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CHRISTOPHER P. MESAROS, SBN 214314
FIRST LAW GROUP
314 East Rowland Street ELECTRONICALLY
Covina, California 91723
Telephone: (626) 838-5700 F I L E D
Superior Court of California,
Facsimile: (626) 838-5710 County of San Francisco
chrisSfirsthncom
02/17/2021
Clerk of the Court
Anorney for Plaintiff, DAVID NGUYEN BY: JUDITH NUNEZ
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
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DAVID NGUYEN, Case No.: CGC-19-576056
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Plaintiff, NOTICF. OF MOTION AND MOTION TO
s 12 vs. CONTINUE THE TRIAL AND ALL
RELATED DATES
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SHERMAN LEWIS WRIGHT, FORD
14 MOTOR COMPANY, CHARIOT TRANSIT,
INC., and DOES 1 through 30, Date: February 25, 2021
15 Time: 9:30 a.m.
a U N
Defendants, Dept.: 206
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Complaint Filed: 06/26/2019
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Trial: 03/01/2021
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TO THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF
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RECORD:
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PLFASE TAKE NOTICE that on February 25, 2021, at 9:30 a.m., or as soon thereafter
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as the matter may be heard in Department 206 of the above-entitled Court, located at 400
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McAllister Street, San Francisco, California 94102, Plaintiff DAVID NGUYEN ("Plaintift") will
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move this Court for an Order to Continue the Trial and All Related Dates from March 1, 2021 to
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December 21, 2021; or a date convenient for the Court.
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This Motion is made on the ground that severe prejudice will result if this Court does not
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issue an order shortening the time for Plaintiff to bring a noticed Motion to Continue the Trial and
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NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES
All Related Dates because the trial in this matter is set for March I, 2021. Due to the impact of the
global pandemic presented by COVID-19, the parties have had several delays in completing
discovery and need additional time to complete discovery. Specitically, Plaintiff needs to take the
deposition of Defendant Sherman Lewis Wright and Defendants'erson Most Knowledgeable in
person. In order for these depositions to occur in person, counsel for the parties and deponents will
need to be vaccinated. The parties anticipated that this will not be accomplished until
approximately Fall of 2021. Based on this timeline, the parties have no choice but to seek this
continuance.
This Motion is brought pursuant to Code of Civil Procedure I22024.2021, and on
10 California Rules of Court, Rules 3.1223(b) and 1005(b). This Motion is made based on the
Memorandum of Points and Authorities, the Declaration of Cluistopher P. Mesaros, Esq., the
12 records and documents on file herein, and upon such other and further information and
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zh~e 13 documentation as the Court may entertain at the time of the hearing on this matter.
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15 DATED; February 17, 2021 FIRST LAW GROUP
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By 1~Y7~
Christopher P. Mesaros, Esq.
Attorney for Plaintiff, DA VID NGUYEN
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NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES
MEMORANDUM OF POINTS & AUTHORITIES
I. INTRODUCTION
Plaintiff David Nguyen (" Plaintiff') hereby moves this Court for an order shortening the
time for the hearing and service of Plaintiff s Notice of Motion and Motion to Continue the Trial
and All Related Dates. As it is described in greater detail below and in the declaration of
Christopher P. Mesaros, the parties have not been able to complete discovery in this matter which
is critical to Plaintiff s presentation of her case at trial. Without the ability to conduct discovery as
described herein, Plaintiff will be severely prejudiced and suffer irreparable harm. Therefore,
Plaintiff moves to this Court for an order shortening the time and service of Plaintiff's Notice of
10 Motion and Motion to Continue the Trial and All Related Dates from March 1, 2021 to December
21, 2021; or a date convenient for the Court.
12 H. LEGAL ARGUMENT
13 A. A TRIAL CONTINUANCE IS WARRANTED
14 To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All
15 parties and their counsel must regard the date set for trial as certain." (Rules of Court, Rule
16 3.1332(a).) 'fhe power to determine whether a continuance is warranted is an incident of the trial
17 court's inherent power to control the scheduling of proceedings before it. (Thurmond v. Super. CL
18 (1967) 66 Cal.2d 836, 839.) Because the "trial court has great discretion in the disposition of an
19 application for continuance," the Court's determination will not be disturbed "[a]bsent a clear
20 abuse of discretion." (Cade v. Mid-City Hosp. Corp. (1975) 45 Cal.App.3d 589, 599.)
21 "A party seeking a continuance of the date set for trial, whether contested or uncontested or
22 stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex
23 parte application under the rules in chapter 4 of this division, with supporting declarations. The
24 party must make the motion or application as soon as reasonably practical once the necessity for
25 the continuance is discovered. (71ides of Ct., Rule 3.1223(b).)
26 "A motion for continuance is addressed to the sound discretion of the trial court. However,
27 the trial judge must exercise his discretion with due regard to all interests inovvled, and the refusal
28 of a continuance which has the practical effect of denying the applicant a fair hearing is reversible
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NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES
error." (Oliveras v. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1394.)
"In ruling on a motion or application for continuance, the court must consider all the facts
and circumstances that are relevant to the determination. These may include: (I) The proximity of
the trial date; (2) Whether there was any previous continuance, extension of time, or delay of trial
due to any party; (3) The length of the continuance requested; ... (5) The prejudice that parties or
witnesses will suffer as a result of the continuance; ... (9) Whether all parties have stipulated to a
continuance; (10) Whether the interests of justice are best served by a continuance, by the trial of
the matter, or by imposing conditions on the continuance; and (11) Any other fact or circumstance
relevant to the fair determination of the motion or application. (Rules of Court, Rule 3.1332(d);
10 rlrnenv. Office ofAdmin. Hearings (1996) 49 Cal.App.4th 332, 343.)
A trial court has broad discretion with regarding to denying a request for trial continuance.
E 12 (Pham v. Ngayen (1997) 54 Cal.App.4th 11, 13-18.) "Although continuances of trials are
IU 13 disfavored, each request for a continuance must be considered on its own merits. The court may
14 grant a continuance only on an affirmative showing of good cause requiring the continuance."
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15 (Rules of Cr., Rule 3.1332(c); ln re Marriage of Falcone (2008) 164 Cal.App.4th 814, 823.)
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16 The circumstances of indicating good cause for a continuance include, (I) the
17 unavailability of an essential lay or expert witness because of death, illness, or other excusable
18 circumstances; (2) the unavailability of a party because of death, illness, or other excusable
19 circumstances; (3) the unavailability of trial counsel because of death, illness, or other excusable
20 circumstances; (4) the substitution of trial counsel, but only where there is an affimtative showing
21 that the substitution is required in the interests of justice; (5) the addition of a new party if the new
22 party has not had a reasonable opportunity to conduct discovery and prepare for trial, or the other
23 parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard
24 to the new party's involvement in the case; (6) a party's excused inability to obtain essential
25 testimony, documents, or other material evidence despite diligent efforts; or (7) a significant,
26 unanticipated change in the status of the case as a result of which the case is not ready for trial.
27 (Rules of Cr., Rule 3.13329c); Lazarus v. Tgmus (1998) 64 Cal.App.4th at 1249-1250.)
28 Based on the factors enumerated by the Rules of Court, the requested trial continuance is
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NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES
justified. As explained in Declaration of Christopher P. Mesaros, Esq., despite continued diligent
attempts to take depositions of Defendant Sherman Lewis Wright and Defendants'ersons Most
Knowledgeable, these depositions have not been completed. The reason for the delay in
completing discovery was largely due to the impact of the global pandemic presented by COVID-
19 and the stay at home orders. The parties have agreed to an in person deposition of Defendant
Sherman Lewis Wright and Defendants'ersons Most Knowledgeable, and understand that said
depositions cannot proceed until deponents and counsel are vaccinated. Therefore, the parties
request a trial continuance and to continue the hearing on Defendants'otion for Summary
Judgment so said discovery can be completed without compromising the health and safety of those
10 involved.
I I I. CONCLUSION
S 12 Based on the foregoing, Plaintiff requests that this Court grant Plaintiff s Motion to
N 13 Continue the Trial and All Related Dates from March 1, 2021 to December 21, 2021; or a date
14 convenient for the Court.
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16 DATED: February 17, 2021 FIRST LAW GROUP
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Christopher P. Mesaros, Esq.
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Attorney for Piaintiff, DAVID NGUYEN
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NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES
DECLARATION OF CHRISTOPHER P. MESAROS
I, Christopher P. Mesaros, hereby declare as follows:
l. I am an attorney at law, duly licensed to practice before all the courts of the State of
California. Iam the principal of First Law Group, APC, attorneys of record for Plaintiff DAVID
NGIJYEN (hereinafter 'Plaintiff'. I make this declaration from my own personal knowledge.
2. I am thc attorney primarily responsible for the handling of this case and, as such,
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have personal knowledge of the facts surrounding the present action and all facts herein stated. If
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called upon to testify, I could and would competently do so under oath as to the truth of the
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matters stated herein.
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3. Plaintiff requests that this Court grant his Motion to Continue the Trial and All
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Related Dates from March I, 2021 to December 21, 2021, or a date convenient for this Court.
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N z 4. Plaintiff s Complaint was filed on June 27, 2019.
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ts 8 z j 5. Defendants'nswer was filed on August 23, 2019.
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6. This is the second request by either party for a trial continuance. Previously, thc
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trial was continued from May 11, 2020 to its current date, March I, 2021.
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7. On December 11, 2020, Plaintiff unilaterally noticed Defendant Sherman Lewis
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Wright and Defendants'ersons Most Knowledgeable's deposition for January 8, 2021 after
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several months of failed meet and confer efforts. (A true and correct copy of Plaintiff s notice is
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attached hereto and incorporated herein by this reference as Exhibit A.)
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On January 5, 2021, Defendants objected to depositions of Defendant Sherman
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Lewis Wright and Defendants'ersons Most Knowledgeable due to unavailability for their
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deposition on January 8, 2020. I was informed that Defendant Sherman Lewis Wright would be
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able to be available for a remote deposition on January 13, 2021, even though Plaintiff had
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demanded an in person deposition. No alternative date was provided for Defendants'ersons
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Most Knowledgeable.
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9. Since the parties were unable to complete deposition of Defendant Sherman Lewis
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Wright, and deeming his in person deposition necessary, the parties stipulated to the continuance
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NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES
sought.
10. Despite continued diligent attempts to take depositions of Defendant Sherman
Lewis Wright and Defendants'ersons Most Knowledgeable, these depositions have not been
completed. The reason for the delay in completing discovery was largely due to the impact of thc
global pandemic presented by COVID-19 and the stay at home orders. The parties have agreed to
an in person deposition of Defendant Sherman Lewis Wright and Defendants'ersons Most
Knowledgeable, and understand that said depositions cannot proceed until deponents and counsel
are vaccinated. To date, said depositions have not been completed.
11. On January 26, 2021, all parties signed a Stipulation to Continue the Trial date to
10 December 21, 2021, or a date convenient for this Court. (A true and correct copy of'our
Stipulation to Continue the Trial date is attached hereto and incorporated herein by this reference
12 as Exhibit B.)
13 12. The trial in this matter is set for March 1, 2021. Given the impending trial date,
14 Plaintiff requests that this Court continue the trial date and al related dates to allow the parties to
15 complete discovery and properly prepare for trial on the merits.
16 1declare under penalty of perjury under the laws of the State of California that the
17 foregoing is true and correct and that this Declaration was executed on February 17, 2021 at
18 Covina, California.
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Christopher P. Mesaros, Declarant
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NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES
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Christopher Paul Mesaros (SBII 214314)
FIRST LAW GROUP
314 East Rowland Street
2 Covina, CA 91723
Telephone: (626) 838-5700
3 Facsimile: (626) 838-5710
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Attorneys for Plaintiff.
DAVID NGUYEN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
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DAVID NGU YEN
Case No.: CGC-19-576056
Plaintiff,
NOTICE OF TAKING DEPOSITION OF
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SHERMAN LEWIS WRIGHT
14 SHERMAN LEWIS WRIGHT, FOIID Date: February 17, 2020
MOTOR COMPANY, CHARIOT TRANSIT, Time: I:00 p.m.
INC. and DOES I through 30, Inclusive, Place: HAIGHT BROWN & BQNESTEEL
16 Three Embarcadcro Ccntcr,
Suite 200
17 Defendant San Francisco, CA 94111
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21 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
22 PLEASE TAKE NOTICE that the deposition of SHERMAN LEWIS WRIGHT, will be
23 taken by DAVID NGUYEN on February 17, 2020 at I:00 p.m., at HAIGHT BROWN dc
24 BONESTEEL, Thrcc Embarcadcro Center, Suite 200, San Francisco, CA 94111 before a
25 deposition officer authorized to administer oaths under the laws of the State of California. If said
26 deposition is not completed, the taking thereof is to continue from day to day, excluding Sundays
27 and holidays, until completed pursuant to California Code of Civil ("C.C.P.") Procedure I)
28 2025.220.
NOTICE OF TAKING DEPOSITION OF SHERatAN I EWIS WRIGHT
Peas I
1 Noticing Party intends to record the testimony by audio or video technology, in addition
2 to recording the testimony by the stenographic method and intends to record the testimony by
3 stenographic method through the instant visual display of the testimony pursuant to C.C.P. $
4 2025.220(ax5).
5 Noticing Party funher intends to reserve the right to use at trial a video recording of the
6 deposition testimony of Ibis party, treating physician, consulting physician and/or expert witness
7 under subdivision (c) of Section 2025.620.
8 ff deponent does not proficiently speak or understand the English language and an
9 interpreter is required to translate testimony, notice of same must be given within five days
10 before the deposition date, and Ihe specific language and/or dialect designated
12 DATED: January 29, 2020 FIRST LAW GROUP, APC
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Ey: 8~-
Christopher P. Mcsaros
Attorneys for Plaintiff,
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DAVID NGUYEN
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NOTICE OF TAIONG DEPOSITION OF SHEIIMAN I EWIS WRIGHT
PLSc 1
PROOF OF SERVICE
I am a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is 314 E. Rowland Street Covina, CA. 91723. On
January 29, 2020, I served the herein described document(s) through the means indicated below.
1. NOTICE OF TAKING DEPOSITION OF SHERMAN LEWIS WRIGHT
FACSIMILE -by transmitting via facsimile the document(s) listedabove to thc
fax number(s) set forth on the attached Telecommunications Cover Page(s) on
this date.
E-lvlAIL - by transmitting via electronic mail the document(s) listed above to thc
e-mail addresses set forth below.
10 MAIL - by placing thc document(s) listed above in a sealed envelope with
postage thereon fully prepaid, in the United States mail to thc addresses listed
below.
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0 PERSONAL SERVICE - by personally delivering the document(s) listed above tc
13 thc person(s) at the address(es) set forth below.
14 0 OVERNIGHT COURIER - by placing the document(s) listed above in a scaled
envelope with shipping prepaid, and depositing in a cogection box for next day
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dclivcry to thc person(s) at thc address(es) set forth below via
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Even M. Reese, Esq.
17 HAIGHT, BROWN & BONESTEEL, LLP
555 South Flower Street, 45th Floor
IS
Los Angeles, California 90071
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I am readily familiar with thc firm's practice of collection and processing correspondcncc
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for faxing, mailing and e-mailing. With regard to mailing, under that practice it would be
21 deposited with the U.S. Postal Service in Los Angeles on that same day with postage thereon
fully prepaid in the ordinary course of business. Iam aware that on motion of the party served,
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service is presumed invalid if postal cancellation date or postage meter date is more than one day
23 niter date of deposit for mailing in affidavit.
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I declare under penalty of perjury under the laws of the State of California that thc above
is true and correct. Executed on)anuaty 29,2020 in Covina, CA 91723.
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Cc+Fiores
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NGUYEN v. WRIGHT
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Christopher Paul Mesaros (SB¹ 2143 14)
FIRST1AW GROUP
314 East Rowland Street
Covina, CA 91723
Telephone: (626) 838-5700
Facsrmilc: (626) 838-5710
Attorneys for Plaintiff.
DAVID NGUYEN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
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DAVID NGUYEN,
Case No.: CGC-19-576056
Plaintiff,
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vs. NOTICE OF TAKING DEPOSfI1ON OF
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SHERMAN LEWIS WRIGHT
14 SHERMAN LEWIS WRIGHT, FORD Date: June 23, 2020
MOTOR COMPANY, CHARIOT TRANSIT, Time: I:00 pm.
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INC. and DOES I through 30, Inclusive, Place: Zoom/Virtual Deposition
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17 Defendant
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21 TO ALL INTERESTED PARTIES AND THEIR ATI'ORNEYS OF RECORD:
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deposition oflicer authorize to ~
PLEASE TAKE NOTICE that thc deposition of SHERMAN LEWIS WRIGHT, will bc
taken by DAVID NGUYEN on June 23, 2020 at II00 pea by virtual deposition at before a
oaths under thc laws of the State of California
deposition is not comptctcd, the taking thereof is to continue Som day to day, excluding Sundays
and holidays, until completed pursuant to California Code of Civil ("C.C J'.") Pmcechuc ti
If said
27 2025220.
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NOTICE OP TAMING DEPOamON OP snansIAN LEwts WRIGNT
Page I
Noticing Party intends to record tbe testimony by audio or video technology, in addition
to recording tbe testimony by the stenographic method and intends to record the testimony by
stenographic method through thc instant visual display of tbe testimony ptusuant to C.C.P. $
2025220(a)(5).
PLEASE TAKE FURTHER NOTICE that Pursuant to Executive Order N-38-20 and
specificall to provisions 4A to 4B, the Court Rcportcr and witness are not required to be ia the
same room during thc deposition, as formerly requued by C.C.P. 2025310.
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Noticing Party intends to take the oral deposition of the witness through telephone,
video conference, or other remote electronic means pursuant to California Rule of Court 3.1010.
10 Noticing Party further intends to reserve thc right to use at trial a video recording of the
ll deposition testimony of this party, treating physician, consulting physician and/or cxpcrt witness
12 under subdivision (c) of Section 2025.620.
13 If deponent does not proficientl speak or understand thc English language and an
14 Interpreter is required to translate testimony, notice of same must be given within Svc days
15 before the deposition date, and the specISc language and/or dialect designated
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17 DATED: May 22, 2020 PIRST LAW GROUP, APC
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By:
20 Chr9foiiher P. Mesaros
Attorneys for Plaintiff, DAVID NOUYEN
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NOTICE Of TAKDIG DafosmON Of SHERMAN tavrta WRIGHT
tares
PROOF OF SERVICE
2 I am a resident of thc State of California, over the age of cightcen years, and not a party
to tbe within action. My business address is 314 E. Rowland Strcct Covina, CA. 91723. My
email address is sandra Srstlg.corn. On May 26, 2020 at spproxlmateiy 9:00 am. I served tbe
4 herein described document(s) through thc means indicated below.
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NOTICE OF TAKING DEPOSITION OF DEFENDANT
6 SHERMAN LEWIS WRIGKl'
0 FACSIMILE - by transmitting via facsimile thc document(s) listed above to the
8 Srx number(s) sct forth on tbe attached Telecommumcanons Cover Page(s) on
this date.
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X E-MAIL - by transmitting via electronic mail the document(s) listed above to the
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0 MAIL
postage
- by phrcing
thereon fully
tbe ~s)
e-mail dhdresses set forth below.
prepaid, in thc
listed above
United States
in
mail
a scaled
to thc
envelope
addresses
witb
listed
below.
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0 PERSONAL SERVICE - by personaUy delivering tbc document(s) listed above ta
thc person(s) at the address(cs) sct forth below.
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0 OVERNIGHT COURIER - by placing thc document(s) listed above in a sealed
16 cnvclope with shipping prepaid, and cpoiting in a collection box for next day
delivery to the person(s) at tbc address(cs) set forth below via
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Evan M. Reese, Esq. Auorneys for Qrf~dantc shcevnan Lewis
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HAIGHT, BROWN d. BONESTEEL, LLP Wright, Ford Motor Company and Chariot
19 555 South Flower Sueet, 45th Floor Transit, hc.
Los Angeles, California 90071
20 Email: Rcese, Evan M. creese&hbblaw.corn
21 hniianovic@hbbiaw.corn
I am readily familiar with thc Erm's practice of collection and processing correspondcncc
for hxing, mailing and e-mailing. With regard to mailing, under that practice itwould bc
dcpositcd with thc U.S. Postal Service in Los Angeles on thu same day with postage thereos
fuBy prepaid in thc orduuuy course of business. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is more than onc day
after date of deposit for mailing in atEdavlt.
is true and correct. Executed on May 26, 2020 in Co 'A
I declare under penalty of perjury under thc laws of the State o
9 723
'mia that thc above
Nguyen v. Wright
1 Christopher P. Mcsaros, Esq. SBN 214314
FIRST LAW GROUP
314 R Rowland St.
Covina, CA 91723
Tcl: (626) 838-5700
4 Fax:(626) 838-5710
Attorney for Plaintiff DAVID NGUYEN
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
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DAVID NGUYEN, ) Case No.: CGC-19-576056
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Plaintiff )
13 ) NOTICE OF TAKING DEPOSITION OF
) DEFENDANT FORD MOTOR
14 ) COMPANY'S PERSON MOST
)
SHERMAN LEWIS WRIGHT, FORD MOTOR )
KNOWLEDGEABLE
COMPANY, CHARIOT TRANSIT, INC. and )
16 DOES I through 30, inclusive, ) Date: June 24, 2020
) Tune: 1:00 p.m. - Virtual
Defendants. )
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22 PLEASE TAKE NOTICE that pursuant to Code of Civil Procedure 8 2025210 er. seq.,
23 Plaintiff shall take the deposition of the Defendant FORD MOTOR GROUP's Person(s) Most
24 Knowledgeable with regards to:
25 1. The employmcnt records of Defendant SHERMAN LEWIS WRIGHT.
26 2, The personnel fil of Defendant SHHUvlAN LEWIS WRIGHT.
27 3. Defendant SHERMAN LEWIS WRIGHT's job duties at the time of the incident.
28 4. Defendant SHEIUvlAN LEWIS WRIGHT's particular assignmcnt at the time thc incident
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NOTICE OF TAIGNG DEPOSITION OF PERSON MOST I4NOWLEDGEASI E
5. 'Iltc training, including the date(s) tbe training wss completed, that Defendant SHERMAN
LEWIS WRIGHT had with Defendant FORD MOTOR GROUP.
6. The deUvery rout, including, but not limited to, route number and street-by-sueet
direction, that Dcfcndant SHERMAN LEWIS WRIGHT was scheduled to follow on the
day of the incident.
7 7. The equipment, options and/or fcanues on the TRANSIT WAGON that Defendant
8 SHERMAN LEWIS WRIGHT was operating at the time of the incident wes(were) capable
of capturing or recording photographs, video, motion pictures, slides, snd/or audio.
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10 8. Preservation of cvidencc rchuhtg to tbe incident, including atemcnts, video or audio
12 9. policics in effec on thc day of this incident that provide covcragc and/or thc
13 potential for coverage of this incident for Defendant SHERMAN LEWIS WRIGHT,
including all primary, excess, umbreUa, supplemcntaL and/or any other insurance.
15 10. Insunmoc policics in effect on the day of this incident that provide covcragc and/or thc
16 potential for covcragc of this incident for Defendant FORD MOTOR GROUP, including
17 all primary, excess, umbrella, supplemental, or any other lnsuranc .
18 11. The details of Defendant FORD MOTOR GROUP, protocol, policy or guidelines (whether
19 oral or in writing) for capturing, storing and maintaining video and/or photographic
20 surveillance for motor vehicle incidents.
21 12. Video of tbe incident.
22 13. Photographs of the incident.
23 14. All maintcnancc and/or service records for Dcfendat FORD MOTOR GROUP'S
24 TRANSIT WAGON involved in tbe incident for the prior 36 months.
25 Further, the Deponent is to produce thc following documents on thc date of the deposition by email if
26 virtual; or at thc deposition if in person:
27 1. Video of thc incident
28 2. Photographs of the incident.
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NOTICE OF TAKING DEFOSITlON OF PERSON MOST KNOWLEOGEABt,E
4. Maintenance/service records for Defendant FORD MOTOR COMPANY TRANSIT
2 WAGON/vehicle involved in tbe incident.
3 Thc deposition will commence on 3uae 24, 2020 at I:00 pan. by virtual deposition at bcforc s
deposition oIEccr authorized to ministcx oaths under tbe laws of the State of California. If said
deposition is not completetj thc udting thereof is to continuo 6nm day to day, cxduding Sundays and
holidays, until completed pursuant to California Coda of Civil ("C.C.P."j Procedure 5 2025220.
PLEASE TAKE FURTHER NOTICE that pursuant to Exccudve Order N-38-20 snd
speciEcally to provisions 4A to 4B, tbc Court Reporter and witness are not required to bc in the same
room during thc deposition, as formerly required by C.C J. $ 20253 I O.
Noticing Party intends to take the oral deposition of thc witness thmugh telephone, video
conference, or other remote electronic means pursuant to California Rulc of Court 3.1010.
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Noticing Party intends to record thc testimony by audio or video technology, in addition to
recording thc testimony by the stenographic method and intends to record the testimony by
stenographic method through thc instant visual display of tbe testimony.
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Noticing Party further intends to reserve tbc right to usc at trial a video recording of the
deposlnon testimony of this party, treating physician, consulting physician and/or expert witness
under subdivision (c) of Section 2025.620.
IF AN INTERPREIER IS REQUIRED TO TRANSLATE TESTIMONY, NOTICE OF
SAME MUST BE GIVEN WITHIN FIVE (5) DAYS BEFORE THE DEPOSITION DATE AND
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20 THE SPECIFIC LANGUAGE OR DIALECI'ESIGNATED,
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DATED: Ma)lgf 2020 FIRST LAW GROUP, APC
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Cbristopber P. Mcsaros, Esq.
25 Attorney for PlaintHf, DAVID NGUYEN
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NOTICE OF TAKING DEPOSITION OF PERSON MOST KNOWLEDGEABLE
PROOF OF SERVICE
I am a rcsidcnt of the State of California, over thc agc of eightccn years, and not a party
to the within action. My business address is 314
Preview
CHRISTOPHER P. MESAROS, SBN 214314 FIRST LAW GROUP 314 East Rowland Street ELECTRONICALLY Covina, California 91723 Telephone: (626) 838-5700 F I L E D Superior Court of California, Facsimile: (626) 838-5710 County of San Francisco chrisSfirsthncom 02/17/2021 Clerk of the Court Anorney for Plaintiff, DAVID NGUYEN BY: JUDITH NUNEZ Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO 10 DAVID NGUYEN, Case No.: CGC-19-576056 11 Plaintiff, NOTICF. OF MOTION AND MOTION TO s 12 vs. CONTINUE THE TRIAL AND ALL RELATED DATES 13 SHERMAN LEWIS WRIGHT, FORD 14 MOTOR COMPANY, CHARIOT TRANSIT, INC., and DOES 1 through 30, Date: February 25, 2021 15 Time: 9:30 a.m. a U N Defendants, Dept.: 206 16 Complaint Filed: 06/26/2019 17 Trial: 03/01/2021 18 19 TO THIS HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS OF 20 RECORD: 21 PLFASE TAKE NOTICE that on February 25, 2021, at 9:30 a.m., or as soon thereafter 22 as the matter may be heard in Department 206 of the above-entitled Court, located at 400 23 McAllister Street, San Francisco, California 94102, Plaintiff DAVID NGUYEN ("Plaintift") will 24 move this Court for an Order to Continue the Trial and All Related Dates from March 1, 2021 to 25 December 21, 2021; or a date convenient for the Court. 26 This Motion is made on the ground that severe prejudice will result if this Court does not 27 issue an order shortening the time for Plaintiff to bring a noticed Motion to Continue the Trial and 28 -I- NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES All Related Dates because the trial in this matter is set for March I, 2021. Due to the impact of the global pandemic presented by COVID-19, the parties have had several delays in completing discovery and need additional time to complete discovery. Specitically, Plaintiff needs to take the deposition of Defendant Sherman Lewis Wright and Defendants'erson Most Knowledgeable in person. In order for these depositions to occur in person, counsel for the parties and deponents will need to be vaccinated. The parties anticipated that this will not be accomplished until approximately Fall of 2021. Based on this timeline, the parties have no choice but to seek this continuance. This Motion is brought pursuant to Code of Civil Procedure I22024.2021, and on 10 California Rules of Court, Rules 3.1223(b) and 1005(b). This Motion is made based on the Memorandum of Points and Authorities, the Declaration of Cluistopher P. Mesaros, Esq., the 12 records and documents on file herein, and upon such other and further information and 4I zh~e 13 documentation as the Court may entertain at the time of the hearing on this matter. y5o 14 h)lj Ksoa 0 15 DATED; February 17, 2021 FIRST LAW GROUP a N 16 17 18 By 1~Y7~ Christopher P. Mesaros, Esq. Attorney for Plaintiff, DA VID NGUYEN 19 20 21 22 23 24 25 26 27 -2- NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES MEMORANDUM OF POINTS & AUTHORITIES I. INTRODUCTION Plaintiff David Nguyen (" Plaintiff') hereby moves this Court for an order shortening the time for the hearing and service of Plaintiff s Notice of Motion and Motion to Continue the Trial and All Related Dates. As it is described in greater detail below and in the declaration of Christopher P. Mesaros, the parties have not been able to complete discovery in this matter which is critical to Plaintiff s presentation of her case at trial. Without the ability to conduct discovery as described herein, Plaintiff will be severely prejudiced and suffer irreparable harm. Therefore, Plaintiff moves to this Court for an order shortening the time and service of Plaintiff's Notice of 10 Motion and Motion to Continue the Trial and All Related Dates from March 1, 2021 to December 21, 2021; or a date convenient for the Court. 12 H. LEGAL ARGUMENT 13 A. A TRIAL CONTINUANCE IS WARRANTED 14 To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All 15 parties and their counsel must regard the date set for trial as certain." (Rules of Court, Rule 16 3.1332(a).) 'fhe power to determine whether a continuance is warranted is an incident of the trial 17 court's inherent power to control the scheduling of proceedings before it. (Thurmond v. Super. CL 18 (1967) 66 Cal.2d 836, 839.) Because the "trial court has great discretion in the disposition of an 19 application for continuance," the Court's determination will not be disturbed "[a]bsent a clear 20 abuse of discretion." (Cade v. Mid-City Hosp. Corp. (1975) 45 Cal.App.3d 589, 599.) 21 "A party seeking a continuance of the date set for trial, whether contested or uncontested or 22 stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex 23 parte application under the rules in chapter 4 of this division, with supporting declarations. The 24 party must make the motion or application as soon as reasonably practical once the necessity for 25 the continuance is discovered. (71ides of Ct., Rule 3.1223(b).) 26 "A motion for continuance is addressed to the sound discretion of the trial court. However, 27 the trial judge must exercise his discretion with due regard to all interests inovvled, and the refusal 28 of a continuance which has the practical effect of denying the applicant a fair hearing is reversible -3- NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES error." (Oliveras v. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1394.) "In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These may include: (I) The proximity of the trial date; (2) Whether there was any previous continuance, extension of time, or delay of trial due to any party; (3) The length of the continuance requested; ... (5) The prejudice that parties or witnesses will suffer as a result of the continuance; ... (9) Whether all parties have stipulated to a continuance; (10) Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and (11) Any other fact or circumstance relevant to the fair determination of the motion or application. (Rules of Court, Rule 3.1332(d); 10 rlrnenv. Office ofAdmin. Hearings (1996) 49 Cal.App.4th 332, 343.) A trial court has broad discretion with regarding to denying a request for trial continuance. E 12 (Pham v. Ngayen (1997) 54 Cal.App.4th 11, 13-18.) "Although continuances of trials are IU 13 disfavored, each request for a continuance must be considered on its own merits. The court may 14 grant a continuance only on an affirmative showing of good cause requiring the continuance." o $ 6~8 15 (Rules of Cr., Rule 3.1332(c); ln re Marriage of Falcone (2008) 164 Cal.App.4th 814, 823.) tn ) II V N 16 The circumstances of indicating good cause for a continuance include, (I) the 17 unavailability of an essential lay or expert witness because of death, illness, or other excusable 18 circumstances; (2) the unavailability of a party because of death, illness, or other excusable 19 circumstances; (3) the unavailability of trial counsel because of death, illness, or other excusable 20 circumstances; (4) the substitution of trial counsel, but only where there is an affimtative showing 21 that the substitution is required in the interests of justice; (5) the addition of a new party if the new 22 party has not had a reasonable opportunity to conduct discovery and prepare for trial, or the other 23 parties have not had a reasonable opportunity to conduct discovery and prepare for trial in regard 24 to the new party's involvement in the case; (6) a party's excused inability to obtain essential 25 testimony, documents, or other material evidence despite diligent efforts; or (7) a significant, 26 unanticipated change in the status of the case as a result of which the case is not ready for trial. 27 (Rules of Cr., Rule 3.13329c); Lazarus v. Tgmus (1998) 64 Cal.App.4th at 1249-1250.) 28 Based on the factors enumerated by the Rules of Court, the requested trial continuance is -4- NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES justified. As explained in Declaration of Christopher P. Mesaros, Esq., despite continued diligent attempts to take depositions of Defendant Sherman Lewis Wright and Defendants'ersons Most Knowledgeable, these depositions have not been completed. The reason for the delay in completing discovery was largely due to the impact of the global pandemic presented by COVID- 19 and the stay at home orders. The parties have agreed to an in person deposition of Defendant Sherman Lewis Wright and Defendants'ersons Most Knowledgeable, and understand that said depositions cannot proceed until deponents and counsel are vaccinated. Therefore, the parties request a trial continuance and to continue the hearing on Defendants'otion for Summary Judgment so said discovery can be completed without compromising the health and safety of those 10 involved. I I I. CONCLUSION S 12 Based on the foregoing, Plaintiff requests that this Court grant Plaintiff s Motion to N 13 Continue the Trial and All Related Dates from March 1, 2021 to December 21, 2021; or a date 14 convenient for the Court. ))qR 5 lo 15 0 a U 16 DATED: February 17, 2021 FIRST LAW GROUP 17 ar Christopher P. Mesaros, Esq. 19 Attorney for Piaintiff, DAVID NGUYEN 20 21 22 23 24 25 26 27 -5- NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES DECLARATION OF CHRISTOPHER P. MESAROS I, Christopher P. Mesaros, hereby declare as follows: l. I am an attorney at law, duly licensed to practice before all the courts of the State of California. Iam the principal of First Law Group, APC, attorneys of record for Plaintiff DAVID NGIJYEN (hereinafter 'Plaintiff'. I make this declaration from my own personal knowledge. 2. I am thc attorney primarily responsible for the handling of this case and, as such, 7 have personal knowledge of the facts surrounding the present action and all facts herein stated. If 8 called upon to testify, I could and would competently do so under oath as to the truth of the 9 matters stated herein. 10 3. Plaintiff requests that this Court grant his Motion to Continue the Trial and All 11 Related Dates from March I, 2021 to December 21, 2021, or a date convenient for this Court. 12 N z 4. Plaintiff s Complaint was filed on June 27, 2019. a 13 ts 8 z j 5. Defendants'nswer was filed on August 23, 2019. 14 6. This is the second request by either party for a trial continuance. Previously, thc hk'r K~60m ID 15 trial was continued from May 11, 2020 to its current date, March I, 2021. Plu N 16 7. On December 11, 2020, Plaintiff unilaterally noticed Defendant Sherman Lewis 17 Wright and Defendants'ersons Most Knowledgeable's deposition for January 8, 2021 after 18 several months of failed meet and confer efforts. (A true and correct copy of Plaintiff s notice is 19 attached hereto and incorporated herein by this reference as Exhibit A.) 20 On January 5, 2021, Defendants objected to depositions of Defendant Sherman 21 Lewis Wright and Defendants'ersons Most Knowledgeable due to unavailability for their 22 deposition on January 8, 2020. I was informed that Defendant Sherman Lewis Wright would be 23 able to be available for a remote deposition on January 13, 2021, even though Plaintiff had 24 demanded an in person deposition. No alternative date was provided for Defendants'ersons 25 Most Knowledgeable. 26 9. Since the parties were unable to complete deposition of Defendant Sherman Lewis 27 Wright, and deeming his in person deposition necessary, the parties stipulated to the continuance 28 -6- NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES sought. 10. Despite continued diligent attempts to take depositions of Defendant Sherman Lewis Wright and Defendants'ersons Most Knowledgeable, these depositions have not been completed. The reason for the delay in completing discovery was largely due to the impact of thc global pandemic presented by COVID-19 and the stay at home orders. The parties have agreed to an in person deposition of Defendant Sherman Lewis Wright and Defendants'ersons Most Knowledgeable, and understand that said depositions cannot proceed until deponents and counsel are vaccinated. To date, said depositions have not been completed. 11. On January 26, 2021, all parties signed a Stipulation to Continue the Trial date to 10 December 21, 2021, or a date convenient for this Court. (A true and correct copy of'our Stipulation to Continue the Trial date is attached hereto and incorporated herein by this reference 12 as Exhibit B.) 13 12. The trial in this matter is set for March 1, 2021. Given the impending trial date, 14 Plaintiff requests that this Court continue the trial date and al related dates to allow the parties to 15 complete discovery and properly prepare for trial on the merits. 16 1declare under penalty of perjury under the laws of the State of California that the 17 foregoing is true and correct and that this Declaration was executed on February 17, 2021 at 18 Covina, California. 19 Christopher P. Mesaros, Declarant 20 21 22 23 24 25 26 27 28 -7- NOTICE OF MOTION TO CONTINUE THE TRIAL AND ALL RELATED DATES L E Christopher Paul Mesaros (SBII 214314) FIRST LAW GROUP 314 East Rowland Street 2 Covina, CA 91723 Telephone: (626) 838-5700 3 Facsimile: (626) 838-5710 4 Attorneys for Plaintiff. DAVID NGUYEN SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO 10 11 DAVID NGU YEN Case No.: CGC-19-576056 Plaintiff, NOTICE OF TAKING DEPOSITION OF 13 SHERMAN LEWIS WRIGHT 14 SHERMAN LEWIS WRIGHT, FOIID Date: February 17, 2020 MOTOR COMPANY, CHARIOT TRANSIT, Time: I:00 p.m. INC. and DOES I through 30, Inclusive, Place: HAIGHT BROWN & BQNESTEEL 16 Three Embarcadcro Ccntcr, Suite 200 17 Defendant San Francisco, CA 94111 18 19 20 21 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE that the deposition of SHERMAN LEWIS WRIGHT, will be 23 taken by DAVID NGUYEN on February 17, 2020 at I:00 p.m., at HAIGHT BROWN dc 24 BONESTEEL, Thrcc Embarcadcro Center, Suite 200, San Francisco, CA 94111 before a 25 deposition officer authorized to administer oaths under the laws of the State of California. If said 26 deposition is not completed, the taking thereof is to continue from day to day, excluding Sundays 27 and holidays, until completed pursuant to California Code of Civil ("C.C.P.") Procedure I) 28 2025.220. NOTICE OF TAKING DEPOSITION OF SHERatAN I EWIS WRIGHT Peas I 1 Noticing Party intends to record the testimony by audio or video technology, in addition 2 to recording the testimony by the stenographic method and intends to record the testimony by 3 stenographic method through the instant visual display of the testimony pursuant to C.C.P. $ 4 2025.220(ax5). 5 Noticing Party funher intends to reserve the right to use at trial a video recording of the 6 deposition testimony of Ibis party, treating physician, consulting physician and/or expert witness 7 under subdivision (c) of Section 2025.620. 8 ff deponent does not proficiently speak or understand the English language and an 9 interpreter is required to translate testimony, notice of same must be given within five days 10 before the deposition date, and Ihe specific language and/or dialect designated 12 DATED: January 29, 2020 FIRST LAW GROUP, APC 13 14 15 Ey: 8~- Christopher P. Mcsaros Attorneys for Plaintiff, 16 DAVID NGUYEN 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF TAIONG DEPOSITION OF SHEIIMAN I EWIS WRIGHT PLSc 1 PROOF OF SERVICE I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is 314 E. Rowland Street Covina, CA. 91723. On January 29, 2020, I served the herein described document(s) through the means indicated below. 1. NOTICE OF TAKING DEPOSITION OF SHERMAN LEWIS WRIGHT FACSIMILE -by transmitting via facsimile the document(s) listedabove to thc fax number(s) set forth on the attached Telecommunications Cover Page(s) on this date. E-lvlAIL - by transmitting via electronic mail the document(s) listed above to thc e-mail addresses set forth below. 10 MAIL - by placing thc document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail to thc addresses listed below. 12 0 PERSONAL SERVICE - by personally delivering the document(s) listed above tc 13 thc person(s) at the address(es) set forth below. 14 0 OVERNIGHT COURIER - by placing the document(s) listed above in a scaled envelope with shipping prepaid, and depositing in a cogection box for next day 15 dclivcry to thc person(s) at thc address(es) set forth below via 16 Even M. Reese, Esq. 17 HAIGHT, BROWN & BONESTEEL, LLP 555 South Flower Street, 45th Floor IS Los Angeles, California 90071 19 I am readily familiar with thc firm's practice of collection and processing correspondcncc 20 for faxing, mailing and e-mailing. With regard to mailing, under that practice it would be 21 deposited with the U.S. Postal Service in Los Angeles on that same day with postage thereon fully prepaid in the ordinary course of business. Iam aware that on motion of the party served, 22 service is presumed invalid if postal cancellation date or postage meter date is more than one day 23 niter date of deposit for mailing in affidavit. 24 I declare under penalty of perjury under the laws of the State of California that thc above is true and correct. Executed on)anuaty 29,2020 in Covina, CA 91723. 25 26 Cc+Fiores 27 NGUYEN v. WRIGHT 28 Christopher Paul Mesaros (SB¹ 2143 14) FIRST1AW GROUP 314 East Rowland Street Covina, CA 91723 Telephone: (626) 838-5700 Facsrmilc: (626) 838-5710 Attorneys for Plaintiff. DAVID NGUYEN SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO 10 11 DAVID NGUYEN, Case No.: CGC-19-576056 Plaintiff, 12 vs. NOTICE OF TAKING DEPOSfI1ON OF 13 SHERMAN LEWIS WRIGHT 14 SHERMAN LEWIS WRIGHT, FORD Date: June 23, 2020 MOTOR COMPANY, CHARIOT TRANSIT, Time: I:00 pm. 15 INC. and DOES I through 30, Inclusive, Place: Zoom/Virtual Deposition 16 17 Defendant 18 19 20 21 TO ALL INTERESTED PARTIES AND THEIR ATI'ORNEYS OF RECORD: 23 24 25 26 deposition oflicer authorize to ~ PLEASE TAKE NOTICE that thc deposition of SHERMAN LEWIS WRIGHT, will bc taken by DAVID NGUYEN on June 23, 2020 at II00 pea by virtual deposition at before a oaths under thc laws of the State of California deposition is not comptctcd, the taking thereof is to continue Som day to day, excluding Sundays and holidays, until completed pursuant to California Code of Civil ("C.C J'.") Pmcechuc ti If said 27 2025220. 28 NOTICE OP TAMING DEPOamON OP snansIAN LEwts WRIGNT Page I Noticing Party intends to record tbe testimony by audio or video technology, in addition to recording tbe testimony by the stenographic method and intends to record the testimony by stenographic method through thc instant visual display of tbe testimony ptusuant to C.C.P. $ 2025220(a)(5). PLEASE TAKE FURTHER NOTICE that Pursuant to Executive Order N-38-20 and specificall to provisions 4A to 4B, the Court Rcportcr and witness are not required to be ia the same room during thc deposition, as formerly requued by C.C.P. 2025310. I'I Noticing Party intends to take the oral deposition of the witness through telephone, video conference, or other remote electronic means pursuant to California Rule of Court 3.1010. 10 Noticing Party further intends to reserve thc right to use at trial a video recording of the ll deposition testimony of this party, treating physician, consulting physician and/or cxpcrt witness 12 under subdivision (c) of Section 2025.620. 13 If deponent does not proficientl speak or understand thc English language and an 14 Interpreter is required to translate testimony, notice of same must be given within Svc days 15 before the deposition date, and the specISc language and/or dialect designated 16 17 DATED: May 22, 2020 PIRST LAW GROUP, APC Ig 19 By: 20 Chr9foiiher P. Mesaros Attorneys for Plaintiff, DAVID NOUYEN 21 24 26 27 2$ NOTICE Of TAKDIG DafosmON Of SHERMAN tavrta WRIGHT tares PROOF OF SERVICE 2 I am a resident of thc State of California, over the age of cightcen years, and not a party to tbe within action. My business address is 314 E. Rowland Strcct Covina, CA. 91723. My email address is sandra Srstlg.corn. On May 26, 2020 at spproxlmateiy 9:00 am. I served tbe 4 herein described document(s) through thc means indicated below. 5 NOTICE OF TAKING DEPOSITION OF DEFENDANT 6 SHERMAN LEWIS WRIGKl' 0 FACSIMILE - by transmitting via facsimile thc document(s) listed above to the 8 Srx number(s) sct forth on tbe attached Telecommumcanons Cover Page(s) on this date. 10 X E-MAIL - by transmitting via electronic mail the document(s) listed above to the 12 0 MAIL postage - by phrcing thereon fully tbe ~s) e-mail dhdresses set forth below. prepaid, in thc listed above United States in mail a scaled to thc envelope addresses witb listed below. 13 14 0 PERSONAL SERVICE - by personaUy delivering tbc document(s) listed above ta thc person(s) at the address(cs) sct forth below. 15 0 OVERNIGHT COURIER - by placing thc document(s) listed above in a sealed 16 cnvclope with shipping prepaid, and cpoiting in a collection box for next day delivery to the person(s) at tbc address(cs) set forth below via 17 Evan M. Reese, Esq. Auorneys for Qrf~dantc shcevnan Lewis 18 HAIGHT, BROWN d. BONESTEEL, LLP Wright, Ford Motor Company and Chariot 19 555 South Flower Sueet, 45th Floor Transit, hc. Los Angeles, California 90071 20 Email: Rcese, Evan M. creese&hbblaw.corn 21 hniianovic@hbbiaw.corn I am readily familiar with thc Erm's practice of collection and processing correspondcncc for hxing, mailing and e-mailing. With regard to mailing, under that practice itwould bc dcpositcd with thc U.S. Postal Service in Los Angeles on thu same day with postage thereos fuBy prepaid in thc orduuuy course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than onc day after date of deposit for mailing in atEdavlt. is true and correct. Executed on May 26, 2020 in Co 'A I declare under penalty of perjury under thc laws of the State o 9 723 'mia that thc above Nguyen v. Wright 1 Christopher P. Mcsaros, Esq. SBN 214314 FIRST LAW GROUP 314 R Rowland St. Covina, CA 91723 Tcl: (626) 838-5700 4 Fax:(626) 838-5710 Attorney for Plaintiff DAVID NGUYEN 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO 10 11 DAVID NGUYEN, ) Case No.: CGC-19-576056 12 ) Plaintiff ) 13 ) NOTICE OF TAKING DEPOSITION OF ) DEFENDANT FORD MOTOR 14 ) COMPANY'S PERSON MOST ) SHERMAN LEWIS WRIGHT, FORD MOTOR ) KNOWLEDGEABLE COMPANY, CHARIOT TRANSIT, INC. and ) 16 DOES I through 30, inclusive, ) Date: June 24, 2020 ) Tune: 1:00 p.m. - Virtual Defendants. ) ) 18 ) ) 19 20 21 22 PLEASE TAKE NOTICE that pursuant to Code of Civil Procedure 8 2025210 er. seq., 23 Plaintiff shall take the deposition of the Defendant FORD MOTOR GROUP's Person(s) Most 24 Knowledgeable with regards to: 25 1. The employmcnt records of Defendant SHERMAN LEWIS WRIGHT. 26 2, The personnel fil of Defendant SHHUvlAN LEWIS WRIGHT. 27 3. Defendant SHERMAN LEWIS WRIGHT's job duties at the time of the incident. 28 4. Defendant SHEIUvlAN LEWIS WRIGHT's particular assignmcnt at the time thc incident -I- NOTICE OF TAIGNG DEPOSITION OF PERSON MOST I4NOWLEDGEASI E 5. 'Iltc training, including the date(s) tbe training wss completed, that Defendant SHERMAN LEWIS WRIGHT had with Defendant FORD MOTOR GROUP. 6. The deUvery rout, including, but not limited to, route number and street-by-sueet direction, that Dcfcndant SHERMAN LEWIS WRIGHT was scheduled to follow on the day of the incident. 7 7. The equipment, options and/or fcanues on the TRANSIT WAGON that Defendant 8 SHERMAN LEWIS WRIGHT was operating at the time of the incident wes(were) capable of capturing or recording photographs, video, motion pictures, slides, snd/or audio. ~ 10 8. Preservation of cvidencc rchuhtg to tbe incident, including atemcnts, video or audio 12 9. policics in effec on thc day of this incident that provide covcragc and/or thc 13 potential for coverage of this incident for Defendant SHERMAN LEWIS WRIGHT, including all primary, excess, umbreUa, supplemcntaL and/or any other insurance. 15 10. Insunmoc policics in effect on the day of this incident that provide covcragc and/or thc 16 potential for covcragc of this incident for Defendant FORD MOTOR GROUP, including 17 all primary, excess, umbrella, supplemental, or any other lnsuranc . 18 11. The details of Defendant FORD MOTOR GROUP, protocol, policy or guidelines (whether 19 oral or in writing) for capturing, storing and maintaining video and/or photographic 20 surveillance for motor vehicle incidents. 21 12. Video of tbe incident. 22 13. Photographs of the incident. 23 14. All maintcnancc and/or service records for Dcfendat FORD MOTOR GROUP'S 24 TRANSIT WAGON involved in tbe incident for the prior 36 months. 25 Further, the Deponent is to produce thc following documents on thc date of the deposition by email if 26 virtual; or at thc deposition if in person: 27 1. Video of thc incident 28 2. Photographs of the incident. -1- NOTICE OF TAKING DEFOSITlON OF PERSON MOST KNOWLEOGEABt,E 4. Maintenance/service records for Defendant FORD MOTOR COMPANY TRANSIT 2 WAGON/vehicle involved in tbe incident. 3 Thc deposition will commence on 3uae 24, 2020 at I:00 pan. by virtual deposition at bcforc s deposition oIEccr authorized to ministcx oaths under tbe laws of the State of California. If said deposition is not completetj thc udting thereof is to continuo 6nm day to day, cxduding Sundays and holidays, until completed pursuant to California Coda of Civil ("C.C.P."j Procedure 5 2025220. PLEASE TAKE FURTHER NOTICE that pursuant to Exccudve Order N-38-20 snd speciEcally to provisions 4A to 4B, tbc Court Reporter and witness are not required to bc in the same room during thc deposition, as formerly required by C.C J. $ 20253 I O. Noticing Party intends to take the oral deposition of thc witness thmugh telephone, video conference, or other remote electronic means pursuant to California Rulc of Court 3.1010. 11 Noticing Party intends to record thc testimony by audio or video technology, in addition to recording thc testimony by the stenographic method and intends to record the testimony by stenographic method through thc instant visual display of tbe testimony. 4 Noticing Party further intends to reserve tbc right to usc at trial a video recording of the deposlnon testimony of this party, treating physician, consulting physician and/or expert witness under subdivision (c) of Section 2025.620. IF AN INTERPREIER IS REQUIRED TO TRANSLATE TESTIMONY, NOTICE OF SAME MUST BE GIVEN WITHIN FIVE (5) DAYS BEFORE THE DEPOSITION DATE AND 10 20 THE SPECIFIC LANGUAGE OR DIALECI'ESIGNATED, 21 DATED: Ma)lgf 2020 FIRST LAW GROUP, APC 22 23 24 Cbristopber P. Mcsaros, Esq. 25 Attorney for PlaintHf, DAVID NGUYEN 26 27 28 ~3- NOTICE OF TAKING DEPOSITION OF PERSON MOST KNOWLEDGEABLE PROOF OF SERVICE I am a rcsidcnt of the State of California, over thc agc of eightccn years, and not a party to the within action. My business address is 314