Motion,Ex Parte: Anderson v. Safeway, Inc.

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                                1   CHESTERFIELD A. SPAHR [SBN. 190173]
                         LAW OFFICES OF CHESTERFIELD A. SPAHR
                     2   227 23rd Avenue
                         San Francisco, California 94121
                     3   Telephone:       (415) 982-7800
                         Facsimile:       (888) 388-8203
                     4   Email:           chet@spahr.com

                     5   Attorneys for Plaintiff,
                         BRYAN J. ANDERSON
                     6

                     7

                     8                           SUPERIOR COURT OF THE STATE OF CALIFORNIA

                     9                                               COUNTY OF SONOMA
                    10                                            UNLIMITED JURISDICTION
                    11
             CHESTERFIELD A. SPAHR




                    12    BRYAN J. ANDERSON,                                            Case No. SCV-269070
           LAW OFFICES OF




                    13                          Plaintiff,                              DECLARATION OF CHESTERFIELD A.
                                                                                        SPAHR, ESQ. IN SUPPORT OF EX PARTE
                    14                                                                  APPLICATION FOR ORDER NAMING
                         vs.                                                            DOE DEFENDANT
                    15
                                                                                        Date:             09/01/2022
                    16    SAFEWAY, INC.          and DOES 1 – 30,                       Time:             10:30 a.m.
                                                                                        Courtroom:        18 – Hon. Jennifer V. Dollard
                    17
                                               Defendants.
                    18
                                                                                        Complaint Filed:      08/16/2021
                    19                                                                  Trial Date:           01/20/2023

                    20    SAFEWAY, INC.                                                 Filed Concurrently with:       Ex Parte Application
                                                                                        for Order Naming DOE Defendant; Amendment
                    21                        Cross-Complainant,                        to Complaint Naming DOE Defendant;
                                                                                        [Proposed] Order
                    22    vs.
                    23

                    24    NATIONAL ENTERTAINMENT
                          NETWORK, LLC, and ROES 1 through 20,
                    25    inclusive,
                    26                        Cross-Defendants.
                    27

                    28
                                                                                    1
                         DECLARATION OF CHESTERFIELD A. SPAHR, ESQ. IN SUPPORT OF EX PARTE APPLICATION
                         FOR ORDER NAMING DOE DEFENDANT
                     1            I, CHESTERFIELD A. SPAHR, declare:

                     2            1.       I am an attorney licensed to practice law in California and the attorney of record for

                     3   Plaintiff BRYAN J. ANDERSON.

                     4            2.       I have personal knowledge of the facts set forth in this declaration and if called as a

                     5   witness, could competently testify as set forth herein.

                     6            3.       On August 16, 2021, I caused to be filed the premises liability complaint herein on

                     7   behalf of plaintiff naming Safeway Inc. as defendants for personal injuries suffered by plaintiff.

                     8            4.       Being ignorant of the true names of other potential defendants, said other

                     9   defendants were named herein as DOES 1-30.
                    10            5.       After serving the Summons and Complaint against defendants Safeway, Inc.,
                    11    Safeway filed a cross-complaint against National Entertainment Network, LLC.                     I obtained
             CHESTERFIELD A. SPAHR




                    12    information rendering National Entertainment Network, LLC also liable.
           LAW OFFICES OF




                    13            6.       On August 8, 2022, at 4:27 PM, I notified attorney, Michael Burke, representing
                    14    Defendant, Safeway Inc., and attorney, Alexander Aronov, representing cross-defendant, National
                    15    Entertainment Network LLC of my intention to appear ex parte seeking an order to name a DOE
                    16    defendant. Counsel for both parties have responded stating they have no objections.
                    17            I declare under penalty of perjury under the laws of the State of California that the
                    18    foregoing is true and correct.
                    19            Executed on August 24, 2022, in County of San Francisco, State of California.
                    20

                    21

                    22
                                                                                        CHESTERFIELD A. SPAHR
                    23

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                         DECLARATION OF CHESTERFIELD A. SPAHR, ESQ. IN SUPPORT OF EX PARTE APPLICATION
                         FOR ORDER NAMING DOE DEFENDANT