On April 26, 2019 a
Motion-Secondary
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 DANIEL R. STERRETT (SBN 260290)
LAW OFFICES OF DANIEL STERRETT
2
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
07/31/2020
5 Clerk of the Court
BY: EDNALEEN ALEGRE
6 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA Deputy Clerk
FOR THE COUNTY OF SAN FRANCISCO
7 UNLIMITED JURISDICTION
8
9 HERZIE MENDOZA, an individual, Case No.: CGC-19-575541
10 Plaintiff,
11 vs. DECLARATION OF DANIEL
STERRETT IN SUPPORT OF EX
12
CITY AND COUNTY OF SAN FRANCISCO PARTE APPLICATION FOR
AND DOES 1 THROUGH 10 INCLUSIVE, CONTINUANCE OF TRIAL DATE AND
13
PRE-TRIAL DEADLINES
14 Defendants
Hearing Date: August 4, 2020
15 Time: 11:00
Place: Dept. 206
16
17
18 Date Action Filed: April 26, 2019
Trial Date: October 5, 2020
19
20
21
22
23
24
25
26
27
28
STERRETT DECL. ISO OF EX PARTE APPLICATION FOR TRIAL CONTINUANCE
-1
1 I, DANIEL STERRETT, declare as follows:
2
1. I am an attorney admitted to practice law in the State of California and before this
3 Court.
4 2. The information contained in this declaration is true of my own personal
5
knowledge, unless stated otherwise, and if called upon to do so, I could and would
competently testify thereto.
6
3. All parties in this action have stipulated to continue the trial date from October 5,
7 2020 to March 8, 2021.
8
4. All parties have met and conferred and found that March 8, 2021, is the most
9 convenient time for a trial in this case.
10 5. No other motions have been made to continue the trial date in this case. There
have been no prior continuances.
11
12 6. On July 28, 2020 I gave counsel David Delbon appropriate notice by email of my
intention to appear on the ex parte calendar via email. I understand counsel will
13 be appearing at the ex parte hearing and does not oppose the motion.
14
7. There is good cause for the stipulated continuance. Due to the extraordinary
15 circumstance of the COVID 19 pandemic, the parties have been unable to conduct
discovery or otherwise litigate this case. The delay in discovery in turn impacts
16 the ability to timely prepare, file and have heard dispositive motions.
17
8. The interests of justice and judicial economy would be best served by this
18 stipulated trial continuance.
19 9. The parties agree that the new trial date shall be deemed the initial trial date for
calendaring for motions, discovery, and expert discovery be consistent with the
20
new trial date.
21
10. I declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct.
23
24 Executed July 31, 2020, at San Francisco, California.
25
26
27 By: Daniel Sterrett
___________________________
DANIEL R. STERRETT
28
STERRETT DECL. ISO OF EX PARTE APPLICATION FOR TRIAL CONTINUANCE
-2
Document Filed Date
July 31, 2020
Case Filing Date
April 26, 2019
Category
PERSONAL INJURY/PROPERTY DAMAGE - NON-VEHICLE RELATED
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1 DANIEL R. STERRETT (SBN 260290) LAW OFFICES OF DANIEL STERRETT 2 315 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 07/31/2020 5 Clerk of the Court BY: EDNALEEN ALEGRE 6 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA Deputy Clerk FOR THE COUNTY OF SAN FRANCISCO 7 UNLIMITED JURISDICTION 8 9 HERZIE MENDOZA, an individual, Case No.: CGC-19-575541 10 Plaintiff, 11 vs. DECLARATION OF DANIEL STERRETT IN SUPPORT OF EX 12 CITY AND COUNTY OF SAN FRANCISCO PARTE APPLICATION FOR AND DOES 1 THROUGH 10 INCLUSIVE, CONTINUANCE OF TRIAL DATE AND 13 PRE-TRIAL DEADLINES 14 Defendants Hearing Date: August 4, 2020 15 Time: 11:00 Place: Dept. 206 16 17 18 Date Action Filed: April 26, 2019 Trial Date: October 5, 2020 19 20 21 22 23 24 25 26 27 28 STERRETT DECL. ISO OF EX PARTE APPLICATION FOR TRIAL CONTINUANCE -1 1 I, DANIEL STERRETT, declare as follows: 2 1. I am an attorney admitted to practice law in the State of California and before this 3 Court. 4 2. The information contained in this declaration is true of my own personal 5 knowledge, unless stated otherwise, and if called upon to do so, I could and would competently testify thereto. 6 3. All parties in this action have stipulated to continue the trial date from October 5, 7 2020 to March 8, 2021. 8 4. All parties have met and conferred and found that March 8, 2021, is the most 9 convenient time for a trial in this case. 10 5. No other motions have been made to continue the trial date in this case. There have been no prior continuances. 11 12 6. On July 28, 2020 I gave counsel David Delbon appropriate notice by email of my intention to appear on the ex parte calendar via email. I understand counsel will 13 be appearing at the ex parte hearing and does not oppose the motion. 14 7. There is good cause for the stipulated continuance. Due to the extraordinary 15 circumstance of the COVID 19 pandemic, the parties have been unable to conduct discovery or otherwise litigate this case. The delay in discovery in turn impacts 16 the ability to timely prepare, file and have heard dispositive motions. 17 8. The interests of justice and judicial economy would be best served by this 18 stipulated trial continuance. 19 9. The parties agree that the new trial date shall be deemed the initial trial date for calendaring for motions, discovery, and expert discovery be consistent with the 20 new trial date. 21 10. I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct. 23 24 Executed July 31, 2020, at San Francisco, California. 25 26 27 By: Daniel Sterrett ___________________________ DANIEL R. STERRETT 28 STERRETT DECL. ISO OF EX PARTE APPLICATION FOR TRIAL CONTINUANCE -2