Preview
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 California,
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
Attomeys 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, NOTICE OF DEFENDANTS’ EX PARTE
APPLICATION FOR STIPULATED TRIAL
vs. CONTINUANCE
JAKE WEIR, BETTY WEIR, SCOTT WEIR, and
DOES | 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
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on November 8, 2017, at 11:00 a.m., in Department 206 of the
San Francisco Superior Court, located at 400 McAllister Street, San Francisco, California, Defendants
JAKE WEIR, BETTY WEIR, and SCOTT WEIR will seek an ex parte application to continue the trial
pursuant to stipulation.
Plaintiff ALVARO ELVIR RODRIGUEZ, represented by Shawn Ridgell of the Law Offices of
Shawn Ridgell, and Defendants JAKE WEIR, BETTY WEIR, and SCOTT WEIR, represented by Jin Im
of Harrington, Fox, Dubrow & Canter, LLP (collectively, “parties”) have stipulated to continue the
Monday, December 18, 2017 trial date to Monday, June 4, 2018, or the first available date thereafter
available to the Court. (See Exhibit C, the Stipulation signed by parties, attached to the Declaration of
Jin Im.)
AAIHI.5225\Pleadings\Notice of ex parte and trial continuance 1
NOTICE OF DEFENDANTS’ EX PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCEGood cause exists to continue the trial date, as (1) the parties have stipulated to the continuance;
(2) Defense counsel learned for the first time on October 26, 2017 that Plaintiff recently had another right
knee surgery; (3) parties have yet to evaluate any documents pertaining to Plaintiff's recent right knee
surgery and need additional time to complete non-expert and expert discovery; and (4) granting of this
continuance will increase the likelihood that the matter will be resolved by other means without the
necessity for a trial. Therefore, the moving party respectfully requests the court continue the trial to
Monday, June 4, 2018 or a date thereafter available to the Court.
This ex parte application is based on the parties’ stipulation to continue trial; the attached
memorandum of points and authorities; California Rules of Court, Rules 3.1200 to 3.1207 and 3.1332;
the Declaration of Jin Im and exhibits filed concurrently herewith; the pleadings, papers, and records on
file in this action; and on all evidence and argument to be presented to the Court at the hearing on this
Application.
Notice of this ex parte application was provided to Plaintiff's counsel, Shawn Ridgell, Esq. on
November 6, 2017, at 9:15 a.m. via telephone and at about 9:30 a.m. via fax. (See Declaration of Jin Im
at para. 11.) Plaintiffs counsel has stipulated to this trial continuance and will not appear at the ex parte
hearing.
Dated: November 6, 2017 HARRINGTON, FOXX, DUBROW & CANTER, LLP
By: Cet 7 ~f _—
KEV#UI-GRAY
JIN
Attorneys for Defendants
JAKE WEIR, BETTY WEIR, SCOTT WEIR
AAHLS5225\Pleadings\Notice of ex parte and trial continuance 2
NOTICE OF DEFENDANTS’ EX PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCE
Preview
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 California, 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 Attomeys 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, NOTICE OF DEFENDANTS’ EX PARTE APPLICATION FOR STIPULATED TRIAL vs. CONTINUANCE JAKE WEIR, BETTY WEIR, SCOTT WEIR, and DOES | 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 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on November 8, 2017, at 11:00 a.m., in Department 206 of the San Francisco Superior Court, located at 400 McAllister Street, San Francisco, California, Defendants JAKE WEIR, BETTY WEIR, and SCOTT WEIR will seek an ex parte application to continue the trial pursuant to stipulation. Plaintiff ALVARO ELVIR RODRIGUEZ, represented by Shawn Ridgell of the Law Offices of Shawn Ridgell, and Defendants JAKE WEIR, BETTY WEIR, and SCOTT WEIR, represented by Jin Im of Harrington, Fox, Dubrow & Canter, LLP (collectively, “parties”) have stipulated to continue the Monday, December 18, 2017 trial date to Monday, June 4, 2018, or the first available date thereafter available to the Court. (See Exhibit C, the Stipulation signed by parties, attached to the Declaration of Jin Im.) AAIHI.5225\Pleadings\Notice of ex parte and trial continuance 1 NOTICE OF DEFENDANTS’ EX PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCEGood cause exists to continue the trial date, as (1) the parties have stipulated to the continuance; (2) Defense counsel learned for the first time on October 26, 2017 that Plaintiff recently had another right knee surgery; (3) parties have yet to evaluate any documents pertaining to Plaintiff's recent right knee surgery and need additional time to complete non-expert and expert discovery; and (4) granting of this continuance will increase the likelihood that the matter will be resolved by other means without the necessity for a trial. Therefore, the moving party respectfully requests the court continue the trial to Monday, June 4, 2018 or a date thereafter available to the Court. This ex parte application is based on the parties’ stipulation to continue trial; the attached memorandum of points and authorities; California Rules of Court, Rules 3.1200 to 3.1207 and 3.1332; the Declaration of Jin Im and exhibits filed concurrently herewith; the pleadings, papers, and records on file in this action; and on all evidence and argument to be presented to the Court at the hearing on this Application. Notice of this ex parte application was provided to Plaintiff's counsel, Shawn Ridgell, Esq. on November 6, 2017, at 9:15 a.m. via telephone and at about 9:30 a.m. via fax. (See Declaration of Jin Im at para. 11.) Plaintiffs counsel has stipulated to this trial continuance and will not appear at the ex parte hearing. Dated: November 6, 2017 HARRINGTON, FOXX, DUBROW & CANTER, LLP By: Cet 7 ~f _— KEV#UI-GRAY JIN Attorneys for Defendants JAKE WEIR, BETTY WEIR, SCOTT WEIR AAHLS5225\Pleadings\Notice of ex parte and trial continuance 2 NOTICE OF DEFENDANTS’ EX PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCE