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1 ROB BONTA
Attomey General of California
2 KRISTIN M . DAILY
Supervising Deputy Attorney General
3 JAMES F. CURRAN
Deputy Attorney General
4 State Bar No. 142041
1300 I Street, Suite 125
5 P.O. Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916)210-6113
Fax: (916) 324-5567
7 E-mail: James.Curran@doj.ca.gov
Attorneys for Defendant -
8 California Highway Patrol
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO
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DAVID RIDGE, Case No. 34-2019-00265393
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Plaintiff, DEFENDANT CALIFORNIA HIGHWAY
15 PATROL'S SUPPLEMENTAL EX PARTE
APPLICATION FOR ORDER
16 SHORTENING TIME; DECLARATION
OF JAMES F. CURRAN
17 THE CALIFORNIA HIGHWAY PATROL;
and DOES 1-100, inclusive, Date: August 29, 2022
18 Time: 9:00 a.m.
Defendants. Dept: 53
19 Judge: Hon. Richard K. Sueyoshi
Action Filed: September 23, 2019
20 Trial Date: April 3, 2023
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22 Defendant California Highway Patrol (CHP) hereby submits a supplemental ex parte
23 application, meant to correct an error in the original application about notice to opposing counsel
24 concerning this morning's hearing on the application. In the original application and supporting
25 declaration of James Curran, in Paragraph 6 on page 3, lines 23-28, CHP's counsel made a
26 typographical error. That part of the original application and declaration stated CHP's counsel
27 notified Plaintiffs counsel, John Briscoe, via telephone at 4:19 p.m. on Thursday, August 25,
28 2022 and electronic mail message at 4:41 p.m. on August 25, 2022, that CHP's counsel would
CHP's Supplemental Ex Parte Application re Motion to Compel Authorization Form (34-2019-00265393)
1 present this ex parte application to the court on August 30. 2022. That should have read August
2 29, 2022. Attached as Exhibit A to the below declaration is the email CHP's counsel sent to Mr.
3 Briscoe at 4:38 p.m., on Thursday, August 25, 2022, stating correctly that the ex parte application
4 hearing would be on AuRust 29, 2022. As stated in Paragraph 6 of the original Application and
5 Declaration, Mr. Briscoe told CHP's counsel, in a telephone conversation at 4:19 p.m. on
6 Thursday, August 25, 2022, that Mr. Briscoe would appear at the ex parte application hearing
7 today and that he would oppose it.
8 DECLARATION
9 In support of this application, I can state the following based upon personal knowledge:
10 1. I am a Deputy Attorney General licensed to practice law in all courts of the State of
11 California and am counsel of record for Defendant California Highway Patrol (CHP) in this
12 action.
13 2. I notified Plaintiffs counsel, John Briscoe, of Mayall Hurley PC, via telephone at 4:19
14 p.m. on Thursday, August 25, 2022 and electronic mail message at 4:41 p.m. on August 25, 2022,
15 that I would present to this court on August 29, 2022, at 9:00 a.m., in Department 53, an
16 application for an order setting an earlier hearing date on the motion to compel signatures on the
17 authorization form demanded by Therapist Williams, and for an order shortening time for notice
18 of that motion. Mr. Briscoe stated he intended to appear and oppose the application. Attached as
19 Exhibit 1 is a true and correct copy of my e-mail message to Mr. Briscoe of August 25, 2022, at
20 4:41 p.m.
21 3.1 left a voicemail message for Kay Williams, MFT, at 5:55 p.m., on Thursday, August
22 25, 2022, in which message I gave her notice of the date, time and department of the hearing on
23 this ex parte application and explained the purpose of the application and the nature of the motion
24 on which we seek shortened time. She responded via email to me at approximately 9:00 p.m. on
25 Thursday, August 25. She stated in her email that she will not appear at the hearing on this ex
26 parte application.
21 III
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CHP's Supplemental Ex Parte Application re Motion to Compel Authorization Form (34-2019-00265393)
4. I emailed this supplemental application and declaration to Mr. Briscoe at approximately
^ 8:00 a.m. this morning (August 29, 2022).
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4 1 declare under penalty of perjury under the laws of the State of California that the
5 foregoing is true and correct. Executed at Sacramento, California on August 29, 2022.
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CHP's Supplemental Ex Parte Application re Motion to Compel Authorization Form (34-2019-00265393)
EXHIBIT 1
James Curran
From: James Curran
Sent: Thursday, August 25, 2022 4:38 PM
To: 'John Briscoe'
Cc: Christopher Irby
Subject: Ridge, David v. CHP
Profiledltem: true
John,
This is to provide additional notice that, as 1 stated in our telephone conversation at 4:19 p.m. today, 1 will appear ex parte
in Department 53 of the Sacramento Superior Court at 9:00 a.m., on Monday, August 29, 2022, to request, on CHP's
behalf, an order shortening time for notice and setting an earlier hearing date than the presentiy reserved date (September
21) for CHP:'s MOTION TO COMPEL SIGNATURE ON AUTHORIZATION FORM AND COMPLIANCE WITH
SUBPOENA, AND FOR SANCTIONS. CHP will seek the order shortening time and for an earlier hearing in order to
have the motion heard earlier than September 21, so that we may obtain and question Plaintiff about Ms. Williams'
records, and so that we will be able to use the records and any deposition testimony by Plaintiff or Ms. Williams in an
expected dispositive motion. V>Xjns is not an exhaustive list of the grounds on which we will base our ex parte application.
in the motion, CHP vvill seek an order compelling Plaintiff Ridge and his counsel to sign the authorization form which we
have sent you and which Ms. Williams requested as a condition of allowing copying of her records of treatment of
Plaintiff Ridge as set forth in the subpoena. This will confirm that you stated over the phone that you intend to appear at
the hearing on the ex parte application on Monday morning.
Respectfully,
James F. Curran
Deputy Attorney General IV •
Employment and Administrative Mandate Section
CALIFORNIA DEPARTMENT OF JUSTICE
1300 I Street, 16"'Floor
Sacramento, CA 95814
Mobile: (916)712-4042
Direct: (916)210-6113
James.Curran(§doj.ca.gov
(he/him/his)
Preview
1 ROB BONTA Attomey General of California 2 KRISTIN M . DAILY Supervising Deputy Attorney General 3 JAMES F. CURRAN Deputy Attorney General 4 State Bar No. 142041 1300 I Street, Suite 125 5 P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916)210-6113 Fax: (916) 324-5567 7 E-mail: James.Curran@doj.ca.gov Attorneys for Defendant - 8 California Highway Patrol 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 13 DAVID RIDGE, Case No. 34-2019-00265393 .14 Plaintiff, DEFENDANT CALIFORNIA HIGHWAY 15 PATROL'S SUPPLEMENTAL EX PARTE APPLICATION FOR ORDER 16 SHORTENING TIME; DECLARATION OF JAMES F. CURRAN 17 THE CALIFORNIA HIGHWAY PATROL; and DOES 1-100, inclusive, Date: August 29, 2022 18 Time: 9:00 a.m. Defendants. Dept: 53 19 Judge: Hon. Richard K. Sueyoshi Action Filed: September 23, 2019 20 Trial Date: April 3, 2023 21 22 Defendant California Highway Patrol (CHP) hereby submits a supplemental ex parte 23 application, meant to correct an error in the original application about notice to opposing counsel 24 concerning this morning's hearing on the application. In the original application and supporting 25 declaration of James Curran, in Paragraph 6 on page 3, lines 23-28, CHP's counsel made a 26 typographical error. That part of the original application and declaration stated CHP's counsel 27 notified Plaintiffs counsel, John Briscoe, via telephone at 4:19 p.m. on Thursday, August 25, 28 2022 and electronic mail message at 4:41 p.m. on August 25, 2022, that CHP's counsel would CHP's Supplemental Ex Parte Application re Motion to Compel Authorization Form (34-2019-00265393) 1 present this ex parte application to the court on August 30. 2022. That should have read August 2 29, 2022. Attached as Exhibit A to the below declaration is the email CHP's counsel sent to Mr. 3 Briscoe at 4:38 p.m., on Thursday, August 25, 2022, stating correctly that the ex parte application 4 hearing would be on AuRust 29, 2022. As stated in Paragraph 6 of the original Application and 5 Declaration, Mr. Briscoe told CHP's counsel, in a telephone conversation at 4:19 p.m. on 6 Thursday, August 25, 2022, that Mr. Briscoe would appear at the ex parte application hearing 7 today and that he would oppose it. 8 DECLARATION 9 In support of this application, I can state the following based upon personal knowledge: 10 1. I am a Deputy Attorney General licensed to practice law in all courts of the State of 11 California and am counsel of record for Defendant California Highway Patrol (CHP) in this 12 action. 13 2. I notified Plaintiffs counsel, John Briscoe, of Mayall Hurley PC, via telephone at 4:19 14 p.m. on Thursday, August 25, 2022 and electronic mail message at 4:41 p.m. on August 25, 2022, 15 that I would present to this court on August 29, 2022, at 9:00 a.m., in Department 53, an 16 application for an order setting an earlier hearing date on the motion to compel signatures on the 17 authorization form demanded by Therapist Williams, and for an order shortening time for notice 18 of that motion. Mr. Briscoe stated he intended to appear and oppose the application. Attached as 19 Exhibit 1 is a true and correct copy of my e-mail message to Mr. Briscoe of August 25, 2022, at 20 4:41 p.m. 21 3.1 left a voicemail message for Kay Williams, MFT, at 5:55 p.m., on Thursday, August 22 25, 2022, in which message I gave her notice of the date, time and department of the hearing on 23 this ex parte application and explained the purpose of the application and the nature of the motion 24 on which we seek shortened time. She responded via email to me at approximately 9:00 p.m. on 25 Thursday, August 25. She stated in her email that she will not appear at the hearing on this ex 26 parte application. 21 III 28 2 CHP's Supplemental Ex Parte Application re Motion to Compel Authorization Form (34-2019-00265393) 4. I emailed this supplemental application and declaration to Mr. Briscoe at approximately ^ 8:00 a.m. this morning (August 29, 2022). 3 4 1 declare under penalty of perjury under the laws of the State of California that the 5 foregoing is true and correct. Executed at Sacramento, California on August 29, 2022. 6 7 8 9 10 11 12 13 14 15 SA2019106238 16 17 18 19 20 21 22 23 24 25 26 27 28 „ CHP's Supplemental Ex Parte Application re Motion to Compel Authorization Form (34-2019-00265393) EXHIBIT 1 James Curran From: James Curran Sent: Thursday, August 25, 2022 4:38 PM To: 'John Briscoe' Cc: Christopher Irby Subject: Ridge, David v. CHP Profiledltem: true John, This is to provide additional notice that, as 1 stated in our telephone conversation at 4:19 p.m. today, 1 will appear ex parte in Department 53 of the Sacramento Superior Court at 9:00 a.m., on Monday, August 29, 2022, to request, on CHP's behalf, an order shortening time for notice and setting an earlier hearing date than the presentiy reserved date (September 21) for CHP:'s MOTION TO COMPEL SIGNATURE ON AUTHORIZATION FORM AND COMPLIANCE WITH SUBPOENA, AND FOR SANCTIONS. CHP will seek the order shortening time and for an earlier hearing in order to have the motion heard earlier than September 21, so that we may obtain and question Plaintiff about Ms. Williams' records, and so that we will be able to use the records and any deposition testimony by Plaintiff or Ms. Williams in an expected dispositive motion. V>Xjns is not an exhaustive list of the grounds on which we will base our ex parte application. in the motion, CHP vvill seek an order compelling Plaintiff Ridge and his counsel to sign the authorization form which we have sent you and which Ms. Williams requested as a condition of allowing copying of her records of treatment of Plaintiff Ridge as set forth in the subpoena. This will confirm that you stated over the phone that you intend to appear at the hearing on the ex parte application on Monday morning. Respectfully, James F. Curran Deputy Attorney General IV • Employment and Administrative Mandate Section CALIFORNIA DEPARTMENT OF JUSTICE 1300 I Street, 16"'Floor Sacramento, CA 95814 Mobile: (916)712-4042 Direct: (916)210-6113 James.Curran(§doj.ca.gov (he/him/his)