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1 DAVID CHIU, State Bar #189542
City Attorney
2 ELECTRONICALLY
JONATHAN C. ROLNICK, State Bar #151814
Chief Labor Attorney F I L E D
3 MATTHEW K. YAN, State Bar #257918 Superior Court of California,
County of San Francisco
AMY P. FRENZEN, State Bar #245368
4 Deputy City Attorneys 01/11/2022
Fox Plaza Clerk of the Court
BY: RONNIE OTERO
5 1390 Market Street, Fifth Floor Deputy Clerk
San Francisco, California 94102-5408
6 Telephone: (415) 554-3845
Telephone: (415) 554-3885
7 E-Mail: matthew.yan@sfcityatty.org
E-Mail: amy.frenzen@sfcityatty.org
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Attorneys for Defendant
9 CITY AND COUNTY OF SAN FRANCISCO
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11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF SAN FRANCISCO
13 UNLIMITED JURISDICTION
14 MARGARITA HERRERA, Case No. CGC-19-578026
15 Plaintiff, DECLARATION OF MATTHEW K. YAN IN
SUPPORT OF STIPULATED MOTION TO
16 vs. CONTINUE TRIAL AND TRIAL DEADLINES
17 CITY AND COUNTY OF SAN Hearing Date: February 8, 2022
FRANCISCO, Hearing Judge: Samuel K. Feng
18 Time: 9:30 a.m.
Defendant. Place: Dept 206
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Date Action Filed: July 30, 2019
20 Trial Date: March 14, 2022
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YAN DEC. ISO MOTION TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01574715.docx
CASE NO. CGC-19-578026
1 I, Matthew K. Yan, declare:
2 1. I am a Deputy City Attorney for the City and County of San Francisco, the defendant in
3 this action, and am licensed to practice in all courts in the State of California. I have personal
4 knowledge of the facts below, and would testify competently to them if called as a witness to do so.
5 2. Trial in this matter is currently set for March 14, 2022.
6 3. The Parties last moved to continue trial in April 2021 in order to facilitate mediation of
7 this case. However, a number of unexpected discovery issues arose in early 2021, which could not be
8 resolved in time to proceed with the April 2021 mediation.
9 4. Those discovery issues have now been resolved. The Parties are fully committed to
10 mediation and have reached an agreement to mediate this case with Retired Judge Jeff Winikow on
11 February 25, 2022, which is the earliest date on which Judge Winikow is available. The Parties do not
12 anticipate any impediments to this mediation.
13 5. The Parties have yet to complete discovery or take any depositions in this matter. To
14 prevent the accumulation of unnecessary attorneys’ fees and costs, the Parties have agreed not to serve
15 further discovery requests until after the mediation has taken place. Continuing the trial date and all
16 associated deadlines will allow the Parties to devote their attention to settlement rather than taking
17 depositions, convening experts, and preparing for trial, which may ultimately prove unnecessary.
18 6. Moreover, in early October 2021—well after the Court granted its last trial
19 continuance—I learned for the first time that the entire Office’s Labor Team will be fully engaged and
20 occupied in bargaining with the City’s unions from March until May 2022. Given this time-consuming
21 obligation, neither I nor my colleague, Deputy City Attorney Amy Frenzen, will be available to
22 represent the City at trial on March 14, 2022.
23 7. The Parties have met and conferred and agree that a trial continuance is appropriate,
24 and that trial should be continued to June 13, 2022, or as soon thereafter as is convenient to the Court.
25 Attached hereto as Exhibit A is a stipulation signed by counsel for both parties.
26 I declare under penalty of perjury under the laws of the State of California that the foregoing is
27 true and correct.
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YAN DEC. ISO MOTION TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01574715.docx
CASE NO. CGC-19-578026
1 Executed this 11th day of January 2022, at Oakland, California.
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/s/Matthew K. Yan
4 MATTHEW K. YAN
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YAN DEC. ISO MOTION TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01574715.docx
CASE NO. CGC-19-578026
EXHIBIT A
EXHIBIT A
1 DAVID CHIU, State Bar #189542
City Attorney
2 JONATHAN C. ROLNICK, State Bar #151814
Chief Labor Attorney
3 MATTHEW K. YAN, State Bar #257918
AMY P. FRENZEN, State Bar #245368
4 Deputy City Attorneys
Fox Plaza
5 1390 Market Street, Fifth Floor
San Francisco, California 94102-5408
6 Telephone: (415) 554-3845
Telephone: (415) 554-3885
7 E-Mail: matthew.yan@sfcityatty.org
E-Mail: amy.frenzen@sfcityatty.org
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Attorneys for Defendant
9 CITY AND COUNTY OF SAN FRANCISCO
10 DEBORAH KOCHAN, State Bar #154330
Kochan & Stephenson
11 1680 Shattuck Ave
Berkeley, California 94709
12 Telephone: (510) 649-1130
Facsimile: (510) 649-1131
13 E-Mail: dkochan@kochanstephenson.net
14 Attorneys for Plaintiff
MARGARITA HERRERA
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16 SUPERIOR COURT OF THE STATE OF CALIFORNIA
17 COUNTY OF SAN FRANCISCO
18 UNLIMITED JURISDICTION
19 MARGARITA HERRERA, Case No. CGC-19-578026
20 Plaintiff, STIPULATION TO CONTINUE TRIAL AND
TRIAL DEADLINES
21 vs.
Hearing Date: December 29, 2021
22 CITY AND COUNTY OF SAN Hearing Judge: Samuel K. Feng
FRANCISCO, Time: 11:00 a.m.
23 Place: Dept. 206
Defendant.
24 Date Action Filed: July 30, 2019
Trial Date: March 14, 2022
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STIP TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01523858.docx
CASE NO. CGC-19-578026
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Defendant City and County of San Francisco (the “City” or “Defendant”) and Plaintiff
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Margarita Herrera (“Plaintiff”) hereby stipulate and request that the Court continue the trial date for
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three months, from March 14, 2022, until June 13, 2022, or as soon thereafter as this matter can be
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heard, and continue all pretrial dates and deadlines to correspond with the new trial date.
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Good cause exists for an extension of the trial date. The Parties are set to mediate this case with
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Retired Judge Jeff Winikow on February 25, 2022, the earliest available date for Judge Winikow. To
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prevent the accumulation of unnecessary attorneys’ fees and costs, the Parties have agreed not to serve
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further discovery requests until after the mediation has taken place. Continuing the trial date and all
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associated deadlines will allow the Parties to devote their attention to settlement rather than taking
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depositions, convening experts, and preparing for trial, which may ultimately prove unnecessary.
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In addition, in approximately early October 2021—well after the Court granted its last trial
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continuance—Defendant’s counsel learned for the first time that the entire Office’s Labor Team will
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be fully engaged and occupied in bargaining with the City’s Unions from March until May 2022.
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Given this time-consuming obligation, neither Matthew Yan nor Amy Frenzen will be available to
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represent Defendant at trial on March 14, 2022.
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IT IS SO STIPULATED.
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18 Dated: December 17, 2021 DAVID CHIU
City Attorney
19 JONATHAN C. ROLNICK
Chief Labor Attorney
20 MATTHEW K. YAN
AMY P. FRENZEN
21 Deputy City Attorneys
22 By: /s/Matthew K. Yan
MATTHEW K. YAN
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Attorneys for Defendant
24 CITY AND COUNTY OF SAN FRANCISCO
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STIP TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01523858.docx
CASE NO. CGC-19-578026
1 Dated: December 17, 2021 KOCHAN & STEPHENSON
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By:
3 MATHEW STEPHENSON
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Attorneys for Plaintiff
5 MARGARITA HERRERA
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STIP TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01523858.docx
CASE NO. CGC-19-578026
PROOF OF SERVICE
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2 I, LATRICIA BALTODANO, declare as follows:
3 I am a citizen of the United States, over the age of eighteen years and not a party to the above-
4 entitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building,
5 1390 Market Street, Fifth Floor, San Francisco, CA 94102.
6 On December 28, 2021, I served the following document(s):
7 STIPULATION TO CONTINUE TRIAL AND TRIAL DEADLINES
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on the following persons at the locations specified:
9 Deborah Kochan Attorneys for Plaintiff
Mathew Stephenson
10 KOCHAN & STEPHENSON
1680 Shattuck Avenue
11 Berkeley, CA 94709
Email: dkochan@kochanstephenson.net
12 Email: mstephenson@kochanstephenson.net
Email: support@kochanstephenson.net
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in the manner indicated below:
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BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of
15 the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with
the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's
16 Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed
for collection would be deposited, postage prepaid, with the United States Postal Service that same day.
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BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed
18 envelope(s) and caused such envelope(s) to be delivered by hand at the above locations by a professional
messenger service. A declaration from the messenger who made the delivery is attached or will be
19 filed separately with the court.
20 BY OVERNIGHT DELIVERY: I sealed true and correct copies of the above documents in addressed
envelope(s) and placed them at my workplace for collection and delivery by overnight courier service. I am
21 readily familiar with the practices of the San Francisco City Attorney's Office for sending overnight deliveries.
In
the ordinary course of business, the sealed envelope(s) that I placed for collection would be collected by a courier
22 the same day.
23 BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic
service, I caused the documents to be sent to the person(s) at the electronic service address(es) listed above.
Such
24 document(s) were transmitted via electronic mail from the electronic address: latricia.baltodano@sfcityatty.org
in portable document format ("PDF") Adobe Acrobat or in Word document format.
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BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic
26 service, I caused the documents to be served electronically through File & ServeXpress in portable document
format ("PDF") Adobe Acrobat.
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1 I declare under penalty of perjury pursuant to the laws of the State of California that the
2 foregoing is true and correct.
3 Executed December 28, 2021, at San Francisco, California.
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LATRICIA BALTODANO
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Preview
1 DAVID CHIU, State Bar #189542 City Attorney 2 ELECTRONICALLY JONATHAN C. ROLNICK, State Bar #151814 Chief Labor Attorney F I L E D 3 MATTHEW K. YAN, State Bar #257918 Superior Court of California, County of San Francisco AMY P. FRENZEN, State Bar #245368 4 Deputy City Attorneys 01/11/2022 Fox Plaza Clerk of the Court BY: RONNIE OTERO 5 1390 Market Street, Fifth Floor Deputy Clerk San Francisco, California 94102-5408 6 Telephone: (415) 554-3845 Telephone: (415) 554-3885 7 E-Mail: matthew.yan@sfcityatty.org E-Mail: amy.frenzen@sfcityatty.org 8 Attorneys for Defendant 9 CITY AND COUNTY OF SAN FRANCISCO 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 UNLIMITED JURISDICTION 14 MARGARITA HERRERA, Case No. CGC-19-578026 15 Plaintiff, DECLARATION OF MATTHEW K. YAN IN SUPPORT OF STIPULATED MOTION TO 16 vs. CONTINUE TRIAL AND TRIAL DEADLINES 17 CITY AND COUNTY OF SAN Hearing Date: February 8, 2022 FRANCISCO, Hearing Judge: Samuel K. Feng 18 Time: 9:30 a.m. Defendant. Place: Dept 206 19 Date Action Filed: July 30, 2019 20 Trial Date: March 14, 2022 21 22 23 24 25 26 27 28 1 YAN DEC. ISO MOTION TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01574715.docx CASE NO. CGC-19-578026 1 I, Matthew K. Yan, declare: 2 1. I am a Deputy City Attorney for the City and County of San Francisco, the defendant in 3 this action, and am licensed to practice in all courts in the State of California. I have personal 4 knowledge of the facts below, and would testify competently to them if called as a witness to do so. 5 2. Trial in this matter is currently set for March 14, 2022. 6 3. The Parties last moved to continue trial in April 2021 in order to facilitate mediation of 7 this case. However, a number of unexpected discovery issues arose in early 2021, which could not be 8 resolved in time to proceed with the April 2021 mediation. 9 4. Those discovery issues have now been resolved. The Parties are fully committed to 10 mediation and have reached an agreement to mediate this case with Retired Judge Jeff Winikow on 11 February 25, 2022, which is the earliest date on which Judge Winikow is available. The Parties do not 12 anticipate any impediments to this mediation. 13 5. The Parties have yet to complete discovery or take any depositions in this matter. To 14 prevent the accumulation of unnecessary attorneys’ fees and costs, the Parties have agreed not to serve 15 further discovery requests until after the mediation has taken place. Continuing the trial date and all 16 associated deadlines will allow the Parties to devote their attention to settlement rather than taking 17 depositions, convening experts, and preparing for trial, which may ultimately prove unnecessary. 18 6. Moreover, in early October 2021—well after the Court granted its last trial 19 continuance—I learned for the first time that the entire Office’s Labor Team will be fully engaged and 20 occupied in bargaining with the City’s unions from March until May 2022. Given this time-consuming 21 obligation, neither I nor my colleague, Deputy City Attorney Amy Frenzen, will be available to 22 represent the City at trial on March 14, 2022. 23 7. The Parties have met and conferred and agree that a trial continuance is appropriate, 24 and that trial should be continued to June 13, 2022, or as soon thereafter as is convenient to the Court. 25 Attached hereto as Exhibit A is a stipulation signed by counsel for both parties. 26 I declare under penalty of perjury under the laws of the State of California that the foregoing is 27 true and correct. 28 2 YAN DEC. ISO MOTION TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01574715.docx CASE NO. CGC-19-578026 1 Executed this 11th day of January 2022, at Oakland, California. 2 3 /s/Matthew K. Yan 4 MATTHEW K. YAN 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 YAN DEC. ISO MOTION TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01574715.docx CASE NO. CGC-19-578026 EXHIBIT A EXHIBIT A 1 DAVID CHIU, State Bar #189542 City Attorney 2 JONATHAN C. ROLNICK, State Bar #151814 Chief Labor Attorney 3 MATTHEW K. YAN, State Bar #257918 AMY P. FRENZEN, State Bar #245368 4 Deputy City Attorneys Fox Plaza 5 1390 Market Street, Fifth Floor San Francisco, California 94102-5408 6 Telephone: (415) 554-3845 Telephone: (415) 554-3885 7 E-Mail: matthew.yan@sfcityatty.org E-Mail: amy.frenzen@sfcityatty.org 8 Attorneys for Defendant 9 CITY AND COUNTY OF SAN FRANCISCO 10 DEBORAH KOCHAN, State Bar #154330 Kochan & Stephenson 11 1680 Shattuck Ave Berkeley, California 94709 12 Telephone: (510) 649-1130 Facsimile: (510) 649-1131 13 E-Mail: dkochan@kochanstephenson.net 14 Attorneys for Plaintiff MARGARITA HERRERA 15 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 17 COUNTY OF SAN FRANCISCO 18 UNLIMITED JURISDICTION 19 MARGARITA HERRERA, Case No. CGC-19-578026 20 Plaintiff, STIPULATION TO CONTINUE TRIAL AND TRIAL DEADLINES 21 vs. Hearing Date: December 29, 2021 22 CITY AND COUNTY OF SAN Hearing Judge: Samuel K. Feng FRANCISCO, Time: 11:00 a.m. 23 Place: Dept. 206 Defendant. 24 Date Action Filed: July 30, 2019 Trial Date: March 14, 2022 25 26 27 28 1 STIP TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01523858.docx CASE NO. CGC-19-578026 1 Defendant City and County of San Francisco (the “City” or “Defendant”) and Plaintiff 2 Margarita Herrera (“Plaintiff”) hereby stipulate and request that the Court continue the trial date for 3 three months, from March 14, 2022, until June 13, 2022, or as soon thereafter as this matter can be 4 heard, and continue all pretrial dates and deadlines to correspond with the new trial date. 5 Good cause exists for an extension of the trial date. The Parties are set to mediate this case with 6 Retired Judge Jeff Winikow on February 25, 2022, the earliest available date for Judge Winikow. To 7 prevent the accumulation of unnecessary attorneys’ fees and costs, the Parties have agreed not to serve 8 further discovery requests until after the mediation has taken place. Continuing the trial date and all 9 associated deadlines will allow the Parties to devote their attention to settlement rather than taking 10 depositions, convening experts, and preparing for trial, which may ultimately prove unnecessary. 11 In addition, in approximately early October 2021—well after the Court granted its last trial 12 continuance—Defendant’s counsel learned for the first time that the entire Office’s Labor Team will 13 be fully engaged and occupied in bargaining with the City’s Unions from March until May 2022. 14 Given this time-consuming obligation, neither Matthew Yan nor Amy Frenzen will be available to 15 represent Defendant at trial on March 14, 2022. 16 IT IS SO STIPULATED. 17 18 Dated: December 17, 2021 DAVID CHIU City Attorney 19 JONATHAN C. ROLNICK Chief Labor Attorney 20 MATTHEW K. YAN AMY P. FRENZEN 21 Deputy City Attorneys 22 By: /s/Matthew K. Yan MATTHEW K. YAN 23 Attorneys for Defendant 24 CITY AND COUNTY OF SAN FRANCISCO 25 26 27 28 2 STIP TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01523858.docx CASE NO. CGC-19-578026 1 Dated: December 17, 2021 KOCHAN & STEPHENSON 2 By: 3 MATHEW STEPHENSON 4 Attorneys for Plaintiff 5 MARGARITA HERRERA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIP TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01523858.docx CASE NO. CGC-19-578026 PROOF OF SERVICE 1 2 I, LATRICIA BALTODANO, declare as follows: 3 I am a citizen of the United States, over the age of eighteen years and not a party to the above- 4 entitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building, 5 1390 Market Street, Fifth Floor, San Francisco, CA 94102. 6 On December 28, 2021, I served the following document(s): 7 STIPULATION TO CONTINUE TRIAL AND TRIAL DEADLINES 8 on the following persons at the locations specified: 9 Deborah Kochan Attorneys for Plaintiff Mathew Stephenson 10 KOCHAN & STEPHENSON 1680 Shattuck Avenue 11 Berkeley, CA 94709 Email: dkochan@kochanstephenson.net 12 Email: mstephenson@kochanstephenson.net Email: support@kochanstephenson.net 13 in the manner indicated below: 14 BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of 15 the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's 16 Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed for collection would be deposited, postage prepaid, with the United States Postal Service that same day. 17 BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed 18 envelope(s) and caused such envelope(s) to be delivered by hand at the above locations by a professional messenger service. A declaration from the messenger who made the delivery is attached or will be 19 filed separately with the court. 20 BY OVERNIGHT DELIVERY: I sealed true and correct copies of the above documents in addressed envelope(s) and placed them at my workplace for collection and delivery by overnight courier service. I am 21 readily familiar with the practices of the San Francisco City Attorney's Office for sending overnight deliveries. In the ordinary course of business, the sealed envelope(s) that I placed for collection would be collected by a courier 22 the same day. 23 BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic service, I caused the documents to be sent to the person(s) at the electronic service address(es) listed above. Such 24 document(s) were transmitted via electronic mail from the electronic address: latricia.baltodano@sfcityatty.org in portable document format ("PDF") Adobe Acrobat or in Word document format. 25 BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic 26 service, I caused the documents to be served electronically through File & ServeXpress in portable document format ("PDF") Adobe Acrobat. 27 28 4 INSERT 1 LINE ONLY ABBREV DOC NAME & CASE NO. n:\labor\li2021\200243\01573353.docx 1 I declare under penalty of perjury pursuant to the laws of the State of California that the 2 foregoing is true and correct. 3 Executed December 28, 2021, at San Francisco, California. 4 LATRICIA BALTODANO 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 INSERT 1 LINE ONLY ABBREV DOC NAME & CASE NO. n:\labor\li2021\200243\01573353.docx