Case No. A107100

COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT, DIVISION FOUR

MOTION AND DECLARATION OF GOOD CAUSE FOR EXTENSION OF TIME TO FILE APPELLANT'S REPLY BRIEF - CIVIL

1. The undersigned counsel for Appellant hereby requests an extension of 30 days to file Appellant's Reply Brief in Case No. A107100 and Petitioner's Reply Brief in Case No. A107095.

2. Respondent's Brief in A107100 was filed with this Court and received by our office on December 6, 2004, together with a proof of service reflecting a service date of December 1, 2004.

3. Respondent's Opposition to Petition for A Writ of Certiorari or, in The Alternative, A Writ of Mandamus as filed with this Court and received by our office on December 8, 2004, together with a proof of service reflecting a service date of December 7, 2004.

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4. Appellant's and Petitioner's Briefs are now due to be completed and filed by December 27, 2004.

5. The time to file said briefs has not been extended by stipulation. However, Respondent does not object to this extension.

6. This case has not been granted priority on appeal.

7. I have complied with rule 45(f), and my client does not object to the extension.

8. I was counsel of record in this case in the trial court. I am in the process of reviewing the papers filed by Respondent. The need for additional time is not due to the complexity and number of issues. Rather, the need for additional time is due to timing and quantity of Respondent's filing.

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PROOF OF SERVICE

I, the undersigned, declare:

I am employed in the County of Marin, State of California. I am over the age of 18 and not a party to the within action; my business address is 475 Gate 5 Road, Suite 212, Sausalito, California 94965.

On December 16, 2004, I served the foregoing document(s) described as follows:

MOTION AND DECLARATION OF GOOD CAUSE FOR EXTENSION OF TIME TO FILE APPELLANT'S REPLY BRIEF - CIVIL

on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes addressed as stated on the attached service list, as follows:

    x     BY MAIL:

        BY FEDERAL EXPRESS OR OVERNIGHT COURIER

        BY HAND DELIVERY.

Gerry Armstrong
#1-45950 Alexander Avenue
Chilliwack, B.C. V2P IL5
Canada

Clerk of the Superior Court
Marin County Superior Court
3501 Civic Center Drive
San Rafael, CA 94913
(Hon. Lynn Duryee)

Executed on December 16, 2004, at Sausalito, California

   XX   (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

        (Federal) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made.