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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, MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
15 vs. STIPULATED EX PARTE APPLICATION
FOR CONTINUANCE OF TRIAL AND
16 CITY AND COUNTY OF SAN DISCOVERY DEADLINES
FRANCISCO, and DOES 1-10, inclusive,
17 Hearing Date: January 14, 2021
Defendants. Time: 11:00 a.m.
18 Place: Dept. 206
19 Date Action Filed: April 26, 2019
Trial Date: March 8, 2021
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INTRODUCTION
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By this stipulated application, the parties jointly seek an order to continue the trial date of this
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lawsuit.
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Good cause exists for a trial continuance. The parties seek the continuance because they have
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experienced a delay in obtaining essential testimony, documents, and other material evidence due to
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the COVID-19 health public health crisis. Because of the COVID-19 Pandemic, the parties have been
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CCSF’s MPA ISO Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505147.docx
1 unable to conduct and complete discovery, expert evaluations, and potential mediation or settlement
2 conferences. In addition, plaintiff will undergo a neuropsychological evaluation due to an allegation
3 of a traumatic brain injury, and scheduling difficulties for the examination have arisen. Finally,
4 Songneng Liao (Muni transit operator) has not yet been deposed due to a personal leave of absence
5 from work in late 2020. Therefore, the parties now seek this stipulated trial continuance. Finally, a
6 continuance will further the interests of judicial economy as the parties believe that completing the
7 delayed discovery will facilitate the potential resolution of this action without a need for a trial.
8 There has been one prior stipulated continuance. The parties seek by stipulation to have the
9 new trial date set on September 7, 2021.
10 MEMORANDUM OF POINTS AND AUTHORITIES
11 A. Counsel has Fully Complied with California Rules of Court Rules 3.1203 and
3.1204
12
13 As stated in the declaration of David A. Delbon filed herewith, counsel has duly complied with
14 the notice requirements of California Rules of Court Rule, 3.1203 (a) and California Rules of Court
15 Rule, 3.1204 (b).
16 B. Good Cause Exists For The Application For A Trial Continuance.
17 This Ex Parte Application is based on good cause pursuant to California Rule of Court
18 3.1332(c) (1), (3), (7) and (d) (1), (2), (3), (5), (8), (9), (10), (11). The current trial date is March 8,
19 2021. This is a personal injury matter arising out of a Muni bus versus bicycle accident that occurred
20 on July 17, 2018. Plaintiff claims various personal injuries, as well as an alleged traumatic brain
21 injury. It is estimated that this trial will take at approximately 7 to 9 days to try.
22 Good cause exists for the continuance. The parties seek the continuance because they have
23 experienced a delay in obtaining essential testimony, documents, and other material evidence due to
24 the COVD-19 health public health crisis. Because of the COVID-19 Pandemic, the parties have been
25 unable to conduct and complete discovery, expert evaluations, and potential mediation or settlement
26 conferences. In addition, plaintiff will undergo a neuropsychological evaluation due to an allegation
27 of a traumatic brain injury, and scheduling difficulties for the examination have arisen. Finally,
28 Songneng Liao (Muni transit operator) has not yet been deposed due to a personal leave of absence
2
CCSF’s MPA ISO Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505147.docx
1 from work in late 2020. Therefore, the parties now seek this stipulated trial continuance. In addition, a
2 continuance will further the interests of judicial economy as the parties believe that completing the
3 delayed discovery will facilitate the potential resolution of this action without a need for a trial, either
4 by way of a settlement conference or mediation.
5 All parties have stipulation to the continuance. All parties have also agreed that all discovery,
6 motion, and expert discovery deadlines be calendared consistent with the new trial date.
7 This Ex Parte Application is based upon this Application, the Stipulation of the parties, the
8 entire papers and files on record with the Court herein, and upon such other oral and documentary
9 evidence as may be presented at the time of the hearing of this Application.
10 CONCLUSION
11 Good cause exists for the granting of this stipulated requested continuance. The interests of
12 justice and judicial economy would be best served by this stipulated trial continuance.
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14 Dated: January 13, 2021
15 DENNIS J. HERRERA
City Attorney
16 MEREDITH B. OSBORN
Chief Trial Deputy
17 DAVID A. DELBON
18 Deputy City Attorney
19
By: /s/ David A. Delbon
20 DAVID A. DELBON
21 Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
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CCSF’s MPA ISO Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505147.docx
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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, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF 15 vs. STIPULATED EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL AND 16 CITY AND COUNTY OF SAN DISCOVERY DEADLINES FRANCISCO, and DOES 1-10, inclusive, 17 Hearing Date: January 14, 2021 Defendants. Time: 11:00 a.m. 18 Place: Dept. 206 19 Date Action Filed: April 26, 2019 Trial Date: March 8, 2021 20 21 22 INTRODUCTION 23 By this stipulated application, the parties jointly seek an order to continue the trial date of this 24 lawsuit. 25 Good cause exists for a trial continuance. The parties seek the continuance because they have 26 experienced a delay in obtaining essential testimony, documents, and other material evidence due to 27 the COVID-19 health public health crisis. Because of the COVID-19 Pandemic, the parties have been 28 1 CCSF’s MPA ISO Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505147.docx 1 unable to conduct and complete discovery, expert evaluations, and potential mediation or settlement 2 conferences. In addition, plaintiff will undergo a neuropsychological evaluation due to an allegation 3 of a traumatic brain injury, and scheduling difficulties for the examination have arisen. Finally, 4 Songneng Liao (Muni transit operator) has not yet been deposed due to a personal leave of absence 5 from work in late 2020. Therefore, the parties now seek this stipulated trial continuance. Finally, a 6 continuance will further the interests of judicial economy as the parties believe that completing the 7 delayed discovery will facilitate the potential resolution of this action without a need for a trial. 8 There has been one prior stipulated continuance. The parties seek by stipulation to have the 9 new trial date set on September 7, 2021. 10 MEMORANDUM OF POINTS AND AUTHORITIES 11 A. Counsel has Fully Complied with California Rules of Court Rules 3.1203 and 3.1204 12 13 As stated in the declaration of David A. Delbon filed herewith, counsel has duly complied with 14 the notice requirements of California Rules of Court Rule, 3.1203 (a) and California Rules of Court 15 Rule, 3.1204 (b). 16 B. Good Cause Exists For The Application For A Trial Continuance. 17 This Ex Parte Application is based on good cause pursuant to California Rule of Court 18 3.1332(c) (1), (3), (7) and (d) (1), (2), (3), (5), (8), (9), (10), (11). The current trial date is March 8, 19 2021. This is a personal injury matter arising out of a Muni bus versus bicycle accident that occurred 20 on July 17, 2018. Plaintiff claims various personal injuries, as well as an alleged traumatic brain 21 injury. It is estimated that this trial will take at approximately 7 to 9 days to try. 22 Good cause exists for the continuance. The parties seek the continuance because they have 23 experienced a delay in obtaining essential testimony, documents, and other material evidence due to 24 the COVD-19 health public health crisis. Because of the COVID-19 Pandemic, the parties have been 25 unable to conduct and complete discovery, expert evaluations, and potential mediation or settlement 26 conferences. In addition, plaintiff will undergo a neuropsychological evaluation due to an allegation 27 of a traumatic brain injury, and scheduling difficulties for the examination have arisen. Finally, 28 Songneng Liao (Muni transit operator) has not yet been deposed due to a personal leave of absence 2 CCSF’s MPA ISO Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505147.docx 1 from work in late 2020. Therefore, the parties now seek this stipulated trial continuance. In addition, a 2 continuance will further the interests of judicial economy as the parties believe that completing the 3 delayed discovery will facilitate the potential resolution of this action without a need for a trial, either 4 by way of a settlement conference or mediation. 5 All parties have stipulation to the continuance. All parties have also agreed that all discovery, 6 motion, and expert discovery deadlines be calendared consistent with the new trial date. 7 This Ex Parte Application is based upon this Application, the Stipulation of the parties, the 8 entire papers and files on record with the Court herein, and upon such other oral and documentary 9 evidence as may be presented at the time of the hearing of this Application. 10 CONCLUSION 11 Good cause exists for the granting of this stipulated requested continuance. The interests of 12 justice and judicial economy would be best served by this stipulated trial continuance. 13 14 Dated: January 13, 2021 15 DENNIS J. HERRERA City Attorney 16 MEREDITH B. OSBORN Chief Trial Deputy 17 DAVID A. DELBON 18 Deputy City Attorney 19 By: /s/ David A. Delbon 20 DAVID A. DELBON 21 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 22 23 24 25 26 27 28 3 CCSF’s MPA ISO Ex Parte Application Continue Trial; Case No. 575541 n:\lit\li2019\200179\01505147.docx