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KEVIN J. GRAY, State Bar No. 142685
JIN IM, State Bar No. 266810 ELECTRONICALLY
HARRINGTON, FOXX, DUBROW & CANTER, LLP FILED
601 Montgomery Street, Suite 800 Superior Court of Catifornia,
San Francisco, California 94111 County of San Francisco
Telephone: (415) 288-6600 11/06/2017
Facsimile: (415) 288-6618 Clerk of the Court
BY:BOWMAN LIU
Deputy Clerk
Attorneys for Defendants
JAKE WEIR, BETTY WEIR, SCOTT WEIR
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
ALVARO ELVIR RODRIGUEZ, Case No. CGC-17-556326
Plaintiff, MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
vs. DEFENDANTS’ EX PARTE APPLICATION
FOR STIPULATED TRIAL CONTINUANCE
JAKE WEIR, BETTY WEIR, SCOTT WEIR, and
DOES 1 to 10, DATE: November 8, 2017
TIME: 11:00 a.m.
Defendants. DEPT: Presiding Judge Teri L. Jackson, 206
TRIAL DATE: December 18, 2017
COMPLAINT FILED: January 10, 2017
Pursuant to Local Rule 6.0 and Rule 3.1332(c) and (d) of the California Rules of Court,
Defendants JAKE WEIR, BETTY WEIR, and SCOTT WEIR (“Defendants”) hereby submit this
application for court approval of a continuance of the trial date. Good cause exists for the brief stipulated
continuance as set forth.
I. INTRODUCTION
This is a bodily injury incident that occurred on January 24, 2015 due to a motor vehicle accident
in San Francisco, CA. Plaintiff ALVARO ELVIR RODRIGUEZ (“Plaintiff”) filed his complaint on
January 10, 2017. He alleges he sustained various injuries including a right knee injury.
On October 26, 2017, Plaintiffs counsel informed defense counsel for the first time that Plaintiff
recently had another right knee surgery. (See Plaintiff's October 26, 2017 correspondence attached here
AAHI.5225\Pleadings\Memorandum iso ex parte app for trial cont 1
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ EX PARTE.
APPLICATION FOR STIPULATED TRIAL CONTINUANCEas Exhibit A to Declaration of Jin Im, “Im Decl.”)
Further, on October 30, 2017, Plaintiff's counsel informed defense counsel that he is not in
possession of any documents pertaining to Plaintiff's recent right knee surgery, but he believes the
surgery occurred at San Francisco General Hospital. (See Plaintiff's October 30, 2017 correspondence
attached here as Exhibit B to Im Decl.)
Therefore, Parties have yet to conduct any discovery about Plaintiff's recent right knee surgery
and require additional time to evaluate Plaintiff's medical records and bills, then consult with expert
witnesses about causation prior to trial. All parties to this matter have stipulated to continue the trial date
in this matter. (See Stipulation attached as Exhibit C to Im Decl.) The parties respectfully request the
current trial date of Monday, December 18, 2017 be continued to Monday, June 4, 2018 or the first
available day thereafter that is available to the Court.
Ik. FACTORS FAVOR A CONTINUANCE OF THE TRIAL DATE
Regarding trial continuance, Rule 3.1332(d) of the California Rules of Court states:
In ruling on a motion or application for continuance, the court must
consider all the facts and circumstances that are relevant to the
determination. These may include:
(1) The proximity of the trial date;
(2) Whether there was any previous continuance, extension of time, or
delay of trial due to any party;
(3) The length of the continuance requested;
(4) The availability of alternative means to address the problem that
gave rise to the motion or application for a continuance;
(5) The prejudice that parties or witnesses will suffer as a result of the
continuance;
(6) If the case is entitled to a preferential trial setting, the reasons for
that status and whether the need for a continuance outweighs the
need to avoid delay;
(7) The court’s calendar and the impact of granting a continuance on
other pending trials;
(8) Whether trial counsel is engaged in another trial;
AAHIS5225\Pleadings\Memorandum iso ex parte app for trial cont 2
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS?’ EX PARTE
APPLICATION FOR STIPULATED TRIAL CONTINUANCE(9) Whether all parties have stipulated to a continuance;
(10) Whether the interests of justice are best served by a continuance, by
the trial of the matter, or by imposing conditions on the
continuance; and
(11) Any other fact or circumstance relevant to the fair determination of the
motion or application.
Although the stipulation of all parties to the requested continuance may be sufficient by itself to
support this application and the granting of the request for a trial continuance, the parties’ request is
based on good cause. Per Rule 3.1223 of the California Rule of Court, “each request for a continuance
must be considered on its own merits. The court may grant a continuance only on an affirmative
showing of good cause requiring the continuance.” Good cause for this trial continuance exists so that
the interests of justice may be served by allowing parties to conduct expert and non-expert discovery
about Plaintiff's recent right knee surgery. Defense counsel learned of this recent surgery for the first
time on October 26, 2017. Parties have not yet had the opportunity to review Plaintiff's documents
pertaining to his knee surgery, including his medical records and bills. Further, parties have yet to
conduct any expert discovery about whether the January 2015 motor vehicle accident in fact caused the
need for Plaintiffs recent right knee surgery. Therefore, good cause exists to continue the trial for a
short time to allow parties to conclude discovery and prepare for trial. This is parties’ first trial
continuance request.
Ill. CONCLUSION
Based on the above, good cause exists to continue the current December 18, 2017 trial date to
Monday, June 4, 2018 (or a date thereafter available to the court). The stipulation signed by all parties
supports a ruling in favor of granting the trial continuance. Thus, Defendants respectfully request the
Court sign the order granting a short trial continuance to Monday, June 4, 2018.
Dated: November 6, 2017 HARRINGTON, FOXX, DUBROW & CANTER, LLP
Attorneys for Defendants
JAKE WEIR, BETTY WEIR, SCOTT WEIR
AAHI,5225\Pleadings\Memorandum iso ex parte app for trial cont 3
~~ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ EX PARTE
APPLICATION FOR STIPULATED TRIAL CONTINUANCE
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KEVIN J. GRAY, State Bar No. 142685 JIN IM, State Bar No. 266810 ELECTRONICALLY HARRINGTON, FOXX, DUBROW & CANTER, LLP FILED 601 Montgomery Street, Suite 800 Superior Court of Catifornia, San Francisco, California 94111 County of San Francisco Telephone: (415) 288-6600 11/06/2017 Facsimile: (415) 288-6618 Clerk of the Court BY:BOWMAN LIU Deputy Clerk Attorneys for Defendants JAKE WEIR, BETTY WEIR, SCOTT WEIR IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ALVARO ELVIR RODRIGUEZ, Case No. CGC-17-556326 Plaintiff, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF vs. DEFENDANTS’ EX PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCE JAKE WEIR, BETTY WEIR, SCOTT WEIR, and DOES 1 to 10, DATE: November 8, 2017 TIME: 11:00 a.m. Defendants. DEPT: Presiding Judge Teri L. Jackson, 206 TRIAL DATE: December 18, 2017 COMPLAINT FILED: January 10, 2017 Pursuant to Local Rule 6.0 and Rule 3.1332(c) and (d) of the California Rules of Court, Defendants JAKE WEIR, BETTY WEIR, and SCOTT WEIR (“Defendants”) hereby submit this application for court approval of a continuance of the trial date. Good cause exists for the brief stipulated continuance as set forth. I. INTRODUCTION This is a bodily injury incident that occurred on January 24, 2015 due to a motor vehicle accident in San Francisco, CA. Plaintiff ALVARO ELVIR RODRIGUEZ (“Plaintiff”) filed his complaint on January 10, 2017. He alleges he sustained various injuries including a right knee injury. On October 26, 2017, Plaintiffs counsel informed defense counsel for the first time that Plaintiff recently had another right knee surgery. (See Plaintiff's October 26, 2017 correspondence attached here AAHI.5225\Pleadings\Memorandum iso ex parte app for trial cont 1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ EX PARTE. APPLICATION FOR STIPULATED TRIAL CONTINUANCEas Exhibit A to Declaration of Jin Im, “Im Decl.”) Further, on October 30, 2017, Plaintiff's counsel informed defense counsel that he is not in possession of any documents pertaining to Plaintiff's recent right knee surgery, but he believes the surgery occurred at San Francisco General Hospital. (See Plaintiff's October 30, 2017 correspondence attached here as Exhibit B to Im Decl.) Therefore, Parties have yet to conduct any discovery about Plaintiff's recent right knee surgery and require additional time to evaluate Plaintiff's medical records and bills, then consult with expert witnesses about causation prior to trial. All parties to this matter have stipulated to continue the trial date in this matter. (See Stipulation attached as Exhibit C to Im Decl.) The parties respectfully request the current trial date of Monday, December 18, 2017 be continued to Monday, June 4, 2018 or the first available day thereafter that is available to the Court. Ik. FACTORS FAVOR A CONTINUANCE OF THE TRIAL DATE Regarding trial continuance, Rule 3.1332(d) of the California Rules of Court states: In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. These may include: (1) The proximity of the trial date; (2) Whether there was any previous continuance, extension of time, or delay of trial due to any party; (3) The length of the continuance requested; (4) The availability of alternative means to address the problem that gave rise to the motion or application for a continuance; (5) The prejudice that parties or witnesses will suffer as a result of the continuance; (6) If the case is entitled to a preferential trial setting, the reasons for that status and whether the need for a continuance outweighs the need to avoid delay; (7) The court’s calendar and the impact of granting a continuance on other pending trials; (8) Whether trial counsel is engaged in another trial; AAHIS5225\Pleadings\Memorandum iso ex parte app for trial cont 2 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS?’ EX PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCE(9) Whether all parties have stipulated to a continuance; (10) Whether the interests of justice are best served by a continuance, by the trial of the matter, or by imposing conditions on the continuance; and (11) Any other fact or circumstance relevant to the fair determination of the motion or application. Although the stipulation of all parties to the requested continuance may be sufficient by itself to support this application and the granting of the request for a trial continuance, the parties’ request is based on good cause. Per Rule 3.1223 of the California Rule of Court, “each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” Good cause for this trial continuance exists so that the interests of justice may be served by allowing parties to conduct expert and non-expert discovery about Plaintiff's recent right knee surgery. Defense counsel learned of this recent surgery for the first time on October 26, 2017. Parties have not yet had the opportunity to review Plaintiff's documents pertaining to his knee surgery, including his medical records and bills. Further, parties have yet to conduct any expert discovery about whether the January 2015 motor vehicle accident in fact caused the need for Plaintiffs recent right knee surgery. Therefore, good cause exists to continue the trial for a short time to allow parties to conclude discovery and prepare for trial. This is parties’ first trial continuance request. Ill. CONCLUSION Based on the above, good cause exists to continue the current December 18, 2017 trial date to Monday, June 4, 2018 (or a date thereafter available to the court). The stipulation signed by all parties supports a ruling in favor of granting the trial continuance. Thus, Defendants respectfully request the Court sign the order granting a short trial continuance to Monday, June 4, 2018. Dated: November 6, 2017 HARRINGTON, FOXX, DUBROW & CANTER, LLP Attorneys for Defendants JAKE WEIR, BETTY WEIR, SCOTT WEIR AAHI,5225\Pleadings\Memorandum iso ex parte app for trial cont 3 ~~ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCE