On December 03, 2013 a Party Discovery was filed involving a dispute between Karidis-Koepke, Nancy, Koepke, Harold, and A.B.C. Mobile Systems, A.B.C. Mobile Systems, Individually And As, American Honda Motor Co. Inc., Bell Industries, Inc., Bell Industries Inc., Individually And As, Belnortel Corporation, D.B.A. A.B.C. Mobile Brake, Borgwarner Morse Tec, Inc., Borgwarner Morse Tec Inc., Individually And As, Burlingame Auto Supply, Continental Automotive Systems, Inc., Cooper Industries Llc, Cooper Industries, Llc, Individually And As, Don L. Morris, Inc., First Doe Through Four Hundredth Doe, Inclusive, Fmc Corporation-John Bean Automotive Equipment, Fmc Technologies, Inc., Individually And As, Folsom Auto Supply, Ford Motor Company, Foreland Parts, Inc.,, Genuine Parts Company, H.M. Royal, Inc., Honeywell International, Inc., Fka Allied Signal,, Kelsey-Hayes Company, Lear Siegler Diversified Holdings Corp.,, Les Vogel Chevrolet Company, Metropolitan Life Insurance Company, Morton International, Inc., A Rohm And Haas, Morton International, Llc, Formerly Known As, National Automotive Parts Association, Parker Hannifin Corporation, Parker Hannifin Corporation, Individually And As, Pneumo Abex Llc, Individually And As Successor In, Rox Automotive, Shell Oil Company, Specialty Foreign Auto Parts, Inc., Erroneously, The Budd Company, Thyssenkrupp Budd Company Sued As "The Budd, Toyota Motor Sales, U.S.A., Inc., University Distributors, Inc., Erroneously Sued, Volkswagen Group Of America, Inc., W. Berry Hurley Corporation, D.B.A. Federal Auto, Karidis-Koepke, Nancy, Koepke, Harold, The Hertz Corporation, for civil in the District Court of San Francisco County.
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Kazan, McClain, Satterley & Greenwood : A Professional Law Corporation Jack London Market + 55 Hasson Stroct, Suite 400 + Oakland, California 94607 (519) 302-1000 + Fax: (510) 835-4913 * www-kazanlaw.com Oo © WD HA BP YW De yw N YP VY YN NV i &® X’R BERBER E SF FERRE E SS SS Joseph Satterley, Esq. (C.S.B. # 286890) JSatterley@kazanlaw.com Carole M. Bosch, Esq. (C.S.B. # . 239790) ELECTRONICALLY cbosch@kazanlaw.com FILED Ryan Harris, Esq. (C.S.B. # 287105) Superior Court of California, RHarris@kazanlaw.com County of San Francisco KAZAN, McCLAIN, SATTERLEY & GREENWOOD MAY 27 2014 A Professional Law Corporation Clerk of the Court Jack London Market BY: JUDITH NUNEZ 55 Harrison Street, Suite 400 Deputy Clerk Oakland, California 94607 Telephone: (510) 302-1000 Facsimile: (510) 835-4913 Attorneys for Plaintiffs SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO HAROLD KOEPKE and NANCY KARIDIS- | Case No. CGC13276217 KOEPKE, Assigned For All Purposes To: Plaintiffs, Hon. Teri L. Jackson, Dept. 503 vs. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX FORD MOTOR COMPANY, et al., PARTE APPLICATION FOR AN ORDER SHORTENING THE TIME TO FILE AND Defendants. HEAR PLAINTIFFS’ MOTION TO COMPEL FURTHER TESTIMONY OF TOYOTA MOTOR SALES U.S.A., INC’S PERSON MOST QUALIFIED MARK WILLIAM JAKSTIS AND PRODUCTION OF DOCUMENTS . } earings °° May 27, 301g Time: llam. Action Filed: December 3, 2013 MEMORANDUM OF POINTS AND AUTHORITIES Code of Civil Procedure §1005(b) permits the Court to shorten the time required for written notice of hearing on a motion. California Rules of Court, Rule 3.1200-3.1206 and 3.1300(b) provide that, with a showing of good cause, the Court may grant an order shortening the time to file and hear a motion. 1312013.1 Good cause exists because plaintiffs have a preference trial date of June 16 and discovery MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER SHORTENING THE TIME TO FILE AND HEAR PLAINTIFFS’ MOTION TO COMPEL FURTHER TESTIMONY OF TOYOTA MOTOR SALES U.S.A., INC.'S PERSON MOST QUALIFIED MARK WILLIAM JAKSTIS AND PRODUCTION OF DOCUMENTS,Kazan, McClain, Satterley & Greenwood A Professional Law Cosporation * 55 Harrison Street, Suite 400 + Oakland, California 94607 Jack London Market + wwwekazanlew.com {510} 302-1000 + Fax: (510) 835-4913 CD 6 MD HW BW BH _ is closing May 30. On February 18, 2014, the Court granted a preferential trial date of June 16, 2014. The first day to hear the motion on regular calendar is June 18, 2014, two days after this trial is scheduled to begin, and fact discovery closes May 30, 2014. Plaintiffs therefore seek an order to shorten time to hear the motion before the close of discovery. Plaintiffs seek production of a box of brakes upon which Toyota alleges it placed a warning. Plaintiffs seek production of the actual box, and not a photograph, because 1) the one photo produced by Toyota to date is illegible, and 2) issues have arisen as to the date of the warning and production of the box may shed light on the date. Plaintiffs also seek questions about the warning and about the reasons for which Toyota concluded its brakes were safe that the witness was improperly instructed not to answer based on work product objection and cumulative questions, Plaintiffs will face irreparable harm in presenting their case against Toyota if they do not resolve the issue of the date of the warning. Plaintiffs have not delayed in bringing this motion because the deposition concluded on May 9, 2014, and the parties have been meeting and conferring regularly since then. Judicial intervention is now necessary to ensure plaintiffs receive the box, its warnings, and other of their questions. Plaintiffs respectfully submit that the factual showing made in the Declaration of Carole M. Bosche supporting this application constitutes good cause for the Court to grant the Order || Shortening Time to hear plaintifis’ motion to compel. = KAZAN, McCLAIN, SATTERLEY & GREENWOOD A Professional Law Corporation DATED: May2Z, 2014 By: Z Ry: farrig = Attorneys for Plaintiffs 1312013. 2 EX PARTE APPLICATION FOR AN ORDER SHORTENING THE TIME TO FILE AND HEAR MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL FURTHER TESTIMONY OF TOYOTA MOTOR SALES U.S.A., INC.’S PERSON MOST QUALIFIED MARK WILLIAM JAKSTIS AND PRODUCTION OF DOCUMENTS