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ANWYL, SCOFFIELD & STEPP, LLP P.O. Box 269127 Sacramcnto, California 95826-9127 Telephone: (916) 565-1800 Telecopier: (916) 565-2374

ENDORSED
12 A U G 15 P H 2=52 LEGAL P R O C E S S

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AN\VVUSC01-I'IICLD& STEI'r, LLP

LVINN A. GARCIA lag@,anwvlaw.com Attorneys for Defendant DISABILITY RIGHTS CALIFORNIA

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

JACQUELINE GALLEGOS, Plaintiff,

V.

CASE NO. 34-2012-00121520 NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT Date: Januai^ 8,2013 Time: 9:00 a.m. Dept: 54
[Reservation #1740864] Complaint Filed: April 2, 2012 Trial Date: None

DISABILITY et al.,

RIGHTS

CALIFORNIA,

Defendants.
/

TO PLAINTIFF JACQUELINE GALLEGOS AND HER ATTORNEY OF RECORD HEREIN:

PLEASE TAKE NOTICE THAT on January 8, 2013, at 9:00 a.m., or as soon thereafter as the matter can be heard, in Department 54 ofthe above-entitled Court, defendant Disability Rights will, and hereby does, move the Court for an Order striking the following portions of the First Amended Complaint which plaintiffhas filed with this Court: 1. 2. 3. Defendants"; I
Notice of Motion and Motion to Strike Poritons of FAC

The portion of paragraph 62 which references paragraphs 52, 54 and 55; Paragraph 62; The portion of paragraph 64 which states, "including wrongfully terminated by

4. 5.

The portion of paragraph 68 which references paragraphs 52, 54 and 55; The portion of paragraph 72 which states, "and her termination from employment on

or about April 26, 2011";

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ANWYL, SC01KII':LI)<S:

6. Defendants"; 7. 8.

The portion of paragraph 74 which states, "including wrongfully terminated by

The portion of paragraph 78 which references paragraphs 52, 54 and 55; The portion of paragraph 79 which states, "and the date DRC terminated plaintiffs

employment on or about April 26, 2011"; 9. Defendants"; 10. 11. 12. 13. 14. The portion of paragraph 86 which references paragraphs 52, 54 and 55; The portion of paragraph 89 which states, "and terminated"; The portion of paragraph 93 which references paragraphs 52, 54 and 55; The portion of paragraph 94 which states, "until her termination of employment"; The portion of paragraph 96 which states, "until she was terminated without just and The portion of paragraph 82 which states, "including wrongfully terminated by

reasonable cause on April 26, 2011"; 15. 16. The portion of paragraph 101 which references paragraphs 52, 54 and 55; and The portion of paragraph 104 which states, "up to and including termination of her

employment on or about April 26, 2011." This motion will be based upon this Notice, the Memorandum of Points and Authorities filed in support hereof, and/or all records and documents on file herein, and such other and further evidence or matters as may be presented at the time of the hearing on this motion. Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. You may access and download the court's ruling from the court's website at http://www, sacco urt .ca.gov. If you do not have online access, you may obtain the tentative ruling over the telephone by calling (916) 874-8142 and a deputy clerk will read the ruling to you. Ifyou wish to request oral argument, you must contact the clerk at (916) 874-7858 (Department 53) or (916) 874-7848 (Department 54) and the opposing party before
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s ri:ri', LLP

Notice of Motion and Motion to Strike Poritons of FAC

4:00 p.m. the court day before the hearing. If you do not call the court and the opposing party by 4:00 p.m. on the court day before the hearing, no hearing will be
held. (Amended effective 1/1/11)

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ANWYL, scorni:Li)& S riil'l', LLP

ANWYL, SCOFFIELD & STEPP, LLP

DATED: August 14, 2012 'LYNN A. GARCIA^ Attorneys for Defendant ^DISABILITY RIGHTS CALIFORNIA

Notice of Motion and Motion to Strike Poritons of FAC

Gallegos v. Disability Righls California, et al. Sacramento County Superior Court Case No. 34-2012-00121520

PROOF OF SERVICE

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1 am over the age of 18, and not a party to the above-entitled action. My business address is 3430 Gold Canal Drive, Suite 100, Rancho, Cordova, CA 95670-6129. I am readily familiar with the day-to-day practices of this office for collection and processing of mail for deposit with the United States Postal Service on the same business day. On the date set forth below, I served a copy of the attached NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT on the party(ies) to this action by: X Placing said document(s) in a sealed envelope(s) addressed to the person(s) at the address(es) set forth below, with postage thereon fully prepaid ,and then placing said envelope(s) in the designated area for outgoing mail in accordance with the day-to-day business practices ofthis office, whereby mail is deposited for mailing with the U.S. Postal Service in Sacramento County at the close ofthe same business day. Causing said document(s) to be deposited with a designated agent of Federal Express or the U.S. Postal Service for overnight delivery to the party(ies) as set forth below, with delivery guaranteed on the next following business day. H. Wade Sammis, Esq. hws@,sammislaw.com The Sammis Law Firm 520 Capitol Mall, Suite 600 Sacramento. CA 95814 Telephone: (916)447-0105 Facsimile: (916)447-1104 Attorneys for Plaintiff I declare under penalty of perjury, under the laws ofthe State of California, that the foregoing is true and correct. Executed on August 15, 2012, in Sacramento County, California.

Diane Linthicum

1
ANWYL, SCOI FIELI) & STEPP, LLP

Proof of Service