Hearing: DIEGO CONRADO -V- CLS LANDSCAPING Print

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                                1   Christopher B Dolan        Esq     SB1 T 165358
        Aim       E    Kirby   SBN 216909
                                                                                        L                       r
    2   DQLAN LAW FIRM PC                                                 t    ERiOR COURT OF CA ir
                                                                              QUNTY OF SAN EiERN hRDi
        1438 Market Street                                                     nn   FRNaRn Nc          r   ir

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        San Fraucisco California 941Q2
                                                                                                2G7i
q       Tel     415 421 2800
        Fa c     415    421 2830
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        Attorn eys for Plaintiff
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        DIEGO CONRADO

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                                SUPERIOR COURT OF THE STATE OF CALIFORNIA
    8                                        COUNTY OF SAN BERNARDINO
                                            UNLIMITED CIVIL JU ISDICTION
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        DIEGO COI TRADO                                        Case No   CIVDS 1723453
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                                                               Assigned for All Purposes to Dept 30
11                         Plaintiff
                                                               PLAINT           S OPPOSIT ON TO
12         v                                                   DEFENDANT CLS LANDSCAPING
                                                               MANAGEMENT INC S MOTICil T TO
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        CLS LANDSCAPING MANAGEMENT                             CONTINUE TRIAL AND REQUEST
14        C      JOSE JUAN ESPIN JZA                           F CI R SANCTIONS AGAINST CLS
        GONZALEZ          and   DQES 1 50                      LANDSCAPING MANAGEMENT INC
15                                                             IN THE AMOUNT OF              6 500 00
                           Defendants                          Date February 19 2020
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                                                               Time 8 30 a m

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        TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD HEREIN
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                  plaintiffhereby files the following Oppositaon to Defendatrt s Morion ta Cantinu Trial
20      and Request Sanctions in the amount of 6 SQ0 000 against Defendant CLS LANDSCAPING

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               NAGEMENT INC for their irnproper filing ofthe their Ex Parte Motion wl ich contained
    2   several misrepresentations to the Court The sanction request is based an Califomia Ccade of Civil

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        Proce iure Sections 128 5 and 128 7 Specifically Defendants represent d to the Court that they
24      just learned about CRPS claim despite knowing if for over a year and addressing it in their
25      Mediation Brief and their failure to inform the Court that the witness they seek to depose was in

26      the Plaintiffs car and they have known about him since 2016 The only purpose for this request is

27      to harass and annoythe parties along with the Court
                                 MEMORANDUM OF POINTS AND AUTHORITIES
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        PLAYNTIFF S     OPPdSl TIC3Pi TO   M TION T0   CONTINLTE TRLAL
    1         I   FACTUAL SUMMARY

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              This personal injury matter stems from a lugh impact T bone mator vehicle collision which
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        occurred on Janufuy 4 2016 in Chino California at approximately 10 21 a m TwerYty eigt t year
4       old   Plaintiff Diego Conrado            Plaintiff    was seated in the pass nger seat of a 1998 Honda Civic

5       Andxew Mora was the driver ofthe Civic                  Brian Garibaldi was seated in the rear seat The claims

6       of Mora and Garibaldi were settled pre litigadon

              On the date of the collisian lwiora had exited the e stbound St te Raute 60 freeway aff ramp at
        Ce tral Avenue         He     proc   d    to rnake a left tum onto Central Avenue As he entered the
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9       intersection the Civic was violently broadsided on its passenger side by a large 2014 Fc rd Transit

10      Connect Cargo Van which was being driven by Defendant Jose Juan Espinoza Gonz les on

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        northbound C ntral Avetiue At all rele ant times Defendant Espinoza was operating the vehiele
        within the course and scope ofhis employrnent with Defe ndant CLS Landscape Management See
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        Exhibit A         PQlice Report for the subject incident
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              II PR CEDURAL HIST                    RY
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              Plainti     filed his   cornplaint on or axaout   Navember 29 2017 See Exhibit        B   Defendants
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        Answered the Complaint on or about February 19 2017 See Exhibit C Defendants Answer
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        Thereafter the Plaintiff and Defendant exchanged written discovery nd Deptasitions wer taken
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        On August 20 2018 the pa rties went to a private mediation with Mr Chambers As the Court can
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        see the   Defendants knew of the CRPS             claim    before the M   iation as it was discussed at length in
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          e Mediation Briefs See E chibit D Plaintiff s antl Defendant s M iiation Brief relevatit
20      se   tions   Further both parties designate ci a CRPS expert on their designation which shows this

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        was not som surprise injury clairn See Exhibit E relevant portions of Plaantifes an I
22      Defendants Designation

23                The Defendant s gave Plaintiff s counsel notice oftheir Ex Parte th day before the hearing
24      and no attempt at meeting and cc nferring wa made to avoid the four hour round trip af driving it
25      would take for Plainfiiff s counsel to get to San Be nardina or the Court s time in hearing and
    6   reviewing the moving papers See Exhibit F                    Plainti fls Counsel s respons to No Meet and

        Confer           mpt and   defense              s answer
27                atte                       cc unsel
                                                                     Further on the day of the hearing Plaintiffs

2       counsel sent defense counsel the Mediation Briefs and advised defense counsel that this hearing
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        P L A1NTIFF S OPPOSTTION Td Mi TION              TO   CONTINUE TRIAL