Legal Document: Thadias B King et al vs JM Sewall & Associates et al

On February 11, 2021 a OPPO_TO_EX_PARTE_SEWALL_ was filed involving a dispute between King, Terri S, King, Thadias B, and Jm Sewall & Associates, Sewall, Jock M, for Unlimited Other non-PI/PD/WD Tort (35) in the District Court of Santa Barbara County.

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1 Louis R. Chao, State Bar No. 178426
Brian K. Stewart, State Bar No. 126412
2 COLLINS + COLLINS LLP
3 790 E. Colorado Boulevard, Suite 600
Pasadena, CA 91101
4 (626) 243-1100 – FAX (626) 243-1111
Email: bstewart@ccllp.law
5 Email: lchao@ccllp.law
6 Attorneys for Defendants,
7 JOCK M. SEWALL AIA and J.M. SEWALL & ASSOCIATES

8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SANTA BARBARA
10

11
THADIAS B. KING and TERRI S. KING, ) CASE NO. 21CV00598
12 Individually and as Trustees of The King ) Assigned to Honorable Colleen K. Stern
13 Family Trust, ) Department 5
)
14 Plaintiffs, ) OPPOSITION TO PLAINTIFFS’ EX PARTE
) APPLICATION REQUESTING AN ORDER
15 vs. ) CONTINUING THE SUMMARY JUDGMENT
) MOTION FOR HEARING AND TRIAL DATE
16
J.M. SEWALL & ASSOCIATES; JOCK M. )
17 SEWALL; and DOES 1 through 15, inclusive,) Date: August 31, 2022
) Time: 8:30
18 Defendants. ) Dept.: SB5
)
19 ) Zoom Instructions:
) Meeting ID: 161 505 3019
20
) Passcode: 2509581
21 )
) Complaint Filed: February 11, 2021
22 ) Trial Date: November 7, 2022
) MSC: October 14, 2022
23 )
24
The Court should deny Plaintiffs’ Ex Parte Application because it fails to provide all of the
25
relevant information, or to address why the deposition of the lone defendant was not taken before
26
July 12, 2022—when the Complaint was filed on February 11, 2021.
27

28
FILE # 21870
1
OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION REQUESTING AN ORDER
790 E. Colorado Blvd.,
Suite 600
Pasadena, CA 91101
Phone (626) 243-1100
Fax (626) 243-1111
CONTINUING THE SUMMARY JUDGMENT MOTION HEARING AND TRIAL DATE
1 In its Application, Plaintiffs suggest that their initial request for the deposition of Jock Sewall
2 took place on July 12, 2022:
3
(g) On July 12, 2022, I emailed defense counsel requesting dates for
4 Defendant’s deposition during a five week time frames: July 26-28,
August 10-12, 15-19, or 22-26. Defense counsel initially offered Mr.
5 Sewall for deposition on August 18, 2022, but a week later corrected
the date for August 17, 2022. I agreed to August 17, 2022 and noticed
6 the Defendant’s deposition. Attached hereto as Exhibits 1 and 2 are
7 true and correct copies of my communications with Defendant’s
counsel.
8
(See, Ex Parte Application at p. 2, l. 27 – p. 3, l. 4.)
9
However, discussions about taking the deposition of Jock Sewall started month’s earlier, after the
10

11 Defendants issued deposition notices for the two plaintiffs on February 24, 2022. (See, email attached

12 to the Declaration of Louis R. Chao as Ex. “A”.)

13 On March 29, 2022, an email (at 10:41 a.m.) from Plaintiff’s counsel, asked Defendants’
14 counsel, in relevant part: “What does your calendar look like the first two weeks of May for a
15 deposition of your client and possibly Paul Gunderson?” (See, Ex. “B” to the Chao Dec.) A response
16 later that same day (at 1:15 p.m.) states in relevant part: “If we continue the trial, Jock can be available
17 for a deposition during the first two weeks of June.” (Id.) A short while later (at 1:24 p.m.), Plaintiffs’
18 counsel stated in part:
19 I have trial call in our priority matter on June 6 in Judge Sterne’s court
room. I am willing to schedule during those weeks, but may need
20 to move Jock’s deposition back as we get closer and can better
determine when that trial is going to start.
21

22 (Id. Emphases added.)

23 Between March 29, 2022 and July 12, 2022, Plaintiffs did not do anything more to try and
24 secure Mr. Sewall’s deposition—even though, Defendants’ motion for summary judgment was filed
25
on June 6, 2022. Notably, at no point in time, have the Defendants refused to produce Mr. Sewall
26
///
27
///
28
FILE # 21870
2
OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION REQUESTING AN ORDER
790 E. Colorado Blvd.,
Suite 600
Pasadena, CA 91101
Phone (626) 243-1100
Fax (626) 243-1111
CONTINUING THE SUMMARY JUDGMENT MOTION HEARING AND TRIAL DATE
1 for his deposition. Therefore, Plaintiffs should not be rewarded for failing to prosecute their case
2 diligently.
3
DATED: August 30, 2022 COLLINS + COLLINS LLP
4

6 By: ________________________________
7
Brian K. Stewart
8 Attorneys for Defendants, JOCK M. SEWALL
AIA and J.M. SEWALL & ASSOCIATES
9

28
FILE # 21870
3
OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION REQUESTING AN ORDER
790 E. Colorado Blvd.,
Suite 600
Pasadena, CA 91101
Phone (626) 243-1100
Fax (626) 243-1111
CONTINUING THE SUMMARY JUDGMENT MOTION HEARING AND TRIAL DATE
1 DECLARATION OF LOUIS R. CHAO
2 I, LOUIS R. CHAO, declare as follows:
3
1. I am an attorney at law licensed to practice in the State of California. I am an attorney
4
with the law firm of Collins + Collins LLP, which represents Defendants, J.M. SEWALL &
5
ASSOCIATES (hereinafter referred to as “JMSA”) and JOCK M. SEWALL in this matter. I am
6

7 personally familiar with the matters stated herein and if called as a witness could competently testify

8 thereto.

9 2. The Court should deny Plaintiffs’ Ex Parte Application because it fails to provide all
10 of the relevant information, including why the deposition of the lone defendant was not taken before
11
July 12, 2022—when the Complaint was filed on February 11, 2021.
12
3. Initial discussions about taking the deposition of Jock Sewall started after our office
13
issued deposition notices for the two plaintiffs on February 24, 2022. (A true and correct copy of the
14

15 email is attached hereto as Exhibit “A”.)

16 4. On March 29, 2022, an email (at 10:41 a.m.) from Plaintiff’s counsel, asked me, in

17 relevant part: “What does your calendar look like the first two weeks of May for a deposition of

18 your client and possibly Paul Gunderson?” (A true and correct copy of the email is attached hereto

19 as Ex. “B”.)

20 5. I sent a response later that same day (at 1:15 p.m.) that states, in relevant part: “If we

21 continue the trial, Jock can be available for a deposition during the first two weeks of June.” (Id.)

22 6. A short while later (at 1:24 p.m.), Plaintiffs’ counsel responded in relevant part:

23 I have trial call in our priority matter on June 6 in Judge Sterne’s court
room. I am willing to schedule during those weeks, but may need
24 to move Jock’s deposition back as we get closer and can better
determine when that trial is going to start.
25
(Id. Emphases added.)
26

28
FILE # 21870
4
OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION REQUESTING AN ORDER
790 E. Colorado Blvd.,
Suite 600
Pasadena, CA 91101
Phone (626) 243-1100
Fax (626) 243-1111
CONTINUING THE SUMMARY JUDGMENT MOTION HEARING AND TRIAL DATE
1 7. Between March 29, 2022 and July 12, 2022, Plaintiffs did not do anything more to try
2 and secure Mr. Sewall’s deposition—even though, Defendants’ motion for summary judgment was
3
filed on June 6, 2022.
4
8. At no point in time, have the Defendants refused to produce Mr. Sewall for his
5
deposition. Therefore, Plaintiffs should not be rewarded for failing to prosecute their case
6

7 I declare under penalty of perjury under the Laws of the State of California, that the foregoing is

8 true and correct and that this Declaration was executed on the 30th day of August 2022 at San Marino,

9 California.

10 DATED: August 30, 2022 COLLINS + COLLINS LLP

12
By: ________________________________
13

28
FILE # 21870
5
OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION REQUESTING AN ORDER
790 E. Colorado Blvd.,
Suite 600
Pasadena, CA 91101
Phone (626) 243-1100
Fax (626) 243-1111
CONTINUING THE SUMMARY JUDGMENT MOTION HEARING AND TRIAL DATE
EXHIBIT A
Sara Mazzeo

From: Jordan Porter
Sent: Thursday, February 24, 2022 12:13 PM
To: Sara Mazzeo; Marisol Ramirez
Cc: Louis R. Chao; Brian Stewart; Nelly A. Verdugo
Subject: RE: C+CLLP FILE NO. 21870 / JOCK M. SEWALL AIA and J.M. SEWALL & ASSOCIATES

Louis,

I am not available the week of March 21. We will obtain dates when our clients are available for the following weeks
and circulate those shortly.

Jordan

This is a privileged and confidential attorney‐client communication. Unauthorized use of this message is prohibited. If
you have received this message in error, please reply immediately and delete this message.

From: Sara Mazzeo [mailto:smazzeo@ccmslaw.com]
Sent: Thursday, February 24, 2022 11:52 AM
To: Jordan Porter ; Marisol Ramirez
Cc: Louis R. Chao ; Brian Stewart ; Nelly A. Verdugo

Subject: C+CLLP FILE NO. 21870 / JOCK M. SEWALL AIA and J.M. SEWALL & ASSOCIATES

Good afternoon Counsel:

Attached please find:

 NOTICE OF DEPOSITION OF PLAINTIFF TERRI S. KING AND REQUEST FOR PRODUCTION OF
DOCUMENTS

 NOTICE OF DEPOSITION OF PLAINTIFF THADIAS B. KING AND REQUEST FOR PRODUCTION
OF DOCUMENTS

Thank you,

Sara Mazzeo
Legal Assistant
T: 626-243-1100
F: 626-243-1111
790 E. Colorado Boulevard, Suite 600
Pasadena, CA 91101
smazzeo@ccllp.law

1
www.ccllp.law
Pasadena 626-243-1100 - Orange 714-823-4100 - San Diego 760-274-2110
Northern California 510-844-5100 - Inland Empire 909-581-6100

PLEASE NOTE: The information contained in this e-mail transmission is intended to be sent only to the stated recipient of the
e-mail. If the reader of this message is not the intended recipient or the intended recipient's agent, you are hereby notified that
we do not intend to waive any privilege that might ordinarily attach to this communication and that any dissemination,
distribution, or copying of the information contained in this e-mail is therefore prohibited. You are further asked to notify us of
any such error in transmission as soon as possible at the telephone number shown below and to delete the e-mail.
Thank you for your cooperation.

2
EXHIBIT B
Sara Mazzeo

From: Jordan Porter
Sent: Tuesday, March 29, 2022 1:32 PM
To: Louis R. Chao; Marisol Ramirez
Cc: Brian Stewart; Sara Mazzeo; Nelly A. Verdugo
Subject: RE: King v Sewall Trial / CC file no. 21870

I will prepare a joint stipulation and proposed order and circulate that for your review.

From: Louis R. Chao [mailto:lchao@ccmslaw.com]
Sent: Tuesday, March 29, 2022 1:30 PM
To: Jordan Porter ; Marisol Ramirez
Cc: Brian Stewart ; Sara Mazzeo ; Nelly A. Verdugo

Subject: RE: King v Sewall Trial / CC file no. 21870

Jordan,

The dates you selected work:

November 7 – trial

October 7 – MSC

Thanks.

Louis R. Chao
Attorney at Law
T: 626-243-1100 | C: 310-855-4892
F: 626-243-1111
790 E. Colorado Boulevard, Suite 600
Pasadena, CA 91101
lchao@ccllp.law

www.ccllp.law
Pasadena 626-243-1100 - Orange 714-823-4100 - San Diego 760-274-2110
Northern California 510-844-5100 - Inland Empire 909-581-6100

1
PLEASE NOTE: The information contained in this e-mail transmission is intended to be sent only to the stated recipient of the
e-mail. If the reader of this message is not the intended recipient or the intended recipient's agent, you are hereby notified that
we do not intend to waive any privilege that might ordinarily attach to this communication and that any dissemination,
distribution, or copying of the information contained in this e-mail is therefore prohibited. You are further asked to notify us of
any such error in transmission as soon as possible at the telephone number shown below and to delete the e-mail.
Thank you for your cooperation.

From: Jordan Porter
Sent: Tuesday, March 29, 2022 1:24 PM
To: Louis R. Chao ; Marisol Ramirez
Cc: Brian Stewart ; Sara Mazzeo ; Nelly A. Verdugo

Subject: RE: King v Sewall Trial / CC file no. 21870

Louis,

Let’s shoot for the November 7 Trial / October 7 MSC.

I have trial call in our priority matter on June 6 in Judge Sterne’s court room. I am willing to schedule during those
weeks, but may need to move Jock’s deposition back as we get closer and can better determine when that trial is going
to start.

Please let me know if the Trial and MSC dates work.

Jordan

From: Louis R. Chao [mailto:lchao@ccmslaw.com]
Sent: Tuesday, March 29, 2022 1:15 PM
To: Jordan Porter ; Marisol Ramirez
Cc: Brian Stewart ; Sara Mazzeo ; Nelly A. Verdugo

Subject: RE: King v Sewall Trial / CC file no. 21870

Jordan,

In looking at the dates that you provided, we started running into conflicts. If you want to continue the trial, we
may need to go further out. Below are some dates that work for our side:

TRIAL MANDATORY SETTLEMENT
CONFERENCE

November 7, 2022 October 7, 2022

November 14 October 14
2
December 5 November 4

Thanksgiving holiday – 11/24/22

If we continue the trial, Jock can be available for a deposition during the first two weeks of June.

Let me know how you want to proceed.

Louis R. Chao
Attorney at Law
T: 626-243-1100 | C: 310-855-4892
F: 626-243-1111
790 E. Colorado Boulevard, Suite 600
Pasadena, CA 91101
lchao@ccllp.law

www.ccllp.law
Pasadena 626-243-1100 - Orange 714-823-4100 - San Diego 760-274-2110
Northern California 510-844-5100 - Inland Empire 909-581-6100

From: Jordan Porter
Sent: Tuesday, March 29, 2022 10:41 AM
To: Louis R. Chao
Cc: Marisol Ramirez
Subject: King v Sewall Trial

Louis –

The court’s website supposedly lists dates up to six months into the future, but in practice only shows dates through the
end of June.

Judge Sterne’s trial calls are on Mondays at 11:30am. MSCs for all civil cases are on Fridays at 8:30am, and are typically
scheduled roughly 30 days before trial.

With that in mind, I propose continuing the trial call and MSC with discovery to be continued per code to the new trial
call date. The proposed continued dates are as follows:

Trial MSC
September 26, 2022 August 26, 2022
October 3, 2022 September 9, 2022*
3
October 10, 2022 September 16, 2022
October 17, 2022 September 23, 2022

I skipped over September 2, 2022 because it is the Friday of Labor Day weekend, and assuming the MSC will be in
person, is a really bad time to be driving, unless of course you planned a weekend in SB. I will leave that up to you.

This will have us completing expert discovery in the mid to late August timeframe, or into September if we land on a
later trial date in October.

What does your calendar look like the first two weeks of May for a deposition of your client and possibly Paul
Gunderson?

I look forward to hearing from you.

Best,

Jordan Porter

4
1 PROOF OF SERVICE
(CCP §§ 1013(a) and 2015.5; FRCP 5)
2 State of California, )
) ss.
County of Los Angeles. )
3
I am employed in the County of Los Angeles.
I am over the age of 18 and not a party to the within action. My business address
4 is 790 E. Colorado Boulevard, Suite 600, Pasadena, California 91101.

5 On this date, I served the foregoing document described as OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION
REQUESTING AN ORDER CONTINUING THE SUMMARY JUDGMENT MOTION FOR HEARING AND TRIAL DATE on
the interested parties in this action by placing same in a sealed envelope, addressed as follows:
6
SEE ATTACHED SERVICE LIST
7
(BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Pasadena, California
8 to be served on the parties as indicated on the attached service list.
I am “readily familiar” with the firm’s practice of collection and
processing correspondence for mailing.
Under that practice, it would be deposited with the U.S. Postal Service on that same day with
postage thereon fully prepaid at South Pasadena, California in the ordinary course of business.
I am aware that on motion of the party
9 served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing
in affidavit.
10
(BY CERTIFIED MAIL) – I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested
11 to be placed in the United States Mail in Pasadena, California.

BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY
12
(BY ELECTRONIC FILING AND/OR SERVICE) – I served a true copy, with all exhibits, electronically on designated
13 recipients listed on the attached Service List on:
August 30, 2022

14 FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with
delivery fees provided for.
15
(BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile
number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (626) 243-1111 indicated all
16 pages were transmitted.

17 (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).

18 Executed on August 30, 2022at Pasadena, California.

19 (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

(FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
20

21
Sara Mazzeo
22 smazzeo@ccllp.law

28
FILE # 21870
6
OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION REQUESTING AN ORDER
790 E. Colorado Blvd.,
Suite 600
Pasadena, CA 91101
Phone (626) 243-1100
Fax (626) 243-1111
CONTINUING THE SUMMARY JUDGMENT MOTION HEARING AND TRIAL DATE
1 JOCK M. SEWALL AIA and J.M. SEWALL & ASSOCIATES
Case No. 21CV00598
2 21870

SERVICE LIST
3

4 Jordan T. Porter, Esq.
NYE, STIRLING, HALE & MILLER, LLP
5 33 West Mission Street, Suite 201
Santa Barbara, California 93101
(805) 963-2345 - Facsimile: (805) 284-9590
6 jordan@nshmlaw.com
marisol@nshmlaw.com
7 ATTORNEY FOR PLAINTIFFS THADIAS B. KING
AND TERRI S. KING, INDIVIDUALLY and as
8 TRUSTEES OF THE KING FAMILY TRUST

28
FILE # 21870
7
OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION REQUESTING AN ORDER
790 E. Colorado Blvd.,
Suite 600
Pasadena, CA 91101
Phone (626) 243-1100
Fax (626) 243-1111
CONTINUING THE SUMMARY JUDGMENT MOTION HEARING AND TRIAL DATE

Case Info

Judge

Sterne, Colleen K Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

August 31, 2022

Case Filing Date

February 11, 2021

County

Parties

Chao, Louis R Attorney for the Defendant
Chao, Louis R Attorney for the Defendant
JM Sewall & Associates Defendant
JM Sewall & Associates Defendant
King, Terri S Plaintiff
King, Terri S Plaintiff
King, Thadias B Plaintiff
King, Thadias B Plaintiff
Porter, Jordan T Attorney for the Plaintiff
Porter, Jordan T Attorney for the Plaintiff
Sewall, Jock M Defendant
Sewall, Jock M Defendant
David Allard Attorney
Colleen Keeley Attorney
Brian Stewart Attorneys for Defendants
Cary Petersen Attorney
Shereef Moharram Attorney

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Document for Thadias B King et al vs JM Sewall & Associates et al

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Case Info

Parties