On March 18, 2019 a
Motion-Secondary
was filed
involving a dispute between
M.D.L.F.,
and
Arrowood, Cindy,
Does 1 Through 10, Inclusive,
Fisher, Diana,
Morongo Unified School District, A Government Entity,
for Personal Injury Non-Motor Vehicle Unlimited
in the District Court of San Bernardino County.
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MARTIN & MARTIN, LLP
ORIGINAL
JANET A. ARIZA, ESQ. (SBN: 144629)
JARIZA@MARTIN-MARTIN.COM
LAURA M. FIELDS, ESQ. (SBN: 132427)
LFIELDS(£DMARTlN-MARTIN.COM
3530 WILSHIRE BOULEVARD, SUITE 670 FILING FEE E
LOS ANGELES, CALIFORNIA 90010 TO Gommmjggsgfair
COUNTY OF SAN BERNA DINO
TELEPHONE: (213) 388-4747 SAN EERNARDINO DISTR!CT
FACSIMILE: (213) 388-6655
FEB 08 2021
ATTORNEY FOR DEFENDANTS
MORONGO UNIFIED SCHOOL DISTRICT, BY ‘
‘
CINDY ARROWOOD, AND DIANA FISHER GLORIA MARIN. DEPUTY
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
12 M.D.L.F. (A MINOR) BY AND THROUGH CASE No.2 CIV DSI908236
HIS GUARDIAN AD LITEM, MELFNDA [Hon. Lynn Poncin, Dept. $28]
13
FIELDS,
Plaintiff,
DEFENDANTS’ REPLY TO
14 PLAINTIFF M.D.L.F.’S OPPOSITION
VS.
TO DEFENDANTS’ SECOND
DEMURRER
MORONGO UNIFIED SCHOOL DISTRICT, a TO THE THIRD AMENDED
government entity; CINDY ARROWOOD, an COMPLAINT; MEMORANDUM OF
individual; DIANA FISHER, an individual; POINTS AND AUTHORITIES IN
AND DOES THROUGH
1 10, INCLUSIVE, SUPPORT THEREOF
Defendant DATE: February 17, 2021
TIME: 9:00 A.M.
20
A8
DEPT.: $28
21
Complaint Filed: March 18, 2019
XVd
22 Trial Date: November 15, 2021
23
24
COMES NOW Defendants CINDY ARROWOOD and DIANA FISHER in Reply t0 the
25
Opposition by PlaintiffM.D.L.F., a minor by and through his Guardian MELINDA FIELDS, t0
26
27 Defendant’s Second Demurrer the Third Amended Complaint (TAC), as follows:
28
I. INTRODUCTION
In addition t0 Defendants’ Reply to Plaintiff’s Opposition to Defendants’ Second Demurrer to
TAC, Defendants ARROWOOD and FISHER have concurrently filed a Notice of Untimely
Opposition to Defendants’ Demurrer.
Plaintiff’s opposition papers to Defendants’ Demurrer were served on this Count and
Defendants on Februagy 4, 2021. Defendants ARROWOOD and FISHER respectfully ask this
Court to take Judicial Notice of the fact that February 12, 2021 and February 15,
2021 are Court
severed no later than
Holidays. Accordingly, Plaintiff’s Opposition should have been filed and
Februagy 2, 2021, to be considered timely. Defendants ARROWOOD and FISHER humbly ask
ll
this Court to disregard Plaintiff’s Opposition to Defendants’ Demurer as the same was NOT
12
this Court.
timely served and therefore the contents, therein, should not be considered by
l4
15
If this Court is inclined to disregard Plaintiff’s fatal error, Defendants ask this Court to consider
16
the merits 0f this Reply to Plaintiff’s Opposition as set forth below.
17
18
19 CASE PROCEDURAL HISTORY
20 of the current version of Plaintiff’s complaint.
To date, there have been n0 less than six iterations
21
Plaintifffiled the First Complaint (FC) on March 18, 2019. Due to various problematic issues
22
parties’ stipulation, Plaintiff filed
contained in the FC, the parties met and conferred and per the
23
the First Amended Complaint (FAC). Unfortunately, there remained comparable issues with the
24
and the parties were forced to meet and confer, yet again, and per the
parties’ second
25 FAC
26
stipulation and this Court’s order 0n our stipulation, Plaintiff filed a Second Amended Complaint
27
(SAC).
28
Document Filed Date
February 08, 2021
Case Filing Date
March 18, 2019
Category
Personal Injury Non-Motor Vehicle Unlimited
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MARTIN & MARTIN, LLP ORIGINAL JANET A. ARIZA, ESQ. (SBN: 144629) JARIZA@MARTIN-MARTIN.COM LAURA M. FIELDS, ESQ. (SBN: 132427) LFIELDS(£DMARTlN-MARTIN.COM 3530 WILSHIRE BOULEVARD, SUITE 670 FILING FEE E LOS ANGELES, CALIFORNIA 90010 TO Gommmjggsgfair COUNTY OF SAN BERNA DINO TELEPHONE: (213) 388-4747 SAN EERNARDINO DISTR!CT FACSIMILE: (213) 388-6655 FEB 08 2021 ATTORNEY FOR DEFENDANTS MORONGO UNIFIED SCHOOL DISTRICT, BY ‘ ‘ CINDY ARROWOOD, AND DIANA FISHER GLORIA MARIN. DEPUTY 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 12 M.D.L.F. (A MINOR) BY AND THROUGH CASE No.2 CIV DSI908236 HIS GUARDIAN AD LITEM, MELFNDA [Hon. Lynn Poncin, Dept. $28] 13 FIELDS, Plaintiff, DEFENDANTS’ REPLY TO 14 PLAINTIFF M.D.L.F.’S OPPOSITION VS. TO DEFENDANTS’ SECOND DEMURRER MORONGO UNIFIED SCHOOL DISTRICT, a TO THE THIRD AMENDED government entity; CINDY ARROWOOD, an COMPLAINT; MEMORANDUM OF individual; DIANA FISHER, an individual; POINTS AND AUTHORITIES IN AND DOES THROUGH 1 10, INCLUSIVE, SUPPORT THEREOF Defendant DATE: February 17, 2021 TIME: 9:00 A.M. 20 A8 DEPT.: $28 21 Complaint Filed: March 18, 2019 XVd 22 Trial Date: November 15, 2021 23 24 COMES NOW Defendants CINDY ARROWOOD and DIANA FISHER in Reply t0 the 25 Opposition by PlaintiffM.D.L.F., a minor by and through his Guardian MELINDA FIELDS, t0 26 27 Defendant’s Second Demurrer the Third Amended Complaint (TAC), as follows: 28 I. INTRODUCTION In addition t0 Defendants’ Reply to Plaintiff’s Opposition to Defendants’ Second Demurrer to TAC, Defendants ARROWOOD and FISHER have concurrently filed a Notice of Untimely Opposition to Defendants’ Demurrer. Plaintiff’s opposition papers to Defendants’ Demurrer were served on this Count and Defendants on Februagy 4, 2021. Defendants ARROWOOD and FISHER respectfully ask this Court to take Judicial Notice of the fact that February 12, 2021 and February 15, 2021 are Court severed no later than Holidays. Accordingly, Plaintiff’s Opposition should have been filed and Februagy 2, 2021, to be considered timely. Defendants ARROWOOD and FISHER humbly ask ll this Court to disregard Plaintiff’s Opposition to Defendants’ Demurer as the same was NOT 12 this Court. timely served and therefore the contents, therein, should not be considered by l4 15 If this Court is inclined to disregard Plaintiff’s fatal error, Defendants ask this Court to consider 16 the merits 0f this Reply to Plaintiff’s Opposition as set forth below. 17 18 19 CASE PROCEDURAL HISTORY 20 of the current version of Plaintiff’s complaint. To date, there have been n0 less than six iterations 21 Plaintifffiled the First Complaint (FC) on March 18, 2019. Due to various problematic issues 22 parties’ stipulation, Plaintiff filed contained in the FC, the parties met and conferred and per the 23 the First Amended Complaint (FAC). Unfortunately, there remained comparable issues with the 24 and the parties were forced to meet and confer, yet again, and per the parties’ second 25 FAC 26 stipulation and this Court’s order 0n our stipulation, Plaintiff filed a Second Amended Complaint 27 (SAC). 28