Stipulation,Agreement: HERZIE MENDOZA VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

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                                1    DANIEL R. STERRETT (SBN 260290)
     LAW OFFICES OF DANIEL STERRETT
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     315 Montgomery Street, Suite 900                                     ELECTRONICALLY
3    San Francisco, CA 94104                                                  FILED
     Tel: (415) 829-4485                                                  Superior Court of California,
                                                                           County of San Francisco
4    Attorneys for Herzie Mendoza
                                                                               07/23/2021
5                                                                         Clerk of the Court
                                                                              BY: SANDRA SCHIRO
6              IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA                         Deputy Clerk

                        FOR THE COUNTY OF SAN FRANCISCO
7                            UNLIMITED JURISDICTION
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9    HERZIE MENDOZA, an individual,             Case No.: CGC-19-575541

10               Plaintiff,

11   vs.                                        NOTICE OF EX PARTE APPLICATION
                                                AND APPLICATION FOR
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     CITY AND COUNTY OF SAN FRANCISCO           CONTINUANCE OF TRIAL DATE AND
     AND DOES 1 THROUGH 10 INCLUSIVE,           PRE-TRIAL DEADLINES
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                                                PER STIPULATION OR FOR ORDER
14               Defendants                     SHORTENING TIME FOR MOTION
                                                FOR CONTINUANCE OF TRIAL DATE
15                                              AND PRE-TRIAL DEADLINES
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17                                              Hearing Date: July 27, 2021
                                                Time: 11:00
18                                              Place: Dept. 206
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                                                Date Action Filed: April 26, 2019
21                                              Trial Date: September 7, 2021
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                                      NOTICE AND MOTION
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1    TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD
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            On July 27, 2021 at 11:00 a.m., in Department 206, Plaintiff Herzie Mendoza
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     (“Plaintiff”), will apply and move, ex parte, for an order continuing trial pursuant to stipulation.
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     Alternately, Plaintiff seeks an order shortening time for a hearing on August 3, 2021 for a motion
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6    to continue trial to be heard. This application is unopposed. The parties have stipulated to

7    continue the trial date from September 7, 2021 to February 22, 2022. Plaintiff makes this
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     application on the grounds that there have been delays in discovery relating to COVID-19, and
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     the parties need additional time to complete discovery. Defendant is taking an independent
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     medical examination of Plaintiff on August 4, 2021. This IME involves a complex battery of
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12   mental tests, and a report will take 3-4 weeks to complete. Further, the parties have noticed

13   depositions of several witnesses. The parties would like to purse ADR prior to trial. The parties
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     are looking to set a settlement conference with the court in late August or early September. Until
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     this discovery is complete, settlement efforts will be challenging.
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            Moreover, Plaintiff’s counsel, due to the COVID-19 pandemic, had a trial moved to the

18   week of August 30, 2021. This will impact his ability to prepare for trial the following week.

19          Two prior continuances have been sought and granted – both were stipulated. As set
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     forth in the Memorandum of Points and Authorities and the Declaration of Daniel Sterrett, both
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     filed with this notice, good cause exists to order a trial continuance to the requested and
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     stipulated date.
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24   DATED: July 23, 2021
                                            LAW OFFICES OF DANIEL STERRETT
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                                                    Daniel Sterrett
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27                                          By:    ___________________________
                                                    DANIEL R. STERRETT
28                                                  Attorney for Plaintiff HERZIE MENDOZA
                                            NOTICE AND MOTION
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