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1 DAVID CHIU, State Bar #189542
City Attorney
2 ELECTRONICALLY
JONATHAN C. ROLNICK, State Bar #151814
Chief Labor Attorney FILED
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 12/28/2021
Fox Plaza Clerk of the Court
BY: SANDRA SCHIRO
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 EX PARTE
16 vs. APPLICATION TO CONTINUE TRIAL AND
TRIAL DEADLINES
17 CITY AND COUNTY OF SAN
FRANCISCO, Hearing Date: December 29, 2021
18 Hearing Judge: Samuel K. Feng
Defendant. Time: 11:00 a.m.
19 Place: Dept 206
20 Date Action Filed: July 30, 2019
Trial Date: March 14, 2022
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YAN DEC. I.S.O. APP. TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01573372.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. Due to a number of unexpected discovery issues, however, that mediation never occurred.
8 4. Those discovery issues have since been resolved, and the Parties have now reached an
9 agreement to mediate this case with Retired Judge Jeff Winikow on February 25, 2022, which is the
10 earliest date on which Judge Winikow is available. The Parties do not anticipate any impediments to
11 this mediation.
12 5. To prevent the accumulation of unnecessary attorneys’ fees and costs, the Parties have
13 agreed not to serve further discovery requests until after the mediation has taken place. Continuing the
14 trial date and all associated deadlines will allow the Parties to devote their attention to settlement
15 rather than taking depositions, convening experts, and preparing for trial, which may ultimately prove
16 unnecessary.
17 6. Moreover, in early October 2021—well after the Court granted its last trial
18 continuance—I learned for the first time that the entire Office’s Labor Team will be fully engaged and
19 occupied in bargaining with the City’s unions from March until May 2022. Given this time-consuming
20 obligation, neither I nor my colleague, Deputy City Attorney Amy Frenzen, will be available to
21 represent the City at trial on March 14, 2022.
22 7. The Parties have met and conferred and agree that a trial continuance is appropriate,
23 and that trial should be continued to June 13, 2022, or as soon thereafter as is convenient to the Court.
24 8. Notice of this Application was served by email on Plaintiff’s counsel Mathew
25 Stephenson and Deborah Kochan on December 27, 2021. Plaintiff’s counsel have already informed me
26 that they are on vacation and will not be able to attend the hearing, but have agreed that I should
27 proceed with the hearing in their absence.
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CASE NO. CGC-19-578026
1 I declare under penalty of perjury under the laws of the State of California that the foregoing is
2 true and correct.
3 Executed this 27th day of September 2021, at Oakland, California.
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/s/Matthew K. Yan
6 MATTHEW K. YAN
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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 DECLARATION OF MATTHEW K. YAN IN SUPPORT OF STIPULATED EX PARTE
APPLICATION TO CONTINUE TRIAL AND TRIAL DEADLINES
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on the following persons at the locations specified:
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Deborah Kochan Attorneys for Plaintiff
10 Mathew Stephenson
KOCHAN & STEPHENSON
11 1680 Shattuck Avenue
Berkeley, CA 94709
12 Email: dkochan@kochanstephenson.net
Email: mstephenson@kochanstephenson.net
13 Email: support@kochanstephenson.net
14 in the manner indicated below:
15 BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of
the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with
16 the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's
Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed
17 for collection would be deposited, postage prepaid, with the United States Postal Service that same day.
18 BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed
envelope(s) and caused such envelope(s) to be delivered by hand at the above locations by a professional
19 messenger service. A declaration from the messenger who made the delivery is attached or will be
filed separately with the court.
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BY OVERNIGHT DELIVERY: I sealed true and correct copies of the above documents in addressed
21 envelope(s) and placed them at my workplace for collection and delivery by overnight courier service. I am
readily familiar with the practices of the San Francisco City Attorney's Office for sending overnight deliveries. In
22 the ordinary course of business, the sealed envelope(s) that I placed for collection would be collected by a courier
the same day.
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BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic
24 service, I caused the documents to be sent to the person(s) at the electronic service address(es) listed above. Such
document(s) were transmitted via electronic mail from the electronic address: latricia.baltodano@sfcityatty.org
25 in portable document format ("PDF") Adobe Acrobat or in Word document format.
26 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
27 format ("PDF") Adobe Acrobat.
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CASE NO. CGC-19-578026
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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CASE NO. CGC-19-578026
Preview
1 DAVID CHIU, State Bar #189542 City Attorney 2 ELECTRONICALLY JONATHAN C. ROLNICK, State Bar #151814 Chief Labor Attorney FILED 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 12/28/2021 Fox Plaza Clerk of the Court BY: SANDRA SCHIRO 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 EX PARTE 16 vs. APPLICATION TO CONTINUE TRIAL AND TRIAL DEADLINES 17 CITY AND COUNTY OF SAN FRANCISCO, Hearing Date: December 29, 2021 18 Hearing Judge: Samuel K. Feng Defendant. Time: 11:00 a.m. 19 Place: Dept 206 20 Date Action Filed: July 30, 2019 Trial Date: March 14, 2022 21 22 23 24 25 26 27 28 1 YAN DEC. I.S.O. APP. TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01573372.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. Due to a number of unexpected discovery issues, however, that mediation never occurred. 8 4. Those discovery issues have since been resolved, and the Parties have now reached an 9 agreement to mediate this case with Retired Judge Jeff Winikow on February 25, 2022, which is the 10 earliest date on which Judge Winikow is available. The Parties do not anticipate any impediments to 11 this mediation. 12 5. To prevent the accumulation of unnecessary attorneys’ fees and costs, the Parties have 13 agreed not to serve further discovery requests until after the mediation has taken place. Continuing the 14 trial date and all associated deadlines will allow the Parties to devote their attention to settlement 15 rather than taking depositions, convening experts, and preparing for trial, which may ultimately prove 16 unnecessary. 17 6. Moreover, in early October 2021—well after the Court granted its last trial 18 continuance—I learned for the first time that the entire Office’s Labor Team will be fully engaged and 19 occupied in bargaining with the City’s unions from March until May 2022. Given this time-consuming 20 obligation, neither I nor my colleague, Deputy City Attorney Amy Frenzen, will be available to 21 represent the City at trial on March 14, 2022. 22 7. The Parties have met and conferred and agree that a trial continuance is appropriate, 23 and that trial should be continued to June 13, 2022, or as soon thereafter as is convenient to the Court. 24 8. Notice of this Application was served by email on Plaintiff’s counsel Mathew 25 Stephenson and Deborah Kochan on December 27, 2021. Plaintiff’s counsel have already informed me 26 that they are on vacation and will not be able to attend the hearing, but have agreed that I should 27 proceed with the hearing in their absence. 28 2 YAN DEC. I.S.O. APP. TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01573372.docx CASE NO. CGC-19-578026 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is 2 true and correct. 3 Executed this 27th day of September 2021, at Oakland, California. 4 5 /s/Matthew K. Yan 6 MATTHEW K. YAN 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. I.S.O. APP. TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01573372.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 DECLARATION OF MATTHEW K. YAN IN SUPPORT OF STIPULATED EX PARTE APPLICATION TO CONTINUE TRIAL AND TRIAL DEADLINES 8 on the following persons at the locations specified: 9 Deborah Kochan Attorneys for Plaintiff 10 Mathew Stephenson KOCHAN & STEPHENSON 11 1680 Shattuck Avenue Berkeley, CA 94709 12 Email: dkochan@kochanstephenson.net Email: mstephenson@kochanstephenson.net 13 Email: support@kochanstephenson.net 14 in the manner indicated below: 15 BY UNITED STATES MAIL: Following ordinary business practices, I sealed true and correct copies of the above documents in addressed envelope(s) and placed them at my workplace for collection and mailing with 16 the United States Postal Service. I am readily familiar with the practices of the San Francisco City Attorney's Office for collecting and processing mail. In the ordinary course of business, the sealed envelope(s) that I placed 17 for collection would be deposited, postage prepaid, with the United States Postal Service that same day. 18 BY PERSONAL SERVICE: I sealed true and correct copies of the above documents in addressed envelope(s) and caused such envelope(s) to be delivered by hand at the above locations by a professional 19 messenger service. A declaration from the messenger who made the delivery is attached or will be filed separately with the court. 20 BY OVERNIGHT DELIVERY: I sealed true and correct copies of the above documents in addressed 21 envelope(s) and placed them at my workplace for collection and delivery by overnight courier service. I am readily familiar with the practices of the San Francisco City Attorney's Office for sending overnight deliveries. In 22 the ordinary course of business, the sealed envelope(s) that I placed for collection would be collected by a courier the same day. 23 BY ELECTRONIC MAIL: Based on a court order or an agreement of the parties to accept electronic 24 service, I caused the documents to be sent to the person(s) at the electronic service address(es) listed above. Such document(s) were transmitted via electronic mail from the electronic address: latricia.baltodano@sfcityatty.org 25 in portable document format ("PDF") Adobe Acrobat or in Word document format. 26 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 27 format ("PDF") Adobe Acrobat. 28 4 YAN DEC. I.S.O. APP. TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01573372.docx CASE NO. CGC-19-578026 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 YAN DEC. I.S.O. APP. TO CONTINUE TRIAL DATE n:\labor\li2019\200243\01573372.docx CASE NO. CGC-19-578026