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1 BRADLEY R. LARSON (SBN 95470)
MARK T. LOBRE (SBN 154562)
2 SIMS, LAWRENCE & BROGHAMMER
2261 Lava Ridge Court
3 Roseville, CA 95661
Telephone: (916) 797-8881
4 Facsimile: (916) 253-1544
brad@sims-law.net
5 michael@sims-law.net
6 Attorneys for Defendant
WALMART INC.
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF KERN
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11 CHRISTINA SANCHEZ, an Individual, Case No. BCV-21-102598
12 Plaintiff, STIPULATION AND [PROPOSED] ORDER
TO VACATE AND RESET MANDATORY
13 vs. SETTLEMENT CONFERENCE, TRIAL
DATE AND ALL RELATED DATES
14 WALMART; WALMART INC., and
DOES 1 to 40 Assigned for all purposes to:
15 Hon. J. Eric Bradshaw
Defendants.
16 Complaint Filed: 11/02/2021
MSC: 03/27/2023
17 Trial: 04/24/2023
18 Plaintiff CHRISTINA SANCHEZ and Defendant WALMART INC by and through their
19 respective counsel, hereby stipulate as follows:
20 RECITALS
21 1. WHEREAS plaintiff filed her lawsuit on November 8, 2021, against Defendant
22 alleging she was injured at Defendant’s store on November 20, 2019;
23 2. WHEREAS this matter is currently set for jury trial on Monday, April 24, 2023;
24 3. WHEREAS the Mandatory Settlement Conference is currently scheduled for
25 Thursday, March 27, 2023;
26 4. WHEREAS the parties have now agreed to mediation in this case with Larry Peake,
27 Esq., but not yet been able to schedule a date for the mediation, Esq. (Cal. Rule of Ct. Rule
28 3.1332(c)(7);
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STIPULATION AND [PROPOSED] ORDER TO VACATE AND RESET MANDATORY SETTLEMENT
CONFERENCE, TRIAL DATE AND ALL RELATED DATES
1 8. WHEREAS the trial of this matter is set to commence in approximately two-plus
2 months from the date of this submission (Cal. Rules of Ct. Rule 3.1332(d)(1));
3 9. WHEREAS no prior continuances of trial have been requested or granted in this
4 matter (Cal. Rules of Ct. Rule 3.1332(d)(2));
5 10. WHEREAS the parties request a continuance of the jury trial in the matter (Cal. Rules
6 of Ct. Rule 3.1332(d)(3);
7 11. WHEREAS counsel for the parties agree that necessary discovery, including expert
8 witness discovery, cannot be completed within the time allowed based on the current trial date despite
9 due diligence;
10 12. WHEREAS plaintiff is continuing to receive medical treatment including future
11 surgery (ies);
12 12. WHEREAS the parties agree that continuance of the jury trial is the optimal course of
13 action that will address the issues giving rise to the need for this continuance (Cal. Rules of Ct. Rule
14 3.1332(d)(4));
15 13. WHEREAS the parties desire additional time to complete discovery and submit the
16 matter to private mediation prior to the mandatory settlement conference;
17 14. WHEREAS no party to this action will suffer prejudice as a result of the jury trial in
18 this matter being continued (Cal. Rules of Ct. Rule 3.1332(d)(5));
19 15. WHEREAS all parties have stipulated to continuance of trial in this matter (Cal. Rules
20 of Ct. Rule 3.1332(d)(9));
21 16. WHEREAS the interests of justice would be best served by a continuance of the jury
22 trial in this matter (Cal. Rules of Ct. Rule 3.1332(d) (10)).
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STIPULATION AND [PROPOSED] ORDER TO VACATE AND RESET MANDATORY SETTLEMENT
CONFERENCE, TRIAL DATE AND ALL RELATED DATES
1 ORDER
2 The Court, having reviewed the foregoing Stipulation to Continue the Jury to a date after
3 November 27, 2023, and finding good cause appearing therefore,
4 IT IS HEREBY ORDERED THAT:
5 1. The Jury trial date presently set for April 17, 2023, is vacated, and reset to
6 _____________________________________ and the Mandatory Trial Readiness Conference of April
7 13, 2023, is also vacated and reset to ______________________.
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9 IT IS SO ORDERED.
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Dated: February ___, 2023 ___________________________
11 Judge of the Superior Court
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STIPULATION AND [PROPOSED] ORDER TO VACATE AND RESET MANDATORY SETTLEMENT
CONFERENCE, TRIAL DATE AND ALL RELATED DATES
1 PROOF OF SERVICE
2 I, VICKI WATKINS, certify and declare as follows:
3 I am over the age of 18 years, and not a party to this action. My business address is 2261 Lava
Ridge Court, Roseville, CA 95661. I am employed in the County of Placer where this service occurs.
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On the date set forth below, following ordinary business practice, I served a true copy of the
5 foregoing document(s) described as:
6 STIPULATION AND [PROPOSED] ORDER TO VACATE AND RESET MANDATORY
SETTLEMENT CONFERENCE, TRIAL DATE AND ALL RELATED DATES
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(BY MAIL) I am readily familiar with my employer's normal business practice for collection and
8 processing of correspondence for mailing with the U.S. Postal Service. Correspondence so
collected and processed is deposited with the U.S. Postal Service that same day in the ordinary
9 course of business. I placed for deposit in the United States Postal Service in a sealed envelope,
with postage fully prepaid, to the addressee(s) below.
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11 (BY PERSONAL SERVICE) I personally delivered the above document(s) by hand between 9:00
a.m. and 5:00 p.m. to the office of the addressee(s) below.
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(BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained by
13 Federal Express an express service carrier or delivered to a courier or driver authorized by said
14 express service carrier to receive such envelope(s) to be delivered by overnight delivery, with
delivery fees paid or provided for, addressed to the person(s) on whom it is to be served below.
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(BY ELECTRONIC SERVICE) I transmitted via electronic service through LexisNexis to the
16 offices of the addressee(s) below as stated on the attached service list on this date before 5:00 p.m.
17 Thomas A. Brill
18 The Law Offices of Young Wooldridge
1800 30th Street, 4th Floor
19 Bakersfield, CA 93301
T: 661-327-9661
20 E: tbrill@youngwooldridge.com
ylambarena@youngwooldridge.com
21 smoreno@youngwooldridge.com
22 COUNSEL FOR PLAINTIFF
23 CHRISTINA SANCHEZ
(State) I certify and declare under penalty of perjury under the laws of the State of California that
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the foregoing is true and correct.
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26 Executed on: February 16, 2023 _______________________________
VICKI WATKINS
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1 BRADLEY R. LARSON (SBN 95470) MARK T. LOBRE (SBN 154562) 2 SIMS, LAWRENCE & BROGHAMMER 2261 Lava Ridge Court 3 Roseville, CA 95661 Telephone: (916) 797-8881 4 Facsimile: (916) 253-1544 brad@sims-law.net 5 michael@sims-law.net 6 Attorneys for Defendant WALMART INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF KERN 10 11 CHRISTINA SANCHEZ, an Individual, Case No. BCV-21-102598 12 Plaintiff, STIPULATION AND [PROPOSED] ORDER TO VACATE AND RESET MANDATORY 13 vs. SETTLEMENT CONFERENCE, TRIAL DATE AND ALL RELATED DATES 14 WALMART; WALMART INC., and DOES 1 to 40 Assigned for all purposes to: 15 Hon. J. Eric Bradshaw Defendants. 16 Complaint Filed: 11/02/2021 MSC: 03/27/2023 17 Trial: 04/24/2023 18 Plaintiff CHRISTINA SANCHEZ and Defendant WALMART INC by and through their 19 respective counsel, hereby stipulate as follows: 20 RECITALS 21 1. WHEREAS plaintiff filed her lawsuit on November 8, 2021, against Defendant 22 alleging she was injured at Defendant’s store on November 20, 2019; 23 2. WHEREAS this matter is currently set for jury trial on Monday, April 24, 2023; 24 3. WHEREAS the Mandatory Settlement Conference is currently scheduled for 25 Thursday, March 27, 2023; 26 4. WHEREAS the parties have now agreed to mediation in this case with Larry Peake, 27 Esq., but not yet been able to schedule a date for the mediation, Esq. (Cal. Rule of Ct. Rule 28 3.1332(c)(7); -1- STIPULATION AND [PROPOSED] ORDER TO VACATE AND RESET MANDATORY SETTLEMENT CONFERENCE, TRIAL DATE AND ALL RELATED DATES 1 8. WHEREAS the trial of this matter is set to commence in approximately two-plus 2 months from the date of this submission (Cal. Rules of Ct. Rule 3.1332(d)(1)); 3 9. WHEREAS no prior continuances of trial have been requested or granted in this 4 matter (Cal. Rules of Ct. Rule 3.1332(d)(2)); 5 10. WHEREAS the parties request a continuance of the jury trial in the matter (Cal. Rules 6 of Ct. Rule 3.1332(d)(3); 7 11. WHEREAS counsel for the parties agree that necessary discovery, including expert 8 witness discovery, cannot be completed within the time allowed based on the current trial date despite 9 due diligence; 10 12. WHEREAS plaintiff is continuing to receive medical treatment including future 11 surgery (ies); 12 12. WHEREAS the parties agree that continuance of the jury trial is the optimal course of 13 action that will address the issues giving rise to the need for this continuance (Cal. Rules of Ct. Rule 14 3.1332(d)(4)); 15 13. WHEREAS the parties desire additional time to complete discovery and submit the 16 matter to private mediation prior to the mandatory settlement conference; 17 14. WHEREAS no party to this action will suffer prejudice as a result of the jury trial in 18 this matter being continued (Cal. Rules of Ct. Rule 3.1332(d)(5)); 19 15. WHEREAS all parties have stipulated to continuance of trial in this matter (Cal. Rules 20 of Ct. Rule 3.1332(d)(9)); 21 16. WHEREAS the interests of justice would be best served by a continuance of the jury 22 trial in this matter (Cal. Rules of Ct. Rule 3.1332(d) (10)). 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2- STIPULATION AND [PROPOSED] ORDER TO VACATE AND RESET MANDATORY SETTLEMENT CONFERENCE, TRIAL DATE AND ALL RELATED DATES 1 ORDER 2 The Court, having reviewed the foregoing Stipulation to Continue the Jury to a date after 3 November 27, 2023, and finding good cause appearing therefore, 4 IT IS HEREBY ORDERED THAT: 5 1. The Jury trial date presently set for April 17, 2023, is vacated, and reset to 6 _____________________________________ and the Mandatory Trial Readiness Conference of April 7 13, 2023, is also vacated and reset to ______________________. 8 9 IT IS SO ORDERED. 10 Dated: February ___, 2023 ___________________________ 11 Judge of the Superior Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- STIPULATION AND [PROPOSED] ORDER TO VACATE AND RESET MANDATORY SETTLEMENT CONFERENCE, TRIAL DATE AND ALL RELATED DATES 1 PROOF OF SERVICE 2 I, VICKI WATKINS, certify and declare as follows: 3 I am over the age of 18 years, and not a party to this action. My business address is 2261 Lava Ridge Court, Roseville, CA 95661. I am employed in the County of Placer where this service occurs. 4 On the date set forth below, following ordinary business practice, I served a true copy of the 5 foregoing document(s) described as: 6 STIPULATION AND [PROPOSED] ORDER TO VACATE AND RESET MANDATORY SETTLEMENT CONFERENCE, TRIAL DATE AND ALL RELATED DATES 7 (BY MAIL) I am readily familiar with my employer's normal business practice for collection and 8 processing of correspondence for mailing with the U.S. Postal Service. Correspondence so collected and processed is deposited with the U.S. Postal Service that same day in the ordinary 9 course of business. I placed for deposit in the United States Postal Service in a sealed envelope, with postage fully prepaid, to the addressee(s) below. 10 11 (BY PERSONAL SERVICE) I personally delivered the above document(s) by hand between 9:00 a.m. and 5:00 p.m. to the office of the addressee(s) below. 12 (BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained by 13 Federal Express an express service carrier or delivered to a courier or driver authorized by said 14 express service carrier to receive such envelope(s) to be delivered by overnight delivery, with delivery fees paid or provided for, addressed to the person(s) on whom it is to be served below. 15 (BY ELECTRONIC SERVICE) I transmitted via electronic service through LexisNexis to the 16 offices of the addressee(s) below as stated on the attached service list on this date before 5:00 p.m. 17 Thomas A. Brill 18 The Law Offices of Young Wooldridge 1800 30th Street, 4th Floor 19 Bakersfield, CA 93301 T: 661-327-9661 20 E: tbrill@youngwooldridge.com ylambarena@youngwooldridge.com 21 smoreno@youngwooldridge.com 22 COUNSEL FOR PLAINTIFF 23 CHRISTINA SANCHEZ (State) I certify and declare under penalty of perjury under the laws of the State of California that 24 the foregoing is true and correct. 25 26 Executed on: February 16, 2023 _______________________________ VICKI WATKINS 27 28