Preview
1 THEODORE E. BACON (CA Bar No. 115395)
tbacon@AlvaradoSmith.com
2 JACOB M. CLARK (CA Bar No. 266630)
jclark@AlvaradoSmith.com
3 ALVARADOS MITH
A Professional Corporation
4 1 MacArthur Place, Suite 200
Santa Ana, California 92707
5 Tel: (714) 852-6800
Fax: (714) 852-6899
6
Attorneys for Defendant
7 CALIFORNIA COMMERCE CLUB, INC.
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF LOS ANGELES
10
11 LEANNA DELGADO an individual, CASE NO.: BC 586727
z 12 Plaintiff, JUDGE: Hon. Dennis J. Landin
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VJ O Z ORDER TO CONTINUE THE TRIAL
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Cl ..., < 14 CALIFORNIA COMMERCE CLUB, INC. a DATE 7-14 DAYS; MEMORANDUM OF
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....1 "' 15 inclusive, DECLARATION OF THEODORE E.
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By: _____________
-< 16 THEODORE E. BACON
JACOB M. CLARK
17 Attorneys for Defendant
CALIFORNIA COMMERCE CLUB. INC.
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EX PARTE APPLICATION FOR AN ORDER TO CONTINUE THE TRIAL DATE TWO-WEEKS
4885017.1 -- 86196.3
1 DECLARATION OF THEODORE E. BACON
2 I, Theodore E. Bacon, declare as follows:
3 1. I am an attorney licensed to practice law in the State of California, and am a member
4 of the law firm of AlvaradoSmith, a Professional Corporation, attorneys of record for defendant
5 California Commerce Club, Inc. ("Defendant"). I am responsible for defending and prosecuting this
6 matter on behalf of Defendant. As such, I have personal knowledge of all the facts except as to
7 those matters stated on information and belief, and, as to those matters, I believe them to be true. If
8 called as a witness to testify as such, I could and would testify competently under oath.
9 2. I submit this declaration in support of this Ex Parte Application for an order to
10 continue the trial date two-weeks for April 6, 2020 to a date not sooner than April 13, 2020, but up
11 to April 20, 2020 ("Application").
z 12 3. Defendant seeks a very brief continuance because at the time trial was set in this
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15 other. I understand that scheduling was undertaken by the Court to accommodate this trial, and
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< 16 sincerely apologize for my mistake in not raising this issue at the time trial was set. I am
17 respectfully asking the Court to start the case Monday, April 13th, or later, knowing full well that
18 granting of my request may not be possible, but with the hope that it can somehow be
19 accommodated and I can then vacate the "doghouse" where I currently reside. Plaintiffs counsel
20 has graciously agreed to the short continuance, per the attached stipulation referenced in the next
21 paragraph of this declaration.
22 4. Attached hereto as Exhibit "A" is a true and correct copy of the Joint Stipulation to
23 Continue Trial By Two Weeks.
24
25
26
27 Ill
28 Ill
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EX PARTE APPLICATION FOR AN ORDER TO CONTINUE THE TRIAL DATE TWO-WEEKS
4885017.1 -- 86196.3
1 Ex Parle Notice
2 5. On March 3, 2020, I sent counsel for Plaintiff Leanna Delgado ("Plaintiff'), Mark
3 Lim of Shegerian & Associates, written notice by email informing counsel of this Application. Mr.
4 Lim responded by advised that Plaintiff does not oppose the Application. Attached hereto as
5 Exhibit "B" is a true and correct copy of the written notice provided to Plaintiffs counsel by email.
6 Mr. Lim then confirmed the motion would not be opposed by Plaintiff.
7 I declare under penalty of perjury under the laws of the State of California that the foregoing
8 is true and correct.
9 Executed on March 5, 2020, at Los Angeles, Califomi�.--
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10
11 THEODORE E. BACON
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Sent: Wednesday, March 4, 2020 5:11 PM
To: Ted Bacon
Cc: Jacob M. Clark
Subject: RE: Delgado v. Commerce - Wendy Williams
Thanks. Plaintiff does not oppose.
Mark Lim I Associate Attorney
145 S Spring Street, Suite 400 I Los Angeles, CA 90012
Office: (310) 860-0770 I Facsimile: (310) 860-0771
mlim@sheqerianlaw.com I sheqerianlaw.com
SHEGERIAN & ASSOCIATES
Pleas,! do not p<"ini: thi;:, r- rnail unle,,s ,,bsolutcly necc;,s;:iry. C0NF!DENTTAL.ITY NOTICE: This comrnunic1t1on and ;1ny r1crnmp,inyin9 docurncnt:(s) ilre
privile�1ed <1nd coniidcnt:i,JI ,.ind ,ire ;ntendecl for the sole use of the acldrcsscc(s). H you hav,.) 1·ccdvccl this trar 1srnis•,ion in errn,, you ,H"C ,.,civiseci that ,1ny
(Ji:;ciosurc, c:ooyi119, dii.;trihution, or \Iii' ti*iWJ of any action rr, rc-!i,:1no· upon it is c;tri<.\iy p1uhibited. Moreover, any r;ucil irwdvcrtcnt disclosun: shall not
comprnmi•;e or waive the St1cqcrian LZNJ client privile9e c1•; to lhi•, c:ornmunlcalion or other-wise. If you have receivccl this 1:01T1rrnw1ic:al:io11 ir•r error, please
11111ncc:li,'1lely ddete it ;:me! co11tacl us at priv,icy/i::,heqcrianlaw.corn or by telephone at (3.lO) 860-0/70. Tli;:mk you.
From: Ted Bacon
Sent: Wednesday, March 4, 2020 5:09 PM
To: Mark Lim
Cc: Jacob M. Clark
Subject: RE: Delgado v. Commerce - Wendy Williams
Importance: High
Hi Mark
Just a confirmation that we will present the attached stip as a part of an ex parte motion to kick the trial on Friday
March 6, 2020 at 8:30am in D 51. LA Superior, 111 N. Hill Street. The motion will advise the Court that it is unopposed.
Thanks
Ted
THEODORE E. BACON
l
EQUITY SHAREHOLDER
2 5
ALVARADOSMITHt
633 W. Fifth Street, Suite 900
Los Angeles, CA 90071
T: 213.229.2400
F: 213.229 .2499
tbacon@alvaradosmith.corn
NOTICE OF STRICT CONFIDENTIALITY. This transmission constitutes an electronic communication within the meaning of the Electronic
Communications Privacy Act, 18 USC 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message, together
with any attachments. This communication, including its attachments, may contain confidential and privileged material for the sole use of
the intended individual or entity recipient, and receipt by any party other than the intended recipient does not constitute a loss of the
1
confidential or prlvlleged nature of the communication. Any review or distribution by others is strictly prohibited. If you ore not the Intended
recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If
you have received this message In error, please notify the original sender Immediately by telephone or by return Email, and delete this
message along with any attachments from your computer.
2
PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 I am employed in the County of Los Angeles, State of California. I am over the age of 18
years and not a party to the within action. My business address is ALYARADOSMITH, 633 W. ·Fifth
4 Street, Suite 900, Los Angeles, CA 90071.
5 On March 5, 2020, I served the foregoing document(s) described as:
6 EX PARTE APPLICATION FOR AN ORDER TO CONTINUE THE TRIAL DATE 7-
14 DAYS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION
7 OF THEODORE E. BACON IN SUPPORT
8 on the interested parties in this action.
9 � by placing the original and/or a true copy thereof enclosed in (a) sealed envelope(s),
addressed as follows:
IO
SEE ATTACHED SERVICE LIST
11
� BY REGULAR MAIL: I deposited such envelope in the mail at 633 W. Fifth Street, Los
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12 Angeles, California 90071. The envelope was mailed with postage thereon fully prepaid. I
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am "readily familiar" with this firm's practice of collecting and processing correspondence
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Delgado v. California Commerce Club, et al. PROOF OF SERVICE
LASC Case No. BC586727
4629228.1 •• B6 l 96.3
Preview
1 THEODORE E. BACON (CA Bar No. 115395) tbacon@AlvaradoSmith.com 2 JACOB M. CLARK (CA Bar No. 266630) jclark@AlvaradoSmith.com 3 ALVARADOS MITH A Professional Corporation 4 1 MacArthur Place, Suite 200 Santa Ana, California 92707 5 Tel: (714) 852-6800 Fax: (714) 852-6899 6 Attorneys for Defendant 7 CALIFORNIA COMMERCE CLUB, INC. 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 11 LEANNA DELGADO an individual, CASE NO.: BC 586727 z 12 Plaintiff, JUDGE: Hon. Dennis J. Landin ... "' :i:: < � 0 13 vs. EX PARTE APPLICATION FOR AN � � < VJ O Z ORDER TO CONTINUE THE TRIAL OU< Cl ..., < 14 CALIFORNIA COMMERCE CLUB, INC. a DATE 7-14 DAYS; MEMORANDUM OF < < z et: z >- < California Corporation and DOES 1 through 25, POINTS AND AUTHORITIES; < 2 (/') > � ....1 "' 15 inclusive, DECLARATION OF THEODORE E. - �� � 15 (._ ......-- �o ...:i "' By: _____________ -< 16 THEODORE E. BACON JACOB M. CLARK 17 Attorneys for Defendant CALIFORNIA COMMERCE CLUB. INC. 18 19 20 21 22 23 24 25 26 27 28 EX PARTE APPLICATION FOR AN ORDER TO CONTINUE THE TRIAL DATE TWO-WEEKS 4885017.1 -- 86196.3 1 DECLARATION OF THEODORE E. BACON 2 I, Theodore E. Bacon, declare as follows: 3 1. I am an attorney licensed to practice law in the State of California, and am a member 4 of the law firm of AlvaradoSmith, a Professional Corporation, attorneys of record for defendant 5 California Commerce Club, Inc. ("Defendant"). I am responsible for defending and prosecuting this 6 matter on behalf of Defendant. As such, I have personal knowledge of all the facts except as to 7 those matters stated on information and belief, and, as to those matters, I believe them to be true. If 8 called as a witness to testify as such, I could and would testify competently under oath. 9 2. I submit this declaration in support of this Ex Parte Application for an order to 10 continue the trial date two-weeks for April 6, 2020 to a date not sooner than April 13, 2020, but up 11 to April 20, 2020 ("Application"). z 12 3. Defendant seeks a very brief continuance because at the time trial was set in this ::r: < f-- "' - 0 13 matter, I totally forgot that I had paid for and scheduled a 5-day vacation in Mexico beginning April ::E IZl �O � ,.-1"' V} 15 other. I understand that scheduling was undertaken by the Court to accommodate this trial, and -<::; < 16 sincerely apologize for my mistake in not raising this issue at the time trial was set. I am 17 respectfully asking the Court to start the case Monday, April 13th, or later, knowing full well that 18 granting of my request may not be possible, but with the hope that it can somehow be 19 accommodated and I can then vacate the "doghouse" where I currently reside. Plaintiffs counsel 20 has graciously agreed to the short continuance, per the attached stipulation referenced in the next 21 paragraph of this declaration. 22 4. Attached hereto as Exhibit "A" is a true and correct copy of the Joint Stipulation to 23 Continue Trial By Two Weeks. 24 25 26 27 Ill 28 Ill 3 EX PARTE APPLICATION FOR AN ORDER TO CONTINUE THE TRIAL DATE TWO-WEEKS 4885017.1 -- 86196.3 1 Ex Parle Notice 2 5. On March 3, 2020, I sent counsel for Plaintiff Leanna Delgado ("Plaintiff'), Mark 3 Lim of Shegerian & Associates, written notice by email informing counsel of this Application. Mr. 4 Lim responded by advised that Plaintiff does not oppose the Application. Attached hereto as 5 Exhibit "B" is a true and correct copy of the written notice provided to Plaintiffs counsel by email. 6 Mr. Lim then confirmed the motion would not be opposed by Plaintiff. 7 I declare under penalty of perjury under the laws of the State of California that the foregoing 8 is true and correct. 9 Executed on March 5, 2020, at Los Angeles, Califomi�.-- ,.. 10 11 THEODORE E. BACON ;z 0 12 :i:: < f--, - "' 0 13 ::E:;; < C/l O ;z ou-,: 0 ...., < < f-o < 14 p:: ;z � U') 15 Sent: Wednesday, March 4, 2020 5:11 PM To: Ted Bacon Cc: Jacob M. Clark Subject: RE: Delgado v. Commerce - Wendy Williams Thanks. Plaintiff does not oppose. Mark Lim I Associate Attorney 145 S Spring Street, Suite 400 I Los Angeles, CA 90012 Office: (310) 860-0770 I Facsimile: (310) 860-0771 mlim@sheqerianlaw.com I sheqerianlaw.com SHEGERIAN & ASSOCIATES Pleas,! do not p<"ini: thi;:, r- rnail unle,,s ,,bsolutcly necc;,s;:iry. C0NF!DENTTAL.ITY NOTICE: This comrnunic1t1on and ;1ny r1crnmp,inyin9 docurncnt:(s) ilre privile�1ed <1nd coniidcnt:i,JI ,.ind ,ire ;ntendecl for the sole use of the acldrcsscc(s). H you hav,.) 1·ccdvccl this trar 1srnis•,ion in errn,, you ,H"C ,.,civiseci that ,1ny (Ji:;ciosurc, c:ooyi119, dii.;trihution, or \Iii' ti*iWJ of any action rr, rc-!i,:1no· upon it is c;tri<.\iy p1uhibited. Moreover, any r;ucil irwdvcrtcnt disclosun: shall not comprnmi•;e or waive the St1cqcrian LZNJ client privile9e c1•; to lhi•, c:ornmunlcalion or other-wise. If you have receivccl this 1:01T1rrnw1ic:al:io11 ir•r error, please 11111ncc:li,'1lely ddete it ;:me! co11tacl us at priv,icy/i::,heqcrianlaw.corn or by telephone at (3.lO) 860-0/70. Tli;:mk you. From: Ted Bacon Sent: Wednesday, March 4, 2020 5:09 PM To: Mark Lim Cc: Jacob M. Clark Subject: RE: Delgado v. Commerce - Wendy Williams Importance: High Hi Mark Just a confirmation that we will present the attached stip as a part of an ex parte motion to kick the trial on Friday March 6, 2020 at 8:30am in D 51. LA Superior, 111 N. Hill Street. The motion will advise the Court that it is unopposed. Thanks Ted THEODORE E. BACON l EQUITY SHAREHOLDER 2 5 ALVARADOSMITHt 633 W. Fifth Street, Suite 900 Los Angeles, CA 90071 T: 213.229.2400 F: 213.229 .2499 tbacon@alvaradosmith.corn NOTICE OF STRICT CONFIDENTIALITY. This transmission constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message, together with any attachments. This communication, including its attachments, may contain confidential and privileged material for the sole use of the intended individual or entity recipient, and receipt by any party other than the intended recipient does not constitute a loss of the 1 confidential or prlvlleged nature of the communication. Any review or distribution by others is strictly prohibited. If you ore not the Intended recipient, you are hereby notified that any dissemination, distribution, or copying of this message, or any attachment, is strictly prohibited. If you have received this message In error, please notify the original sender Immediately by telephone or by return Email, and delete this message along with any attachments from your computer. 2 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and not a party to the within action. My business address is ALYARADOSMITH, 633 W. ·Fifth 4 Street, Suite 900, Los Angeles, CA 90071. 5 On March 5, 2020, I served the foregoing document(s) described as: 6 EX PARTE APPLICATION FOR AN ORDER TO CONTINUE THE TRIAL DATE 7- 14 DAYS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION 7 OF THEODORE E. BACON IN SUPPORT 8 on the interested parties in this action. 9 � by placing the original and/or a true copy thereof enclosed in (a) sealed envelope(s), addressed as follows: IO SEE ATTACHED SERVICE LIST 11 � BY REGULAR MAIL: I deposited such envelope in the mail at 633 W. Fifth Street, Los z 0 12 Angeles, California 90071. The envelope was mailed with postage thereon fully prepaid. I :I: -< am "readily familiar" with this firm's practice of collecting and processing correspondence « f-< - 0 13 for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course 2.,« V, {/l u O UJ ..J of business. I am aware that on motion of party served, service is presumed invalid if postal 0 Cl .., � < �< UJ 14 cancellation date or postage meter date is more than 1 day after date of deposit for mailing in < -o ix: 0 V, affidavit. > 15 ,-l � .....:i 15 <� ..-l "' -< 16 17 18 19 20 21 22 23 24 25 26 27 28 Delgado v. California Commerce Club, et al. PROOF OF SERVICE LASC Case No. BC586727 4629228.1 •• B6 l 96.3