Preview
KEVIN J. GRAY, State Bar No. 142685
JIN IM, State Bar No. 266810
HARRINGTON, FOXX, DUBROW & CANTER, LLP “FILED
601 Montgomery Street, Suite 800 7 7 eee
San Francisco, California 94111 A oaniy bf ain Pidncieeo
Telephone: (415) 288-6600
imile: 11/06/2017
Facsimile: (415) 288-6618 Last Of {2 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, DECLARATION OF JIN IM IN SUPPORT OF
DEFENDANTS’ EX PARTE APPLICATION
vs. FOR STIPULATED TRIAL CONTINUANCE
JAKE WEIR, BETTY WEIR, SCOTT WEIR, and DATE: November 8, 2017
DOES 1 to 10, TIME: 11:00 a.m.
DEPT: Presiding Judge Teri L. Jackson, 206
Defendants.
TRIAL DATE: December 18, 2017
COMPLAINT FILED: January 10, 2017
I, JIN IM, declare:
1. I am an attorney at law duly licensed to practice before all courts of the State of California
and an associate with the law firm of HARRINGTON, FOXX, DUBROW & CANTER, LLP and
counsel for Defendants JAKE WEIR, BETTY WEIR, and SCOTT WEIR (“Defendants”) in the above-
captioned matter. All of the matters stated herein are of my own personal knowledge and, if called as a
witness, I would and could testify competently thereto.
2. 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.
3. _ On October 26, 2017, Plaintiffs counsel informed me for the first time that Plaintiff
AAHL5225\Pleadings\decl counsel re ex parte app re trial continuance 1
DECLARATION OF JIN IM IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR
STIPULATED TRIAL CONTINUANCErecently had another right knee surgery. (See a true and correct copy of Plaintiff's October 26, 2017
correspondence attached here as Exhibit A.)
4. On October 30, 2017, Plaintiff's counsel informed me that he is not in possession of any
documents pertaining to Plaintiffs recent right knee surgery, but he believes the surgery occurred at San
Francisco General Hospital. (See a true and correct copy of Plaintiff's October 30, 2017 correspondence
attached here as Exhibit B.)
5. 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.
6. All parties to this matter have stipulated to continue the trial date in this matter. (A true
and correct copy of the signed Stipulation is attached here as Exhibit C.) 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.
7. Discovery is continuing and parties will negotiate settlement in good faith. The granting
of this requested trial continuance will increase the likelihood that the matter will be resolved by other
means without the necessity for a trial, which would likely have a positive impact on the Court’s calendar
and pending trials.
8. No prior requests for a continuance of the trial date has been made.
9. Counsel for the moving party is informed and believes that neither the parties nor any
potential witnesses will suffer any prejudice as a result of the granting of the requested continuance.
10. The parties have reached an agreement about the timing of pre-trial deadlines. The parties
have agreed that all pretrial deadlines will correspond to the new trial date of June 4, 2018.
11. Notice of this ex parte was provided on November 6, 2017, to Plaintiff's counsel, Shawn
Ridgell, Esq. at 9:15 a.m. via telephone and about 9:30 a.m. via fax. Plaintiff ‘s counsel will not appear
at the hearing to contest this ex parte application based on the stipulation.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
AAHI5225\Pleadings\decl counsel re ex parte app re trial continuance 2
DECLARATION OF JIN IM IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR
STIPULATED TRIAL CONTINUANCEThis Declaration was executed in San Francisco, California on this & the day of November in
2017. ct
7 IN IM
AAHLS5225\Pleadings\decl counsel re ex parte app re trial continuance 3
DECLARATION OF JIN IM IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR
STIPULATED TRIAL CONTINUANCEEXHIBIT ALAW OFFICES OF SHAWN RIDGELL
2128 BROADWAY
OAKLAND, CALIFORNIA 94612
SHAWN RIDGELL. VELEPHONE
($10) 986-1300
FACSIMILE,
(510) 986-1301
VIA FACSIMILE & U.S. MAIL
October 26, 2017
Kevin J. Gray, Esq.
Jin Im, Esq
Harrington, Foxx, Dubrow & Canter LLP
601 Montgomery Street, Suite 800
San Francisco, CA 94111
Re: Rodriguez v. Weir
Case No.: CGC-17-556326
Your Claim No.: 1928417
Dear Counsel:
Upon further review of this matter, I believe that it would be wise to go ahead and
stipulate to continue the trial in this matter until June 4 2018, Mr. Rodriguez has recently
had another surgery on his right knee, and more discovery is needed in this mater.
Enclosed, please find the signed stipulation. Thank you for your attention to this matter.
Sincerely,
SP” OF
Shawn Ridgell
SR:rEXHIBIT BLAW OFFICES OF SHAWN RIDGELL
2128 BROADWAY
OAKLAND, CALIFORNIA 94612
SHAWN RIDGELL TELEPHONE
(510) 986-1300
FACSIMILE
(510) 986-1301
VIA FACSIMILE & U.S. MAIL
October 30, 2017
Kevin J. Gray, Esq.
Jin Im, Esq
Harrington, Foxx, Dubrow & Canter LLP
601 Monigomery Street, Suite 800
San Francisco, CA 94111
Re: Rodriguez v. Weir
Case No.: CGC-17-556326
Your Claim No,; | 1928417
Dear Counsel:
This is written in response to your letter dated October 30, 2017. The documents
pertaining to Mr. Rodriguez’s surgery are currently not in my possession. J will provide
you with the name, address, and phone number for the medical provider who performed
the surgery. I believe he underwent surgery at San Francisco General Hospital, but J will
need to confirm.
Please provide us with dates to reschedule Mr. Rodriguez’s deposition to early January,
2018. This will confirm that Mr. Rodriguez’s November 1, 2017 deposition date is now
off calendar. Thank you for your attention to this matter.
Sincerely,
Shawn Ridgell
SR: rEXHIBIT Cow eo NY A Oh hw De
A Ww BW NH
17
KEVIN J. GRAY, State Bar No. 142685
JIN IM, State Bar No, 266810
HARRINGTON, FOXX, DUBROW & CANTER, LLP
601 Montgomery Street, Suite 800
San Francisco, California 94111
Tel: (415) 288-6600
Fax: (415) 288-6618
Attorneys for Defendants
JAKE WEIR, SCOTT WEIR, and BETTY WEIR
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
ALVARO ELVIR RODRIGUEZ, Case No, CGC-17-556326
Plaintiff,
vs. STIPULATION TO CONTINUE TRIAL
JAKE WEIR, BETTY WEIR, SCOTT
WEIR, and DOES | to 10, TRIAL DATE: December 18, 2017
Defendants. COMPLAINT FILED: January 10, 2017
Plaintiff ALVARO ELVIR RODRIGUEZ (“Plaintiff”) and Defendants JAKE WEIR,
SCOTT WEIR, and BETTY WEIR (“Defendants”) through their attorneys of record hereby
stipulate to a trial continuance. Good cause exists for the trial continuance as follows:
1. Parties have commenced discovery and anticipate extensive written and expert
discovery is required prior to trial. Plaintiff's deposition is sct for November 1, 2017 and parties
have yet to conduct any expert discovery.
2. The current trial date is Monday, December 18, 2017. Parties will not have
sufficient time to conclude extensive non-expert and expert discovery by December 2018.
3. Good cause exists to continue the current December 18, 2017 trial date in this
action because parties will need extensive time to conduct and complete discovery in preparation
for trial.
4. Based on the above, parties have agreed to continue the current December 18,
AAHI5225\Stipulation to Continue Trial to June 2018 12017 trial date. The parties request that the Court continue the trial to Monday, June 4,
2018 with all pretrial deadlines to correspond to the new trial date.
5: No prior continuance of the trial date was made in this action.
6. Granting of the requested continuance will increase the likelihood that the matter
will be resolved by other means without the necessity for a trial, which would likely have a
positive impact on the Court’s calendar and pending trials.
7. Counsel for Plaintiff and Defendants are informed and believe that the parties and
any potential witnesses will not suffer any prejudice as a result of the granting of the requested
continuance.
IT IS SO STIPULATED.
patep: /of 26(17 LAW OFFICE OF SHAWN RIDGELL
py Pr FE Hy
Shawn Ridgell
Attorneys for Plaintiff ALVARO ELVIR
RODRIGUEZ
DATED: ve fre | ¥ HARRINGTON, FOXX, DUBROW &
( CANTER, LLP
By:
vinJ. Gray
‘orneys for Defendants JAKE WEIR,
SCOTT WEIR, and BETTY WEIR
AAWIS225\Suipulation to Continae Trial to June 2018 2
Preview
KEVIN J. GRAY, State Bar No. 142685 JIN IM, State Bar No. 266810 HARRINGTON, FOXX, DUBROW & CANTER, LLP “FILED 601 Montgomery Street, Suite 800 7 7 eee San Francisco, California 94111 A oaniy bf ain Pidncieeo Telephone: (415) 288-6600 imile: 11/06/2017 Facsimile: (415) 288-6618 Last Of {2 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, DECLARATION OF JIN IM IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION vs. FOR STIPULATED TRIAL CONTINUANCE JAKE WEIR, BETTY WEIR, SCOTT WEIR, and DATE: November 8, 2017 DOES 1 to 10, TIME: 11:00 a.m. DEPT: Presiding Judge Teri L. Jackson, 206 Defendants. TRIAL DATE: December 18, 2017 COMPLAINT FILED: January 10, 2017 I, JIN IM, declare: 1. I am an attorney at law duly licensed to practice before all courts of the State of California and an associate with the law firm of HARRINGTON, FOXX, DUBROW & CANTER, LLP and counsel for Defendants JAKE WEIR, BETTY WEIR, and SCOTT WEIR (“Defendants”) in the above- captioned matter. All of the matters stated herein are of my own personal knowledge and, if called as a witness, I would and could testify competently thereto. 2. 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. 3. _ On October 26, 2017, Plaintiffs counsel informed me for the first time that Plaintiff AAHL5225\Pleadings\decl counsel re ex parte app re trial continuance 1 DECLARATION OF JIN IM IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCErecently had another right knee surgery. (See a true and correct copy of Plaintiff's October 26, 2017 correspondence attached here as Exhibit A.) 4. On October 30, 2017, Plaintiff's counsel informed me that he is not in possession of any documents pertaining to Plaintiffs recent right knee surgery, but he believes the surgery occurred at San Francisco General Hospital. (See a true and correct copy of Plaintiff's October 30, 2017 correspondence attached here as Exhibit B.) 5. 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. 6. All parties to this matter have stipulated to continue the trial date in this matter. (A true and correct copy of the signed Stipulation is attached here as Exhibit C.) 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. 7. Discovery is continuing and parties will negotiate settlement in good faith. The granting of this requested trial continuance will increase the likelihood that the matter will be resolved by other means without the necessity for a trial, which would likely have a positive impact on the Court’s calendar and pending trials. 8. No prior requests for a continuance of the trial date has been made. 9. Counsel for the moving party is informed and believes that neither the parties nor any potential witnesses will suffer any prejudice as a result of the granting of the requested continuance. 10. The parties have reached an agreement about the timing of pre-trial deadlines. The parties have agreed that all pretrial deadlines will correspond to the new trial date of June 4, 2018. 11. Notice of this ex parte was provided on November 6, 2017, to Plaintiff's counsel, Shawn Ridgell, Esq. at 9:15 a.m. via telephone and about 9:30 a.m. via fax. Plaintiff ‘s counsel will not appear at the hearing to contest this ex parte application based on the stipulation. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. AAHI5225\Pleadings\decl counsel re ex parte app re trial continuance 2 DECLARATION OF JIN IM IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCEThis Declaration was executed in San Francisco, California on this & the day of November in 2017. ct 7 IN IM AAHLS5225\Pleadings\decl counsel re ex parte app re trial continuance 3 DECLARATION OF JIN IM IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCEEXHIBIT ALAW OFFICES OF SHAWN RIDGELL 2128 BROADWAY OAKLAND, CALIFORNIA 94612 SHAWN RIDGELL. VELEPHONE ($10) 986-1300 FACSIMILE, (510) 986-1301 VIA FACSIMILE & U.S. MAIL October 26, 2017 Kevin J. Gray, Esq. Jin Im, Esq Harrington, Foxx, Dubrow & Canter LLP 601 Montgomery Street, Suite 800 San Francisco, CA 94111 Re: Rodriguez v. Weir Case No.: CGC-17-556326 Your Claim No.: 1928417 Dear Counsel: Upon further review of this matter, I believe that it would be wise to go ahead and stipulate to continue the trial in this matter until June 4 2018, Mr. Rodriguez has recently had another surgery on his right knee, and more discovery is needed in this mater. Enclosed, please find the signed stipulation. Thank you for your attention to this matter. Sincerely, SP” OF Shawn Ridgell SR:rEXHIBIT BLAW OFFICES OF SHAWN RIDGELL 2128 BROADWAY OAKLAND, CALIFORNIA 94612 SHAWN RIDGELL TELEPHONE (510) 986-1300 FACSIMILE (510) 986-1301 VIA FACSIMILE & U.S. MAIL October 30, 2017 Kevin J. Gray, Esq. Jin Im, Esq Harrington, Foxx, Dubrow & Canter LLP 601 Monigomery Street, Suite 800 San Francisco, CA 94111 Re: Rodriguez v. Weir Case No.: CGC-17-556326 Your Claim No,; | 1928417 Dear Counsel: This is written in response to your letter dated October 30, 2017. The documents pertaining to Mr. Rodriguez’s surgery are currently not in my possession. J will provide you with the name, address, and phone number for the medical provider who performed the surgery. I believe he underwent surgery at San Francisco General Hospital, but J will need to confirm. Please provide us with dates to reschedule Mr. Rodriguez’s deposition to early January, 2018. This will confirm that Mr. Rodriguez’s November 1, 2017 deposition date is now off calendar. Thank you for your attention to this matter. Sincerely, Shawn Ridgell SR: rEXHIBIT Cow eo NY A Oh hw De A Ww BW NH 17 KEVIN J. GRAY, State Bar No. 142685 JIN IM, State Bar No, 266810 HARRINGTON, FOXX, DUBROW & CANTER, LLP 601 Montgomery Street, Suite 800 San Francisco, California 94111 Tel: (415) 288-6600 Fax: (415) 288-6618 Attorneys for Defendants JAKE WEIR, SCOTT WEIR, and BETTY WEIR SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO ALVARO ELVIR RODRIGUEZ, Case No, CGC-17-556326 Plaintiff, vs. STIPULATION TO CONTINUE TRIAL JAKE WEIR, BETTY WEIR, SCOTT WEIR, and DOES | to 10, TRIAL DATE: December 18, 2017 Defendants. COMPLAINT FILED: January 10, 2017 Plaintiff ALVARO ELVIR RODRIGUEZ (“Plaintiff”) and Defendants JAKE WEIR, SCOTT WEIR, and BETTY WEIR (“Defendants”) through their attorneys of record hereby stipulate to a trial continuance. Good cause exists for the trial continuance as follows: 1. Parties have commenced discovery and anticipate extensive written and expert discovery is required prior to trial. Plaintiff's deposition is sct for November 1, 2017 and parties have yet to conduct any expert discovery. 2. The current trial date is Monday, December 18, 2017. Parties will not have sufficient time to conclude extensive non-expert and expert discovery by December 2018. 3. Good cause exists to continue the current December 18, 2017 trial date in this action because parties will need extensive time to conduct and complete discovery in preparation for trial. 4. Based on the above, parties have agreed to continue the current December 18, AAHI5225\Stipulation to Continue Trial to June 2018 12017 trial date. The parties request that the Court continue the trial to Monday, June 4, 2018 with all pretrial deadlines to correspond to the new trial date. 5: No prior continuance of the trial date was made in this action. 6. Granting of the requested continuance will increase the likelihood that the matter will be resolved by other means without the necessity for a trial, which would likely have a positive impact on the Court’s calendar and pending trials. 7. Counsel for Plaintiff and Defendants are informed and believe that the parties and any potential witnesses will not suffer any prejudice as a result of the granting of the requested continuance. IT IS SO STIPULATED. patep: /of 26(17 LAW OFFICE OF SHAWN RIDGELL py Pr FE Hy Shawn Ridgell Attorneys for Plaintiff ALVARO ELVIR RODRIGUEZ DATED: ve fre | ¥ HARRINGTON, FOXX, DUBROW & ( CANTER, LLP By: vinJ. Gray ‘orneys for Defendants JAKE WEIR, SCOTT WEIR, and BETTY WEIR AAWIS225\Suipulation to Continae Trial to June 2018 2