FILED

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APR 08 2016

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

CLiiR~Qi= THE SUPEF;\IOR COUR

L. WMMJNGS DEPUT

Vincent P. Hurley #111215

Rachel0strander#291890
LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation
28 Seascape Village
Aptos, CA 95003
Telephone: (831) 661-4800
Facsimile: (831) 661-4804

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Attorney for Plaintiff

CITY OF CARMEL-BY-THE-SEA

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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COUNTY OF MONTEREY

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)
CITY OF CARMEL-BY-THE-SEA,
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CALIFORNIA, a municipal corporation,)
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Plaintiff,
-)
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vs.
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PACIFIC HARVEST SEAFOODS,
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INC., and DOES 1 through 20,
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Defendants.
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__________________________)

Case No. 15CV000014

[PROPOSED] ORDER TO CHANGE
VENUE TO THE SUPERIOR COURT
OF CALIFORNIA IN THE COUNTY
OF SANTA CLARA PERSUANT TO
C.C.P. 394
[Cal. Code Civ. Proc. 394]

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UPON THE STIPULATION ofthe parties, IT IS HEREBY ORDERED that, regarding

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the matter of City of Carmel-by-the-Sea versus Pacific Harvest Seafoods, Inc., venue shall be

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transferred to the Superior Court of California in the County of Santa Clara Superior Court as

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prescribed by the California Code of Civil Procedure section 394.

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Dated:

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16!!____ _

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THOMAS W. WILLS

Judge of the Superior Court

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[PROPOSED} Order on Stipulation to Change Venue

Case No. 15CV000014

CASE NAME: City ofCarmeJ:.by-the-Sea vs. Pacific Harvest Seafoods, Inc.

Monterey County Superior Court Case No. 15CV000014

PROOF OF SERVICE
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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 April 7, 2016, I served the following document:

[PROPOSED] Order to Change Venue to the Superior Court of Santa Clara

Persuant to C.C.O. 394

on the interested parties to said action by the following means:

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(BY MAIL) By placing a true copy of the above-referenced document(s)
enclosed in a sealed envelope with postage thereon fully prepaid, in the United States
mail at Aptos, California, addressed as shown below.
(BY HAND-DELIVERY} By delivering a true copy thereof, enclosed in a
sealed envelope, to the address(es) shown below.
(BY OVERNIGHT DELIVERY) By placing a true copy thereof, enclosed
in a sealed envelope, with delivery charges to be billed to the Law Offices of Vincent
P. Hurley, to be delivered by United States Postal Service Express Mail (Overnight),
to the address(es) shown below.
(BY FACSIMILE TRANSMISSION} By transmitting a true copy thereof
by facsimile transmission from facsimile number (831) 661-4804 to the interested
parties to said action at the facsimile number(s) shown below, each of whom
previously authorized, in writing, facsimile service of documents in this action.

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(BY E-MAIL) I caused the document to be sent to the person(s) at the e-mail
address(es) listed below, each of whom previously authorized electronic service of
documents in this action. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
unsuccessful.

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

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foregoing is true and correct.

Executed on April 7, 2016, at Aptos,

Califomi~

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Erik Peabody

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NAMES(S) AND ADDRESS OR FAX NUMBER(S) oF'EACH PARTY SERVED:

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

Attorneys for Defendant

PACIFIC HARVEST SEAFOODS, INC.