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SUPERIOR COURT 0F CALIFORNIA
LAW OFFICES OF GARBER, AV AND DUNCAN COUNTYCafifsnglEgfi‘ARD'NO
Sandra K. Brislin, State Bar N0.: 105221
Mailing: P.O. Box 7218 Fug“)! 1 5 2322
London, KY 40742
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Tel: 619-744-6800; Fax: 603-334-7089
Sandra.Brislin@LibertyMutual.com
By:
&@lm M ggd3
s ephanie Reed, Deputy
Attorneys for Defendants, CLS LANDSCAPING MANAGEMENT, INC. and JOSE JUAN
ESPINOZA GONZALEZ
SUPERIOR COURT OF CALIFORNIA
\DOONQ
COUNTY OF SAN BERNARDINO — SAN BERNARDINO BRANCH
10 DIEGO CONRADO, Case No.: CIVDSl723453
Complaint Filed: November 29, 2017
11 Plaintiff, Judge: Honorable Brian S. McCarville
Dept: S30
12
vs.
13 EX PARTE APPLICATION FOR
CLS LANDSCAPING MANAGEMENT, INC,
Efiyggggglgg‘é figNEY
14 GONZALEZ and DOES
{?EEJSIASIE @3513ng JUDGMENT; MEMORANDUM 0F
15
’ ’
POINTS AND AUTHORITIES;
DECLARATION OF SANDRA K.
16
Defendants. BRISLIN; [PROPOSED] ORDER
17 [CODE CIV. PROC., § 918]
18 Date: May 17, 2022
Time: 8:30 a.m. 3i 1F
19 Dept.: 830 2%,
I
‘25:.)
20 VJ;
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21
22
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
23
PLEASE TAKE NOTICE THAT on May 17, 2022, 2022 at 8:30 a.m., 0r as soon
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thereafter as the matter may heard, in Department S30 of the above entitled Court located at 247
25
West Third Street, San Bemardino, CA 9241, Defendants CLS LANDSCAPING
27
MANAGEMENT, INC. and JOSE JUAN ESPINOZA GONZALEZ (“Defendants”) will, and
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hereby do, apply ex pane pursuant to Code of Civil Procedure section 918 for a temporary stay
0f enforcement of the judgment entered 0n May 10, 2022 in favor of Plaintiff Diego Conrado
EX PARTE APPLICATION FOR TEMPORARY STAY 0F ENFORCEMENT OF JUDGMENT
(“Plaintiff”). Defendants request that the stay remain in effect for the statutory period, that is,
until ten (10) days after the last date on which a notice of appeal may be filed.
The stay should be entered t0 allow Defendants t0 demonstrate that the May 10, 2022
must be vacated as in excess of this Court’s jurisdiction because (1) it includes a $500,000
attorney fee award under Code of Civil Procedure section 2033.420, which is the subject of an
appeal currently pending in the Fourth District Court of Appeal, Division Two, N0. E078747;
and (2) this Court has not yet ruled on Defendants’ motion for costs pursuant to Code 0f Civil
\DOONO‘x
Procedure section 998, the outcome of which will determine the amount of any judgment, and
which party is deemed the prevailing party. The requested stay will prevent any attempted
10 enforcement of an improper judgment. It also will give this Court time to resolve Defendants’
11 forthcoming post—judgment motions t0 vacate the judgment and for new trial.
12 Counsel for Plaintiff has been notified of this application and the hearing date and time in
13 conformity With California Rules 0f Court, rules 3. 1200, et seq. (See Declaration of Sandra K.
14 Brislin, 1] 5.)
15 This application is based upon this notice, the accompanying memorandum of points and
16 authorities, the declaration of Sandra K. Brislin, and all of pleadings, papers, the records on file
17 in this action.
18
Dated: May 13, 2022 Respectfully submitted,
19
20 LAW OFFICES OF GARBER, AV AND DUNCAN
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22
23
By: {7:}: xfmafég WU
Sandra K. Brislin
24 Attorneys for Defendants
CLS LANDSCAPING MANAGEMENT, INC.
25 and JOSE JUAN ESPINOZA GONZALEZ
27
28
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF MOTION T0 SET ASIDE/VACATE THE JUDGMENT
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F LED I SUPERIOR COURT 0F CALIFORNIA LAW OFFICES OF GARBER, AV AND DUNCAN COUNTYCafifsnglEgfi‘ARD'NO Sandra K. Brislin, State Bar N0.: 105221 Mailing: P.O. Box 7218 Fug“)! 1 5 2322 London, KY 40742 g‘ Tel: 619-744-6800; Fax: 603-334-7089 Sandra.Brislin@LibertyMutual.com By: &@lm M ggd3 s ephanie Reed, Deputy Attorneys for Defendants, CLS LANDSCAPING MANAGEMENT, INC. and JOSE JUAN ESPINOZA GONZALEZ SUPERIOR COURT OF CALIFORNIA \DOONQ COUNTY OF SAN BERNARDINO — SAN BERNARDINO BRANCH 10 DIEGO CONRADO, Case No.: CIVDSl723453 Complaint Filed: November 29, 2017 11 Plaintiff, Judge: Honorable Brian S. McCarville Dept: S30 12 vs. 13 EX PARTE APPLICATION FOR CLS LANDSCAPING MANAGEMENT, INC, Efiyggggglgg‘é figNEY 14 GONZALEZ and DOES {?EEJSIASIE @3513ng JUDGMENT; MEMORANDUM 0F 15 ’ ’ POINTS AND AUTHORITIES; DECLARATION OF SANDRA K. 16 Defendants. BRISLIN; [PROPOSED] ORDER 17 [CODE CIV. PROC., § 918] 18 Date: May 17, 2022 Time: 8:30 a.m. 3i 1F 19 Dept.: 830 2%, I ‘25:.) 20 VJ; j?) 21 22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 23 PLEASE TAKE NOTICE THAT on May 17, 2022, 2022 at 8:30 a.m., 0r as soon 24 thereafter as the matter may heard, in Department S30 of the above entitled Court located at 247 25 West Third Street, San Bemardino, CA 9241, Defendants CLS LANDSCAPING 27 MANAGEMENT, INC. and JOSE JUAN ESPINOZA GONZALEZ (“Defendants”) will, and 28 hereby do, apply ex pane pursuant to Code of Civil Procedure section 918 for a temporary stay 0f enforcement of the judgment entered 0n May 10, 2022 in favor of Plaintiff Diego Conrado EX PARTE APPLICATION FOR TEMPORARY STAY 0F ENFORCEMENT OF JUDGMENT (“Plaintiff”). Defendants request that the stay remain in effect for the statutory period, that is, until ten (10) days after the last date on which a notice of appeal may be filed. The stay should be entered t0 allow Defendants t0 demonstrate that the May 10, 2022 must be vacated as in excess of this Court’s jurisdiction because (1) it includes a $500,000 attorney fee award under Code of Civil Procedure section 2033.420, which is the subject of an appeal currently pending in the Fourth District Court of Appeal, Division Two, N0. E078747; and (2) this Court has not yet ruled on Defendants’ motion for costs pursuant to Code 0f Civil \DOONO‘x Procedure section 998, the outcome of which will determine the amount of any judgment, and which party is deemed the prevailing party. The requested stay will prevent any attempted 10 enforcement of an improper judgment. It also will give this Court time to resolve Defendants’ 11 forthcoming post—judgment motions t0 vacate the judgment and for new trial. 12 Counsel for Plaintiff has been notified of this application and the hearing date and time in 13 conformity With California Rules 0f Court, rules 3. 1200, et seq. (See Declaration of Sandra K. 14 Brislin, 1] 5.) 15 This application is based upon this notice, the accompanying memorandum of points and 16 authorities, the declaration of Sandra K. Brislin, and all of pleadings, papers, the records on file 17 in this action. 18 Dated: May 13, 2022 Respectfully submitted, 19 20 LAW OFFICES OF GARBER, AV AND DUNCAN 21 22 23 By: {7:}: xfmafég WU Sandra K. Brislin 24 Attorneys for Defendants CLS LANDSCAPING MANAGEMENT, INC. 25 and JOSE JUAN ESPINOZA GONZALEZ 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION T0 SET ASIDE/VACATE THE JUDGMENT