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1 JOSEPH D. COOPER, SR., #139993 E-FILED
TIMOTHY D. HASTIE, #319620 3/3/2022 10:34 AM
2 COOPER & HASTIE Superior Court of California
ATTORNEYS AT LAW County of Fresno
3 8050 N. Palm Avenue, Suite 300 By: C. York, Deputy
Fresno, CA 93711
4 Telephone (559) 442-1650
Facsimile (559) 442-1659
5
Attorneys for Defendants, BA VANG, an individual and ROBERT THAO CHAY (erroneously sued
6 herein as “ROBERT PETHER”)
7
8 SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF FRESNO - UNLIMITED
10
11
) Case No.: 18CECG04143
JOSE SANCHEZ, an individual, )
12
) DECLARATION OF DUE DILIGENCE
Plaintiff, ) REGARDING MEDIATION
13
)
v. ) TRIAL
14 BA VANG, an individual; ROBERT PETHER, an ) Date: June 7, 2022
individual; RUBEN RAMIREZ, an individual, and) Time: 9:30 a.m.
)
15 DOES 1 TO 20 inclusive, ) Dept: 503 before the Honorable Kimberly Gaab
16 Defendants. )
) Complaint Filed: November 8, 2018
17
)
18
I, TIMOTHY D. HASTIE, hereby declare as follows:
19
20 1. I am an attorney at law duly licensed to practice before all courts of this State and am the
21 attorney of record for Defendants, ROBERT THAO CHAY (erroneously sued herein as “ROBERT
22
PETHER”) and BA VANG.
23
24 2. The initial trial date of May 17, 2021 was continued at the May 14, 2021 Trial Readiness
25 Conference as the parties had not completed the mandatory alternate dispute resolution requirements, as
26 stated on the Trial Readiness Minute Order.
27 3. On or about December 13, 2021, I contacted Plaintiff’s counsel about setting a February
28 2022 mediation and we agreed I would inquire about the availability of mediator James Dilling.
70178.19F 1
DECLARATION OF DUE DILIGENCE REGARDING MEDIATION
1 4. On or about December 15, 2021, I contacted mediator Mr. Dilling and was advised of his
2 availability for February and March 2022. I shared Mr. Dilling’s availability with Plaintiff’s counsel in
3 order to select a mutually agreeable mediation date.
4 5. On or about January 10, 2022, I was advised by Plaintiff’s counsel that Plaintiff was going
5 to have a surgical consultation and that mediation was therefore premature. I was further advised that
6 Plaintiff would move for a trial continuance absent a stipulation to same.
7 6. On or about January 12, 2022 I advised Plaintiff’s counsel I would not stipulate to a
8 continuance in light of the pending court order to mediate and that I believed we could incorporate the
9 surgical consultation into the mediation.
10 7. On or about February 16, 2022, I contacted Plaintiff’s counsel to discuss a late April
11 mediation and the proposed motion to continue. Plaintiff’s counsel confirmed the motion to continue
12 would be filed and that he believed mediation is premature in light of Plaintiff’s surgical consultation.
13
8. At the time of this declaration no motion to continue has been filed and I make this
14 declaration in order to advise the court of my ongoing efforts to abide by the court’s order that the parties
15 participate in mediation before the commencement of trial.
16
I declare under penalty of perjury under the laws of the State of California that the foregoing is
17
true and correct and if called to testify as to the above, I could and would truthfully do so and that this
18
19 Declaration was executed in Fresno, California.
20
21
22 DATED: March 3, 2022 COOPER & HASTIE
23
24
By: ___________________________________
25
TIMOTHY D. HASTIE
26 Attorneys for Defendants, BA VANG, an
individual and ROBERT THAO CHAY
27 (erroneously sued herein as “ROBERT
PETHER”)
28
70178.19F 2
DECLARATION OF DUE DILIGENCE REGARDING MEDIATION
1
Pether, et al. adv. Sanchez
Fresno County Superior Court Case No. 18CECG04143
2
3 PROOF OF SERVICE
I am a citizen of the United States of America, a resident of Fresno County, California, over the
4
5
age of eighteen 18 years and not a party to the within entitled cause or matter. My business address is
6 8050 N. Palm Avenue, Suite 300, Fresno, California 93711. On the date this document was executed,
7 specified below, I served the foregoing: DECLARATION OF DUE DILIGENCE REGARDING
8
MEDIATION, to the parties in this action by serving an original, X a true copy as follows:
9
(By Mail) I am readily familiar with the business practice at my place of business for collection
10
and processing of correspondence for mailing with the United States Postal Service. Correspondence so
11 collected and processed is deposited with the United States Postal Service that same day in the ordinary
course of business.
12
(By Overnight) By placing the document(s) listed above in a sealed envelope and placing the
13
same for overnight delivery by Federal Express at Fresno, California.
14
(By Hand) I caused each envelope to be delivered by hand.
15
(By Telecopy) I caused each document to be sent by telecopier.
16
17 X (By Electronic Mail) I caused the document listed above to be sent by electronic mail to the
parties listed below.
18
David L. Milligan, Esq.
19 Law Offices of David L. Milligan, APC
1265 W. Shaw, Suite 100
20 Fresno, CA 93711
Phone: (559) 439-7500
21 Facsimile: (888) 730-2227
Email: lawyer@callegal.com
22 Email: mtorres070389@gmail.com
Representing Plaintiff, JOSE SANCHEZ
23
24 I declare under the penalty of perjury that the foregoing is true and correct. Executed and served
on March 3, 2022, at Fresno, California.
25
26
27
Timothy D. Hastie
28
70178.19F 3
DECLARATION OF DUE DILIGENCE REGARDING MEDIATION
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1 JOSEPH D. COOPER, SR., #139993 E-FILED TIMOTHY D. HASTIE, #319620 3/3/2022 10:34 AM 2 COOPER & HASTIE Superior Court of California ATTORNEYS AT LAW County of Fresno 3 8050 N. Palm Avenue, Suite 300 By: C. York, Deputy Fresno, CA 93711 4 Telephone (559) 442-1650 Facsimile (559) 442-1659 5 Attorneys for Defendants, BA VANG, an individual and ROBERT THAO CHAY (erroneously sued 6 herein as “ROBERT PETHER”) 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF FRESNO - UNLIMITED 10 11 ) Case No.: 18CECG04143 JOSE SANCHEZ, an individual, ) 12 ) DECLARATION OF DUE DILIGENCE Plaintiff, ) REGARDING MEDIATION 13 ) v. ) TRIAL 14 BA VANG, an individual; ROBERT PETHER, an ) Date: June 7, 2022 individual; RUBEN RAMIREZ, an individual, and) Time: 9:30 a.m. ) 15 DOES 1 TO 20 inclusive, ) Dept: 503 before the Honorable Kimberly Gaab 16 Defendants. ) ) Complaint Filed: November 8, 2018 17 ) 18 I, TIMOTHY D. HASTIE, hereby declare as follows: 19 20 1. I am an attorney at law duly licensed to practice before all courts of this State and am the 21 attorney of record for Defendants, ROBERT THAO CHAY (erroneously sued herein as “ROBERT 22 PETHER”) and BA VANG. 23 24 2. The initial trial date of May 17, 2021 was continued at the May 14, 2021 Trial Readiness 25 Conference as the parties had not completed the mandatory alternate dispute resolution requirements, as 26 stated on the Trial Readiness Minute Order. 27 3. On or about December 13, 2021, I contacted Plaintiff’s counsel about setting a February 28 2022 mediation and we agreed I would inquire about the availability of mediator James Dilling. 70178.19F 1 DECLARATION OF DUE DILIGENCE REGARDING MEDIATION 1 4. On or about December 15, 2021, I contacted mediator Mr. Dilling and was advised of his 2 availability for February and March 2022. I shared Mr. Dilling’s availability with Plaintiff’s counsel in 3 order to select a mutually agreeable mediation date. 4 5. On or about January 10, 2022, I was advised by Plaintiff’s counsel that Plaintiff was going 5 to have a surgical consultation and that mediation was therefore premature. I was further advised that 6 Plaintiff would move for a trial continuance absent a stipulation to same. 7 6. On or about January 12, 2022 I advised Plaintiff’s counsel I would not stipulate to a 8 continuance in light of the pending court order to mediate and that I believed we could incorporate the 9 surgical consultation into the mediation. 10 7. On or about February 16, 2022, I contacted Plaintiff’s counsel to discuss a late April 11 mediation and the proposed motion to continue. Plaintiff’s counsel confirmed the motion to continue 12 would be filed and that he believed mediation is premature in light of Plaintiff’s surgical consultation. 13 8. At the time of this declaration no motion to continue has been filed and I make this 14 declaration in order to advise the court of my ongoing efforts to abide by the court’s order that the parties 15 participate in mediation before the commencement of trial. 16 I declare under penalty of perjury under the laws of the State of California that the foregoing is 17 true and correct and if called to testify as to the above, I could and would truthfully do so and that this 18 19 Declaration was executed in Fresno, California. 20 21 22 DATED: March 3, 2022 COOPER & HASTIE 23 24 By: ___________________________________ 25 TIMOTHY D. HASTIE 26 Attorneys for Defendants, BA VANG, an individual and ROBERT THAO CHAY 27 (erroneously sued herein as “ROBERT PETHER”) 28 70178.19F 2 DECLARATION OF DUE DILIGENCE REGARDING MEDIATION 1 Pether, et al. adv. Sanchez Fresno County Superior Court Case No. 18CECG04143 2 3 PROOF OF SERVICE I am a citizen of the United States of America, a resident of Fresno County, California, over the 4 5 age of eighteen 18 years and not a party to the within entitled cause or matter. My business address is 6 8050 N. Palm Avenue, Suite 300, Fresno, California 93711. On the date this document was executed, 7 specified below, I served the foregoing: DECLARATION OF DUE DILIGENCE REGARDING 8 MEDIATION, to the parties in this action by serving an original, X a true copy as follows: 9 (By Mail) I am readily familiar with the business practice at my place of business for collection 10 and processing of correspondence for mailing with the United States Postal Service. Correspondence so 11 collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. 12 (By Overnight) By placing the document(s) listed above in a sealed envelope and placing the 13 same for overnight delivery by Federal Express at Fresno, California. 14 (By Hand) I caused each envelope to be delivered by hand. 15 (By Telecopy) I caused each document to be sent by telecopier. 16 17 X (By Electronic Mail) I caused the document listed above to be sent by electronic mail to the parties listed below. 18 David L. Milligan, Esq. 19 Law Offices of David L. Milligan, APC 1265 W. Shaw, Suite 100 20 Fresno, CA 93711 Phone: (559) 439-7500 21 Facsimile: (888) 730-2227 Email: lawyer@callegal.com 22 Email: mtorres070389@gmail.com Representing Plaintiff, JOSE SANCHEZ 23 24 I declare under the penalty of perjury that the foregoing is true and correct. Executed and served on March 3, 2022, at Fresno, California. 25 26 27 Timothy D. Hastie 28 70178.19F 3 DECLARATION OF DUE DILIGENCE REGARDING MEDIATION