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LAW OFFICES OF BENNY MARTIN
Benjamin Martin (SBN 257452)
647 Santa Clara Ave. ELECTRONICALLY
Venice, CA 90291
Phone: (510) 227-4406 ee ee eee
Email: knowyourightsinsf@ gmail.com County of San Francisco
Attorneys for Plaintiff Phillip Garcia 02/21/2017
Clerk of the Court
BY:VANESSA WU
SUPERIOR COURT OF THE STATE OF CALIFORNIA Deputy Clerk
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PHILLIP GARCIA, an individual, } Case No. CGC-14-538560
Plaintiff, ; DECLARATION OF PLAINTIFF’S
) COUNSEL BENNY MARTIN IN
vs ) SUPPORT OF PLAINTIFF PHILLIP
. ) GARCIA’S EX PARTE APPLICATION
. : ) TO CONTINUE DEFENDANTS’ MOTION
CARRIE WILSON, in her capacity as trustee of ) FOR A TRIAL CONTINUANCE
THE WILSON FAMILY TRUST, SHAUN
MARKHAM. an individual, ERIKA ) Date: February 22, 2017
MARKHAM , an individual, and ANGELO ) Time: 11:00 a.m.
WILSON, an individual, and DOES 1-20. } Dept: 206
)
) Trial Date: March 27, 2017
Defendants. } Date Original Complaint Filed: June 9, 2014|
)
)
I, Benny Martin, declare:
1. Tam an attorney admitted to practice law in California, a member of the State Bar of California,
and retained counsel for Plaintiffs in this case. I have personal knowledge of the matters set forth
herein, and if called as a witness, I could competently so testify.
2. On February 15,2017, Defendant’s counsel served upon Plaintiff’s counsel a motion for a trial
continuance. The hearing date was set for March 14, 2017.
“DECLARATION OF PLAINTIFF’S COUNSEL BENNY MARTIN IN SUPPORT OF PLAINTIFF PHILLIP
GARCIA’S EX PARTE APPLICATION TO CONTINUE DEFENDANTS? MOTION FOR A TRIAL
CONTINUANCE
-1-nD
19
20
21
3. On February 16, 2017, I e-mailed Defendant’s counsel and requested that the motion be set for
March 21, 2017, in light of the fact that Plaintiff’s counsel would be out of state from March 14,
2017, through March 19, 2017, and department 206 does not permit telephonic appearances.
Attached hereto as Exhibit A is a true and correct copy of my February 17, 2017, e-mail.
4. Defense counsel refused. Attached hereto as Exhibit B is a true and correct copy of Defense
counsel’s February 17, 2017, refusal e-mail.
5. I provided Defendant’s counsel notice of this ex parte application on February 17, 2017. Attached
hereto as Exhibit C is a true and correct copy of my February 17, 2017. notice of ex parte
application e-mail.
I declare under the penalty of perjury that the foregoing is true and correct under the laws of the State
of California. Executed in Poprad, Slovakia on February 20, 2017
LAW OFFICES OF BENNY MARTIN
By:
Benny Martin
Attorney for Plaintiff Garcia
“DECLARATION OF PLAINTIFF’S COUNSEL BENNY MARTIN IN SUPPORT OF PLAINTIFF PHILLIP
GARCIA’S EX PARTE APPLICATION TO CONTINUE DEFENDANTS? MOTION FOR A TRIAL
CONTINUANCE
-2-EXHIBIT AGmail - 36052 Garcia - Motion for Trial Continuance 2/20/17, 10:25 PM
M1 Gmail
36052 Garcia - Motion for Trial Continuance
Benny Martin Thu, Feb 16, 2017 at 9:41 AM
To: "Katelyn M. Knight"
Hi Katelyn:
Thank you for the courtesy copies.
see that you set the hearing date for March 14. However, | am unavailable from March 14-17. Would you please re-
set the hearing date on your motion to continue trial to March 20 or March 217
Thank you.
Benny Martin
Benny Martin
knowyourrightsinsf@gmail.com
Confidentiality Notice:
This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this
message. This transmission, and any attachments, may contain confidential attorney-client privileged information and
attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the
information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact me immediately
by return e-mail and destroy the original transmission and its attachments without reading or saving in any manner.
[Quoted text hidden]
https://mail.google.com/mail/uj2/?ui=2&ik=ea02e2c4 288view=pt&q=..qs=true&isearch=query&msg=15a46153c6e787b7&siml=15a46153c6e787b7 Page 1 of 1EXHIBIT BGmail - Courtesy copies; Garcia v. Wilson 2/20/17, 10:26 PM
M1 Gmail
Courtesy copies; Garcia v. Wilson
Katelyn M. Knight Fri, Feb 17, 2017 at 2:08 AM
To: Benny Martin
Cc: "Dana L. Tom"
Hi Benny,
We really aren't comfortable moving the motion for trial continuance to the week before irial, would you be
willing to have the hearing date for both motions moved a couple of court days earlier? Motions for trial
continuance are only heard in Dept. 206 on Tuesdays and Thursdays, so both motions could be heard on March
Oth. If you are willing to stipulate to moving the trial continuance motion up from March 14th to March 9th and
hearing it on shortened time, we would be willing to stipulate to having the motion to compel moved up from
March 13th to March 9th and heard on shortened time as well.
Katelyn M. Knight BE
MURCHISON ==:
kknight@murchisonlaw.com
415.813.0477 Phone
ANGELE 418,201.2068 Fax
275 Battery Street Suite 860
San Francisco
CAg4tt
CONFIDENTIALITY NOTE: This communication contains information belonging to Murchison & Cumming LLP which is confidential and/or legally
privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of said information is strictly prohibited. If you have
received this communication by error, please delete it from your computer and notify us immediately.
From: Benny Martin [mailto:knowyourrightsinsf@gmail.com]
Sent: Thursday, February 16, 2017 12:24 PM
To: Katelyn M. Knight; Dana L. Tom
Subject: Courtesy copies; Garcia v. Wilson
[Quoted text hidden]
https://mail.google.com/mail/u/2/?ui=2&ik=ea02e2c4 288view=pt&q=...qs=true&search=query&msg=15a499d57c041d6a&siml=15a499d57c041déa Page 1 of 1EXHIBIT CGmail - Courtesy copies; Garcia v. Wilson 2/20/17, 10:09 PM
M1 Gmail
Courtesy copies; Garcia v. Wilson
Benny Martin Fri, Feb 17, 2017 at 10:34 AM
To: "Katelyn M. Knight"
Cc: "Dana L. Tom"
Katelyn:
Thank you for your e-mail.
As you know, Department 206 does not permit telephonic appearances.
So moving your motion to continue trial to March 9 is not going to work. | arrive in San Francisco mid-day March 19,
so your motion to continue will have to be March 21 or 23.
I'm not sure the source of your discomfort in moving a hearing date a week so that | can actually be present. You set
the date without consulting me. | do not see any prejudice to you. The papers are already filed.
You'll recall | moved Ms. Wilson's deposition from February 14 to February 13 to accommodate Dana's schedule.
In the event you will not reconsider, this is your notice that Mr. Garcia will hire counsel to make an ex parte
appearance on his behalf continuing the hearing date on your motion to continue trial from March 14 to March 21
2017, which will occur on Wednesday February 22, 2017, at 11:00 a.m. in Department 206.
Thank you.
Benny Martin
knowyourrightsinsf@gmail.com
Confidentiality Notice:
This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this
message. This transmission, and any attachments, may contain confidential attorney-client privileged information and
attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the
information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact me immediately
by return e-mail and destroy the original transmission and its attachments without reading or saving in any manner.
[Quoted text hidden]
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LAW OFFICES OF BENNY MARTIN Benjamin Martin (SBN 257452) 647 Santa Clara Ave. ELECTRONICALLY Venice, CA 90291 Phone: (510) 227-4406 ee ee eee Email: knowyourightsinsf@ gmail.com County of San Francisco Attorneys for Plaintiff Phillip Garcia 02/21/2017 Clerk of the Court BY:VANESSA WU SUPERIOR COURT OF THE STATE OF CALIFORNIA Deputy Clerk COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PHILLIP GARCIA, an individual, } Case No. CGC-14-538560 Plaintiff, ; DECLARATION OF PLAINTIFF’S ) COUNSEL BENNY MARTIN IN vs ) SUPPORT OF PLAINTIFF PHILLIP . ) GARCIA’S EX PARTE APPLICATION . : ) TO CONTINUE DEFENDANTS’ MOTION CARRIE WILSON, in her capacity as trustee of ) FOR A TRIAL CONTINUANCE THE WILSON FAMILY TRUST, SHAUN MARKHAM. an individual, ERIKA ) Date: February 22, 2017 MARKHAM , an individual, and ANGELO ) Time: 11:00 a.m. WILSON, an individual, and DOES 1-20. } Dept: 206 ) ) Trial Date: March 27, 2017 Defendants. } Date Original Complaint Filed: June 9, 2014| ) ) I, Benny Martin, declare: 1. Tam an attorney admitted to practice law in California, a member of the State Bar of California, and retained counsel for Plaintiffs in this case. I have personal knowledge of the matters set forth herein, and if called as a witness, I could competently so testify. 2. On February 15,2017, Defendant’s counsel served upon Plaintiff’s counsel a motion for a trial continuance. The hearing date was set for March 14, 2017. “DECLARATION OF PLAINTIFF’S COUNSEL BENNY MARTIN IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S EX PARTE APPLICATION TO CONTINUE DEFENDANTS? MOTION FOR A TRIAL CONTINUANCE -1-nD 19 20 21 3. On February 16, 2017, I e-mailed Defendant’s counsel and requested that the motion be set for March 21, 2017, in light of the fact that Plaintiff’s counsel would be out of state from March 14, 2017, through March 19, 2017, and department 206 does not permit telephonic appearances. Attached hereto as Exhibit A is a true and correct copy of my February 17, 2017, e-mail. 4. Defense counsel refused. Attached hereto as Exhibit B is a true and correct copy of Defense counsel’s February 17, 2017, refusal e-mail. 5. I provided Defendant’s counsel notice of this ex parte application on February 17, 2017. Attached hereto as Exhibit C is a true and correct copy of my February 17, 2017. notice of ex parte application e-mail. I declare under the penalty of perjury that the foregoing is true and correct under the laws of the State of California. Executed in Poprad, Slovakia on February 20, 2017 LAW OFFICES OF BENNY MARTIN By: Benny Martin Attorney for Plaintiff Garcia “DECLARATION OF PLAINTIFF’S COUNSEL BENNY MARTIN IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S EX PARTE APPLICATION TO CONTINUE DEFENDANTS? MOTION FOR A TRIAL CONTINUANCE -2-EXHIBIT AGmail - 36052 Garcia - Motion for Trial Continuance 2/20/17, 10:25 PM M1 Gmail 36052 Garcia - Motion for Trial Continuance Benny Martin Thu, Feb 16, 2017 at 9:41 AM To: "Katelyn M. Knight" Hi Katelyn: Thank you for the courtesy copies. see that you set the hearing date for March 14. However, | am unavailable from March 14-17. Would you please re- set the hearing date on your motion to continue trial to March 20 or March 217 Thank you. Benny Martin Benny Martin knowyourrightsinsf@gmail.com Confidentiality Notice: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact me immediately by return e-mail and destroy the original transmission and its attachments without reading or saving in any manner. [Quoted text hidden] https://mail.google.com/mail/uj2/?ui=2&ik=ea02e2c4 288view=pt&q=..qs=true&isearch=query&msg=15a46153c6e787b7&siml=15a46153c6e787b7 Page 1 of 1EXHIBIT BGmail - Courtesy copies; Garcia v. Wilson 2/20/17, 10:26 PM M1 Gmail Courtesy copies; Garcia v. Wilson Katelyn M. Knight Fri, Feb 17, 2017 at 2:08 AM To: Benny Martin Cc: "Dana L. Tom" Hi Benny, We really aren't comfortable moving the motion for trial continuance to the week before irial, would you be willing to have the hearing date for both motions moved a couple of court days earlier? Motions for trial continuance are only heard in Dept. 206 on Tuesdays and Thursdays, so both motions could be heard on March Oth. If you are willing to stipulate to moving the trial continuance motion up from March 14th to March 9th and hearing it on shortened time, we would be willing to stipulate to having the motion to compel moved up from March 13th to March 9th and heard on shortened time as well. Katelyn M. Knight BE MURCHISON ==: kknight@murchisonlaw.com 415.813.0477 Phone ANGELE 418,201.2068 Fax 275 Battery Street Suite 860 San Francisco CAg4tt CONFIDENTIALITY NOTE: This communication contains information belonging to Murchison & Cumming LLP which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of said information is strictly prohibited. If you have received this communication by error, please delete it from your computer and notify us immediately. From: Benny Martin [mailto:knowyourrightsinsf@gmail.com] Sent: Thursday, February 16, 2017 12:24 PM To: Katelyn M. Knight; Dana L. Tom Subject: Courtesy copies; Garcia v. Wilson [Quoted text hidden] https://mail.google.com/mail/u/2/?ui=2&ik=ea02e2c4 288view=pt&q=...qs=true&search=query&msg=15a499d57c041d6a&siml=15a499d57c041déa Page 1 of 1EXHIBIT CGmail - Courtesy copies; Garcia v. Wilson 2/20/17, 10:09 PM M1 Gmail Courtesy copies; Garcia v. Wilson Benny Martin Fri, Feb 17, 2017 at 10:34 AM To: "Katelyn M. Knight" Cc: "Dana L. Tom" Katelyn: Thank you for your e-mail. As you know, Department 206 does not permit telephonic appearances. So moving your motion to continue trial to March 9 is not going to work. | arrive in San Francisco mid-day March 19, so your motion to continue will have to be March 21 or 23. I'm not sure the source of your discomfort in moving a hearing date a week so that | can actually be present. You set the date without consulting me. | do not see any prejudice to you. The papers are already filed. You'll recall | moved Ms. Wilson's deposition from February 14 to February 13 to accommodate Dana's schedule. In the event you will not reconsider, this is your notice that Mr. Garcia will hire counsel to make an ex parte appearance on his behalf continuing the hearing date on your motion to continue trial from March 14 to March 21 2017, which will occur on Wednesday February 22, 2017, at 11:00 a.m. in Department 206. Thank you. Benny Martin knowyourrightsinsf@gmail.com Confidentiality Notice: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact me immediately by return e-mail and destroy the original transmission and its attachments without reading or saving in any manner. [Quoted text hidden] https://mail.google.com/mail/uj2/2ui=2&ik=ea02e2c4288view=pt&q=...qs=true&search=query&msg=15a4b6c3acd1d80&simi=15a4b6c3acdt1d80 Page 1 of 1