Preview
1
BREMER WHYTE BROWN & O’MEARA LLP
2 Raymond Meyer Jr., State Bar No. 176235
rmeyer@bremerwhyte.com ELECTRONICALLY
3 Rikus R. Locati, State Bar No. 314901
rlocati@bremerwhyte.com
FILED
Superior Court of California,
4 300 Frank H. Ogawa Plaza, Suite 355 County of San Francisco
Oakland, CA 94612 07/14/2021
5 Telephone: (510) 540-4881 Clerk of the Court
Facsimile: (510) 540-4889 BY: EDNALEEN ALEGRE
Deputy Clerk
6
Attorneys for Defendants,
7 CAL PACIFIC CONSTRUCTION, INC. and CARMEN
BORROMEO
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SAN FRANCISCO
10
11
MARY DIESCH, ) Case No. CGC-20-585978
12 )
Plaintiff, ) EX PARTE APPLICATION FOR
13 ) ORDER TO CONTINUE TRIAL DATE
vs. ) BY STIPULATION
14 )
CAL-PACIFIC CONSTRUCTION, INC., ) Date: July 15, 2021
15 CARMEN BORROMEO, and DOES 1 through ) Time: 11:00 a.m.
20, inclusive, ) Dept: 206
16 )
)
17 Defendants. ) Complaint Filed: August 14, 2020
) Trial Date: September 27, 2021
18
19 TO THE COURT AND PLAINTIFF AND COUNSEL OF RECORD:
20 NOTICE IS HEREBY GIVEN that on July 15, 2021 at 11:00 a.m., or as soon thereafter as
21 counsel may be heard, in Department 206 of the above-entitled Court located at 400 McAllister
22 Street, San Francisco, California, defendants CAL-PACIFIC CONSTRUCTION, INC. and
23 CARMEN BORROMEO will, and hereby do, move this Court ex parte for an Order continuing the
24 trial pursuant to stipulation of the parties and all trial-related deadlines in this matter pursuant to
25 California Rules of Court § 3.1332 and § 3.1200 et seq, from September 27, 2021 to January 31,
26 2022, or a date thereafter convenient for the court.
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28 \\\
BREMER WHYTE BROWN &
O’MEARA LLP
300 FRANK H. OGAWA PL.
SUITE 355
OAKLAND, CA 94612
EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL DATE BY STIPULATION
(510) 540-4881
1346.029 4823-5446-2962.1
1 California Code of Civil Procedure §166 states in relevant part: “(a) the judge of the superior
2 courts may, in chambers: (1) Grant all orders and writs which are usually granted in the first instance
3 upon an ex parte application and hear and dispose of those orders and writs.” Pursuant to California
4 Rules of Court, Rule 3.1332(b) a party seeking a continuance of the date set for trial, whether
5 contested or uncontested or stipulated by the parties, must make the request for a continuance by a
6 noticed motion or an ex parte application under the rules in chapter 4 of this division, with
7 supporting declarations.
8 This ex parte application is made pursuant to Government Code section 68115, state and local
9 general orders regarding COVID-19, California Rules of Court, Rules 3.1200 through 3.1207,
10 and 3.1332 et. seq., San Francisco County Local Rules, Rule 6.0 and the Judicial Council’s
11 emergency orders.
12 The grounds for the ex parte application are found in the unavailability of essential witnesses
13 and evidence due to excusable circumstances and the defendants’ excusable inability to obtain
14 essential testimony, documents, and other material despite diligent efforts.
15 1. Jury Trial is currently set for September 27, 2021;
16 2. The parties have stipulated to the continuance of the trial to January 31, 2022 or a date
17 thereafter convenient to the court;
18 3. No prior continuances of the trial have been granted;
19 4. No parties will be prejudiced by the Court’s granting of this Request to continue trial;
20 5. Continuance is necessary due to the ongoing COVID-19 pandemic, as well as the health and
21 unavailability of Plaintiff, which caused unforeseeable and unavoidable delays in the completion of
22 discovery;
23 If the relief requested is not granted until after a formally noticed hearing, the parties will face
24 irreparable harm in the form of inability to properly defend themselves at trial against claims of
25 intentional tort where punitive damages have been prayed for by the plaintiff.
26 Notice of this ex parte application was provided to all counsel via email.
27 This ex parte application consists of the attached Memorandum of Points and Authorities, the
28 Declaration of Rikus Locati, the stipulation of the parties and the pleadings and records on file, and
BREMER WHYTE BROWN &
O’MEARA LLP
300 FRANK H. OGAWA PL.
2
SUITE 355
OAKLAND, CA 94612
EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL DATE BY STIPULATION
(510) 540-4881
1346.029 4823-5446-2962.1
1 such further argument as shall be presented at the hearing.
2
3 Dated: July 13, 2021 BREMER WHYTE BROWN & O’MEARA LLP
4
5 By:
Raymond Meyer Jr.
6 Rikus R. Locati
Attorneys for Defendants
7 CAL PACIFIC CONSTRUCTION, INC.
and CARMEN BORROMEO
8
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18
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BREMER WHYTE BROWN &
O’MEARA LLP
300 FRANK H. OGAWA PL.
3
SUITE 355
OAKLAND, CA 94612
EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL DATE BY STIPULATION
(510) 540-4881
1346.029 4823-5446-2962.1
Preview
1 BREMER WHYTE BROWN & O’MEARA LLP 2 Raymond Meyer Jr., State Bar No. 176235 rmeyer@bremerwhyte.com ELECTRONICALLY 3 Rikus R. Locati, State Bar No. 314901 rlocati@bremerwhyte.com FILED Superior Court of California, 4 300 Frank H. Ogawa Plaza, Suite 355 County of San Francisco Oakland, CA 94612 07/14/2021 5 Telephone: (510) 540-4881 Clerk of the Court Facsimile: (510) 540-4889 BY: EDNALEEN ALEGRE Deputy Clerk 6 Attorneys for Defendants, 7 CAL PACIFIC CONSTRUCTION, INC. and CARMEN BORROMEO 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 MARY DIESCH, ) Case No. CGC-20-585978 12 ) Plaintiff, ) EX PARTE APPLICATION FOR 13 ) ORDER TO CONTINUE TRIAL DATE vs. ) BY STIPULATION 14 ) CAL-PACIFIC CONSTRUCTION, INC., ) Date: July 15, 2021 15 CARMEN BORROMEO, and DOES 1 through ) Time: 11:00 a.m. 20, inclusive, ) Dept: 206 16 ) ) 17 Defendants. ) Complaint Filed: August 14, 2020 ) Trial Date: September 27, 2021 18 19 TO THE COURT AND PLAINTIFF AND COUNSEL OF RECORD: 20 NOTICE IS HEREBY GIVEN that on July 15, 2021 at 11:00 a.m., or as soon thereafter as 21 counsel may be heard, in Department 206 of the above-entitled Court located at 400 McAllister 22 Street, San Francisco, California, defendants CAL-PACIFIC CONSTRUCTION, INC. and 23 CARMEN BORROMEO will, and hereby do, move this Court ex parte for an Order continuing the 24 trial pursuant to stipulation of the parties and all trial-related deadlines in this matter pursuant to 25 California Rules of Court § 3.1332 and § 3.1200 et seq, from September 27, 2021 to January 31, 26 2022, or a date thereafter convenient for the court. 27 \\\ 28 \\\ BREMER WHYTE BROWN & O’MEARA LLP 300 FRANK H. OGAWA PL. SUITE 355 OAKLAND, CA 94612 EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL DATE BY STIPULATION (510) 540-4881 1346.029 4823-5446-2962.1 1 California Code of Civil Procedure §166 states in relevant part: “(a) the judge of the superior 2 courts may, in chambers: (1) Grant all orders and writs which are usually granted in the first instance 3 upon an ex parte application and hear and dispose of those orders and writs.” Pursuant to California 4 Rules of Court, Rule 3.1332(b) a party seeking a continuance of the date set for trial, whether 5 contested or uncontested or stipulated by the parties, must make the request for a continuance by a 6 noticed motion or an ex parte application under the rules in chapter 4 of this division, with 7 supporting declarations. 8 This ex parte application is made pursuant to Government Code section 68115, state and local 9 general orders regarding COVID-19, California Rules of Court, Rules 3.1200 through 3.1207, 10 and 3.1332 et. seq., San Francisco County Local Rules, Rule 6.0 and the Judicial Council’s 11 emergency orders. 12 The grounds for the ex parte application are found in the unavailability of essential witnesses 13 and evidence due to excusable circumstances and the defendants’ excusable inability to obtain 14 essential testimony, documents, and other material despite diligent efforts. 15 1. Jury Trial is currently set for September 27, 2021; 16 2. The parties have stipulated to the continuance of the trial to January 31, 2022 or a date 17 thereafter convenient to the court; 18 3. No prior continuances of the trial have been granted; 19 4. No parties will be prejudiced by the Court’s granting of this Request to continue trial; 20 5. Continuance is necessary due to the ongoing COVID-19 pandemic, as well as the health and 21 unavailability of Plaintiff, which caused unforeseeable and unavoidable delays in the completion of 22 discovery; 23 If the relief requested is not granted until after a formally noticed hearing, the parties will face 24 irreparable harm in the form of inability to properly defend themselves at trial against claims of 25 intentional tort where punitive damages have been prayed for by the plaintiff. 26 Notice of this ex parte application was provided to all counsel via email. 27 This ex parte application consists of the attached Memorandum of Points and Authorities, the 28 Declaration of Rikus Locati, the stipulation of the parties and the pleadings and records on file, and BREMER WHYTE BROWN & O’MEARA LLP 300 FRANK H. OGAWA PL. 2 SUITE 355 OAKLAND, CA 94612 EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL DATE BY STIPULATION (510) 540-4881 1346.029 4823-5446-2962.1 1 such further argument as shall be presented at the hearing. 2 3 Dated: July 13, 2021 BREMER WHYTE BROWN & O’MEARA LLP 4 5 By: Raymond Meyer Jr. 6 Rikus R. Locati Attorneys for Defendants 7 CAL PACIFIC CONSTRUCTION, INC. and CARMEN BORROMEO 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & O’MEARA LLP 300 FRANK H. OGAWA PL. 3 SUITE 355 OAKLAND, CA 94612 EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL DATE BY STIPULATION (510) 540-4881 1346.029 4823-5446-2962.1