On April 26, 2019 a
Stipulation,Agreement
was filed
involving a dispute between
Mendoza, Herzie,
and
City And County Of San Francisco,
Does 1 To 10,
for PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED
in the District Court of San Francisco County.
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1 DENNIS J. HERRERA, State Bar #139669
City Attorney
2 MEREDITH B. OSBORN, State Bar #250467 ELECTRONICALLY
Chief Trial Deputy FILED
3 DAVID A. DELBON, State Bar #133927 Superior Court of California,
County of San Francisco
Deputy City Attorney
4 Fox Plaza 01/13/2021
1390 Market Street, Sixth Floor Clerk of the Court
5 San Francisco, California 94102-5408 BY: JUDITH NUNEZ
Deputy Clerk
Telephone: (415) 554-3962
6 Facsimile: (415) 554-3837
E-Mail: david.delbon@sfcityatty.org
7
8 Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN FRANCISCO
12 UNLIMITED JURISDICTION
13 HERZIE MENDOZA, Case No. CGC-19-575541
14 Plaintiff, NOTICE OF STIPULATED EX PARTE
APPLICATION FOR CONTINUANCE OF
15 vs. TRIAL AND DISCOVERY DEADLINES
16 CITY AND COUNTY OF SAN
FRANCISCO, and DOES 1-10, inclusive, Hearing Date: January 14, 2021
17 Time: 11:00 a.m.
Defendants. Place: Dept. 206
18
Date Action Filed: April 26, 2019
19 Trial Date: March 8, 2021
20
21
22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD
23 Defendant, City and County of San Francisco (“Defendant”), hereby applies and moves, ex
24 parte, for an order continuing trial pursuant to a stipulation by all parties.
25 The parties have stipulated to continue the trial date from March 8, 2021 to September 7, 2021.
26 Defendant makes this application on the grounds that there have been some unavoidable delays in
27 discovery relating to COVID-19, unavailability of counsel, and the parties need additional time to
28 complete discovery due to calendaring difficulties related to a neuropsychological examination under
1
CCSF’s Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505148.docx
1 CCP § 2032.010. In addition, a continuance of the trial would allow the parties additional time to
2 engage in meaningful settlement discussions and/or participate in a mediation. Finally, the operator of
3 the Muni bus involved in the subject incident has not yet been deposed due to a leave of absence from
4 work in late 2020.
5 One prior continuance has been granted. As set forth in the Memorandum of Points and
6 Authorities and the Declaration of David A. Delbon, both filed with this notice, good cause exists to
7 order a trial continuance to the requested and stipulated date of September 7, 2021.
8
9 Dated: January 13, 2021
10 DENNIS J. HERRERA
City Attorney
11 MEREDITH B. OSBORN
Chief Trial Deputy
12 DAVID A. DELBON
13 Deputy City Attorney
14
By: /s/ David A. Delbon
15 DAVID A. DELBON
16 Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
17
18
19
20
21
22
23
24
25
26
27
28
2
CCSF’s Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505148.docx
PROOF OF SERVICE
1
I, ANITA MURDOCK, declare as follows:
2
I am a citizen of the United States, over the age of eighteen years and not a party to the above-
3 entitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building,
1390 Market Street, Sixth Floor, San Francisco, CA 94102.
4
On January 13, 2021, I served the following document(s):
5
NOTICE OF STIPULATED EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL
6 AND DISCOVERY DEADLINES
7 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF STIPULATED EX
PARTE APPLICATION FOR CONTINUANCE OF TRIAL AND DISCOVERY DEADLINES
8 DECLARATION OF DAVID A. DELBON IN SUPPORT OF STIPULATED EX PARTE
APPLICATION REQUESTING ORDER TO CONTINUE TRIAL DATE AND DISCOVERY
9 DEADLINES
10 STIPULATION TO CONTINUE TRIAL
[PROPOSED] ORDER TO CONTINUE TRIAL DATE AND DISCOVERY DEADLINES
11 PURSUANT TO STIPULATION
12 on the following persons at the locations specified:
Daniel Sterrett, Esq.
13 Law Offices of Daniel Sterrett
315 Montgomery Street, Suite 900
14 San Francisco, CA 94104
Telephone: 415-829-4485
15 Email: Sterrett@sterrettlawfirm.com
16 Attorney for Plaintiff
17 in the manner indicated below:
18 BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic
service, I caused the documents to be served electronically through File & ServeXpress in portable document
19 format ("PDF") Adobe Acrobat.
20 BY ELECTRONIC MAIL: I caused a copy of such document to be transmitted via electronic mail in
portable document format (“PDF”) Adobe Acrobat from the electronic address: anita.murdock@sfcityatty.org.
21
I declare under penalty of perjury pursuant to the laws of the State of California that the
22 foregoing is true and correct.
23 Executed January 13, 2021, at Antioch, California.
24
ANITA MURDOCK
25
26
27
28
3
CCSF’s Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505148.docx
Document Filed Date
January 13, 2021
Case Filing Date
April 26, 2019
Category
PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED
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1 DENNIS J. HERRERA, State Bar #139669 City Attorney 2 MEREDITH B. OSBORN, State Bar #250467 ELECTRONICALLY Chief Trial Deputy FILED 3 DAVID A. DELBON, State Bar #133927 Superior Court of California, County of San Francisco Deputy City Attorney 4 Fox Plaza 01/13/2021 1390 Market Street, Sixth Floor Clerk of the Court 5 San Francisco, California 94102-5408 BY: JUDITH NUNEZ Deputy Clerk Telephone: (415) 554-3962 6 Facsimile: (415) 554-3837 E-Mail: david.delbon@sfcityatty.org 7 8 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN FRANCISCO 12 UNLIMITED JURISDICTION 13 HERZIE MENDOZA, Case No. CGC-19-575541 14 Plaintiff, NOTICE OF STIPULATED EX PARTE APPLICATION FOR CONTINUANCE OF 15 vs. TRIAL AND DISCOVERY DEADLINES 16 CITY AND COUNTY OF SAN FRANCISCO, and DOES 1-10, inclusive, Hearing Date: January 14, 2021 17 Time: 11:00 a.m. Defendants. Place: Dept. 206 18 Date Action Filed: April 26, 2019 19 Trial Date: March 8, 2021 20 21 22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD 23 Defendant, City and County of San Francisco (“Defendant”), hereby applies and moves, ex 24 parte, for an order continuing trial pursuant to a stipulation by all parties. 25 The parties have stipulated to continue the trial date from March 8, 2021 to September 7, 2021. 26 Defendant makes this application on the grounds that there have been some unavoidable delays in 27 discovery relating to COVID-19, unavailability of counsel, and the parties need additional time to 28 complete discovery due to calendaring difficulties related to a neuropsychological examination under 1 CCSF’s Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505148.docx 1 CCP § 2032.010. In addition, a continuance of the trial would allow the parties additional time to 2 engage in meaningful settlement discussions and/or participate in a mediation. Finally, the operator of 3 the Muni bus involved in the subject incident has not yet been deposed due to a leave of absence from 4 work in late 2020. 5 One prior continuance has been granted. As set forth in the Memorandum of Points and 6 Authorities and the Declaration of David A. Delbon, both filed with this notice, good cause exists to 7 order a trial continuance to the requested and stipulated date of September 7, 2021. 8 9 Dated: January 13, 2021 10 DENNIS J. HERRERA City Attorney 11 MEREDITH B. OSBORN Chief Trial Deputy 12 DAVID A. DELBON 13 Deputy City Attorney 14 By: /s/ David A. Delbon 15 DAVID A. DELBON 16 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 17 18 19 20 21 22 23 24 25 26 27 28 2 CCSF’s Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505148.docx PROOF OF SERVICE 1 I, ANITA MURDOCK, declare as follows: 2 I am a citizen of the United States, over the age of eighteen years and not a party to the above- 3 entitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building, 1390 Market Street, Sixth Floor, San Francisco, CA 94102. 4 On January 13, 2021, I served the following document(s): 5 NOTICE OF STIPULATED EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL 6 AND DISCOVERY DEADLINES 7 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF STIPULATED EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL AND DISCOVERY DEADLINES 8 DECLARATION OF DAVID A. DELBON IN SUPPORT OF STIPULATED EX PARTE APPLICATION REQUESTING ORDER TO CONTINUE TRIAL DATE AND DISCOVERY 9 DEADLINES 10 STIPULATION TO CONTINUE TRIAL [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND DISCOVERY DEADLINES 11 PURSUANT TO STIPULATION 12 on the following persons at the locations specified: Daniel Sterrett, Esq. 13 Law Offices of Daniel Sterrett 315 Montgomery Street, Suite 900 14 San Francisco, CA 94104 Telephone: 415-829-4485 15 Email: Sterrett@sterrettlawfirm.com 16 Attorney for Plaintiff 17 in the manner indicated below: 18 BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic service, I caused the documents to be served electronically through File & ServeXpress in portable document 19 format ("PDF") Adobe Acrobat. 20 BY ELECTRONIC MAIL: I caused a copy of such document to be transmitted via electronic mail in portable document format (“PDF”) Adobe Acrobat from the electronic address: anita.murdock@sfcityatty.org. 21 I declare under penalty of perjury pursuant to the laws of the State of California that the 22 foregoing is true and correct. 23 Executed January 13, 2021, at Antioch, California. 24 ANITA MURDOCK 25 26 27 28 3 CCSF’s Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505148.docx