Preview
John S. Williamson, Bar No. 106485
Connie L. Benson, Bar No. 185680
WILLIAMSON LAW GROUP ELECTRONICALLY
Xerox Centre
1851 East 1st Street, Suite 1225
FILED
Superior Court of California,
Santa Ana, CA 92705 County of San Francisco
(657) 229-7400 10/19/2021
(657) 229-7444 Fax Clerk of the Court
BY: SANDRA SCHIRO
Attorneys for Defendant, Bubba Gump Shrimp Co. Restaurants, Inc. (erroneously named andClerk
Deputy served
as Bubba Gump Shrimp Company Restaurant, Inc.)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
JOSEPH GRANEY; ARLENI ROJAS, CASE NO. CGC-20-584133
Plaintiffs, DEFENDANT'S EX PARTE APPLICATION
TO CONTINUE TRIAL BY WAY OF
VS.
STIPULATION OF THE PARTIES OR, IN
THE ALTERNATIVE, FOR AN ORDER
BUBBA GUMP SHRIMP COMPANY SHORTENING TIME FOR A MOTION TO
RESTAURANT, INC., and DOES 1 to 30, CONTINUE TRIAL BY STIPULATION;
Inclusive, MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
Defendants. CONNIE L. BENSON, ESQ.
Date Filed: April 13, 2020
DATE: October 21, 2021
TIME: 11:00 a.m.
DEPT: 206
TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT ON October 21, 2021, at 11:00 a.m., in Department 206 o
the above-entitled court, located at 400 McAllister Street, San Francisco, CA 94102-4514, Defendant
BUBBA GUMP SHRIMP COMPANY RESTAURANTS, INC., will and hereby does make an EN
Parte Application to continue the trial date in this matter, presently set for November 8, 2021, to
February 14, 2022. or a date that is convenient to the court's calendar near that time. In the alternative
Defendant requests an order shortening time for a Motion to Continue the Trial by Stipulation to
EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION
noticed and heard.
This Ex Parte Application is brought pursuant to California Rule of Court, Rule 3.1332, and
is made on the grounds that good cause exists for the requested order, as follows:
1) The parties did very recently attend a first session of Mediation. Though the parties wer
not successful in resolution, they are continuing to attempt to settle the matter. The effect:
of the Pandemic and resulting closures on Defendant's restaurant business have mad
achieving settlement more difficult. The company is in the process of undergoing som
restructuring that will make the likelihood of resolving this matter short of Trial much mon.
realistic. As a result, the parties have discussed and agreed to request the Court move th
Trial for a limited period of time to allow for continued settlement efforts to occur without
the parties incurring expert witness fees and costs.
2) The first available date for a regularly noticed motion with the court was November 5,
2021, which is only three days prior to our currently scheduled Trial date. Waiting for
this date to arrive would force the parties to complete all expert discovery prior to the
motion being heard potentially causing undue expense to be incurred by all.
3) No prejudice will be suffered by any party or witness to this action as a result of the
continuance, and;
4) The parties have stipulated to the continuance subject to Court approval.
This Ex Parte Application will be based upon this Application, the Memorandum of Points and
Authorities attached hereto, the Declaration of Connie L. Benson, the Stipulation of the parties, ant
upon all records, pleadings and papers on file in this action, and upon such other evidence that may b.
presented at the hearing of the instant motion.
DATED: October 19, 2021 WILLIAMSON LAW GROUP
By: 9-4 -1
JOHN S. WILLIAMSON
CONNIE L. BENSON
Attorneys for Defendant,
Bubba Gump Shrimp Co. Restaurants, Inc.
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EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION
MEMORANDUM OF POINTS AND AUTHORITIES
I.
FACTUAL INTRODUCTION
This personal injury/premises liability matter arises out of a slip and fall incident Plaintiff
Joseph Graney, claims occurred at the Bubba Gump Shrimp Co. Restaurant located on the San
Francisco Pier. The alleged incident occurred on April 13, 2018. Mr. Graney's spouse Arleni Rojas
has filed a loss of consortium claim in connection with this incident.
Plaintiff's First Amended Complaint was filed on April 13, 2020. Defendant's Answer was
filed on or about July 1, 2020. Both the Complaint and Answer in this matter were filed after
Governor Newsom's California Executive Stay at Home Order was put in place as a result of the
COVID 19 pandemic. The original Trial date in this matter has been continued one time previously
for a period of six months to the current Trial date of November 8, 2021. On September 27, 2021,
the parties attended Mediation with Hon. Judge Simpson of ADR. While the matter did not resolve,
the parties continue to actively work towards resolution and Judge Simpson has agreed to facilitate
including a second session of mediation if necessary.
Plaintiffs and Defendant have stipulated to a second continuance of the Trial date as well as
all related discovery dates including experts. This will allow the parties to avoid the expense of
expert witness fees and trial preparation so that settlement discussions can continue and be more
fruitful.
LEGAL AUTHORITY
Califbrnia Rules of Court, Rule 3.1332 states as follows:
"(a) To ensure the prompt disposition of civil cases, the dates
assigned for a trial are firm. All parties and their counsel must
regard the date set for trial as certain.
(b) A party seeking continuance of the date set for trial,
whether contested or uncontested or stipulated to by the parties,
must make the request for a continuance by a noticed motion or an
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EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION
ex parte application, with supporting declarations. The party must
make the motion or application as soon as reasonably practical once
the necessity for continuance is discovered.
Section (d) of Rule 3.1332 discusses additional factors for the court to consider when deciding.
on a request for Trial continuance. They include:
"...a continuance should be granted only upon an affirmative
showing of good cause requiring the continuance. . . in ruling on a
motion for a continuance, the court should consider all matters
relevant to a proper determination of the motion, including the
court's file in the case and any supporting declarations concerning
the motion; the diligence of counsel, particularly in bringing the
emergency to the court's attention and to the attention of opposing
counsel at the first available opportunity and in attempting to
otherwise meet the emergency; the nature of any previous
continuances, extensions of time or other delay attributed to any
party; the proximity of the trial or hearing date; the condition of the
court's calendar and the availability of an earlier trial or hearing date
if the matter is ready for trial or hearing; whether the continuance
may properly be avoided by the substitution of attorneys or
witnesses, by the use of deposition in lieu of oral testimony, or by
the trailing of the matter for trial or hearing; whether the interests of
justice are best served by continuance of the trial or hearing of the
matter, or by imposing conditions on its continuance; and any other
fact or circumstance relevant to a fair determination of the motion."
In the present case, there has been one continuance of the Trial date that was requested on the
grounds of the pandemic's effect on the parties' ability to conduct discovery as quickly as normally
would have occurred. Since that original continuance, the parties have been working diligently and
cooperating to get discovery done as circumstances of the pandemic allow. The parties did very
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EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION
recently attend a first session of Mediation. Though the parties were not successful in resolution, they
are continuing to attempt to settle the matter. The effects of the Pandemic and resulting closures on
Defendant's restaurant business have made achieving settlement more difficult. The company is in
the process of undergoing some restructuring that will make the likelihood of resolving this matte'
short of Trial much more realistic. As a result, the parties have discussed and agreed to request th(
Court move the Trial for a limited period of time to allow for continued settlement efforts to occul
without the parties incurring expert witness fees and costs.
The parties have Stipulated to the continuance and there will be no prejudice to either party as
a result of this further brief continuance.
PROPER NOTICE WAS GIVEN FOR THE EX PARTE APPLICATION
California Rule of Court, Rule 3.1203, provides that, "A party seeking an ex parte order must
notify all parties no later than 10:00 a.m., the court day before the ex parte appearance, absent a
showing of exceptional circumstances that justify a shorter time for notice."
In this case, all involved parties received proper notice of the Ex Parte Application to continue
Trial and FSC dates. On October 18, 2021, counsel for Defendant, Connie L. Benson, sent email
correspondence to Plaintiff's attorney Jesse Fretwell, advising that an Ex Parte application would be
necessary and asking if Thursday, October 21, 2021, would be open on counsel's calendar to have
the matter heard. Counsel for Plaintiff advised via email that October 21, 2021, would be open and
available on his calendar. Subsequently, on October 18' 2021, at approximately 2:45 p.m., Plaintiff's
counsel, Jesse Fretwell, was again notified by email correspondence that the Ex Parte Application
would be made on October 21, 2021, at 11:00 a.m., in Dept. 206.
IV.
CONCLUSION
On the basis of the foregoing, it is respectfully requested the court continue the current Tria l
date to February 14, 2022, as requested by the parties or, in the alternative, to a date convenient to the
court's calendar. In the alternative, it is requested the Court set the matter for a Motion to Continue
the Trial date by way of Stipulation so that it may be heard with shortened notice.
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EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION
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DATED: October 19, 2021 WILLIAMSON LAW GROUP
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4 By:
JOHN S. WILLIAMSON
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CONNIE L. BENSON
6 Attorneys for Defendant,
Bubba Gump Shrimp Co. Restaurants, Inc.
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EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION
DECLARATION OF CONNIE L. BENSON
1, CONNIE L. BENSON, ESQ., hereby declare and say as follows:
I am an attorney duly licensed to practice law before all of the courts of the State of
California. I am a Senior Attorney at Williamson Law Group, counsel of record for Defendant,
Bubba Gump Shrimp Co., Restaurants, Inc.
I make this Declaration of my own personal knowledge unless otherwise stated as being
based upon information and belief. If called upon to do so I could and would, testify thereto.
The subject action was filed shortly after the Governor of California enacted statewide Stay
At Home Orders due to the Covid 19 pandemic. Defendant answered in July of 2020, while those
orders remained in effect. Further, Defendant is a restaurant was shut down most of 2020.
The parties sought one prior continuance of a period of six months due to a slow down of
discovery as a result of the pandemic. The parties have been cooperating and pursuing discovery
and attended a Mediation of this matter in September of 2021. The parties could not reach a
resolution of the matter, but have continued settlement discussions and our Mediator has agreed to
continue to assist in that effort.
As a result of the shut down due to the pandemic of the restaurant business, Defendant has
had more difficulty with reaching a settlement of this matter. The company is undergoing some
restructuring which will be complete in mid-December and should allow a better likelihood of this
matter settling short of Trial. The parties would like to avoid incurring expert fees and costs prior
the Trial date and therefore, have stipulated to this continuance to allow for further settlement
discussions.
Attached hereto as Exhibit "A" is a true and correct copy of a Stipulation to Continue Trial
in this matter signed by both parties. Per the Stipulation, the parties have agreed to a continuance to
February 14, 2022.
I contacted Counsel for Plaintiff, Jesse Fretwell via email correspondence on October 18,
2021, to advise that an Ex Pane Application would be needed due to the first Motion date available
on the court's calendar being November 5, 2021. Mr. Fretwell responded via email, that the date of
Thursday, October 21, 2021, would be open and available for him to attend an ex parte hearing.
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EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION
Subsequently, I sent another email to Mr. Fretwell on October 18, 2021, at 2:45 p.m., advising that
the Ex Pane Hearing would in fact go forward on Thursday, October 21, 2021, at 11:00 a.m... in
Dept. 206. (Attached hereto as Exhibit "B" is a true and correct copy of the email correspondence
regarding notice of this Ex Parte Application date and time).
I hereby declare under penalty of perjury, that the foregoing is true and correct.
Executed this 19' 1' day of October, 2021, in Santa Ana, California.
• 13.- tj /). -
CONNIE L. BENSON
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EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION
EXHIBIT "A"
John S. Williamson, Bar No. 106485
Connie L. Benson, Bar No. 185680
WILLIAMSON LAW GROUP
Xerox Centre
1851 East 1 Street, Suite 1225
Santa Ana, CA 92705
(657) 229-7400
(657) 229-7444 Fax
Attorneys for Defendant, Bubba Gump Shrimp Co. Restaurants, Inc. (erroneously named and served
as Bubba Gump Shrimp Company Restaurant, Inc.)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
JOSEPH GRANEY; ARLENI ROJAS, ) CASE NO. CGC-20-584133
)
Plaintiffs, ) STIPULATION TO CONTINUE TRIAL
) AND RELATED DATES
VS. )
)
BUBBA GUMP SHRIMP COMPANY )
RESTAURANT, INC., and DOES 1 to 30, ) Date Filed: April 13, 2020
)
Inclusive, )
)
)
Defendants. )
)
)
IT IS HEREBY STIPULATED, by and between the parties to this lawsuit, through their
respective attorneys of record, as follows:
1. Plaintiffs, JOSEPH GRANEY and ARLENI ROJAS, filed their First Amended
Complaint on April 13, 2020.
2. Defendant, BUBBA GUMP SHRIMP CO. RESTAURANTS, INC., filed an Answer
to the First Amended Complaint on or about July 1, 2020..
3. Trial was originally scheduled for April 12, 2021, in Dept. 610 of the above-entitled
Court.
SECOND STIPULATION TO CONTINUE TRIAL
4. This matter has been continued one time previously from April 12, 2021, to the current
date of November 8, 2021.
5. The parties attended a mediation in this matter before retired Hon. Alan Simpson with
ADR, on September 27, 2021. Though the matter did not resolve, the parties have continued to make
efforts toward resolution and Mr. Simpson has agreed to assist the parties further in a second
Mediation session.
6. In order to allow the parties to avoid incurring fees toward expert witness depositions
to further encourage resolution, the parties agree to short second continuance of the current Trial date,
to February 14, 2022.
7. The parties all agree that a continuance of the Trial date is warranted as they are
actively working towards resolution. The parties have been diligently litigating this case, but wish to
avoid expert expenses which are necessitated by the closeness of the current Trial date.
8. The parties wee that all discovery and motion cutoff dates, including expert
discovery will be based on the new Trial date.
DATED: 0// (0- / WILLIAMSON LAW GROUP
By:
JOHN S. WILLIAMSON
CONNIE L. BENSON
Attorneys for Defendant,
Bubba Gump Shrimp Co. Restaurants, inc.
DATED: /C0/74 FREEDMAN LAIV
By:
JESSE R. F •T ELL
Attorneys f P intiffs,
Joseph G ey and Arleni Rojas
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SECOND STIPULATION TO CONTINUE TRIAL
EXHIBIT B
Connie Benson
From: Connie Benson
Sent: Monday, October 18, 2021 3:01 PM
To: Jesse Fretwell
Cc: Karla Ybarra; Sherry Ackerman; Jack Williamson
Subject: RE: Graney v. Bubba Gump
Jesse:
I was able to get the paperwork ready so we will be going in ex parte on Thursday, October 21, 2021 at 11:00 a.m., in
Dept. 206. I will be appearing remotely. Once the paperwork is finalized, I will have my Legal Assistant send you a copy
but I'm simply asking the court to continue the trial by way of our stipulation or in the alternative set a motion on
shortened time for the trial to be continued. Let me know if you have any questions.
Connie
Connie L. Benson, Esq.
WILLIAMSON LAW GROUP
1851 E. First St., Suite 1225
Santa Ana, CA 92705
Telephone: (657) 229-7400/FAX: (657) 229-7444
Cellular: (714) 328-9755
Email: cbenson@williamsonlawgroup.net
CONFIDENTIALITY STATEMENT
This electronic message contains information from the WILLIAMSON LAW GROUP, and is confidential or privileged. The
information is intended to be for the use of the individual or entity named above. If you are not the intended recipient,
be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have
received this electronic message in error, please notify us immediately by telephone at 11_557) 229-7400.
From: Jesse Fretwell KlesseF@FreedmanLaw.com >
Sent: Monday, October 18, 2021 10:26 AM
To: Connie Benson
Cc: Karla Ybarra ; Sherry Ackerman ; Jack
Williamson
Subject: RE: Graney v. Bubba Gump
Thank you
From: Connie Benson
Sent: Monday, October 18, 2021 9:12 AM
To: Jesse Fretwell
Cc: Karla Ybarra ; Sherry Ackerman ; Jack
Williamson
Subject: RE: Graney v. Bubba Gump
Thanks Jesse, I'm going to try to get the paperwork completed today or tomorrow so we will plan for Thursday morning
and I'll have my legal assistant get you the rest of the info.
Connie
Connie L. Benson, Esq.
WtalAMSON LAW GROUP
1851 E. First St , Suite 1225
Santa Ana, CA 92705
Telephone: (657) 229-7400/FAX: (657) 229-7444
Cellular: (714) 328-9755
Email cbenson@williarnsonlawgroup.net
CONFIDENTIALITY STATEMENT
This electronic message contains information from the WILLIAMSON LAW GROUP, and is confidential or privileged. The
information is intended to be for the use of the individual or entity named above. If you are not the intended recipient,
be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have
received this electronic message in error, please notify us immediately by telephone at (657) 229-7400,
From: Jesse Fretwell
Sent: Monday, October 18, 2021 9:07 AM
To: Connie Benson
Cc: Karla Ybarra ; Sherry Ackerman ; Jack
Williamson
Subject: Re: Graney v. Bubba Gump
I'm totally open. I had a trial that was supposed to start today that settled on Friday at the last minute, so I'm good for
the ex parte.
Just let me know the time and place.
Get Outlook for iOS
From: Connie Benson
Sent: Monday, October 18, 2021 9:05:20 AM
To: Jesse Fretwell
Cc: Karla Ybarra ; Jack
Williamson qvilliamson@witliamsonlawgromnet>
Subject: Graney v. Bubba Gump
Jesse:
We tried to reserve a hearing date for our Motion to Continue the Trial. The soonest we could get is November 5 th
which is just three days prior to our Trial date. As such, I think I need to make an ex parte application for the
continuance or an order shortening time in the alternative. Would you be available for that on Thursday? Let me
know. Thanks.
Connie
Connie L. Benson, Esq.
WILLIAMSON LAW GROUP
1851 E. First St., Suite 1225
Santa Ana, CA 92705
Telephone: (657) 229-7400/FAX: (657j 229-7444
Cellular: (714) 328-9755
Email: cbenson@williarnsonlawgroup.net
CONFIDENTIALITY STATEMENT
This electronic message contains information from the WILLIAMSON LAW GROUP, and is confidential or privileged. The
information is intended to be for the use of the individual or entity named above. If you are not the intended recipient,
be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have
received this electronic message in error, please notify us immediately by telephone at (657) 229-7400.
3
PROOF OF SERVICE
I am employed in the County of Orange, State of California. I am over the age of 18 and no
a party to the within action. My business address is 1851 East ls t Street, Suite 1225, Santa Ana, Californi
92705.
On October 19, 2021 1 served the following document(s) by emailing a true and correct cop
thereof addressed to all interested parties as listed below:
DOCUMENT(S):
DEFENDANT'S EX PARTE APPLICATION TO CONTINUE TRIAL BY WAY OF
STIPULATION OF THE PARTIES OR, IN THE ALTERNATIVE, FOR AN ORDER
SHORTENING TIME FOR A MOTION TO CONTINUE TRIAL BY STIPULATION;
MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF CONNIE L.
BENSON, ESQ.
PARTIES SERVED:
Jesse R. Fretwell
FREEDMAN LAW
3705 W. Beechwood Ave.
Fresno, CA 93711
(559) 447-9000 / (559) 447-9100
iessefa,darrylfreedman.com
BY U.S. MAIL. I deposited such envelope in the mail at Santa Ana, California. The envelope
were mailed with postage thereon fully prepaid.
I am readily familiar with the Williamson Law Group's practice of collection and processin
correspondence for mailing. Under that practice, documents are deposited with the U.S. Posta
Service on the same day which is stated in the proof of service, with postage fully prepaid a
Santa Ana, California in the ordinary course of business. I am aware that on motion of party
served, service is presumed invalid if the postal cancellation date or postage meter date is mor
than one day after the date stated in this proof of service.
BY FACSIMILE machine pursuant to Rule 2008(e). The recipient's name and fax numbe
that J used are as shown above. The facsimile machine that I used complied with Rule 2003(3
and no error was reported by the machine. Pursuant to Rule 2008(e)(4), a transmission repoi
was properly issued by the transmitting facsimile machine.
(x ) BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or
agreement of the parties to accept service by e-mail or electronic transmission, I caused th
documents to be sent to the persons at the e-mail addresses listed above. I did not receive,
within a reasonable time after the transmission, any electronic message or other indication tha
the transmission was unsuccessful.
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EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION
OVERNITE EXPRESS. I caused such envelopes to be deposited in the Overnite Expres.
Drop Box at Santa Ana, California.
I am personally and readily familiar with the business practice of this office for collection and
processing correspondence for Overnite Express mailing. Under that practice it would b
dropped in the drop box for the Overnite Express Service on that same day at Santa Ana
California in the ordinary course of business.
FEDERAL EXPRESS. I caused such envelopes to be deposited in the Federal Express Dro
Box at Santa Ana, California.
I am personally and readily familiar with the business practice of this office for collection and
processing correspondence for Federal Express mailing. Under that practice it would b
dropped in the drop box for the Federal Express Service on that same day at Santa Ana
California in the ordinary course of business.
BY PERSONAL SERVICE. I caused such envelope to be delivered by hand to the office,
of the addressee.
Executed on October 19, 2021, at Santa Ana, California.
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LX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION
Preview
John S. Williamson, Bar No. 106485 Connie L. Benson, Bar No. 185680 WILLIAMSON LAW GROUP ELECTRONICALLY Xerox Centre 1851 East 1st Street, Suite 1225 FILED Superior Court of California, Santa Ana, CA 92705 County of San Francisco (657) 229-7400 10/19/2021 (657) 229-7444 Fax Clerk of the Court BY: SANDRA SCHIRO Attorneys for Defendant, Bubba Gump Shrimp Co. Restaurants, Inc. (erroneously named andClerk Deputy served as Bubba Gump Shrimp Company Restaurant, Inc.) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO JOSEPH GRANEY; ARLENI ROJAS, CASE NO. CGC-20-584133 Plaintiffs, DEFENDANT'S EX PARTE APPLICATION TO CONTINUE TRIAL BY WAY OF VS. STIPULATION OF THE PARTIES OR, IN THE ALTERNATIVE, FOR AN ORDER BUBBA GUMP SHRIMP COMPANY SHORTENING TIME FOR A MOTION TO RESTAURANT, INC., and DOES 1 to 30, CONTINUE TRIAL BY STIPULATION; Inclusive, MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF Defendants. CONNIE L. BENSON, ESQ. Date Filed: April 13, 2020 DATE: October 21, 2021 TIME: 11:00 a.m. DEPT: 206 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT ON October 21, 2021, at 11:00 a.m., in Department 206 o the above-entitled court, located at 400 McAllister Street, San Francisco, CA 94102-4514, Defendant BUBBA GUMP SHRIMP COMPANY RESTAURANTS, INC., will and hereby does make an EN Parte Application to continue the trial date in this matter, presently set for November 8, 2021, to February 14, 2022. or a date that is convenient to the court's calendar near that time. In the alternative Defendant requests an order shortening time for a Motion to Continue the Trial by Stipulation to EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION noticed and heard. This Ex Parte Application is brought pursuant to California Rule of Court, Rule 3.1332, and is made on the grounds that good cause exists for the requested order, as follows: 1) The parties did very recently attend a first session of Mediation. Though the parties wer not successful in resolution, they are continuing to attempt to settle the matter. The effect: of the Pandemic and resulting closures on Defendant's restaurant business have mad achieving settlement more difficult. The company is in the process of undergoing som restructuring that will make the likelihood of resolving this matter short of Trial much mon. realistic. As a result, the parties have discussed and agreed to request the Court move th Trial for a limited period of time to allow for continued settlement efforts to occur without the parties incurring expert witness fees and costs. 2) The first available date for a regularly noticed motion with the court was November 5, 2021, which is only three days prior to our currently scheduled Trial date. Waiting for this date to arrive would force the parties to complete all expert discovery prior to the motion being heard potentially causing undue expense to be incurred by all. 3) No prejudice will be suffered by any party or witness to this action as a result of the continuance, and; 4) The parties have stipulated to the continuance subject to Court approval. This Ex Parte Application will be based upon this Application, the Memorandum of Points and Authorities attached hereto, the Declaration of Connie L. Benson, the Stipulation of the parties, ant upon all records, pleadings and papers on file in this action, and upon such other evidence that may b. presented at the hearing of the instant motion. DATED: October 19, 2021 WILLIAMSON LAW GROUP By: 9-4 -1 JOHN S. WILLIAMSON CONNIE L. BENSON Attorneys for Defendant, Bubba Gump Shrimp Co. Restaurants, Inc. -2- EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION MEMORANDUM OF POINTS AND AUTHORITIES I. FACTUAL INTRODUCTION This personal injury/premises liability matter arises out of a slip and fall incident Plaintiff Joseph Graney, claims occurred at the Bubba Gump Shrimp Co. Restaurant located on the San Francisco Pier. The alleged incident occurred on April 13, 2018. Mr. Graney's spouse Arleni Rojas has filed a loss of consortium claim in connection with this incident. Plaintiff's First Amended Complaint was filed on April 13, 2020. Defendant's Answer was filed on or about July 1, 2020. Both the Complaint and Answer in this matter were filed after Governor Newsom's California Executive Stay at Home Order was put in place as a result of the COVID 19 pandemic. The original Trial date in this matter has been continued one time previously for a period of six months to the current Trial date of November 8, 2021. On September 27, 2021, the parties attended Mediation with Hon. Judge Simpson of ADR. While the matter did not resolve, the parties continue to actively work towards resolution and Judge Simpson has agreed to facilitate including a second session of mediation if necessary. Plaintiffs and Defendant have stipulated to a second continuance of the Trial date as well as all related discovery dates including experts. This will allow the parties to avoid the expense of expert witness fees and trial preparation so that settlement discussions can continue and be more fruitful. LEGAL AUTHORITY Califbrnia Rules of Court, Rule 3.1332 states as follows: "(a) To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain. (b) A party seeking continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an -3- EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION ex parte application, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for continuance is discovered. Section (d) of Rule 3.1332 discusses additional factors for the court to consider when deciding. on a request for Trial continuance. They include: "...a continuance should be granted only upon an affirmative showing of good cause requiring the continuance. . . in ruling on a motion for a continuance, the court should consider all matters relevant to a proper determination of the motion, including the court's file in the case and any supporting declarations concerning the motion; the diligence of counsel, particularly in bringing the emergency to the court's attention and to the attention of opposing counsel at the first available opportunity and in attempting to otherwise meet the emergency; the nature of any previous continuances, extensions of time or other delay attributed to any party; the proximity of the trial or hearing date; the condition of the court's calendar and the availability of an earlier trial or hearing date if the matter is ready for trial or hearing; whether the continuance may properly be avoided by the substitution of attorneys or witnesses, by the use of deposition in lieu of oral testimony, or by the trailing of the matter for trial or hearing; whether the interests of justice are best served by continuance of the trial or hearing of the matter, or by imposing conditions on its continuance; and any other fact or circumstance relevant to a fair determination of the motion." In the present case, there has been one continuance of the Trial date that was requested on the grounds of the pandemic's effect on the parties' ability to conduct discovery as quickly as normally would have occurred. Since that original continuance, the parties have been working diligently and cooperating to get discovery done as circumstances of the pandemic allow. The parties did very -4- EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION recently attend a first session of Mediation. Though the parties were not successful in resolution, they are continuing to attempt to settle the matter. The effects of the Pandemic and resulting closures on Defendant's restaurant business have made achieving settlement more difficult. The company is in the process of undergoing some restructuring that will make the likelihood of resolving this matte' short of Trial much more realistic. As a result, the parties have discussed and agreed to request th( Court move the Trial for a limited period of time to allow for continued settlement efforts to occul without the parties incurring expert witness fees and costs. The parties have Stipulated to the continuance and there will be no prejudice to either party as a result of this further brief continuance. PROPER NOTICE WAS GIVEN FOR THE EX PARTE APPLICATION California Rule of Court, Rule 3.1203, provides that, "A party seeking an ex parte order must notify all parties no later than 10:00 a.m., the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice." In this case, all involved parties received proper notice of the Ex Parte Application to continue Trial and FSC dates. On October 18, 2021, counsel for Defendant, Connie L. Benson, sent email correspondence to Plaintiff's attorney Jesse Fretwell, advising that an Ex Parte application would be necessary and asking if Thursday, October 21, 2021, would be open on counsel's calendar to have the matter heard. Counsel for Plaintiff advised via email that October 21, 2021, would be open and available on his calendar. Subsequently, on October 18' 2021, at approximately 2:45 p.m., Plaintiff's counsel, Jesse Fretwell, was again notified by email correspondence that the Ex Parte Application would be made on October 21, 2021, at 11:00 a.m., in Dept. 206. IV. CONCLUSION On the basis of the foregoing, it is respectfully requested the court continue the current Tria l date to February 14, 2022, as requested by the parties or, in the alternative, to a date convenient to the court's calendar. In the alternative, it is requested the Court set the matter for a Motion to Continue the Trial date by way of Stipulation so that it may be heard with shortened notice. -5- EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION 1 DATED: October 19, 2021 WILLIAMSON LAW GROUP 3 4 By: JOHN S. WILLIAMSON 5 CONNIE L. BENSON 6 Attorneys for Defendant, Bubba Gump Shrimp Co. Restaurants, Inc. 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 24 25 26 28 -6- EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION DECLARATION OF CONNIE L. BENSON 1, CONNIE L. BENSON, ESQ., hereby declare and say as follows: I am an attorney duly licensed to practice law before all of the courts of the State of California. I am a Senior Attorney at Williamson Law Group, counsel of record for Defendant, Bubba Gump Shrimp Co., Restaurants, Inc. I make this Declaration of my own personal knowledge unless otherwise stated as being based upon information and belief. If called upon to do so I could and would, testify thereto. The subject action was filed shortly after the Governor of California enacted statewide Stay At Home Orders due to the Covid 19 pandemic. Defendant answered in July of 2020, while those orders remained in effect. Further, Defendant is a restaurant was shut down most of 2020. The parties sought one prior continuance of a period of six months due to a slow down of discovery as a result of the pandemic. The parties have been cooperating and pursuing discovery and attended a Mediation of this matter in September of 2021. The parties could not reach a resolution of the matter, but have continued settlement discussions and our Mediator has agreed to continue to assist in that effort. As a result of the shut down due to the pandemic of the restaurant business, Defendant has had more difficulty with reaching a settlement of this matter. The company is undergoing some restructuring which will be complete in mid-December and should allow a better likelihood of this matter settling short of Trial. The parties would like to avoid incurring expert fees and costs prior the Trial date and therefore, have stipulated to this continuance to allow for further settlement discussions. Attached hereto as Exhibit "A" is a true and correct copy of a Stipulation to Continue Trial in this matter signed by both parties. Per the Stipulation, the parties have agreed to a continuance to February 14, 2022. I contacted Counsel for Plaintiff, Jesse Fretwell via email correspondence on October 18, 2021, to advise that an Ex Pane Application would be needed due to the first Motion date available on the court's calendar being November 5, 2021. Mr. Fretwell responded via email, that the date of Thursday, October 21, 2021, would be open and available for him to attend an ex parte hearing. -7- EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION Subsequently, I sent another email to Mr. Fretwell on October 18, 2021, at 2:45 p.m., advising that the Ex Pane Hearing would in fact go forward on Thursday, October 21, 2021, at 11:00 a.m... in Dept. 206. (Attached hereto as Exhibit "B" is a true and correct copy of the email correspondence regarding notice of this Ex Parte Application date and time). I hereby declare under penalty of perjury, that the foregoing is true and correct. Executed this 19' 1' day of October, 2021, in Santa Ana, California. • 13.- tj /). - CONNIE L. BENSON -8- EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION EXHIBIT "A" John S. Williamson, Bar No. 106485 Connie L. Benson, Bar No. 185680 WILLIAMSON LAW GROUP Xerox Centre 1851 East 1 Street, Suite 1225 Santa Ana, CA 92705 (657) 229-7400 (657) 229-7444 Fax Attorneys for Defendant, Bubba Gump Shrimp Co. Restaurants, Inc. (erroneously named and served as Bubba Gump Shrimp Company Restaurant, Inc.) SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO JOSEPH GRANEY; ARLENI ROJAS, ) CASE NO. CGC-20-584133 ) Plaintiffs, ) STIPULATION TO CONTINUE TRIAL ) AND RELATED DATES VS. ) ) BUBBA GUMP SHRIMP COMPANY ) RESTAURANT, INC., and DOES 1 to 30, ) Date Filed: April 13, 2020 ) Inclusive, ) ) ) Defendants. ) ) ) IT IS HEREBY STIPULATED, by and between the parties to this lawsuit, through their respective attorneys of record, as follows: 1. Plaintiffs, JOSEPH GRANEY and ARLENI ROJAS, filed their First Amended Complaint on April 13, 2020. 2. Defendant, BUBBA GUMP SHRIMP CO. RESTAURANTS, INC., filed an Answer to the First Amended Complaint on or about July 1, 2020.. 3. Trial was originally scheduled for April 12, 2021, in Dept. 610 of the above-entitled Court. SECOND STIPULATION TO CONTINUE TRIAL 4. This matter has been continued one time previously from April 12, 2021, to the current date of November 8, 2021. 5. The parties attended a mediation in this matter before retired Hon. Alan Simpson with ADR, on September 27, 2021. Though the matter did not resolve, the parties have continued to make efforts toward resolution and Mr. Simpson has agreed to assist the parties further in a second Mediation session. 6. In order to allow the parties to avoid incurring fees toward expert witness depositions to further encourage resolution, the parties agree to short second continuance of the current Trial date, to February 14, 2022. 7. The parties all agree that a continuance of the Trial date is warranted as they are actively working towards resolution. The parties have been diligently litigating this case, but wish to avoid expert expenses which are necessitated by the closeness of the current Trial date. 8. The parties wee that all discovery and motion cutoff dates, including expert discovery will be based on the new Trial date. DATED: 0// (0- / WILLIAMSON LAW GROUP By: JOHN S. WILLIAMSON CONNIE L. BENSON Attorneys for Defendant, Bubba Gump Shrimp Co. Restaurants, inc. DATED: /C0/74 FREEDMAN LAIV By: JESSE R. F •T ELL Attorneys f P intiffs, Joseph G ey and Arleni Rojas -2- SECOND STIPULATION TO CONTINUE TRIAL EXHIBIT B Connie Benson From: Connie Benson Sent: Monday, October 18, 2021 3:01 PM To: Jesse Fretwell Cc: Karla Ybarra; Sherry Ackerman; Jack Williamson Subject: RE: Graney v. Bubba Gump Jesse: I was able to get the paperwork ready so we will be going in ex parte on Thursday, October 21, 2021 at 11:00 a.m., in Dept. 206. I will be appearing remotely. Once the paperwork is finalized, I will have my Legal Assistant send you a copy but I'm simply asking the court to continue the trial by way of our stipulation or in the alternative set a motion on shortened time for the trial to be continued. Let me know if you have any questions. Connie Connie L. Benson, Esq. WILLIAMSON LAW GROUP 1851 E. First St., Suite 1225 Santa Ana, CA 92705 Telephone: (657) 229-7400/FAX: (657) 229-7444 Cellular: (714) 328-9755 Email: cbenson@williamsonlawgroup.net CONFIDENTIALITY STATEMENT This electronic message contains information from the WILLIAMSON LAW GROUP, and is confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify us immediately by telephone at 11_557) 229-7400. From: Jesse Fretwell KlesseF@FreedmanLaw.com > Sent: Monday, October 18, 2021 10:26 AM To: Connie Benson Cc: Karla Ybarra ; Sherry Ackerman ; Jack Williamson Subject: RE: Graney v. Bubba Gump Thank you From: Connie Benson Sent: Monday, October 18, 2021 9:12 AM To: Jesse Fretwell Cc: Karla Ybarra ; Sherry Ackerman ; Jack Williamson Subject: RE: Graney v. Bubba Gump Thanks Jesse, I'm going to try to get the paperwork completed today or tomorrow so we will plan for Thursday morning and I'll have my legal assistant get you the rest of the info. Connie Connie L. Benson, Esq. WtalAMSON LAW GROUP 1851 E. First St , Suite 1225 Santa Ana, CA 92705 Telephone: (657) 229-7400/FAX: (657) 229-7444 Cellular: (714) 328-9755 Email cbenson@williarnsonlawgroup.net CONFIDENTIALITY STATEMENT This electronic message contains information from the WILLIAMSON LAW GROUP, and is confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify us immediately by telephone at (657) 229-7400, From: Jesse Fretwell Sent: Monday, October 18, 2021 9:07 AM To: Connie Benson Cc: Karla Ybarra ; Sherry Ackerman ; Jack Williamson Subject: Re: Graney v. Bubba Gump I'm totally open. I had a trial that was supposed to start today that settled on Friday at the last minute, so I'm good for the ex parte. Just let me know the time and place. Get Outlook for iOS From: Connie Benson Sent: Monday, October 18, 2021 9:05:20 AM To: Jesse Fretwell Cc: Karla Ybarra ; Jack Williamson qvilliamson@witliamsonlawgromnet> Subject: Graney v. Bubba Gump Jesse: We tried to reserve a hearing date for our Motion to Continue the Trial. The soonest we could get is November 5 th which is just three days prior to our Trial date. As such, I think I need to make an ex parte application for the continuance or an order shortening time in the alternative. Would you be available for that on Thursday? Let me know. Thanks. Connie Connie L. Benson, Esq. WILLIAMSON LAW GROUP 1851 E. First St., Suite 1225 Santa Ana, CA 92705 Telephone: (657) 229-7400/FAX: (657j 229-7444 Cellular: (714) 328-9755 Email: cbenson@williarnsonlawgroup.net CONFIDENTIALITY STATEMENT This electronic message contains information from the WILLIAMSON LAW GROUP, and is confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify us immediately by telephone at (657) 229-7400. 3 PROOF OF SERVICE I am employed in the County of Orange, State of California. I am over the age of 18 and no a party to the within action. My business address is 1851 East ls t Street, Suite 1225, Santa Ana, Californi 92705. On October 19, 2021 1 served the following document(s) by emailing a true and correct cop thereof addressed to all interested parties as listed below: DOCUMENT(S): DEFENDANT'S EX PARTE APPLICATION TO CONTINUE TRIAL BY WAY OF STIPULATION OF THE PARTIES OR, IN THE ALTERNATIVE, FOR AN ORDER SHORTENING TIME FOR A MOTION TO CONTINUE TRIAL BY STIPULATION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF CONNIE L. BENSON, ESQ. PARTIES SERVED: Jesse R. Fretwell FREEDMAN LAW 3705 W. Beechwood Ave. Fresno, CA 93711 (559) 447-9000 / (559) 447-9100 iessefa,darrylfreedman.com BY U.S. MAIL. I deposited such envelope in the mail at Santa Ana, California. The envelope were mailed with postage thereon fully prepaid. I am readily familiar with the Williamson Law Group's practice of collection and processin correspondence for mailing. Under that practice, documents are deposited with the U.S. Posta Service on the same day which is stated in the proof of service, with postage fully prepaid a Santa Ana, California in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if the postal cancellation date or postage meter date is mor than one day after the date stated in this proof of service. BY FACSIMILE machine pursuant to Rule 2008(e). The recipient's name and fax numbe that J used are as shown above. The facsimile machine that I used complied with Rule 2003(3 and no error was reported by the machine. Pursuant to Rule 2008(e)(4), a transmission repoi was properly issued by the transmitting facsimile machine. (x ) BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or agreement of the parties to accept service by e-mail or electronic transmission, I caused th documents to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication tha the transmission was unsuccessful. -9- EX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION OVERNITE EXPRESS. I caused such envelopes to be deposited in the Overnite Expres. Drop Box at Santa Ana, California. I am personally and readily familiar with the business practice of this office for collection and processing correspondence for Overnite Express mailing. Under that practice it would b dropped in the drop box for the Overnite Express Service on that same day at Santa Ana California in the ordinary course of business. FEDERAL EXPRESS. I caused such envelopes to be deposited in the Federal Express Dro Box at Santa Ana, California. I am personally and readily familiar with the business practice of this office for collection and processing correspondence for Federal Express mailing. Under that practice it would b dropped in the drop box for the Federal Express Service on that same day at Santa Ana California in the ordinary course of business. BY PERSONAL SERVICE. I caused such envelope to be delivered by hand to the office, of the addressee. Executed on October 19, 2021, at Santa Ana, California. -10- LX PARTE APPLICATION TO CONTINUE TRIAL BY STIPULATION