Preview
1 BREMER WHYTE BROWN & O’MEARA LLP
Raymond Meyer Jr., State Bar No. 176235
2 rmeyer@bremerwhyte.com
Rikus Locati, State Bar No. 314901 ELECTRONICALLY
3 rlocati@bremerwhyte.com
300 Frank H. Ogawa Plaza, Suite 355
FILED
Superior Court of California,
4 Oakland, CA 94612 County of San Francisco
Telephone: (510) 540-4881 12/02/2021
5 Facsimile: (510) 540-4889 Clerk of the Court
BY: SANDRA SCHIRO
Deputy Clerk
6 Attorneys for Defendants,
CAL PACIFIC CONSTRUCTION, INC. and CARMEN
7 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, ) DECLARATION OF RIKUS LOCATI IN
) SUPPORT OF DEFENDANTS CAL-
13 vs. ) PACIFIC CONSTRUCTION, INC. AND
) CARMEN BORROMEO’S EX PARTE
14 CAL-PACIFIC CONSTRUCTION, INC., ) APPLICATION TO CONTINUE TRIAL
CARMEN BORROMEO, and DOES 1 through ) PURSUANT TO STIPULATION OF
15 20, inclusive, ) THE PARTIES
)
16 ) Date: December 3, 2021
Defendants. ) Time: 11:00 a.m.
17 ) Dept: 206
)
18
Complaint Filed: August 14, 2020
19 Trial Date: January 31, 2022
20
I, Rikus Locati, declare as follows:
21
1. I am an attorney at law licensed to practice before the courts of the State of
22
California, and an associate of the law firm of Bremer, Whyte, Brown & O’Meara LLP, counsel of
23
record for Defendants CAL-PACIFIC CONSTRUCTION, INC. and CARMEN BORROMEO
24
(“DEFENDANTS”) in the above-captioned matter. If called as a witness, I could and would
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competently testify to the following facts, all within my own personal knowledge, and to which I
26
could competently testify thereto.
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2. This Declaration is submitted in support of DEFENDANTS’ Ex Parte Application
28
BREMER WHYTE BROWN &
O’MEARA LLP
300 FRANK H. OGAWA PL.
SUITE 355
OAKLAND, CA 94612
DECLARATION OF RIKUS LOCATI IN SUPPORT OF EX PARTE APPLICATION TO CONTINUE
(510) 540-4881 TRIAL DATE PURSUANT TO STIPULATION
1 to Continue the Trial Date Pursuant to Stipulation of the Parties.
2 3. On November 2, 2021, DEFENDANTS provided Notice to all parties of its intent to
3 bring this Ex Parte Application via email. A true and correct copy of this Notice is attached hereto
4 as Exhibit A.
5 4. No parties to this action have opposed or raised any opposition of which I am aware
6 to this Ex Parte Application as of time and date of filing. All parties have responded to indicate
7 they have no objection or opposition to this Ex Parte Application and intend to appear at the Ex
8 Parte hearing.
9 5. The parties in the above-captioned action, by and through their counsel of record,
10 have all entered into a Stipulation and [Proposed] Order to Continue Trial. A true and correct copy
11 of the fully executed stipulation is attached hereto as Exhibit B.
12 6. Good cause exists to enter the Stipulation and [Proposed] Order to Continue Trial as
13 follows:
14 a. There has been only one previous trial continuance in this matter for approximately
15 120 days, due to unavoidable delays in conducting Plaintiff’s deposition due to her health.
16 b. The Parties agree that a mere minimum 60-day continuance of trial is necessary to
17 allow time for the completion of expert discovery, trial preparation, participation by the parties, and
18 in particular meaningful settlement negotiations that allow for dispute resolution that does not
19 waste valuable Court resources;
20 c. The unavailability of mediators for meaningful settlement negotiations was
21 unavoidable and unforeseeable – in fact, the parties are on their third choice mediator (Mike Ney)
22 with the first two upon which they agreed not being available for a single session until long after
23 the current trial date. The unavailability of the information regarding the remaining lay witnesses
24 was also unavoidable and unforeseeable to both parties. These lay witnesses were either discovered
25 during defendant’s deposition (and who at this time is avoiding all attempts at contact), or revealed
26 in plaintiff’s responses to Special Interrogatories, served November 30, 2021.
27 d. The Parties agree that a continuance of motion and trial-related deadlines is
28 necessary in the interests of justice (all discovery cut-off and expert witness disclosure dates will
BREMER WHYTE BROWN &
O’MEARA LLP
300 FRANK H. OGAWA PL.
2
SUITE 355
OAKLAND, CA 94612
DECLARATION OF RIKUS LOCATI IN SUPPORT OF EX PARTE APPLICATION TO CONTINUE
(510) 540-4881 TRIAL DATE PURSUANT TO STIPULATION
1 remain based on the current January 31, 2022 trial date, except as to the depositions of specific lay
2 witnesses and updated medical records;
3 e. The Parties agree that the proposed stipulated order is in the interests of judicial
4 economy, preservation of the Parties’ and the Court’s resources, and justice; and, that proceeding
5 with trial as currently set will severely prejudice all Parties to this litigation, and waste the limited
6 resources of this Court.
7 f. The Parties respectfully request that the Court continue the current trial date of
8 January 31, 2022 until April 4, 2022 or a date thereafter convenient for the Court;
9 I declare under penalty of perjury under the laws of the state of California that the foregoing
10 is true and correct.
11 Executed this 2nd day of December, 2021, at Oakland, California.
12
13
14 ___________________________
Rikus Locati
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24
25
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BREMER WHYTE BROWN &
O’MEARA LLP
300 FRANK H. OGAWA PL.
3
SUITE 355
OAKLAND, CA 94612
DECLARATION OF RIKUS LOCATI IN SUPPORT OF EX PARTE APPLICATION TO CONTINUE
(510) 540-4881 TRIAL DATE PURSUANT TO STIPULATION
EXHIBIT A
. 0.0
From: Rikus R. Locati
To: William Johnson
Cc: Ashley Guzman; Shekiba Johnson
Subject: RE: Diesch v. Cal Pacific | 1346.029
Date: Thursday, December 02, 2021 9:46:43 AM
Attachments: image001.png
XP Notice.pdf
Bill,
Attached please find our Notice of Ex Parte Application. As it states, if you have any objections
whatsoever, please let us know immediately. Also, if you could please confirm your assent and
availability for the Ex Parte hearing tomorrow at 11:00 a.m., that would be perfect. Thank you for
your time.
Regards,
Rikus R. Locati
Bremer Whyte Brown & O'Meara, LLP | Oakland, CA
d: 510-929-1562
t: 510.540.4881
f: 510.540.4889
From: Rikus R. Locati
Sent: Thursday, December 2, 2021 8:25 AM
To: William Johnson
Cc: Ashley Guzman ; Shekiba Johnson
Subject: Diesch v. Cal Pacific | 1346.029
Bill,
Attached please find a draft of the Stipulation we discussed yesterday. If you could please
edit/advise as to any changes you prefer, I will complete the Ex Parte Application materials and have
those to you this morning by 10:00 a.m. so we can be on the Friday, December 3rd Department 206
calendar for 11 a.m. Thank you very much for your professional courtesy in this matter.
Regards,
Rikus R. Locati
Bremer Whyte Brown & O'Meara, LLP
300 Frank H Ogawa Plaza, Suite 355
Oakland, CA 94612
e: rlocati@bremerwhyte.com
d: 510-929-1562
t: 510.540.4881
f: 510.540.4889
www.bremerwhyte.com
1 BREMER WHYTE BROWN & O’MEARA LLP
Raymond Meyer Jr., State Bar No. 176235
2 rmeyer@bremerwhyte.com
Rikus Locati, State Bar No. 314901
3 rlocati@bremerwhyte.com
300 Frank H. Ogawa Plaza, Suite 355
4 Oakland, CA 94612
Telephone: (510) 540-4881
5 Facsimile: (510) 540-4889
6 Attorneys for Defendants,
CAL PACIFIC CONSTRUCTION, INC. and CARMEN
7 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, ) DEFENDANTS CAL PACIFIC
) CONSTRUCTION, INC. AND CARMEN
13 vs. ) BORROMEO’S NOTICE OF EX PARTE
) APPLICATION TO CONTINUE TRIAL
14 CAL-PACIFIC CONSTRUCTION, INC., ) PURSUANT TO STIPULATION OF
CARMEN BORROMEO, and DOES 1 through ) THE PARTIES
15 20, inclusive, )
)
16 ) Date: December 3, 2021
Defendants. ) Time: 11:00 a.m.
17 ) Dept: 206
)
18
Complaint Filed: August 14, 2020
19 Trial Date: January 31, 2022
20
TO ALL PARTIES:
21
PLEASE TAKE NOTICE that Defendants CAL PACIFIC CONSTRUCTION, INC. and
22
CARMEN BORROMEO (“DEFENDANTS”) will submit an ex parte application for consideration
23
by the Court pursuant to Department 206 and San Francisco local procedures and local rules of
24
Court at the date and time outlined above.
25
DEFENDANTS will respectfully apply to the Court for an ex parte order to Continue the
26
Trial Date and only trial-related dates pursuant to the Stipulation of all parties of record (parties are
27
not requesting any continuance of factual discovery or expert disclosure deadlines other than to
28
BREMER WHYTE BROWN &
O’MEARA LLP
300 FRANK H. OGAWA PL.
SUITE 355
DEFENDANTS CAL PACIFIC CONSTRUCTION, INC. AND CARMEN BORROMEO’S NOTICE OF EX PARTE APPLICATION TO
OAKLAND, CA 94612 CONTINUE TRIAL PURSUANT TO STIPULATION OF THE PARTIES
(510) 540-4881
1346.029 4872-4851-5333.1
1 agree to take the depositions of lay witnesses). Pursuant to California Rules of Court, Rule
2 3.1332(b), a party seeking a continuance of the date set for trial, whether contested or uncontested
3 or stipulated by the parties, must make the request for a continuance by a noticed motion or an ex
4 parte application under the rules in chapter 4 of this division, with supporting declarations.
5 Additionally, pursuant to California Rules of Court, Rules 3.1202 and 3.1204, the Court is granted
6 authority over regulation of its proceedings and the discretion to prescribe a shorter time for notice
7 and hearing a motion when good cause exists.
8 Good cause exists for granting the relief sought on an ex parte basis for the following
9 reasons:
10 No parties will be prejudiced by the granting of this Application;
11 The parties in the above-captioned action, by and through their counsel of record,
12 have all entered into a Stipulation and [Proposed] Order to Continue Trial.
13 Good cause exists to enter the Stipulation and [Proposed] Order to Continue Trial as
14 follows:
15 The Parties agree that a mere minimum 60-day continuance of trial is necessary to
16 allow time for the completion of trial preparation, participation by the parties, and
17 meaningful settlement negotiations, including a mediation already scheduled for December
18 23, 2021;
19 The Parties note that should the mediation on December 23, 2021 not lead to
20 settlement (as expert depositions will not yet have occurred), the only mediation dates
21 remaining for mediators are after the current trial date, and the parties wish to resolve this
22 matter without wasting judicial resources;
23 Due to the ongoing issues with Plaintiff’s health and the availability of Plaintiff for
24 deposition, despite diligent efforts by Counsel, the depositions of essential lay witnesses
25 still need to occur;
26 The Parties agree that a continuance of only some corresponding deadlines related to
27 the trial date, including only motion cutoffs, is necessary in the interests of justice;
28 The Parties agree that the proposed stipulated order is in the interests of judicial
BREMER WHYTE BROWN &
O’MEARA LLP
300 FRANK H. OGAWA PL.
SUITE 355 1
OAKLAND, CA 94612
(510) 540-4881
DEFENDANTS CAL PACIFIC CONSTRUCTION, INC. AND CARMEN BORROMEO’S NOTICE OF EX PARTE APPLICATION TO
CONTINUE TRIAL PURSUANT TO STIPULATION OF THE PARTIES
1346.029 4872-4851-5333.1
1 economy, preservation of both the Parties’ and the Courts’ resources, and justice; and, that
2 proceeding with trial as currently set will severely prejudice all Parties to the litigation as
3 well as percipient witnesses.
4 If the relief requested is not granted until after a formally noticed hearing, the Parties will
5 face irreparable harm in the form of Plaintiff’s inability to properly mount a case and all
6 Defendants’ inability to properly defend themselves at trial against Plaintiff’s claims.
7 If any party receiving this Notice has any opposition to this application, please respond
8 immediately.
9 Dated: December 2, 2021 BREMER WHYTE BROWN & O’MEARA LLP
10
11
12
By:
13 Raymond Meyer Jr.
Rikus Locati
14 Attorneys for Defendants CAL PACIFIC
CONSTRUCTION, INC. and CARMEN
15 BORROMEO
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BREMER WHYTE BROWN &
O’MEARA LLP
300 FRANK H. OGAWA PL.
SUITE 355 2
OAKLAND, CA 94612
(510) 540-4881
DEFENDANTS CAL PACIFIC CONSTRUCTION, INC. AND CARMEN BORROMEO’S NOTICE OF EX PARTE APPLICATION TO
CONTINUE TRIAL PURSUANT TO STIPULATION OF THE PARTIES
1346.029 4872-4851-5333.1
EXHIBIT B
Preview
1 BREMER WHYTE BROWN & O’MEARA LLP Raymond Meyer Jr., State Bar No. 176235 2 rmeyer@bremerwhyte.com Rikus Locati, State Bar No. 314901 ELECTRONICALLY 3 rlocati@bremerwhyte.com 300 Frank H. Ogawa Plaza, Suite 355 FILED Superior Court of California, 4 Oakland, CA 94612 County of San Francisco Telephone: (510) 540-4881 12/02/2021 5 Facsimile: (510) 540-4889 Clerk of the Court BY: SANDRA SCHIRO Deputy Clerk 6 Attorneys for Defendants, CAL PACIFIC CONSTRUCTION, INC. and CARMEN 7 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, ) DECLARATION OF RIKUS LOCATI IN ) SUPPORT OF DEFENDANTS CAL- 13 vs. ) PACIFIC CONSTRUCTION, INC. AND ) CARMEN BORROMEO’S EX PARTE 14 CAL-PACIFIC CONSTRUCTION, INC., ) APPLICATION TO CONTINUE TRIAL CARMEN BORROMEO, and DOES 1 through ) PURSUANT TO STIPULATION OF 15 20, inclusive, ) THE PARTIES ) 16 ) Date: December 3, 2021 Defendants. ) Time: 11:00 a.m. 17 ) Dept: 206 ) 18 Complaint Filed: August 14, 2020 19 Trial Date: January 31, 2022 20 I, Rikus Locati, declare as follows: 21 1. I am an attorney at law licensed to practice before the courts of the State of 22 California, and an associate of the law firm of Bremer, Whyte, Brown & O’Meara LLP, counsel of 23 record for Defendants CAL-PACIFIC CONSTRUCTION, INC. and CARMEN BORROMEO 24 (“DEFENDANTS”) in the above-captioned matter. If called as a witness, I could and would 25 competently testify to the following facts, all within my own personal knowledge, and to which I 26 could competently testify thereto. 27 2. This Declaration is submitted in support of DEFENDANTS’ Ex Parte Application 28 BREMER WHYTE BROWN & O’MEARA LLP 300 FRANK H. OGAWA PL. SUITE 355 OAKLAND, CA 94612 DECLARATION OF RIKUS LOCATI IN SUPPORT OF EX PARTE APPLICATION TO CONTINUE (510) 540-4881 TRIAL DATE PURSUANT TO STIPULATION 1 to Continue the Trial Date Pursuant to Stipulation of the Parties. 2 3. On November 2, 2021, DEFENDANTS provided Notice to all parties of its intent to 3 bring this Ex Parte Application via email. A true and correct copy of this Notice is attached hereto 4 as Exhibit A. 5 4. No parties to this action have opposed or raised any opposition of which I am aware 6 to this Ex Parte Application as of time and date of filing. All parties have responded to indicate 7 they have no objection or opposition to this Ex Parte Application and intend to appear at the Ex 8 Parte hearing. 9 5. The parties in the above-captioned action, by and through their counsel of record, 10 have all entered into a Stipulation and [Proposed] Order to Continue Trial. A true and correct copy 11 of the fully executed stipulation is attached hereto as Exhibit B. 12 6. Good cause exists to enter the Stipulation and [Proposed] Order to Continue Trial as 13 follows: 14 a. There has been only one previous trial continuance in this matter for approximately 15 120 days, due to unavoidable delays in conducting Plaintiff’s deposition due to her health. 16 b. The Parties agree that a mere minimum 60-day continuance of trial is necessary to 17 allow time for the completion of expert discovery, trial preparation, participation by the parties, and 18 in particular meaningful settlement negotiations that allow for dispute resolution that does not 19 waste valuable Court resources; 20 c. The unavailability of mediators for meaningful settlement negotiations was 21 unavoidable and unforeseeable – in fact, the parties are on their third choice mediator (Mike Ney) 22 with the first two upon which they agreed not being available for a single session until long after 23 the current trial date. The unavailability of the information regarding the remaining lay witnesses 24 was also unavoidable and unforeseeable to both parties. These lay witnesses were either discovered 25 during defendant’s deposition (and who at this time is avoiding all attempts at contact), or revealed 26 in plaintiff’s responses to Special Interrogatories, served November 30, 2021. 27 d. The Parties agree that a continuance of motion and trial-related deadlines is 28 necessary in the interests of justice (all discovery cut-off and expert witness disclosure dates will BREMER WHYTE BROWN & O’MEARA LLP 300 FRANK H. OGAWA PL. 2 SUITE 355 OAKLAND, CA 94612 DECLARATION OF RIKUS LOCATI IN SUPPORT OF EX PARTE APPLICATION TO CONTINUE (510) 540-4881 TRIAL DATE PURSUANT TO STIPULATION 1 remain based on the current January 31, 2022 trial date, except as to the depositions of specific lay 2 witnesses and updated medical records; 3 e. The Parties agree that the proposed stipulated order is in the interests of judicial 4 economy, preservation of the Parties’ and the Court’s resources, and justice; and, that proceeding 5 with trial as currently set will severely prejudice all Parties to this litigation, and waste the limited 6 resources of this Court. 7 f. The Parties respectfully request that the Court continue the current trial date of 8 January 31, 2022 until April 4, 2022 or a date thereafter convenient for the Court; 9 I declare under penalty of perjury under the laws of the state of California that the foregoing 10 is true and correct. 11 Executed this 2nd day of December, 2021, at Oakland, California. 12 13 14 ___________________________ Rikus Locati 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 DECLARATION OF RIKUS LOCATI IN SUPPORT OF EX PARTE APPLICATION TO CONTINUE (510) 540-4881 TRIAL DATE PURSUANT TO STIPULATION EXHIBIT A . 0.0 From: Rikus R. Locati To: William Johnson Cc: Ashley Guzman; Shekiba Johnson Subject: RE: Diesch v. Cal Pacific | 1346.029 Date: Thursday, December 02, 2021 9:46:43 AM Attachments: image001.png XP Notice.pdf Bill, Attached please find our Notice of Ex Parte Application. As it states, if you have any objections whatsoever, please let us know immediately. Also, if you could please confirm your assent and availability for the Ex Parte hearing tomorrow at 11:00 a.m., that would be perfect. Thank you for your time. Regards, Rikus R. Locati Bremer Whyte Brown & O'Meara, LLP | Oakland, CA d: 510-929-1562 t: 510.540.4881 f: 510.540.4889 From: Rikus R. Locati Sent: Thursday, December 2, 2021 8:25 AM To: William Johnson Cc: Ashley Guzman ; Shekiba Johnson Subject: Diesch v. Cal Pacific | 1346.029 Bill, Attached please find a draft of the Stipulation we discussed yesterday. If you could please edit/advise as to any changes you prefer, I will complete the Ex Parte Application materials and have those to you this morning by 10:00 a.m. so we can be on the Friday, December 3rd Department 206 calendar for 11 a.m. Thank you very much for your professional courtesy in this matter. Regards, Rikus R. Locati Bremer Whyte Brown & O'Meara, LLP 300 Frank H Ogawa Plaza, Suite 355 Oakland, CA 94612 e: rlocati@bremerwhyte.com d: 510-929-1562 t: 510.540.4881 f: 510.540.4889 www.bremerwhyte.com 1 BREMER WHYTE BROWN & O’MEARA LLP Raymond Meyer Jr., State Bar No. 176235 2 rmeyer@bremerwhyte.com Rikus Locati, State Bar No. 314901 3 rlocati@bremerwhyte.com 300 Frank H. Ogawa Plaza, Suite 355 4 Oakland, CA 94612 Telephone: (510) 540-4881 5 Facsimile: (510) 540-4889 6 Attorneys for Defendants, CAL PACIFIC CONSTRUCTION, INC. and CARMEN 7 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, ) DEFENDANTS CAL PACIFIC ) CONSTRUCTION, INC. AND CARMEN 13 vs. ) BORROMEO’S NOTICE OF EX PARTE ) APPLICATION TO CONTINUE TRIAL 14 CAL-PACIFIC CONSTRUCTION, INC., ) PURSUANT TO STIPULATION OF CARMEN BORROMEO, and DOES 1 through ) THE PARTIES 15 20, inclusive, ) ) 16 ) Date: December 3, 2021 Defendants. ) Time: 11:00 a.m. 17 ) Dept: 206 ) 18 Complaint Filed: August 14, 2020 19 Trial Date: January 31, 2022 20 TO ALL PARTIES: 21 PLEASE TAKE NOTICE that Defendants CAL PACIFIC CONSTRUCTION, INC. and 22 CARMEN BORROMEO (“DEFENDANTS”) will submit an ex parte application for consideration 23 by the Court pursuant to Department 206 and San Francisco local procedures and local rules of 24 Court at the date and time outlined above. 25 DEFENDANTS will respectfully apply to the Court for an ex parte order to Continue the 26 Trial Date and only trial-related dates pursuant to the Stipulation of all parties of record (parties are 27 not requesting any continuance of factual discovery or expert disclosure deadlines other than to 28 BREMER WHYTE BROWN & O’MEARA LLP 300 FRANK H. OGAWA PL. SUITE 355 DEFENDANTS CAL PACIFIC CONSTRUCTION, INC. AND CARMEN BORROMEO’S NOTICE OF EX PARTE APPLICATION TO OAKLAND, CA 94612 CONTINUE TRIAL PURSUANT TO STIPULATION OF THE PARTIES (510) 540-4881 1346.029 4872-4851-5333.1 1 agree to take the depositions of lay witnesses). Pursuant to California Rules of Court, Rule 2 3.1332(b), a party seeking a continuance of the date set for trial, whether contested or uncontested 3 or stipulated by the parties, must make the request for a continuance by a noticed motion or an ex 4 parte application under the rules in chapter 4 of this division, with supporting declarations. 5 Additionally, pursuant to California Rules of Court, Rules 3.1202 and 3.1204, the Court is granted 6 authority over regulation of its proceedings and the discretion to prescribe a shorter time for notice 7 and hearing a motion when good cause exists. 8 Good cause exists for granting the relief sought on an ex parte basis for the following 9 reasons: 10 No parties will be prejudiced by the granting of this Application; 11 The parties in the above-captioned action, by and through their counsel of record, 12 have all entered into a Stipulation and [Proposed] Order to Continue Trial. 13 Good cause exists to enter the Stipulation and [Proposed] Order to Continue Trial as 14 follows: 15 The Parties agree that a mere minimum 60-day continuance of trial is necessary to 16 allow time for the completion of trial preparation, participation by the parties, and 17 meaningful settlement negotiations, including a mediation already scheduled for December 18 23, 2021; 19 The Parties note that should the mediation on December 23, 2021 not lead to 20 settlement (as expert depositions will not yet have occurred), the only mediation dates 21 remaining for mediators are after the current trial date, and the parties wish to resolve this 22 matter without wasting judicial resources; 23 Due to the ongoing issues with Plaintiff’s health and the availability of Plaintiff for 24 deposition, despite diligent efforts by Counsel, the depositions of essential lay witnesses 25 still need to occur; 26 The Parties agree that a continuance of only some corresponding deadlines related to 27 the trial date, including only motion cutoffs, is necessary in the interests of justice; 28 The Parties agree that the proposed stipulated order is in the interests of judicial BREMER WHYTE BROWN & O’MEARA LLP 300 FRANK H. OGAWA PL. SUITE 355 1 OAKLAND, CA 94612 (510) 540-4881 DEFENDANTS CAL PACIFIC CONSTRUCTION, INC. AND CARMEN BORROMEO’S NOTICE OF EX PARTE APPLICATION TO CONTINUE TRIAL PURSUANT TO STIPULATION OF THE PARTIES 1346.029 4872-4851-5333.1 1 economy, preservation of both the Parties’ and the Courts’ resources, and justice; and, that 2 proceeding with trial as currently set will severely prejudice all Parties to the litigation as 3 well as percipient witnesses. 4 If the relief requested is not granted until after a formally noticed hearing, the Parties will 5 face irreparable harm in the form of Plaintiff’s inability to properly mount a case and all 6 Defendants’ inability to properly defend themselves at trial against Plaintiff’s claims. 7 If any party receiving this Notice has any opposition to this application, please respond 8 immediately. 9 Dated: December 2, 2021 BREMER WHYTE BROWN & O’MEARA LLP 10 11 12 By: 13 Raymond Meyer Jr. Rikus Locati 14 Attorneys for Defendants CAL PACIFIC CONSTRUCTION, INC. and CARMEN 15 BORROMEO 16 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & O’MEARA LLP 300 FRANK H. OGAWA PL. SUITE 355 2 OAKLAND, CA 94612 (510) 540-4881 DEFENDANTS CAL PACIFIC CONSTRUCTION, INC. AND CARMEN BORROMEO’S NOTICE OF EX PARTE APPLICATION TO CONTINUE TRIAL PURSUANT TO STIPULATION OF THE PARTIES 1346.029 4872-4851-5333.1 EXHIBIT B