Preview
1 JACKSON LEWIS P.C
JAMES T. JONES (SBN 167967)
FlLED/ENDORSED
2 MANDY L. SIMS (SBN 278352)
400 Capitol Mall, Suite 1600 AUG - 9 2022
3 Sacramento, Califomia 95814
Telephone: (916)341-0404 p. Vue
4 Facsimile: (916)341-0141 Bv:. Deputy Clerk
Email: iames.iones@iacksonlewis.com
5 Email: mandv.sims@iacksonlewis.com
6 Attomeys for Defendant
LIQUI-BOX CORPORATION
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS
11 Plaintiff, DEFENDANT LIQUI-BOX
CORPORATION'S NOTICE OF
12 vs. MOTION AND MOTION TO ACCEPT
DEFENDANT'S EXPERT WITNESS
13 LIQUI-BOX CORPORATION, and DOES 1 DESIGNATION
through 20, inclusive.
14 Date: October 20, 2022
Defendants.
Time: 1:30 p.m. FAX
15
Dept: 53
16 Reservation No.: 2666068
Complaint Filed: March 8, 2019
17 Trial Date: September 12, 2022
18
19 TO PLAINTIFF SAJIDA ZAMAN AND FIER ATTORNEYS OF RECORD:
20 PLEASE TAKE NOTICE THAT on October 20, 2022 at 1:30 p.m. or as soon thereafter
21 as the matter may be heard in Department 53 of the above-entitled Court located at the Hall of
22 Justice Building, 813 6th Street, Sacramento, Califomia 95814, Defendant Liqui-Box Corporation
23 ("Defendant") will move, and hereby does move, the Court for an order granting leave for
24 Defendant's Expert Witness Designation served on July 25, 2022, to be considered valid
25 designation permitting Defendant's to call such witnesses as expert witnesses at trial as
26 designated in said Expert Witness Designation. This Motion is made pursuant to Califomia Code
27 of Civil Procedure §§ 2034.230(b), 2034.710, 2034.720, and 2034.730, on the following grounds:
28 Defendant's Expert Witness Information was dmely pursuant to Califomia Code of Civil
1
DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF MOTION AND MOTION TO ACCEPT
DEFENDANT'S EXPERT WITNESS DESIGNATION
1 Procedure section 2034.230(b) but was inconsistent with the date of disclosure listed in
2 Defendant's Demand for Mutual Exchange of Expert Witness Information. Altematively, the
3 delay was inadvertent and did not result in any prejudice to Plaintiff and should be permitted.
4 The Motion is based on this Notice of Motion; the supporting Memorandum of Points and
5 Authorifies, supporting Declaration of James T. Jones, all concurrently served and filed herewith;
6 the pleadings and papers on record herein; and on such other oral and documentary evidence as
7 may be presented to the Court at the time of the hearing of the Motion.
8 Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of
9 this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative
10 mlings for the department may be downloaded off the court's website. If the party does not have
11 online access, they may call the dedicated phone number for the department as referenced in the
12 local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before
13 the hearing and receive the tentative mling. If you do not call the court and the opposing party by
14 4:00 p.m. the court day before the hearing, no hearing will be held.
15 Dated: August 9, 2022 JACKSON LEWIS P.C.
17 By:_Ji
JAMES T. JONES
18 MANDY L.SIMS
,q Attomeys for Defendant
LIQUI-BOX CORPORATION
20 "
21
22
23
24
25
26
27
28
DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF MOTION AND MOTION TO ACCEPT
DEFENDANT'S EXPERT WITNESS DESIGNATION
1 PROOF OF S E R V I C E
2 I am employed in the County of Sacramento, State of Califomia. I am over the age of
eighteen years and not a party to the within action; my business address is Jackson Lewis P.C,
3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814.
4 On August 9, 2022,1 served the within:
5 DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF MOTION AND MOTION
TO ACCEPT DEFENDANT'S E X P E R T WITNESS DESIGNATION
6
on all interested parties in said action, through their attomeys of record as listed below, by placing
7 a tme and correct copy thereof, addressed as shown below, by the following means:
8 ^ PERSONAL SERVICE - by causing personal delivery of a true and correct copy
thereof to the person at the address set forth below, in accordance with Code of Civil
9 Procedure section 1011(a)..
10 Q M A I L - by placing a tme and correct copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid for deposit in the United States Post Office mailbox, at
11 my business address shown above, following Jackson Lewis P.C.'s ordinary business
practices for the collection and processing of mail, of which I am readily familiar, and
12 addressed as set forth below. On the same day correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States
13 Postal Service.
14 Q OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed
in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility
15 regularly maintained by UPS or delivering to an authorized courier or driver
authorized by UPS to receive documents, addressed as set forth below.
16
Q E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil
17 Procedure Section 1010.6(e)(l)(2), I caused the document(s) described above to be
sent from e-mail address kellv.asano@iacksonlewis.com to the person(s) at the e-mail
18 address(es) listed below. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
19 unsuccessful.
20 Arash S. Khosrowshahi (SBN 293246)
LIBERTY MAN LAW, P.C.
21 1010 F Street, Suite 300
Sacramento, CA 95814
22 Telephone: (916)573-0469
Facsimile: (866) 700-0787
23 Email: ash@libertvmanlaw.com
24 I declare under penalty of perjury under the laws of the State of Califomia that the
2^ foregoing is tme and correct, and that this declaration was executed on August 9, 2022 at
Sacramento, Califomia. ^J^S^0^^*(^S"
26 Kelly Asano
27
28
PROOF OF SERVICE
PROOF OF S E R V I C E
2 I am employed in the County of Sacramento, State of Califomia. I am over the age of
eighteen years and not a party to the within action; my business address is Jackson Lewis P.C,
3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814.
4 On August 9, 2022,1 served the within:
5 DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF MOTION AND MOTION
TO ACCEPT DEFENDANT'S E X P E R T WITNESS DESIGNATION
6
on all interested parties in said action, through their attomeys of record as listed below, by placing
7 a tme and correct copy thereof, addressed as shown below, by the following means:
8 |~| PERSONAL SERVICE - by causing personal delivery of a true and correct copy
thereof to the person at the address set forth below, in accordance with Code of Civil
9 Procedure section 1011(a)..
10 [~| M A I L - by placing a tme and correct copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid for deposit in the United States Post Office mailbox, at
11 my business address shown above, following Jackson Lewis P.C.'s ordinary business
practices for the collection and processing of mail, of which I am readily familiar, and
12 addressed as set forth below. On the same day correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States
13 Postal Service.
14 OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed
in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility
15 regularly maintained by UPS or delivering to an authorized courier or driver
authorized by UPS to receive documents, addressed as set forth below.
16
E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil
17 Procedure Section 1010.6(e)(l)(2), I caused the document(s) described above to be
sent from e-mail address kellv.asano@iacksonlewis.com to the person(s) at the e-mail
18 address(es) listed below. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
19 unsuccessful.
20 Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246)
FALAKASSA LAW, P.C. LIBERTY MAN LAW, P.C.
21 1901 Avenue of the Stars, Suite 450 1010 F Street, Suite 300
Los Angeles, CA 90067 Sacramento, CA 95814
22 Telephone: (818)456-6168 Telephone: (916)573-0469
Facsimile: (888) 505-0868 Facsimile: (866) 700-0787
23 Email: Josh(a),Falakassalaw.com Email: ash@libertvmanlaw.com
24 I declare under penalty of perjury under the laws of the State of Califomia that the
25 foregoing is tme and correct, and that this declaratjoji was executed on August 9, 2022 at
Sacramento, Califomia. ^[J^^J'i^S'
26
Kelly Asano
27
4862-4204-8301, v. 1
28
PROOF OF SERVICE
Preview
1 JACKSON LEWIS P.C JAMES T. JONES (SBN 167967) FlLED/ENDORSED 2 MANDY L. SIMS (SBN 278352) 400 Capitol Mall, Suite 1600 AUG - 9 2022 3 Sacramento, Califomia 95814 Telephone: (916)341-0404 p. Vue 4 Facsimile: (916)341-0141 Bv:. Deputy Clerk Email: iames.iones@iacksonlewis.com 5 Email: mandv.sims@iacksonlewis.com 6 Attomeys for Defendant LIQUI-BOX CORPORATION 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS 11 Plaintiff, DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF 12 vs. MOTION AND MOTION TO ACCEPT DEFENDANT'S EXPERT WITNESS 13 LIQUI-BOX CORPORATION, and DOES 1 DESIGNATION through 20, inclusive. 14 Date: October 20, 2022 Defendants. Time: 1:30 p.m. FAX 15 Dept: 53 16 Reservation No.: 2666068 Complaint Filed: March 8, 2019 17 Trial Date: September 12, 2022 18 19 TO PLAINTIFF SAJIDA ZAMAN AND FIER ATTORNEYS OF RECORD: 20 PLEASE TAKE NOTICE THAT on October 20, 2022 at 1:30 p.m. or as soon thereafter 21 as the matter may be heard in Department 53 of the above-entitled Court located at the Hall of 22 Justice Building, 813 6th Street, Sacramento, Califomia 95814, Defendant Liqui-Box Corporation 23 ("Defendant") will move, and hereby does move, the Court for an order granting leave for 24 Defendant's Expert Witness Designation served on July 25, 2022, to be considered valid 25 designation permitting Defendant's to call such witnesses as expert witnesses at trial as 26 designated in said Expert Witness Designation. This Motion is made pursuant to Califomia Code 27 of Civil Procedure §§ 2034.230(b), 2034.710, 2034.720, and 2034.730, on the following grounds: 28 Defendant's Expert Witness Information was dmely pursuant to Califomia Code of Civil 1 DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF MOTION AND MOTION TO ACCEPT DEFENDANT'S EXPERT WITNESS DESIGNATION 1 Procedure section 2034.230(b) but was inconsistent with the date of disclosure listed in 2 Defendant's Demand for Mutual Exchange of Expert Witness Information. Altematively, the 3 delay was inadvertent and did not result in any prejudice to Plaintiff and should be permitted. 4 The Motion is based on this Notice of Motion; the supporting Memorandum of Points and 5 Authorifies, supporting Declaration of James T. Jones, all concurrently served and filed herewith; 6 the pleadings and papers on record herein; and on such other oral and documentary evidence as 7 may be presented to the Court at the time of the hearing of the Motion. 8 Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of 9 this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative 10 mlings for the department may be downloaded off the court's website. If the party does not have 11 online access, they may call the dedicated phone number for the department as referenced in the 12 local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before 13 the hearing and receive the tentative mling. If you do not call the court and the opposing party by 14 4:00 p.m. the court day before the hearing, no hearing will be held. 15 Dated: August 9, 2022 JACKSON LEWIS P.C. 17 By:_Ji JAMES T. JONES 18 MANDY L.SIMS ,q Attomeys for Defendant LIQUI-BOX CORPORATION 20 " 21 22 23 24 25 26 27 28 DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF MOTION AND MOTION TO ACCEPT DEFENDANT'S EXPERT WITNESS DESIGNATION 1 PROOF OF S E R V I C E 2 I am employed in the County of Sacramento, State of Califomia. I am over the age of eighteen years and not a party to the within action; my business address is Jackson Lewis P.C, 3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814. 4 On August 9, 2022,1 served the within: 5 DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF MOTION AND MOTION TO ACCEPT DEFENDANT'S E X P E R T WITNESS DESIGNATION 6 on all interested parties in said action, through their attomeys of record as listed below, by placing 7 a tme and correct copy thereof, addressed as shown below, by the following means: 8 ^ PERSONAL SERVICE - by causing personal delivery of a true and correct copy thereof to the person at the address set forth below, in accordance with Code of Civil 9 Procedure section 1011(a).. 10 Q M A I L - by placing a tme and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid for deposit in the United States Post Office mailbox, at 11 my business address shown above, following Jackson Lewis P.C.'s ordinary business practices for the collection and processing of mail, of which I am readily familiar, and 12 addressed as set forth below. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States 13 Postal Service. 14 Q OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility 15 regularly maintained by UPS or delivering to an authorized courier or driver authorized by UPS to receive documents, addressed as set forth below. 16 Q E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil 17 Procedure Section 1010.6(e)(l)(2), I caused the document(s) described above to be sent from e-mail address kellv.asano@iacksonlewis.com to the person(s) at the e-mail 18 address(es) listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 19 unsuccessful. 20 Arash S. Khosrowshahi (SBN 293246) LIBERTY MAN LAW, P.C. 21 1010 F Street, Suite 300 Sacramento, CA 95814 22 Telephone: (916)573-0469 Facsimile: (866) 700-0787 23 Email: ash@libertvmanlaw.com 24 I declare under penalty of perjury under the laws of the State of Califomia that the 2^ foregoing is tme and correct, and that this declaration was executed on August 9, 2022 at Sacramento, Califomia. ^J^S^0^^*(^S" 26 Kelly Asano 27 28 PROOF OF SERVICE PROOF OF S E R V I C E 2 I am employed in the County of Sacramento, State of Califomia. I am over the age of eighteen years and not a party to the within action; my business address is Jackson Lewis P.C, 3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814. 4 On August 9, 2022,1 served the within: 5 DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF MOTION AND MOTION TO ACCEPT DEFENDANT'S E X P E R T WITNESS DESIGNATION 6 on all interested parties in said action, through their attomeys of record as listed below, by placing 7 a tme and correct copy thereof, addressed as shown below, by the following means: 8 |~| PERSONAL SERVICE - by causing personal delivery of a true and correct copy thereof to the person at the address set forth below, in accordance with Code of Civil 9 Procedure section 1011(a).. 10 [~| M A I L - by placing a tme and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid for deposit in the United States Post Office mailbox, at 11 my business address shown above, following Jackson Lewis P.C.'s ordinary business practices for the collection and processing of mail, of which I am readily familiar, and 12 addressed as set forth below. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States 13 Postal Service. 14 OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility 15 regularly maintained by UPS or delivering to an authorized courier or driver authorized by UPS to receive documents, addressed as set forth below. 16 E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil 17 Procedure Section 1010.6(e)(l)(2), I caused the document(s) described above to be sent from e-mail address kellv.asano@iacksonlewis.com to the person(s) at the e-mail 18 address(es) listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 19 unsuccessful. 20 Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246) FALAKASSA LAW, P.C. LIBERTY MAN LAW, P.C. 21 1901 Avenue of the Stars, Suite 450 1010 F Street, Suite 300 Los Angeles, CA 90067 Sacramento, CA 95814 22 Telephone: (818)456-6168 Telephone: (916)573-0469 Facsimile: (888) 505-0868 Facsimile: (866) 700-0787 23 Email: Josh(a),Falakassalaw.com Email: ash@libertvmanlaw.com 24 I declare under penalty of perjury under the laws of the State of Califomia that the 25 foregoing is tme and correct, and that this declaratjoji was executed on August 9, 2022 at Sacramento, Califomia. ^[J^^J'i^S' 26 Kelly Asano 27 4862-4204-8301, v. 1 28 PROOF OF SERVICE