Party Statement: RUBEN SANTOS MARTINEZ VS JAVIER AVIEL VALENZUELA

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                                Electronically FILED by Superior Court of California, County of Los Angeles on 08/09/2021 05:03 PM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Parenteau,Deputy Clerk


                        DAVID R. LIRA, ESQ. (SBN 134370)
                      1 BRITTAN CORTNEY, ESQ. (SBN 303303)
                        ENGSTROM, LIPSCOMB & LACK
                      2 10100 Santa Monica Boulevard, 12th Floor
                        Los Angeles, California 90067
                      3 Telephone:    (310) 552-3800
                        Facsimile:    (310) 552-9434
                      4 Email:        dlira@elllaw.com
                      5 Attorneys for Plaintiff

                      6

                      7

                      8                                 SUPERIOR COURT OF THE STATE OF CALIFORNIA
                      9                                   COUNTY OF LOS ANGELES, CENTRAL DISTRICT
                    10

                    11 RUBEN SANTOS MARTINEZ                                                              Case No. 19STCV39214[
                                                                                                          Assigned to Hon. Michael E. Whitaker, Dept.
                    12                                   Plaintiff,                                       32]
                                       v.
                    13                                                                                    DECLARATION OF DAVID R. LIRA
                            JAVIER AVIEL VALENZUELA,
                    14                                                                                    Complaint Filed:             October 28, 2019
                                                           Defendant.                                     Trial Date:                  August 9, 2021
                    15

                    16                 I, David R. Lira, declare and state:
                    17 1.              I am an attorney, licensed to practice in the State of California, and an attorney of record
                    18 herein for Plaintiff. Unless otherwise stated, I have personal knowledge of each and all facts stated

                    19 herein and could and would competently testify thereto.

                    20 2.              The parties appeared at the Final Status Conference on June 17, 2021 before the Hon.
                    21 Michael Whitaker in Department 32. The court asked both parties’ counsel whether they were

                    22 ready for trial. Counsel for Defendant answered “yes” as did your Declarant. The trial date was set

                    23 for July 1, 2021.

                    24 3.              Plaintiff’s counsel issued a subpoena to Plaintiff’s treating surgeon, Mark E. Fleming, to
                    25 testify at trial as a witness. Attached hereto as Exhibit 1 is a true and correct copy of Mark E.

                    26 Fleming’s subpoena to testify at trial on July 6, 2021, filed on June 21, 2021, in this action.

                    27 4.              On June 23, 2021, Defendant brought an ex parte application to continue trial after
                    28 answering ready and only seven days before trial. As a person courtesy to Defendant’s counsel,

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                                                                                 DECLARATION OF DAVID R. LIRA