, an individual;
`Plaintiff,
`
`vs.
`
`SEAMUS COLLINS CONSTRUCTION,
`INC., a California corporation, SEAMUS
`COLLINS, an individual, and DOES 1
`through 50, inclusive;
`Defendant.
`Case No.: CGC-25-621232
`NOTICE OF FAILURE TO SERVE
`OPPOSITION TO PLAINTIFF JOHN
`MUHAWIEH’S MOTION TO COMPEL
`DEFENDANT SEAMUS COLLINS’
`RESPONSES TO REQUESTS FOR
`PRODUCTION OF DOCUMENTS AND
`REQUEST FOR SANCTIONS
`
`
`DISCOVERY
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`Hearing Date: May 5, 2025
`Time: 9:00 AM
`Place: Dept. 302
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`
`Date Action Filed: January 7, 2025
`Trial Date: Not Yet Set
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`ELECTRONICALLY
`F I L E D
`Superior Court of California,
`County of San Francisco
`04/23/2025
`Clerk of the Court
`BY: BOWMAN LIU
`Deputy Clerk
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`NOTICE OF FAILURE TO SERVE OPPOSITION TO PLAINTIFF JOHN MUHAWIEH’S MOTION TO
`COMPEL DEFENDANT SEAMUS COLLINS’ RESPONSES TO REQUESTS FOR PRODUCTION OF
`DOCUMENTS AND REQUEST FOR SANCTIONS - 2
` TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
`PLEASE TAKE NOTICE that Plaintiff John Muhawieh’s Motion to Compel Defendant
`Seamus Collins’ (“Defendant”) Responses to Requests for Production of Documents and Request
`for Sanctions ("Motion") was properly noticed and is scheduled for hearing on May 5, 2025. The
`deadline for filing and serving any opposition to the Motion was April 22, 2025, nine court days
`before the hearing. (Code Civ. Proc.§ 1005.) As of the filing of this notice, Plaintiff has not been
`served with any opposition to the Motion. Nor do File & Serve Xpress nor this Court's online
`Civil Case Information database indicate that such opposition has been filed. "Failure to oppose
`a motion that is duly noticed and brought on for hearing in [ an] action makes the motion itself an
`uncontested proceeding. ( Rooney v. Vermont Inv. Corp. (1973) 10 Cal.3d 351, 367.) Based on
`Defendant's failure to oppose the Motion , Plaintiff respectfully requests that the Court grant the
`Motion in its entirety.
`
`Dated: April 28, 2025 /s/Samuel Ray
`Samuel Ray
`COLLA & RAY LLP
`Attorneys for Plaintiff John Muhawieh
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`NOTICE OF FAILURE TO SERVE OPPOSITION TO PLAINTIFF JOHN MUHAWIEH’S MOTION TO
`COMPEL DEFENDANT SEAMUS COLLINS’ RESPONSES TO REQUESTS FOR PRODUCTION OF
`DOCUMENTS AND REQUEST FOR SANCTIONS - 3
`PROOF OF SERVICE
`I am a resident of the State of California and over the age of eighteen years, and not a
`party to the within action. My business address is 250 Columbus Avenue, Suite 200, San
`Francisco, California 94133. On April 28, 2025, I served the foregoing document described as:
`
`NOTICE OF FAILURE TO SERVE OPPOSITION TO PLAINTIFF JOHN
`MUHAWIEH’S MOTION TO COMPEL DEFENDANT SEAMUS COLLINS’
`RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND REQUEST
`FOR SANCTIONS
`
`on the following person at the location specified:
`John S. Huster
`Attorney at Law
`155 Montgomery Street, Suite 401
`San Francisco, CA 94104
`john@husterlaw.com
`Attorneys for Defendants
`
` BY ELECTRONIC MAIL: I caused the documents to be sent to the person(s) at the
`electronic service address(es) listed above. Such document(s) were transmitted via
`electronic mail from the electronic address: luke@collaray.com in portable document
`format ("PDF") Adobe Acrobat or in Word document format.
`I declare under penalty of perjury pursuant to the laws of the State of California that the
`foregoing is true and correct.
`Executed April 28, 2025, at San Francisco, California.
` /s/Luke Garvey
` Luke Garvey
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