On March 10, 2022 a
Order to Show Cause
was filed
involving a dispute between
Muniz Del Toro, Marco Antonio,
Muniz Rodriguez, Daniel,
and
Command Delivery Systems, Inc,
Doe, John,
Does 2 To 20,
Leon, Gerardo Yovani,
for Auto PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
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‘
LEWIS BRISBOIS BISGAARD & SMITH LLp
F I L E D
Sg’gfl‘fi
32g"; gggfikggflgm
CHARLES L. HARRIS; SB# l_465fl6 _
SAN BERNARDINO CML DIVISION
E-Mall: Charles.Hams@lew15brlsb013.com
ALEXANDER STEPANEK, SB# 265659 FEB 1 A‘ 202g "'
E-Mail: Alexander.Stepanek@1ewisbrisbois.com
650 Town Center Drive, Suite 1400
U14>WN
Costa Mesa, California 92626
Telephone: 714.545.9200
Facsimile: 714.850.1030
Attorneys for Defendant, Command Delivery
Systems
\OOONGN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
10
11 Daniel Muniz Rodriguez, an individual; Marco Case N0. CIVSB2204679
Antonio Muniz Del Toro, an individual, nnflnuf‘"
12 DECLARATION OF ALEXANDER Z.
Plaintiffs, STEPANEK REGARDING ?\V/UVNUMAN
13 CONNECTIVITY PROBLEMS AT nm
vs. JANUARY 30, 2023 TRIAL SETTING
14 CONFERENCE AND OSC: REGARDING
Command Delivery Systems, Inc.; John Doe, FAILURE TO APPEAR THEREON
15 an individual; and DOES 2-20, inclusive,
Assigned for All Purposes to:
16 Defendants. Hon. Hon. Wilfried J. Scheider, Dept. S32
17 Action Filed: March 10, 2022
Trial Date: None Set
18
DECLARATION OF ALEXANDER Z. STEPANEK
19
I, Alexander Z. Stepanek, declare as follows:
20
1. I am an attorney duly admitted to practice in all of the courts of the State of
21
California and I am a partner with Lewis Brisbois Bisgaard & Smith LLP, attorneys of record for
22
Defendant, COMMAND DELIVERY SYSTEMS, herein. The facts set forth herein are of my
23
own personal knowledge, and if sworn I could and would competently testify thereto.
24
2. The Trial Setting Conference set for 8:30 a.m. on January 30, 2023, in Department
25
S32 had been calendared in accordance with our standard business practices.
26
/ / /
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/ / /
28
LEWIS
BRISBOIS 4877-0754-8494.1
BISGAARD
ast LLP
DECLARATION OF ALEXANDER Z. STEPANEK REGARDING FAILURE TO APPEAR AT JANUARY 30,
ATTORNEVS AT LAW
2023 FURTHER TRIAL SETTING CONFERENCE
3. At approximately 8:20 a.m. 0n January 30, 2023, I attempted to join Department
S32 to Virtually attend the Trial Setting Conference set for 8:30 a.m. Via a remote link that our
staff had obtained from the Court’s website and embedded in our Microsoft Outlook calendar,
.PUJN
pursuant to our customary calendaring protocols.
4. For reasons that remain unknown, Iwas never admitted into the hearing by the
Court, despite multiple attempts t0 join the remote hearing 0n both a laptop computer
and iPad.
\DOONO\UI
To date, I have attended numerous hearings on both devices using the LA Connect portal without
any incident or problem.
5. Given the problems I encountered gaining entrance to the Virtual Courtroom
10 (Department S32) at approximately 8:45 a.m. on January 30, 2023 I advised my legal secretary,
11 Chloe Clark, to contact the department t0 advise there was a problem connecting and t0 reconcile
12 the problem. Ms. Clark reported to me that the Court clerk advised her that it was a bad time to
13 speak, that the Court was conducting the hearing and working its way through the calendar.
photographed my screens on both
14 6. Given my inability access the Virtual hearing, I
15 my work computer and iPad, a true and accurate copy 0f which are attached hereto as Exhibits A
“Please wait
16 and B, respectively. Although these Exhibits reflect a capture time of 9:22 a.m., the
17 for the host t0 start this meeting” message in the dialogue box from SBJC 832’s Personal Meeting
18 Room was displayed from when I first attempted to join the proceeding at approximately 8:20 a.m.
19 until the time the photos were taken.
20 / / /
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22 / / /
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27 / / /
28 / / /
LEWIS
BRISBOIS 4877—0754-8494] 2
BISGAARD
asmrHuy
DECLARATION OF ALEXANDER Z. STEPANEK REGARDING FAILURE TO APPEAR AT JANUARY 30,
ATTORNEVS AT LAW 2023 FURTHER TRIAL SETTING CONFERENCE
Document Filed Date
February 14, 2023
Case Filing Date
March 10, 2022
Category
Auto PI/PD/WD Unlimited
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Preview
\r V ‘ LEWIS BRISBOIS BISGAARD & SMITH LLp F I L E D Sg’gfl‘fi 32g"; gggfikggflgm CHARLES L. HARRIS; SB# l_465fl6 _ SAN BERNARDINO CML DIVISION E-Mall: Charles.Hams@lew15brlsb013.com ALEXANDER STEPANEK, SB# 265659 FEB 1 A‘ 202g "' E-Mail: Alexander.Stepanek@1ewisbrisbois.com 650 Town Center Drive, Suite 1400 U14>WN Costa Mesa, California 92626 Telephone: 714.545.9200 Facsimile: 714.850.1030 Attorneys for Defendant, Command Delivery Systems \OOONGN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT 10 11 Daniel Muniz Rodriguez, an individual; Marco Case N0. CIVSB2204679 Antonio Muniz Del Toro, an individual, nnflnuf‘" 12 DECLARATION OF ALEXANDER Z. Plaintiffs, STEPANEK REGARDING ?\V/UVNUMAN 13 CONNECTIVITY PROBLEMS AT nm vs. JANUARY 30, 2023 TRIAL SETTING 14 CONFERENCE AND OSC: REGARDING Command Delivery Systems, Inc.; John Doe, FAILURE TO APPEAR THEREON 15 an individual; and DOES 2-20, inclusive, Assigned for All Purposes to: 16 Defendants. Hon. Hon. Wilfried J. Scheider, Dept. S32 17 Action Filed: March 10, 2022 Trial Date: None Set 18 DECLARATION OF ALEXANDER Z. STEPANEK 19 I, Alexander Z. Stepanek, declare as follows: 20 1. I am an attorney duly admitted to practice in all of the courts of the State of 21 California and I am a partner with Lewis Brisbois Bisgaard & Smith LLP, attorneys of record for 22 Defendant, COMMAND DELIVERY SYSTEMS, herein. The facts set forth herein are of my 23 own personal knowledge, and if sworn I could and would competently testify thereto. 24 2. The Trial Setting Conference set for 8:30 a.m. on January 30, 2023, in Department 25 S32 had been calendared in accordance with our standard business practices. 26 / / / 27 / / / 28 LEWIS BRISBOIS 4877-0754-8494.1 BISGAARD ast LLP DECLARATION OF ALEXANDER Z. STEPANEK REGARDING FAILURE TO APPEAR AT JANUARY 30, ATTORNEVS AT LAW 2023 FURTHER TRIAL SETTING CONFERENCE 3. At approximately 8:20 a.m. 0n January 30, 2023, I attempted to join Department S32 to Virtually attend the Trial Setting Conference set for 8:30 a.m. Via a remote link that our staff had obtained from the Court’s website and embedded in our Microsoft Outlook calendar, .PUJN pursuant to our customary calendaring protocols. 4. For reasons that remain unknown, Iwas never admitted into the hearing by the Court, despite multiple attempts t0 join the remote hearing 0n both a laptop computer and iPad. \DOONO\UI To date, I have attended numerous hearings on both devices using the LA Connect portal without any incident or problem. 5. Given the problems I encountered gaining entrance to the Virtual Courtroom 10 (Department S32) at approximately 8:45 a.m. on January 30, 2023 I advised my legal secretary, 11 Chloe Clark, to contact the department t0 advise there was a problem connecting and t0 reconcile 12 the problem. Ms. Clark reported to me that the Court clerk advised her that it was a bad time to 13 speak, that the Court was conducting the hearing and working its way through the calendar. photographed my screens on both 14 6. Given my inability access the Virtual hearing, I 15 my work computer and iPad, a true and accurate copy 0f which are attached hereto as Exhibits A “Please wait 16 and B, respectively. Although these Exhibits reflect a capture time of 9:22 a.m., the 17 for the host t0 start this meeting” message in the dialogue box from SBJC 832’s Personal Meeting 18 Room was displayed from when I first attempted to join the proceeding at approximately 8:20 a.m. 19 until the time the photos were taken. 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / LEWIS BRISBOIS 4877—0754-8494] 2 BISGAARD asmrHuy DECLARATION OF ALEXANDER Z. STEPANEK REGARDING FAILURE TO APPEAR AT JANUARY 30, ATTORNEVS AT LAW 2023 FURTHER TRIAL SETTING CONFERENCE