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Matthew K. Wisinski (SBN 195535)
Katelyn M. Knight (SBN 264573)
MURCHISON & CUMMING, LLP
275 Battery Street, Suite 850
San Francisco, California 941114
Telephone: (415) 524-4300
Facsimile: (415) 391-2058
E-Mail: — mwisinski@murchisonlaw.com
kknight@murchisonlaw.com
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
06/21/2017
Clerk of the Court
BY:BOWMAN LIU
Deputy Clerk
Attorneys for Defendants
ANGELO WILSON, CARRIE WILSON individually and in her
capacity as Trustee of the WILSON FAMILY
TRUST
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PHILLIP GARCIA,
Plaintiff,
Vs.
CARRIE WILSON, in her capacity as
CASE NO. CGC-14-538560
DECLARATION OF MATTHEW K.
WISINSKI IN SUPPORT OF MOTION
FOR TRIAL CONTINUANCE
Date: June 26, 2017
trustee of THE WILSON FAMILY TRUST, Time: 9:30 a.m.
SHAUN MARKHAM, ERIKA MARKHAM, Dept.: 206
and ANGELO WILSON, and DOES 1-20,
Action Filed: April 10, 2014
Defendants. Trial Date: June 26, 2017
|, Matthew K. Wisinski, declare and state:
| am an attorney-at-law licensed to practice in the State of California and 1 am an
attorney with Murchison & Cumming LLP, counsel of record herein for Carrie Wilson in her
personal capacity and as Trustee of the Wilson Family Trust, and Angelo Wilson. | am one
of the attorneys at our firm responsible for handling the defense of this matter on behalf of
Carrie Wilson in her personal capacity and as Trustee of the Wilson Family Trust, and
Angelo Wilson, and, on this basis, and upon such other bases set forth below, | have
personal knowledge of the matters set forth in this Declaration, except where stated on
DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF MOTION FOR TRIAL CONTINUANCEoom N Oo oH FF Ww NY
YM NH NY DY KH HPN PD | @ @ 2 Bo 8B 2B a ew a
on OPO A FB WOH SBF SF GD ODN DW HT F WOH | ODO
information and belief, and could and would competently testify to them under oath if called
as a witness.
4. On March 17, 2017, the Court issued an order imposing issue sanctions
against the Wilson Family Trust. A petition for writ of mandate was filed and trial was reset
to April 10, 2017 as a consequence of the writ. | and my colleagues began evaluating the
impact of the order on the case and its ongoing representation of multiple defendants
concurrently with preparation of the writ. After further evaluation, we determined that the
sanctions order created an actual conflict of interest between the defendants, all of which
had been represented by Murchison & Cumming, LLP. In light of the conflict, new counsel
was substituted for defendant Shawn Markham and the actual conflict was brought to the
attention of Presiding Judge Jackson on April 10, 2017. On April 12, 2017, Judge Jackson
agreed that an actual conflict existed and we could not represent any of the defendants
because of our prior representation of all of the defendants. A trial continuance was
granted to June 26, 2017.
2. Carrie Wilson resides in Georgia, is approximately 87 years old and suffers
from dementia, as demonstrated by the attached Declaration of Elizabeth M. Soety, Ph.D.
Dr. Soety is a clinical psychologist who conducted neurological testing of Ms. Wilson and
determined that she is not competent to participate in legal proceedings.
3. | reached out to Ms. Wilson's caretaking relatives regarding any plans for a
conservatorship, and they indicated that they were not seeking appointment of a
conservator. | also inquired whether any of the family members would serve as a guardian
ad litem and was informed that no members of the family could or would serve as a
guardian ad litem for Ms. Wilson.
4. Because a guardian ad litem for Ms. Wilson was required for us to substitute
out as counsel for Ms. Wilson, | and other attorneys in our firm have been attempting to
locate an independent individual who would agree to act as Ms. Wilson's guardian ad litem.
| and others contacted numerous attorneys and independent fiduciaries, but all declined an
appointment as Ms. Wilson’s guardian. | then contacted the Alzheimer’s Association to
2
DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF MOTION FOR TRIAL CONTINUANCEon Oo mH F&F Ww DY |
inquire whether it could provide the names of any individuals who could act as guardian ad
litem for Ms. Wilson, but the Alzheimer's Association was not aware of any potential
guardians ad litem. Our firm also contacted the State Bar of California seeking assistance
in locating a guardian for Ms. Wilson, but the State Bar was unable to provide any
assistance,
5. Because we were unable to locate a guardian ad litem for Ms. Wilson, we
filed an application in requesting that the Court appoint a guardian ad litem for Ms. Wilson
or, in the alternative, for leave to withdraw. The application was heard in Department 501
on June 1, 2017, and was denied because the Court was also unaware of any individuals
who might act as a guardian ad litem. The application was brought in Department 501
because we had no one willing to act as guardian ad litem that we could list on the
standard guardian ad litem form that would typically be dropped of in Department 206.
6. New counsel, Matthew Mejia, has been located for defendant Angelo Wilson,
and he will substitute in shortly. | have already executed the substation of attorney form
7. Following the denial of our application for court-appointment of a guardian ad
litem or withdrawal of counsel, we continued our search for a guardian ad litem. Attorney
Joshua S. Goodman has agreed to undertake the representation of Carrie Wilson
contingent upon a guardian ad litem being appointed for Ms. Wilson and contingent on the
trial be continued from June 26,2017 (see Declaration of Joshua S. Goodman, filed
herewith). Mr. Goodman has also identified an attorney in Atlanta, Georgia, Michael J.
Goldman, who is willing to act as Ms. Wilson's guardian ad litem, contingent upon being
appointed as such by the court and contingent upon the trial being continued from June 26,
2017 (see Declaration of Michael J. Goldman, filed herewith). As set forth in the
Declaration of Mr. Goldman, to act as guardian and to enable him to substitute his
judgment for that of Ms. Wilson, he will be required to travel to Ms. Wilson in Roberta,
Georgia, and meet with her to ascertain her level of impairment, review the medical reports
that pertain to her mental capacity and familiarize himself with the records and files of this
lawsuit so that he can exercise his judgement on Ms. Wilson’s behalf.
3 Pee ee
DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF MOTION FOR TRIAL CONTINUANCEoa N OW oO FR WY NH =
Ny NM NH NB NB KB YB KH NY | BS B&B BB B@ Bm Bm Be Ba wr
on OP aA FB WH SB OG ODN DW HT F&F WOW NY @ OO
8. To accomplish the foregoing, we respectfully request a continuance to August
7, 2017, to allow for the appointment of Michael J. Goldman as guardian ad litem and the
substitution of counsel.
9. Ms. Wilson’s insurance carrier has agreed to reimburse Plaintiff's counsel for
reasonable travel expenses actually incurred and which will be lost due to a trial
continuance.
10. On June 21, 2017, Defendant presented an ex parte application for trial
continuance, or in the alternative for order shortening time. The Court set the matter for
hearing on June 26, 2017 and directed that Defendant refile the request as a motion. Both
Joshua Goodman and Michael Goldman executed declarations pertaining to this matter to
support the application for trial continuance. A true and correct copy of the declaration of
Joshua Goodman is attached hereto as exhibit A. A true and correct copy of the
declaration of Michael Goldman is attached hereto as exhibit B.
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 21st day of June, 2017, at San Francisco, California.
Matthew K. Wisinski
4
DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF MOTION FOR TRIAL CONTINUANCEEXHIBIT Aeo ON OD A kB wR
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Matthew K. Wisinski (SBN 195535)
Katelyn M. Knight (SBN 264573)
MURCHISON & CUMMING, LLP
275 Battery Street, Suite 850
San Francisco, California 94141
Telephone: (415) 524-4300
Facsimile: (415) 391-2058
E-Mail: — mwisinski@murchisonlaw.com
kknight@murchisonlaw.com
Attorneys for Defendants
ANGELO WILSON, CARRIE WILSON individually and in her
capaci as Trustee of the WILSON FAMILY
TR
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO.
PHILLIP GARCIA, CASE NO. CGC-14-538560
Plaintiff, DECLARATION OF JOSHUA S.
GOODMAN IN SUPPORT OF EX PARTE
vs. | APPLICATION
CARRIE WILSON, in her capacity as | Date: June 21, 2017
trustee of THE WILSON FAMILY TRUST, > Time: 11:00 a.m.
SHAUN MARKHAM, ERIKA MARKHAM, Dept. 206
and ANGELO WILSON, and DOES 1-20,
Action Filed: April 10, 2014
Defendants. Trial Date: June 26, 2017
|, Joshua S. Goodman, declare and state:
| am an attorney-at-law licensed to practice in all the courts in the State of California
and | am a Partner in the firm of Goodman Neuman Hamilton LLP. | have personal
knowledge of the matters set forth in this Declaration, except where stated on information
and belief, and could and would competently testify to them under oath if called as a
witness.
4. | was first contacted concerning this case on June 15, 2017 and asked to
represent CARRIE WILSON, individually and in her capacity as trustee of THE WILSON
a 41
DECLARATION OF JOSHUA S. GOODMAN IN SUPPORT OF EX PARTE APPLICATIONFAMILY TRUST. | immediately contacted current defense counsel to discuss the case with
them and to obtain and review case documents. | spent the remainder of June 15" and
most of June 16" reviewing the procedural posture of the case and trying to understand the
scope of the claims, the discovery that has been undertaken and the issues that will be
presented at trial. | also attempted to locate someone to act as the guardian ad litem for
CARRIE WILSON based on medical reports and documents | was provided that reflected
that she lacked the mental capacity to represent herself.
2. On June 16" | contacted Michael J. Goldman, a Partner in the firm of Hawkins
Parnell Thackson & Young LLP to see if he would agree to act as the guardian ad litem for
CARRIE WILSON, | sent Mr. Goldman various documents, pleadings and medical reports
on June 16" and on June 19" confirmed that he would agree to act as the guardian ad litem
for MS. WILSON if the court appointed him as such and if the trial was continued from its
current date of June 26" so that he had time to meet with MS. WILSON, to review the
medical reports and other documentation bearing on her mental capacity and so that he had
time to review the case file so that he could exercise his judgment on her behalf in making
decisions such as whether to sign a substitution of counsel, whether to waive conflicts,
issues related to settlement and any other decisions he might be called upon to make. He
has indicated he would need a continuance of at least 30 days.
3. Similarly, | am prepared to undertake the representation of CARRIE WILSON,
individually and in her capacity as trustee of THE WILSON FAMILY TRUST but only if a
guardian ad litem is appointed for her and only if the trial is continued to at least August 7,
2017 to give me time to review the file sufficiently to represent CARRIE WILSON,
individually and in her capacity as trustee of THE WILSON FAMILY TRUST in this action. |
have a previously scheduled grief conference that | will be attending with my family from
July 27, 2017 to July 30, 2017 that cannot be changed and for which nonrefundable plane
tickets have been purchased. It would be a personal hardship if | could not attend this
conference with my family.
= 2 oleae a
DECLARATION OF JOSHUA S. GOODMAN IN SUPPORT OF EX PARTE APPLICATIONoO N OH BF wHW HN &
NN NY RY NN NHN KH & &B 2B Ba Be we ea ew aw
ov OO GO fF ON & SO AAA aR GDH AS
4 One of the issues that is significant to me in determining that a trial
continuance is required if | am to be defense counsel in this case is the punitive damages
claim against the party | am being asked to represent. That claim makes it even more
crucial that | have sufficient time to prepare for trial before assuming the defense.
| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 20th day of June, 2017, at San Francisco, California.
Joshua 8. Goodman
3.
DECLARATION OF JOSHUA S. GOODMAN IN SUPPORT OF EX PARTE APPLICATIONEXHIBIT B1|| Matthew K. Wisinski (SBN 195535)
Katelyn M. Knight (SBN 264573)
2)| MURCHISON & CUMMING, LLP
275 Battery Street, Suite 850
3 || San Francisco, California 94111
Telephone: (415) 524-4300
4|| Facsimile: (415) 391-2058
E-Mail: — mwisinski@murchisonlaw.com
5 kknight@murchisoniaw.com
6 || Attorneys for Defendants
ANGELO WILSON, CARRIE WILSON individually and in her
7 || capacity as Trustee of the WILSON FAMILY
TRUST
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN FRANCISCO
41
42|| PHILLIP GARCIA, CASE NO. CGC-14-538560
A3 Plaintiff, DECLARATION OF MICHAEL J.
GOLDMAN IN SUPPORT OF EX PARTE
44 VS. APPLICATION
45 || CARRIE WILSON, in her capacity as | Date: June 21,2017
trustee of THE WILSON FAMILY TRUST, | Time: 17:00 a.m
46. SHAUN MARKHAM, ERIKA MARKHAM, Dept.: 206
and ANGELO WILSON, and DOES 1-20,
17 Action Filed: April 10, 2014
Defendants. Trial Date: June 26, 2017
18
vi ot +H
20
21 |, Michael J. Goldman, declare and state:
22 | am an attorney-at-law licensed to practice in all the courts in the State of Georgia
23 || and | ama Pastner in the firm of Hawkins Parnell Thackson & Young LLP. | have personal
24.| knowledge of the matters set forth in this Declaration, except where stated on information
25 || and belief, and could and would competently testify to them under oath if called as a
26 || witness.
27 1, | was first contacted conceming this case on June 16, 2017 by Joshua S.
28 || Goodman. Mr. Goodman explained that one of the defendants in this case, CARRIE
a letter fel = so cele
“DECLARATION OF MIGHAEL J. GOLDMAN IN SUPPORT OF EX PARTE APPLICATIONoOo N 8 oF PF ON =m
RN KR NNN NON KR BB Fe Be 8 Bw ew ew ee
oN © G & © N 32 Oo O60 Ost OP GH PF YW NY =A SD
WILSON, was an 87 year old woman with dementia who needed a guardian ad litem
appointed to act in her interests in this case. He emailed me various pleadings, such as the
Second Amended Complaint, as well as an ex parte application for appointment of a
guardian ad litem, including medical reports and other exhibits bearing on MS. WILSON's
mental capacity, On June 19"" | advised Mr. Goodman that | would agree to act as Ms.
WILSON's guardian ad litem but only if the court appointed me as her guardian and only if
the trial was continued from its current date of June 26” by at least 30 days so that | have
an opportunity to meet with MS. WILSON, to review the medical reports and other
documentation bearing on her mental capacity and to review the case file so that | can
exercise my judgment on her behalf in making decisions such as whether to sign a
substitution of counsel, whether to waive conflicts, issues related to settlement and any
other decisions | might be called upon to make concerning this case.
2. One of the issues in this case that cause me to conclude that a trial
continuance is required if | am to be guardian ad litem for MS. WILSON is the punitive
damages claim against her. This is a case in which MS. WILSON’s personal assets are
potentially at risk and | believe that requires me to make sure | fully understand this case
and all its ramifications before becoming MS. WILSON's guardian ad litem with the
obligation to exercise my judgment in place of hers.
{ declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 21st day of June, 2017, at Atlanta, Georgia.
gent 4.
Michael J, Goldina
oe. ieee et es eee
DECLARATION OF MICHAEL J. GOLDMAN IN SUPPORT OF EX PARTE APPLICATION
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oo NO oO F&F WO DH = 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Matthew K. Wisinski (SBN 195535) Katelyn M. Knight (SBN 264573) MURCHISON & CUMMING, LLP 275 Battery Street, Suite 850 San Francisco, California 941114 Telephone: (415) 524-4300 Facsimile: (415) 391-2058 E-Mail: — mwisinski@murchisonlaw.com kknight@murchisonlaw.com ELECTRONICALLY FILED Superior Court of California, County of San Francisco 06/21/2017 Clerk of the Court BY:BOWMAN LIU Deputy Clerk Attorneys for Defendants ANGELO WILSON, CARRIE WILSON individually and in her capacity as Trustee of the WILSON FAMILY TRUST SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PHILLIP GARCIA, Plaintiff, Vs. CARRIE WILSON, in her capacity as CASE NO. CGC-14-538560 DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF MOTION FOR TRIAL CONTINUANCE Date: June 26, 2017 trustee of THE WILSON FAMILY TRUST, Time: 9:30 a.m. SHAUN MARKHAM, ERIKA MARKHAM, Dept.: 206 and ANGELO WILSON, and DOES 1-20, Action Filed: April 10, 2014 Defendants. Trial Date: June 26, 2017 |, Matthew K. Wisinski, declare and state: | am an attorney-at-law licensed to practice in the State of California and 1 am an attorney with Murchison & Cumming LLP, counsel of record herein for Carrie Wilson in her personal capacity and as Trustee of the Wilson Family Trust, and Angelo Wilson. | am one of the attorneys at our firm responsible for handling the defense of this matter on behalf of Carrie Wilson in her personal capacity and as Trustee of the Wilson Family Trust, and Angelo Wilson, and, on this basis, and upon such other bases set forth below, | have personal knowledge of the matters set forth in this Declaration, except where stated on DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF MOTION FOR TRIAL CONTINUANCEoom N Oo oH FF Ww NY YM NH NY DY KH HPN PD | @ @ 2 Bo 8B 2B a ew a on OPO A FB WOH SBF SF GD ODN DW HT F WOH | ODO information and belief, and could and would competently testify to them under oath if called as a witness. 4. On March 17, 2017, the Court issued an order imposing issue sanctions against the Wilson Family Trust. A petition for writ of mandate was filed and trial was reset to April 10, 2017 as a consequence of the writ. | and my colleagues began evaluating the impact of the order on the case and its ongoing representation of multiple defendants concurrently with preparation of the writ. After further evaluation, we determined that the sanctions order created an actual conflict of interest between the defendants, all of which had been represented by Murchison & Cumming, LLP. In light of the conflict, new counsel was substituted for defendant Shawn Markham and the actual conflict was brought to the attention of Presiding Judge Jackson on April 10, 2017. On April 12, 2017, Judge Jackson agreed that an actual conflict existed and we could not represent any of the defendants because of our prior representation of all of the defendants. A trial continuance was granted to June 26, 2017. 2. Carrie Wilson resides in Georgia, is approximately 87 years old and suffers from dementia, as demonstrated by the attached Declaration of Elizabeth M. Soety, Ph.D. Dr. Soety is a clinical psychologist who conducted neurological testing of Ms. Wilson and determined that she is not competent to participate in legal proceedings. 3. | reached out to Ms. Wilson's caretaking relatives regarding any plans for a conservatorship, and they indicated that they were not seeking appointment of a conservator. | also inquired whether any of the family members would serve as a guardian ad litem and was informed that no members of the family could or would serve as a guardian ad litem for Ms. Wilson. 4. Because a guardian ad litem for Ms. Wilson was required for us to substitute out as counsel for Ms. Wilson, | and other attorneys in our firm have been attempting to locate an independent individual who would agree to act as Ms. Wilson's guardian ad litem. | and others contacted numerous attorneys and independent fiduciaries, but all declined an appointment as Ms. Wilson’s guardian. | then contacted the Alzheimer’s Association to 2 DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF MOTION FOR TRIAL CONTINUANCEon Oo mH F&F Ww DY | inquire whether it could provide the names of any individuals who could act as guardian ad litem for Ms. Wilson, but the Alzheimer's Association was not aware of any potential guardians ad litem. Our firm also contacted the State Bar of California seeking assistance in locating a guardian for Ms. Wilson, but the State Bar was unable to provide any assistance, 5. Because we were unable to locate a guardian ad litem for Ms. Wilson, we filed an application in requesting that the Court appoint a guardian ad litem for Ms. Wilson or, in the alternative, for leave to withdraw. The application was heard in Department 501 on June 1, 2017, and was denied because the Court was also unaware of any individuals who might act as a guardian ad litem. The application was brought in Department 501 because we had no one willing to act as guardian ad litem that we could list on the standard guardian ad litem form that would typically be dropped of in Department 206. 6. New counsel, Matthew Mejia, has been located for defendant Angelo Wilson, and he will substitute in shortly. | have already executed the substation of attorney form 7. Following the denial of our application for court-appointment of a guardian ad litem or withdrawal of counsel, we continued our search for a guardian ad litem. Attorney Joshua S. Goodman has agreed to undertake the representation of Carrie Wilson contingent upon a guardian ad litem being appointed for Ms. Wilson and contingent on the trial be continued from June 26,2017 (see Declaration of Joshua S. Goodman, filed herewith). Mr. Goodman has also identified an attorney in Atlanta, Georgia, Michael J. Goldman, who is willing to act as Ms. Wilson's guardian ad litem, contingent upon being appointed as such by the court and contingent upon the trial being continued from June 26, 2017 (see Declaration of Michael J. Goldman, filed herewith). As set forth in the Declaration of Mr. Goldman, to act as guardian and to enable him to substitute his judgment for that of Ms. Wilson, he will be required to travel to Ms. Wilson in Roberta, Georgia, and meet with her to ascertain her level of impairment, review the medical reports that pertain to her mental capacity and familiarize himself with the records and files of this lawsuit so that he can exercise his judgement on Ms. Wilson’s behalf. 3 Pee ee DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF MOTION FOR TRIAL CONTINUANCEoa N OW oO FR WY NH = Ny NM NH NB NB KB YB KH NY | BS B&B BB B@ Bm Bm Be Ba wr on OP aA FB WH SB OG ODN DW HT F&F WOW NY @ OO 8. To accomplish the foregoing, we respectfully request a continuance to August 7, 2017, to allow for the appointment of Michael J. Goldman as guardian ad litem and the substitution of counsel. 9. Ms. Wilson’s insurance carrier has agreed to reimburse Plaintiff's counsel for reasonable travel expenses actually incurred and which will be lost due to a trial continuance. 10. On June 21, 2017, Defendant presented an ex parte application for trial continuance, or in the alternative for order shortening time. The Court set the matter for hearing on June 26, 2017 and directed that Defendant refile the request as a motion. Both Joshua Goodman and Michael Goldman executed declarations pertaining to this matter to support the application for trial continuance. A true and correct copy of the declaration of Joshua Goodman is attached hereto as exhibit A. A true and correct copy of the declaration of Michael Goldman is attached hereto as exhibit B. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 21st day of June, 2017, at San Francisco, California. Matthew K. Wisinski 4 DECLARATION OF MATTHEW K. WISINSKI IN SUPPORT OF MOTION FOR TRIAL CONTINUANCEEXHIBIT Aeo ON OD A kB wR 10 "1 12 13 414 15 16 17 18 19 20 24 22 23 24 25 26 27 28 Matthew K. Wisinski (SBN 195535) Katelyn M. Knight (SBN 264573) MURCHISON & CUMMING, LLP 275 Battery Street, Suite 850 San Francisco, California 94141 Telephone: (415) 524-4300 Facsimile: (415) 391-2058 E-Mail: — mwisinski@murchisonlaw.com kknight@murchisonlaw.com Attorneys for Defendants ANGELO WILSON, CARRIE WILSON individually and in her capaci as Trustee of the WILSON FAMILY TR SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO. PHILLIP GARCIA, CASE NO. CGC-14-538560 Plaintiff, DECLARATION OF JOSHUA S. GOODMAN IN SUPPORT OF EX PARTE vs. | APPLICATION CARRIE WILSON, in her capacity as | Date: June 21, 2017 trustee of THE WILSON FAMILY TRUST, > Time: 11:00 a.m. SHAUN MARKHAM, ERIKA MARKHAM, Dept. 206 and ANGELO WILSON, and DOES 1-20, Action Filed: April 10, 2014 Defendants. Trial Date: June 26, 2017 |, Joshua S. Goodman, declare and state: | am an attorney-at-law licensed to practice in all the courts in the State of California and | am a Partner in the firm of Goodman Neuman Hamilton LLP. | have personal knowledge of the matters set forth in this Declaration, except where stated on information and belief, and could and would competently testify to them under oath if called as a witness. 4. | was first contacted concerning this case on June 15, 2017 and asked to represent CARRIE WILSON, individually and in her capacity as trustee of THE WILSON a 41 DECLARATION OF JOSHUA S. GOODMAN IN SUPPORT OF EX PARTE APPLICATIONFAMILY TRUST. | immediately contacted current defense counsel to discuss the case with them and to obtain and review case documents. | spent the remainder of June 15" and most of June 16" reviewing the procedural posture of the case and trying to understand the scope of the claims, the discovery that has been undertaken and the issues that will be presented at trial. | also attempted to locate someone to act as the guardian ad litem for CARRIE WILSON based on medical reports and documents | was provided that reflected that she lacked the mental capacity to represent herself. 2. On June 16" | contacted Michael J. Goldman, a Partner in the firm of Hawkins Parnell Thackson & Young LLP to see if he would agree to act as the guardian ad litem for CARRIE WILSON, | sent Mr. Goldman various documents, pleadings and medical reports on June 16" and on June 19" confirmed that he would agree to act as the guardian ad litem for MS. WILSON if the court appointed him as such and if the trial was continued from its current date of June 26" so that he had time to meet with MS. WILSON, to review the medical reports and other documentation bearing on her mental capacity and so that he had time to review the case file so that he could exercise his judgment on her behalf in making decisions such as whether to sign a substitution of counsel, whether to waive conflicts, issues related to settlement and any other decisions he might be called upon to make. He has indicated he would need a continuance of at least 30 days. 3. Similarly, | am prepared to undertake the representation of CARRIE WILSON, individually and in her capacity as trustee of THE WILSON FAMILY TRUST but only if a guardian ad litem is appointed for her and only if the trial is continued to at least August 7, 2017 to give me time to review the file sufficiently to represent CARRIE WILSON, individually and in her capacity as trustee of THE WILSON FAMILY TRUST in this action. | have a previously scheduled grief conference that | will be attending with my family from July 27, 2017 to July 30, 2017 that cannot be changed and for which nonrefundable plane tickets have been purchased. It would be a personal hardship if | could not attend this conference with my family. = 2 oleae a DECLARATION OF JOSHUA S. GOODMAN IN SUPPORT OF EX PARTE APPLICATIONoO N OH BF wHW HN & NN NY RY NN NHN KH & &B 2B Ba Be we ea ew aw ov OO GO fF ON & SO AAA aR GDH AS 4 One of the issues that is significant to me in determining that a trial continuance is required if | am to be defense counsel in this case is the punitive damages claim against the party | am being asked to represent. That claim makes it even more crucial that | have sufficient time to prepare for trial before assuming the defense. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 20th day of June, 2017, at San Francisco, California. Joshua 8. Goodman 3. DECLARATION OF JOSHUA S. GOODMAN IN SUPPORT OF EX PARTE APPLICATIONEXHIBIT B1|| Matthew K. Wisinski (SBN 195535) Katelyn M. Knight (SBN 264573) 2)| MURCHISON & CUMMING, LLP 275 Battery Street, Suite 850 3 || San Francisco, California 94111 Telephone: (415) 524-4300 4|| Facsimile: (415) 391-2058 E-Mail: — mwisinski@murchisonlaw.com 5 kknight@murchisoniaw.com 6 || Attorneys for Defendants ANGELO WILSON, CARRIE WILSON individually and in her 7 || capacity as Trustee of the WILSON FAMILY TRUST 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO 41 42|| PHILLIP GARCIA, CASE NO. CGC-14-538560 A3 Plaintiff, DECLARATION OF MICHAEL J. GOLDMAN IN SUPPORT OF EX PARTE 44 VS. APPLICATION 45 || CARRIE WILSON, in her capacity as | Date: June 21,2017 trustee of THE WILSON FAMILY TRUST, | Time: 17:00 a.m 46. SHAUN MARKHAM, ERIKA MARKHAM, Dept.: 206 and ANGELO WILSON, and DOES 1-20, 17 Action Filed: April 10, 2014 Defendants. Trial Date: June 26, 2017 18 vi ot +H 20 21 |, Michael J. Goldman, declare and state: 22 | am an attorney-at-law licensed to practice in all the courts in the State of Georgia 23 || and | ama Pastner in the firm of Hawkins Parnell Thackson & Young LLP. | have personal 24.| knowledge of the matters set forth in this Declaration, except where stated on information 25 || and belief, and could and would competently testify to them under oath if called as a 26 || witness. 27 1, | was first contacted conceming this case on June 16, 2017 by Joshua S. 28 || Goodman. Mr. Goodman explained that one of the defendants in this case, CARRIE a letter fel = so cele “DECLARATION OF MIGHAEL J. GOLDMAN IN SUPPORT OF EX PARTE APPLICATIONoOo N 8 oF PF ON =m RN KR NNN NON KR BB Fe Be 8 Bw ew ew ee oN © G & © N 32 Oo O60 Ost OP GH PF YW NY =A SD WILSON, was an 87 year old woman with dementia who needed a guardian ad litem appointed to act in her interests in this case. He emailed me various pleadings, such as the Second Amended Complaint, as well as an ex parte application for appointment of a guardian ad litem, including medical reports and other exhibits bearing on MS. WILSON's mental capacity, On June 19"" | advised Mr. Goodman that | would agree to act as Ms. WILSON's guardian ad litem but only if the court appointed me as her guardian and only if the trial was continued from its current date of June 26” by at least 30 days so that | have an opportunity to meet with MS. WILSON, to review the medical reports and other documentation bearing on her mental capacity and to review the case file so that | can exercise my judgment on her behalf in making decisions such as whether to sign a substitution of counsel, whether to waive conflicts, issues related to settlement and any other decisions | might be called upon to make concerning this case. 2. One of the issues in this case that cause me to conclude that a trial continuance is required if | am to be guardian ad litem for MS. WILSON is the punitive damages claim against her. This is a case in which MS. WILSON’s personal assets are potentially at risk and | believe that requires me to make sure | fully understand this case and all its ramifications before becoming MS. WILSON's guardian ad litem with the obligation to exercise my judgment in place of hers. { declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 21st day of June, 2017, at Atlanta, Georgia. gent 4. Michael J, Goldina oe. ieee et es eee DECLARATION OF MICHAEL J. GOLDMAN IN SUPPORT OF EX PARTE APPLICATION