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l LAFAYETTE & KUMAGAI LLP Electronically Filed
GARY T. LAFAYETTE (SBN 88666) 8/23/2023
2
Email: glafavette(c?>,lkclawcom
Superior Court of California
G. MARTIN VELEZ(SBN 168315) County of Stanislaus
Clerk of the Court
3456700
Email: mvelez@lkclaw.com
1300 Clay Street, Suite 810
By: James Xiong, Deputy
Oakland, California 94612
Telephone: (415) 357-4600 $60.00 EXEMPT
Facsimile: (415) 357-4605
Attorneys for Defendants
CITY OF MODESTO and
DOUG RIDENOUR SR.
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF STANISLAUS
11
KUMAGAI LLP
12 STEPHANIE LOPEZ, an individual; Case No. CV-21-000925
1300 CLAY STREET, SUITE 810
OAKLAND, CALlFORNlA 94612
13 Plaintiff, STIPULATION AND fPROPG-S-EB) ORDER
(415) 357-4605
TO STAY TRIAL COURT PROCEEDINGS
ATTORNEYS AT LAW
(415) 3574600
14 V AND CONTINUE TRIAL(AND ALL
RELATED DEADLINES)
15 CITY OF MODESTO; DOUG RIDENOUR
&
SR. and DOES 1-100, inclusive,
LAFAYETTE
l6
FAX
Defendants.
Complaint Filed: March 1, 2021
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Trial Date: November 28, 2023
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STIPULATION TO STAY TRIAL COURT PROCEEDINGS AND-(PROPOSED) ORDER
(Case No. CV-21-000925)
1
2
WHEREAS, on March 1, 2021, Plaintiff Stephanie Lopez filed a complaint in the
Superior Court for the State of California, County of Stanislaus, entitled Stephanie Lopez v. Cit)»
34567009
of Modesto et al., case number CV-21-00925;
WHEREAS, this action is scheduled for a jury trial to commence on November 28, 2023;
WHEREAS, on March 22, 2023, Plaintiff filed a Motion to Disqualify Gary T. Lafayette
and Lafayette & Kumagai LLP as defense counsel;
WHEREAS, on April 28, 2023, the Court issued an order granting Plaintiff's Motion to
Disqualify Mr. Lafayette and Lafayette & Kumagai LLP as defense counsel;
WHEREAS, on June 27, 2023, defendants City of Modesto and Doug Ridenour Sr. filed a
Notice of Appeal in this action, which is currently pending before the Court of Appeal, Fifth
10
Appellate District, case number F086473;
11
Plaintiff Stephanie Lopez and defendants City of Modesto and Doug Ridenour, through
& KUMAGAI LLP
12
their respective counsel, hereby STIPULATE to vacate the November 28, 2023 jury trial and to
1300 CLAY STREET. SUITE 810
OAKLAND. CALIFORNIA 94612
13
I415) 3574505
stay all trial court proceedings in this action, including discovery and trial, during the pendency
ATTORNEYS AT Law
(415) 357-4600
14 of the appeal before the Court of Appeal, Fifth Appellate District, case number F086473.
15 IT IS SO STIPULATED.
LAFAYETTE
16
FAx
Dated: August 17, 2023 Respectfully submitted,
17 DYER LAW IRM
18
19 By:
Dustin'fDyer
i
/
20 Attorneys for Plaintiff Stephanie Lopez
21
22
Dated: August 17, 2023 Respectfully submitted,
23 LAFAYETTE & KUMAGAI LLP
24
25
By
Gary T. Lafayette
26 G. Martin Velez
Attorneys for Defendants City of Modesto and
27 Doug Ridenour Sr.
28
STIPULATION TO STAY TRIAL COURT PROCEEDINGS AND QPRGPGSED) ORDER 2
(Case No. CV-21-000925)
1
fPROP-GSEB) ORDER
The parties, through their respective counsel, having so stipulated and good cause having
234567009
been shown, it is hereby ORDERED that the November 28, 2023 jury trial is vacated and that all
trial court proceedings in this action, including discovery and trial, are stayed during the
pendency of the appeal in this action before the Court of Appeal,
Fifth Appellate District, case
number F086473. MSC on 11/13/23 is vacated. CMC set for 8/12/24 at 9:00 a.m., Dept. 23.
fim.
IT IS SO ORDERED.
8/22/2023
Dated: , 2023
Judge'bf the Superior Court'
John Freeland
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KUMAGAI LLP
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1300 CLAY STREET, SUITE 810
OAKLAND, CALIFORNIA 94612
13
(415) 357-4605
ATTORNEYS AT LAW
[415) 357-4600
14
15
8:
LAFAYETTE
16
FAx
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19
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STIPULATION TO STAY TRIAL COURT PROCEEDINGS AND MOSES} ORDER
(Case No. CV-21-000925)
1
PROOF OF SERVICE
2
I am employed in the City and County of Oakland, California. I am over the age of
3
eighteen years and not a party to the within action. My business address is 1300 Clay Street,
4 Suite 810, Oakland, California 94612.
5 On August 17, 2023, I served the document named below on the parties in this action as
follows:
6
7 STIPULATION TO STAY TRIAL COURT PROCEEDINGS AND
(PROPOSED) ORDER
8
9 XX (BY MAIL): I caused each and such envelope with postage thereon fully prepaid, to be
placed in the United State mail at Oakland, California. I am readily familiar with the
10 practice for the collection and processing of correspondence for mailing, said practice
being that in the ordinary course of business, mail is deposited in the United States
11 Postal Service the same day as it is placed for collection.
(BY PERSONAL SERVICE): I caused to be personally served each document listed
12
LLP
above on the addressee(s) noted below.
810
612
(BY FACSIMILE): I caused to be sent via facsimile at the facsimile number listed
KUMAGAI
13
(415) 357-4605
below, a copy of each document to the addressee(s) noted below.
OAKLAND, CALIFORNIA 94
1300 CLAY STREET, SUITE
ATTORNEYS AT LAW
(415) 357-4600
14 (BY OVERNIGHT MAIL): I caused to be delivered to an overnight courier service
each document to the addressee(s) noted below.
15 XX (BY ELECTRONIC MAIL): I caused a copy of the document(s) to be sent from e-
&
mail address kmikkelsen@lkclaw.com to the persons at the email addresses listed
LAFAYETTE
16 below.
FAX
17
18 Michael J. Dyer
Dustin J. Dyer
19 DYER LAW FIRM
5250 Claremont Ave., Suite 119
20
Stockton, CA 95207
21 Email: mdyer@dyerlawfirm.com
ddyer@dyerlawfirm.com
22 twarner@dyerlawfirm.com
23 Attorneys for Plaintiff
24
25
I declare under penalty of perjury under the laws of the State of California that the
26 foregoing is true and correct. Executed on August 17, 2023at Oakland, California.
27
28 KIRSTEN MIKKELSEN
STIPULATION TO STAY TRIAL COURT PROCEEDINGS AND (PROPOSED) ORDER 4
(Case No. CV-21-000925)
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l LAFAYETTE & KUMAGAI LLP Electronically Filed GARY T. LAFAYETTE (SBN 88666) 8/23/2023 2 Email: glafavette(c?>,lkclawcom Superior Court of California G. MARTIN VELEZ(SBN 168315) County of Stanislaus Clerk of the Court 3456700 Email: mvelez@lkclaw.com 1300 Clay Street, Suite 810 By: James Xiong, Deputy Oakland, California 94612 Telephone: (415) 357-4600 $60.00 EXEMPT Facsimile: (415) 357-4605 Attorneys for Defendants CITY OF MODESTO and DOUG RIDENOUR SR. 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF STANISLAUS 11 KUMAGAI LLP 12 STEPHANIE LOPEZ, an individual; Case No. CV-21-000925 1300 CLAY STREET, SUITE 810 OAKLAND, CALlFORNlA 94612 13 Plaintiff, STIPULATION AND fPROPG-S-EB) ORDER (415) 357-4605 TO STAY TRIAL COURT PROCEEDINGS ATTORNEYS AT LAW (415) 3574600 14 V AND CONTINUE TRIAL(AND ALL RELATED DEADLINES) 15 CITY OF MODESTO; DOUG RIDENOUR & SR. and DOES 1-100, inclusive, LAFAYETTE l6 FAX Defendants. Complaint Filed: March 1, 2021 ~' \1 Trial Date: November 28, 2023 oo _ \o ~ N N ~ N N w N N N o N 0 [\J 4: u: \1 28 STIPULATION TO STAY TRIAL COURT PROCEEDINGS AND-(PROPOSED) ORDER (Case No. CV-21-000925) 1 2 WHEREAS, on March 1, 2021, Plaintiff Stephanie Lopez filed a complaint in the Superior Court for the State of California, County of Stanislaus, entitled Stephanie Lopez v. Cit)» 34567009 of Modesto et al., case number CV-21-00925; WHEREAS, this action is scheduled for a jury trial to commence on November 28, 2023; WHEREAS, on March 22, 2023, Plaintiff filed a Motion to Disqualify Gary T. Lafayette and Lafayette & Kumagai LLP as defense counsel; WHEREAS, on April 28, 2023, the Court issued an order granting Plaintiff's Motion to Disqualify Mr. Lafayette and Lafayette & Kumagai LLP as defense counsel; WHEREAS, on June 27, 2023, defendants City of Modesto and Doug Ridenour Sr. filed a Notice of Appeal in this action, which is currently pending before the Court of Appeal, Fifth 10 Appellate District, case number F086473; 11 Plaintiff Stephanie Lopez and defendants City of Modesto and Doug Ridenour, through & KUMAGAI LLP 12 their respective counsel, hereby STIPULATE to vacate the November 28, 2023 jury trial and to 1300 CLAY STREET. SUITE 810 OAKLAND. CALIFORNIA 94612 13 I415) 3574505 stay all trial court proceedings in this action, including discovery and trial, during the pendency ATTORNEYS AT Law (415) 357-4600 14 of the appeal before the Court of Appeal, Fifth Appellate District, case number F086473. 15 IT IS SO STIPULATED. LAFAYETTE 16 FAx Dated: August 17, 2023 Respectfully submitted, 17 DYER LAW IRM 18 19 By: Dustin'fDyer i / 20 Attorneys for Plaintiff Stephanie Lopez 21 22 Dated: August 17, 2023 Respectfully submitted, 23 LAFAYETTE & KUMAGAI LLP 24 25 By Gary T. Lafayette 26 G. Martin Velez Attorneys for Defendants City of Modesto and 27 Doug Ridenour Sr. 28 STIPULATION TO STAY TRIAL COURT PROCEEDINGS AND QPRGPGSED) ORDER 2 (Case No. CV-21-000925) 1 fPROP-GSEB) ORDER The parties, through their respective counsel, having so stipulated and good cause having 234567009 been shown, it is hereby ORDERED that the November 28, 2023 jury trial is vacated and that all trial court proceedings in this action, including discovery and trial, are stayed during the pendency of the appeal in this action before the Court of Appeal, Fifth Appellate District, case number F086473. MSC on 11/13/23 is vacated. CMC set for 8/12/24 at 9:00 a.m., Dept. 23. fim. IT IS SO ORDERED. 8/22/2023 Dated: , 2023 Judge'bf the Superior Court' John Freeland 10 11 KUMAGAI LLP 12 1300 CLAY STREET, SUITE 810 OAKLAND, CALIFORNIA 94612 13 (415) 357-4605 ATTORNEYS AT LAW [415) 357-4600 14 15 8: LAFAYETTE 16 FAx 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO STAY TRIAL COURT PROCEEDINGS AND MOSES} ORDER (Case No. CV-21-000925) 1 PROOF OF SERVICE 2 I am employed in the City and County of Oakland, California. I am over the age of 3 eighteen years and not a party to the within action. My business address is 1300 Clay Street, 4 Suite 810, Oakland, California 94612. 5 On August 17, 2023, I served the document named below on the parties in this action as follows: 6 7 STIPULATION TO STAY TRIAL COURT PROCEEDINGS AND (PROPOSED) ORDER 8 9 XX (BY MAIL): I caused each and such envelope with postage thereon fully prepaid, to be placed in the United State mail at Oakland, California. I am readily familiar with the 10 practice for the collection and processing of correspondence for mailing, said practice being that in the ordinary course of business, mail is deposited in the United States 11 Postal Service the same day as it is placed for collection. (BY PERSONAL SERVICE): I caused to be personally served each document listed 12 LLP above on the addressee(s) noted below. 810 612 (BY FACSIMILE): I caused to be sent via facsimile at the facsimile number listed KUMAGAI 13 (415) 357-4605 below, a copy of each document to the addressee(s) noted below. OAKLAND, CALIFORNIA 94 1300 CLAY STREET, SUITE ATTORNEYS AT LAW (415) 357-4600 14 (BY OVERNIGHT MAIL): I caused to be delivered to an overnight courier service each document to the addressee(s) noted below. 15 XX (BY ELECTRONIC MAIL): I caused a copy of the document(s) to be sent from e- & mail address kmikkelsen@lkclaw.com to the persons at the email addresses listed LAFAYETTE 16 below. FAX 17 18 Michael J. Dyer Dustin J. Dyer 19 DYER LAW FIRM 5250 Claremont Ave., Suite 119 20 Stockton, CA 95207 21 Email: mdyer@dyerlawfirm.com ddyer@dyerlawfirm.com 22 twarner@dyerlawfirm.com 23 Attorneys for Plaintiff 24 25 I declare under penalty of perjury under the laws of the State of California that the 26 foregoing is true and correct. Executed on August 17, 2023at Oakland, California. 27 28 KIRSTEN MIKKELSEN STIPULATION TO STAY TRIAL COURT PROCEEDINGS AND (PROPOSED) ORDER 4 (Case No. CV-21-000925)