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1 SINCLAIR WILSON
BALDO & CHAMBERLAIN
2 ROBERT F. SINCLAIR (SBN-79193)
23 90 Professional Drive
3 Roseville, CA 95661
Telephone: (916) 783-5281
4 Facsimile: (916) 783-5232
5 Attorneys for Defendant and Cross-Complainant,
PLACER VALLEY SPORTS COMPLEX,
6 INC., dba @the Grounds
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF PLACER
10
11 SHERRY LARSEN, individually and dba CASE NO. S-CV-0045659
CALIFORNIA STATE ENTERPRISES,
12 DECLARATION OF ROBERT F.
Plaintiff, SINCLAIR IN OPPOSITION TO
13 PLAINTIFF'S MOTION TO REOPEN
V. DISCOVERY
14
PLACER VALLEY SPORTS COMPLEX, Date: January 17, 2023
15 INC. dba@the Grounds, a California Time: 8:30 a.m.
corporation; and DOES 1-10, inclusive, Dept: 40
16 Trial: April 3, 2023
Defendants.
17
18 AND RELATED CROSS-ACTION
19
20 I, ROBERT F. SINCLAIR, declare:
21 1. I am the attorney for defendant, Placer Valley Sports Complex, Inc. ("PVSC"). I
.22 make this declaration in opposition to plaintiffs motion to reopen discovery.
23 2. This action was filed on October 2, 2020, and has been pending for over two
24 years. On June 22, 2021, the court set an initial trial date of April 18, 2022.
25
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Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery
1 3. On March 24, 2022, on stipulation of the parties, the court entered an order
2 continuing the trial to September 19, 2022. A true and correct copy of the court's March 24,
3 2022, order is attached as Exhibit A. The order reset various court dates and established
4 deadlines for certain discovery, including the commencement of expert witness depositions.
5 Before signing the order Judge Jones struck a proposed provision which would have allowed the
6 timing of expert witness discovery to be modified upon a showing of good cause. On March 29,
7 2022, plaintiff was given notice of the order.
8 4. On April 21, 2022, on stipulation of the parties, the court entered an order further
9 postponing the trial to November 14, 2022. In her moving papers, plaintiff contends PVSC
10 requested the trial continuance, but this is not accurate. Plaintiffs counsel at the time requested
11 the continuance due to a calendaring mistake on his part. (See email chain attached as
12 Exhibit B.) The court's April 21, 2022, order clarified that the expert witness discovery schedule
13 set forth in the March 24, 2022, order "shall remain in full force and effect." The order also
14 included the following admonition: "The court interprets the submission of agreed upon trial
15 dates as an implicit representation that the parties, trial counsel, all witnesses, and any expert
16 witnesses will be available for the continued trial date." A true copy of the court's April 21,
17 2022 Order is attached as Exhibit C.
18 5. The following written and oral discovery has occurred in this case:
19 Form Interrogatories (Set 1) by PVSC to Larsen 12/2/20
20 Requests for Admission (Set 1) by PVSC to Larsen 12/2/20
21 Demand for Production of Documents (Set 1) by PVSC to Larsen 12/2/20
22 Larsen's Production of Documents to PVSC [Numbered 0001-2421] 1/20/21
23 Form Interrogatories (Set 1) by Larsen to PVSC 4/27/21
24 Special Interrogatories (Set 1) by Larsen to PVSC 4/27/21
25
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Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery
1 Requests for Admission (Set 1) by Larsen to PVSC 4/27/21
2 Request for Production of Documents (Set 1) by Larsen to PVSC 4/27/21
3 PVSC's Production of Documents to Larsen [Numbered 0001-0021] 9/10/21
4 PVSC's Production of Documents to Larsen [Numbered 0022-0030] 10/14/21
5 Special Interrogatories (Set 1) by PVSC to Larsen 11/19/21
6 Demand for Production of Documents (Set 2) by PVSC to Larsen 11/19/21
7 Requests for Admission (Set 2) by PVSC to Larsen 12/21/21
8 Deposition of David Attaway taken by Larsen 1/10/22
9 Deposition of Cheryl Goldfarb taken by Larsen 1/10/22
10 PVSC' s Production of Documents to Larsen [Numbered 0031-0099] 1/10/22
11 Special Interrogatories (Set 2) by PVSC to Larsen 1/19/22
12 Larsen's Production of Documents to PVSC [Numbered 2422-2497] 1/27/22
13 Special Interrogatories (Set 2) by Larsen to PVSC 2/3/22
14 Request for Production of Documents (Set 2) by Larsen to PVSC 2/3/22
15 Deposition of Sherry Larsen taken by PVSC 2/11/22
16 Larsen's Production of Documents to PVSC [Numbered 2498-2588] 2/11/22
17 Special Interrogatories (Set 3) by PVSC to Larsen 2/16/22
18 Demand for Production of Documents (Set 3) by PVSC to Larsen 2/16/22
19 Supplemental Interrogatories by Larsen to PVSC 2/17/22
20 Supplemental Requests for Production of Documents by Larsen to PVSC 2/17/22
21 Larsen's Production of Documents to PVSC [Numbered 2589-2607] 2/18/22
22 Deposition of Aimee Sisson taken by PVSC 2/28/22
23 PVSC's Response to Expert Witness Demand 2/28/22
24 Larsen's Expert Witness Disclosure 2/28/22
25
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Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery
1 Larsen's Production of Documents to PVSC [Numbered 2484-2519] 6/29/22
2 PVSC's Supplemental Expert Witness Disclosure 8/19/22
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6. On February 11, 2022, I participated in the deposition of plaintiff. During her
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deposition plaintiff was asked to provide information regarding her damage claims. In response,
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plaintiff testified she had not yet determined the extent of her damage claims.
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7. On February 1, 2022, PVSC served upon plaintiff a demand for disclosure of
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expert witnesses. On February 28, 2022, plaintiff and PVSC both timely responded to prior
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demands for disclosures of experts. Plaintiff designated herself as a non-retained expert witness
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and designated Bart Ross as her sole retained expert witness. Plaintiffs disclosure indicated that
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plaintiff and Mr. Ross would offer expert testimony regarding, inter alia, plaintiffs alleged
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damages. Plaintiffs counsel also declared that plaintiff and Mr. Ross would be sufficiently
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familiar with the pending matter to submit to a meaningful oral deposition concerning any expert
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opinions and the basis for such. Attached as Exhibit D is a copy of plaintiffs response to the
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demand for exchange of expert witness information.
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8. On July 19, 2022, my office served separate notices for commencement of the
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expert depositions of plaintiff and Bart Ross, and for each deponent's production of documents.
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Attached hereto as Exhibit E is the notice scheduling the deposition of plaintiff. Attached hereto
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as Exhibit Fis the notice scheduling the deposition of Mr. Ross. Plaintiffs expert deposition was
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scheduled for August 3, 2022, beginning at 10:00 a.m. in my office located in Roseville. Mr.
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Ross's expert deposition was scheduled for August 4, 2022, to begin at 10:00 a.m. in my office
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located in Roseville.
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9. On July 27, 2022, I contacted plaintiff by phone to confirm her participation in her
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deposition on August 3, 2022, Mr. Ross's participation in his deposition scheduled for August 4,
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2022, and the production of each deponent' s reports and writings as required by Code of Civil
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Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery
1 Procedure section 2034.415. During this conversation Ms. Larson told me she had not contacted
2 Mr. Ross to inform him of his deposition, she had no documents to produce from his file of
3 reports or writings, and that he would not be present for his deposition. During this conversation
4 Ms. Larsen also told me that she had not gathered together or prepared reports or writings that
5 she needed in order to express an opinion and that she was, to quote her exact words, "too busy"
6 to prepare for and appear at the deposition. Ms. Larsen concluded by stating she would not be
7 available to be deposed until sometime in September 2022. In response to this information I told
8 Ms. Larsen we were under a court order to commence the depositions not later than August 5,
9 2022, I could not postpone the depositions, and that I would therefore proceed with the
10 depositions as they were scheduled. Ms. Larsen indicated to me in response to my comments she
11 was aware of the order but, nevertheless, was too busy to comply with it.
12 10. Prior to August 3, 2022, I did not receive any objection to the notices of
13 deposition of plaintiff or Mr. Ross.
14 11. Prior to August 3, 2022, I did not receive any reports or writings from plaintiff
15 related to her opinion evidence. On August 3, 2022, after waiting an appropriate time after 10:00
16 a.m., in the presence of a court reporter I confirmed plaintiffs failure to appear at and commence
17 her deposition. Attached as Exhibit G is a copy of that transcript, excluding exhibits.
18 12. Prior to August 4, 2022, I did not receive any reports or writings from Mr. Ross
19 related to his opinion evidence. On August 4, 2022, after waiting an appropriate time after 10:00
20 a.m., in the presence of a court reporter I confirmed Mr. Ross's failure to appear at and
21 commence his deposition. Attached as Exhibit H is a copy of that transcript, excluding exhibits.
22 13. On August 4, 2022, at 12:30 a.m., I received by email a message from plaintiff.
23 Attached hereto as Exhibit I is a copy of that message, redacted to remove dialog unrelated to this
24 motion. In the message plaintiff referenced her phone conversation with the undersigned on July
25
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Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery
1 27, 2022, said Mr. Ross would be available for deposition sometime after September 13, 2022,
2 and purported to require his deposition be taken at a place within 7 5 miles of Palm Springs,
3 California.· As for her, plaintiff stated she would be available for deposition on the same date and
4 at the same location as Mr. Ross, or, alternatively, sometime after September 5, 2022, at a
5 deposition location within 75 miles of Clovis, California. For the court's information, Clovis,
6 California is located about 263 miles from my office in Roseville, Placer County.
7 14. After receipt of plaintiffs email, I replied to it by letter dated August 4, 2022.
8 Attached as Exhibit J is a copy of my letter reply. In my letter I noted the parties were under a
9 court order to commence the depositions of plaintiff and Mr. Ross not later than August 5, 2022,
10 and I had no ability to postpone commencement of the depositions to a later date. As to
11 plaintiffs suggested deposition locations, I also noted the location for the depositions demanded
12 by plaintiff did not comply with statute.
13 15. On August 19, 2022, PVSC submitted a Supplemental Expert Disclosure. This
14 disclosure was submitted timely in compliance with the court's March 24, 2022, order.
15 16. Prior to November 14, 2022, I received no further communications from plaintiff
16 on the subject of the depositions of plaintiff or Mr. Ross in response or related to the depositions
17 of experts. I have not received any expert documents from plaintiff.
18 17. Prior to submittal of PVSC's Motion in Limine No. 1, I contacted plaintiff in an
19 effort to meet and confer with regard to the motion. Plaintiff did not respond to the meet and
20 confer effort and I was unsuccessful in obtaining an agreement on the motion.
21 18. Plaintiff was initially represented in this action by counsel. On May 12, 2022, for
22 reasons which were stated in counsel's motion to be confidential, plaintiffs counsel moved to
23 withdraw from this action. The court granted counsel's motion over five months ago, on June
24 29, 2022.
25
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Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery
1 19. On August 26, 2022, plaintiff, acting in pro per, filed a 10-page Settlement
2 Conference Statement in which she demanded payment of $1,893,063.00. On September 2,
3 2022, plaintiff participated and negotiated her interests at the settlement conference without
4 needing counsel. On September 7, 2022, plaintiff, still acting in pro per, moved to compel
5 responses to certain discovery from PVSC. In her motion, plaintiff acknowledged she had
6 retained an attorney to assist her with preparing the motion. On November 4, 2022, plaintiff
7 appeared at and participated in the Trial Setting Conference without needing counsel.
8 20. PVSC would be prejudiced if the court grants plaintiffs motion. I have fully
9 prepared the case for trial based on the status of discovery as of the previously scheduled trial
10 date of November 14, 2022. Reopening discovery to complete expert depositions will lead to
11 further, significant preparation and litigation expenses.
12 21. PVSC has incurred attorney's fees in opposing plaintiffs motion as follows: I
13 have expended 8.8 hours opposing plaintiffs motion to reopen discovery. I expect to spend
14 another 1-2 hours reviewing any reply that might be served and appearing at the hearing on the
15 motion. My hourly billing rate in this matter is $400.00. In addition, another attorney from my
16 office, Scott Christensen, expended 17 .1 hours in preparation of the opposition papers. His
17 hourly billing rate is $300.00. To date, PVSC has incurred $8,650.00 in opposing plaintiffs
18 motion. The above amount reflects the significance of the motion, the research required to
19 address a motion to reopen discovery seeking to alter a prior discovery order, and addressing the
20 facts underlying plaintiffs claim of a good cause. Although the time stated above has been
21 incurred, PVSC requests that plaintiff and plaintiffs attorney, Christopher J. Fry, be ordered to
22 pay monetary sanctions to plaintiff in the sum of $5,000.00.
23 22. Each of the documents attached to this declaration is a true and correct copy of the
24 original and incorporated herein by this reference.
25
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Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery
1 I declare under penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct, of my own personal knowledge and if called upon as a witness
3 could competently testify thereto.
4 Executed on January 3, 2023, at Roseville, CalifoR M ~
5
6 ROBERT'F. SINC:CAIR
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Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery
Exhibit A
1 SINCLAIR Wll.,SON Filed - 03/24/2022
Eleclronlcally flied by Supertor Court qf California
BALDO & CHAMBERLAIN County of Placer on 03/24/2022
2 ROBERT F. SINCLAIR (SBN-79193) Jake Chatters, Clerk of the Court
· By A. _Risner Deputy Clerk
2390 Professional Drive
3 Roseville, CA 95661
Telephone.: .(916).1.83.-5281 _
4 Facsimile: (916) 783-5232
5 Attorneys for Defendant and Cross-
Complainant, PLACER VALLEY SPORTS
6 · COMPLEX, INC., dba·@the Grounds
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF PLACER
10
11 SHERRY LARSEN, individually and dba CASE NO. S-CV-0045659
CALIFORNIA STATE ENTERPRISES,
12 ORDER CONTINUING TRiAL,.CML
Plaintiff, TRiAL CONFERENCE, AND
13 MANDATORY SETTLEMENT
v. CO_NFERENCE, AND EXTENDING
14 DISCOVERY
PLACER VALLEY SPORTS COMPLEX,
15 INC. dba @the Grounds, a California
corporation; and DOES 1-10, inclusive,
16
Defendants.
17
. 18 AND RELATED CROSS-ACTION
19
20 Based upon the stipulation of plaintiff and cross-defendant, SHERRY LARSEN, and
21 defendant and 'cross-complainant, PLACER VALLEY SPORTS COMPLEX, INC. dba @the
22 Grounds, by and through their respective counsel of record, the court enters the following order:
23 1. The Mandatory Settlement Conference currently set for April 1, 2022, the Civil
24 Trial Conference currently set for April 8, 2022, and trial currently set to begin on April 18,
25 2022, are vacated.
-1-
Order Continuing Trial, Civil Trial Conference, and Mandatory Settlement Conference,
and Extending Discovery
1 2. The following dates are set for trial and related trial matters:
at 8:30 a.m. in Dept. TBA
2 Trial: September 19, 2022-Report to Jury Services/
Master Calendar.
3 Civil Trial Conference: September 9, 2022 at 8:30 a.m., Dept. 42
4 Mandatory Settlement Conference: September 2, 2022 at 8:30 a.m. in Dept. TBA.
Report to Jury Services/Master Calendar.
5 3•. Discovery is stayed until July 1, 2022.
6 4. All responses to non-exp~rt discovery timely served by the parties calculated
7 based upon the original trial date of April ·1s, 2022, are extended such that all non-expert
8 discovery responses shall be due on June 30, 2022. All motions concerning non-expert discovery
9 must be brought not later than 15 days prior to the newly scheduled trial date. Except as stated in
10 this paragraph, the cutoff for non-expert discovery shall be as set forth in Code of Civil
11 Procedure section 2024.020.
12 5. Depositions of plaintiffs previously disclosed experts shall be comp:ienced on or
13 before August 5, 2022·. Defendant's supplemental disclosure of expert witnesses shall be served
14 on or before August 19, 2022. Depositions of expert witnesses disclosed by defendant by
15 supplemental disclosure shall be commenced not later than September 16, 2022. Motions
16 concerning expert discovery must be brought prior to the commencement of trial. Except as
17 stated in this paragraph, the discovery cutoff for expert discovery shall be as set forth in Code of
18 Civil Procedure section 2024.030.
19 Ill IT IS SO ORDERED.
20 Ill
21 Ill Date: March 24, 2022
22 Ill
23 Ill
24 Ill
25 Ill
-2-
Order Continuing Trial, Civil Trial Conference, and Mandatory Settlement Conference,
and Extending DiscovenJ ·
1 6. 'fhc ttbouc shall be subject to futthct mdc1 ofeourt for good em:tse shoGitn.
2 :R' IS SO ORQBMQ.
3
JtJDM OF Im; 5UP~itr0~ Cotrr
Sent: Thursday, April 07, 2022 2:45 PM
To: Robert Sinclair
Subject: RE: Larsen
I think Nov. 14th will work, but let me double check and get back to you. Thanks.
From: Robert Sinclair
Sent: Tuesday, April 5, 2022 3:22 PM
To: Alex Newsum
Subject: RE: Larsen
Alex:
Mistakes happen. I'm ok with changing the date but the last week of September and October are not good for me. I'll
need to go to mid-November as I have a trial set for October 24, 2022, and the Placer County court trails cases for two
weeks. November 14 would be might first available date.
Best regards,
Robert F. (Bob)Sinclair
Sinclair Wilson Baldo & Chamberlain
Established 1888
2390 Professional Drive
Roseville, CA 95661
T 916- 783-5281
F 916-783-5232
rsinclair@swbclaw.com
Sr.NCI.AIR W1LsoN
)3,ALDO & CHAMBERLAlN
ATi'(JKN:t;!~'.!i AT LAW
CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are confidential and privileged. They are intended for the sole
use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in
reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney-client
privilege as to this communication or otherwise. If you have received this communication in error, please contact Sinclair Wilson Baldo and
Chamberlain at (916) 783-5281. Thank you.
From: Alex Newsum
Sent: Monday, April 04, 2022 11:14 AM
To: Robert Sinclair
Subject: Larsen
Bob,
1
I apologize, but we made a calendaring mistake on our end. I need to have the trial set for one week later to start on
9/26. I am ok with all other dates we set staying the same, but I'm also open to providing us more time to conduct
expert discovery if you want. I can prepare the stipulation indicating it was due to an error on our end. Let me know.
Alex
2
Exhibit C
. .
1 McCormick; Barstow, Sheppard,
lit Wayte, & Cru;ruth L,LP.
a..
,.
'111:it
r-,.,
2 Ben Nicholson, .#239893
,., ben. nichofson@mccormickbatstow.com
Filed ~: 04/21/2022
Eleclron_lcally: filed by $uper_lor Court of Callfomfa
County of Placer on 04/21/2022
. - Jake Chatters, Clerk of the Court
·
N
~ Alex. N. N ewsu1il, #312344 By A. _Risner Deputy Cler_k
N _alex.newsttm.@mccormickbcirstow.com
-
0
N 4 7647 North-Fresno Street .
0
N
Fresno:>·c'~liforni~-9~720_ _._
~ 5 - Telephone:· · (559) 433-1300
-o F'ac:shi1ile: · (~59) 4~3-2300
s:: 6
Q
·-C
_Q)
Attorneys for Plaintiff/Cross-Defendant
:E::- 7 SBEAA.Y LARSEN, in4iyfdual_ly and dba
E . 8 CALIFORNIA. STATE_ENTERPRiSES
.0
.::::,
0) SUP;ERIOR COURT OF TH~·STATE OF CALIFORNIA
2:- 9
16
(.) COUNTY OF PLACER -
C· 10
0
:...
......
(.).
Q) . 11
w SHERRY LARSEN; individually ~d dba C_ase }fo·. ·S-CV-0045659
12 CAqFORNIA STATE ENTERPRISES, , ' '
ORDER VACATiNG CURRENT TRIAL
13 - Plaintiff, DATES;.CALENi>ARING-CASE FOR -
.FURTHER CASE MANAGEMENT ,) _
14 V. CONFERENCE·;AND EXTENDING
· DISCOVERY · . - -
15 PLACERVALLEY SPORTS COMPLEX,
INC. dba@the Groun,ds,: a California
16 Corporation; and DOES 1-10,,· -
17 Defendant.
·18
AND RELATED CROSS-ACTIONS
19
20
. . '
21 Based upon the stipulatioi-i •of plaii1tiff anci Gross-defen_dant, SHERRY LAR$EN, and
22 defendant and cross-complainant, PLACER VALL~Y SPORTS COMPLEX, INC. dba @the
23 G1~ounds, by and through thefr respective counsel ofr~co~·d; the cotni: e11ters the following order:
24 I fl
25 / II
26 Ill
27 II I
28 II I -
MCCORMICK, BARSTQW,
SHEPPARD, WAYTE &
. CARRUTf:1-LLP ' ORDER VACATING CURRENT TRIAL DATES, CALENDARING CASE FOR FURTHER CASE
;im NORTH FRESNO STREE,:
FRESllO. CA 93720 MANAGEMENT CONFERENCE, AND EXTENDING DISCOVERY.
I. The Civil Trial Con:ference curre.ntly s~t for Septenlber 9, 2022 and trial cun-ently
. ·. . . . . .· .
2 set to begin
. .
011
.
Septe111ber 19~ 202+~ ai'e vacated. The Mandatory Settler'nent Confei-ence set_
. . . . . . .
for
3 Seplember 2~ 2022 sh~ll remain op ~alendar.
2. . The. foilm,ving dat~s ate set fm; frial. and rel.ated. trial iuatters:
5 . ~.--- l· ·N ..,.· b.· · -. 2.0·., 1 at 8:30 a·.m. in bept. TBA . · _ . . .
1 t rn .• O\i em e_r..14:~ ....... Report: to Jury· S~rvices/Master Calenpar.
.6 . Civil TriafConfet'enc~: N
Sent: Thursday, August 4, 2022 12:30 AM
To: Robert Sinclair
Subject: Meet and Confer and Depositions
Attachments: #8191999v1_1MAN_FRE_ - 2022.02.03 Larsen RFPDs to ATG, Set Two [2].pdf; Meet &
Confer Ltr.pdf
Importance: High
Hello Mr. Sinclair,
In reference to our discuss of the rescheduling the deposition for Mr. Bart Ross and myself; Mr. Ross is available after
September 13, 2022. Mr. Ross is a resident of Palm Springs, California, therefore please identify a location within 75
miles of Palm Springs. I would also be available at the same time and same location. If you are not able to schedule my
deposition at the same time please advise a location within 75 miles of Clovis, California and a date after Sept. 5, 2022.
Best regards,
Sherry Larsen
559-284-8468
1
Exhibit J
1111 SINCLAIR WILSON
BALDO & CHAMBERLAIN
IIâ–
ROBERT F. SINCLAIR
ATTORNEYS AT LAW 2390 Professional Drive
Roseville, CA 95661
(916) 783,5281
Fax (916) 783,5232
rsinclair@swbclaw.com
www.swbclaw.com
Paul H. Chamberlain (Dccc:ascd)
August 4, 2022
Sherry Larsen
2511 East Birch Avenue
Clovis, CA 93611
RE: Larsen v. Placer Valley Sports Complex, Inc.
Placer County Superior Court Case No. S-CV-0045659
Dear Ms. Larsen:
I write regarding the process of discovery related to expert witnesses. Previously you
disclosed Bart Ross as a retained expert witness, and Aimee Sisson, M.D., Matthew
Voreyer, and yourself as non-retained expert witnesses.
By stipulation between the parties the court entered an order related to procedures in
the case, including procedures related to expert witness discovery. Within that order ·
the court stated depositions of your disclosed experts were to be completed by
August 5, 2022. To comply with this order, I noticed your deposition for August 3,
2022, and the deposition of Mr .. Ross for August 4, 2022.
I called you on July 27, 2022, to discuss procedures related to these depositions,
including the production of the materials required under the notices as required by
statute. During that call you indicated you had not been in contact with Mr. Ross, that
you were too busy at this time to participate in the deposition process as noticed and
ordered, and that neither you nor Mr. Ross would appear for the depositions as they
were scheduled. Having stated you would not appear for your deposition or produce
Mr. Ross, you suggested the first date you would be available for these depositions
would be sometime in September.
In response to your comments I pointed out to you the court order requiring the
depositions to be completed by August 5, 2022. You acknowledged an understanding
of that order and, despite it, reaffirmed your inability to contact Mr. Ross and your
·personal schedule meant neither of you would participate in the deposition process as
noticed so as to comply with the court's order.
AUBURN AND ROSEVILLE
EST. 1888
August 4, 2022
~age2
Although I was aware of your decision not to participate in the deposition process
based on our telephone conversa.tion, or perhaps because of it, I continued forward with
the deposition process on both August 3, 2022, as to you, and on August 4, 2022, as to
Mr. Ross: On each occasion, at the times designated for the depositions to begin neither
Mr. Ross nor you appeared as required. This failure to appear was noted for the record,
and the depositions were thereafter enq.ed. .
On August 4, 2022, I received an email message fr;m you addressing the status of -these
depositions. In that email you asked that both depositions be taken on September 13,
2022, at locations that do not comply with statute. As a result of the court's order as to
when these depositions were to be completed, I am not able to agree to any. alternative
dates.
Very truly yours,
SINCLAIR WILSON
::LDa~RLAIN
!ot:RTF.SI
RFS/vlc
cc: Client
1 Larsen v. Placer Valley Sports Complex, Inc., et al.
Placer County Superior Court Case No. S-CV-0045659
2
PROOF OF SERVICE
3
I am a resident of the United States and of the State of California. I am employed in the County of
4 Placer. My business address is Sinclair Wilson Baldo & Chamberlain, 23 90 Professional Drive, Roseville,
California, 95661. I am over the age of eighteen (18) and not a party to the within-entitled action. On
5
January 3, 2023, I served the following document(s):
6
DECLARATION OF ROBERT F. SINCLAIR IN OPPOSITION TO PLAINTIFF'S
7
MOTION TO REOPEN DISCOVERY
[ ] MAIL -- By placing, or causing to be placed, a true copy of the document(s) listed above in a sealed
8 envelope with postage thereon fully prepaid, first-class mail, in the United States mail at Roseville,
California, addressed as set forth herein. (CCP §1012, 1013 and 1013(a).) I am familiar with the practice of
9 Sinclair Wilson Baldo & Chamberlain for the collection and processing of correspondence for mailing with
the United States Postal Service. In accordance with the ordinary course of business, the above-mentioned
10 document(s) would have been deposited with the United States Postal Service on the date set forth above.
[ ] PERSONAL SERVICE -- By personally delivering, or causing to be delivered, the document(s) listed above
11
to the person(s) and at the address(es) set forth below. (1) For a party represented by an attorney, delivery
was made to the attorney or at the attorney's office by leaving the documents in an envelope or package,
12 which was clearly labeled to identify the attorney being served, with a receptionist or an individual in charge
of the office, between the hours of 9:00 a.m. and 5:00 p.m. (2) for a party, delivery was made to the party or
13 by leaving the documents at the party's residence or business address with some person not younger than 18
years of age between the hours of 8:00 a.m. and 6:00 p.m. (CCP §1011.)
14
[X] OVERNIGHT DELIVERY - I enclosed the document(s) listed above in an envelope or package provided by
an overnight delivery carrier and addressed to the person(s) at the address(es) referenced herein. The
15 envelope or package was placed for collection and overnight delivery at an office or a regularly utilized drop
box of the overnight delivery carrier.
16
[ ] FACSIMILE -- By causing a true copy of the document(s) listed above to be transmitted by facsimile, to the
17 facsimile telephone number listed adjacent to the name(s) referenced herein; and that the facsimile machine
provided confirmation that the facsimile has been sent correctly. A copy of the transmission report shall be
attached to this proof of service and kept with the file.
18
[ ] BY ELECTRONIC MAIL ("E-Mail")- By transmitting, between the hours of 8:30 a.m. and 5:00 p.m. PDT,
19 from E-Mail address vcanales@swbclaw.com, the document(s) listed above, to the following addresses(s):
20 CHRISTOPHER J. FRY
KRISTINE DU
21 FRY LAW CORPORATION
980 9th Street, 16th Floor
Sacramento, CA 85814
22 Telephone: (916) 291-0700
Facsimile: (916) 848-0256
23 Email: cfry@frylawcorp.com
kdu@frylawcorp.com
24 Attorney for Plaintiff and Cross-Defendant, Sherry Larsen, individually and dba California State
Enterprises
25
(J
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct. Executed on Januazy 3, 2023, at Rose~illeyiifomM
V u:!./Z,CLl- JCt£Jcia
VICKI L. CANALES
)
Preview
1 SINCLAIR WILSON BALDO & CHAMBERLAIN 2 ROBERT F. SINCLAIR (SBN-79193) 23 90 Professional Drive 3 Roseville, CA 95661 Telephone: (916) 783-5281 4 Facsimile: (916) 783-5232 5 Attorneys for Defendant and Cross-Complainant, PLACER VALLEY SPORTS COMPLEX, 6 INC., dba @the Grounds 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF PLACER 10 11 SHERRY LARSEN, individually and dba CASE NO. S-CV-0045659 CALIFORNIA STATE ENTERPRISES, 12 DECLARATION OF ROBERT F. Plaintiff, SINCLAIR IN OPPOSITION TO 13 PLAINTIFF'S MOTION TO REOPEN V. DISCOVERY 14 PLACER VALLEY SPORTS COMPLEX, Date: January 17, 2023 15 INC. dba@the Grounds, a California Time: 8:30 a.m. corporation; and DOES 1-10, inclusive, Dept: 40 16 Trial: April 3, 2023 Defendants. 17 18 AND RELATED CROSS-ACTION 19 20 I, ROBERT F. SINCLAIR, declare: 21 1. I am the attorney for defendant, Placer Valley Sports Complex, Inc. ("PVSC"). I .22 make this declaration in opposition to plaintiffs motion to reopen discovery. 23 2. This action was filed on October 2, 2020, and has been pending for over two 24 years. On June 22, 2021, the court set an initial trial date of April 18, 2022. 25 -1- Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery 1 3. On March 24, 2022, on stipulation of the parties, the court entered an order 2 continuing the trial to September 19, 2022. A true and correct copy of the court's March 24, 3 2022, order is attached as Exhibit A. The order reset various court dates and established 4 deadlines for certain discovery, including the commencement of expert witness depositions. 5 Before signing the order Judge Jones struck a proposed provision which would have allowed the 6 timing of expert witness discovery to be modified upon a showing of good cause. On March 29, 7 2022, plaintiff was given notice of the order. 8 4. On April 21, 2022, on stipulation of the parties, the court entered an order further 9 postponing the trial to November 14, 2022. In her moving papers, plaintiff contends PVSC 10 requested the trial continuance, but this is not accurate. Plaintiffs counsel at the time requested 11 the continuance due to a calendaring mistake on his part. (See email chain attached as 12 Exhibit B.) The court's April 21, 2022, order clarified that the expert witness discovery schedule 13 set forth in the March 24, 2022, order "shall remain in full force and effect." The order also 14 included the following admonition: "The court interprets the submission of agreed upon trial 15 dates as an implicit representation that the parties, trial counsel, all witnesses, and any expert 16 witnesses will be available for the continued trial date." A true copy of the court's April 21, 17 2022 Order is attached as Exhibit C. 18 5. The following written and oral discovery has occurred in this case: 19 Form Interrogatories (Set 1) by PVSC to Larsen 12/2/20 20 Requests for Admission (Set 1) by PVSC to Larsen 12/2/20 21 Demand for Production of Documents (Set 1) by PVSC to Larsen 12/2/20 22 Larsen's Production of Documents to PVSC [Numbered 0001-2421] 1/20/21 23 Form Interrogatories (Set 1) by Larsen to PVSC 4/27/21 24 Special Interrogatories (Set 1) by Larsen to PVSC 4/27/21 25 -2- Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery 1 Requests for Admission (Set 1) by Larsen to PVSC 4/27/21 2 Request for Production of Documents (Set 1) by Larsen to PVSC 4/27/21 3 PVSC's Production of Documents to Larsen [Numbered 0001-0021] 9/10/21 4 PVSC's Production of Documents to Larsen [Numbered 0022-0030] 10/14/21 5 Special Interrogatories (Set 1) by PVSC to Larsen 11/19/21 6 Demand for Production of Documents (Set 2) by PVSC to Larsen 11/19/21 7 Requests for Admission (Set 2) by PVSC to Larsen 12/21/21 8 Deposition of David Attaway taken by Larsen 1/10/22 9 Deposition of Cheryl Goldfarb taken by Larsen 1/10/22 10 PVSC' s Production of Documents to Larsen [Numbered 0031-0099] 1/10/22 11 Special Interrogatories (Set 2) by PVSC to Larsen 1/19/22 12 Larsen's Production of Documents to PVSC [Numbered 2422-2497] 1/27/22 13 Special Interrogatories (Set 2) by Larsen to PVSC 2/3/22 14 Request for Production of Documents (Set 2) by Larsen to PVSC 2/3/22 15 Deposition of Sherry Larsen taken by PVSC 2/11/22 16 Larsen's Production of Documents to PVSC [Numbered 2498-2588] 2/11/22 17 Special Interrogatories (Set 3) by PVSC to Larsen 2/16/22 18 Demand for Production of Documents (Set 3) by PVSC to Larsen 2/16/22 19 Supplemental Interrogatories by Larsen to PVSC 2/17/22 20 Supplemental Requests for Production of Documents by Larsen to PVSC 2/17/22 21 Larsen's Production of Documents to PVSC [Numbered 2589-2607] 2/18/22 22 Deposition of Aimee Sisson taken by PVSC 2/28/22 23 PVSC's Response to Expert Witness Demand 2/28/22 24 Larsen's Expert Witness Disclosure 2/28/22 25 -3- Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery 1 Larsen's Production of Documents to PVSC [Numbered 2484-2519] 6/29/22 2 PVSC's Supplemental Expert Witness Disclosure 8/19/22 3 6. On February 11, 2022, I participated in the deposition of plaintiff. During her 4 deposition plaintiff was asked to provide information regarding her damage claims. In response, 5 plaintiff testified she had not yet determined the extent of her damage claims. 6 7. On February 1, 2022, PVSC served upon plaintiff a demand for disclosure of 7 expert witnesses. On February 28, 2022, plaintiff and PVSC both timely responded to prior 8 demands for disclosures of experts. Plaintiff designated herself as a non-retained expert witness 9 and designated Bart Ross as her sole retained expert witness. Plaintiffs disclosure indicated that 10 plaintiff and Mr. Ross would offer expert testimony regarding, inter alia, plaintiffs alleged 11 damages. Plaintiffs counsel also declared that plaintiff and Mr. Ross would be sufficiently 12 familiar with the pending matter to submit to a meaningful oral deposition concerning any expert 13 opinions and the basis for such. Attached as Exhibit D is a copy of plaintiffs response to the 14 demand for exchange of expert witness information. 15 8. On July 19, 2022, my office served separate notices for commencement of the 16 expert depositions of plaintiff and Bart Ross, and for each deponent's production of documents. 17 Attached hereto as Exhibit E is the notice scheduling the deposition of plaintiff. Attached hereto 18 as Exhibit Fis the notice scheduling the deposition of Mr. Ross. Plaintiffs expert deposition was 19 scheduled for August 3, 2022, beginning at 10:00 a.m. in my office located in Roseville. Mr. 20 Ross's expert deposition was scheduled for August 4, 2022, to begin at 10:00 a.m. in my office 21 located in Roseville. 22 9. On July 27, 2022, I contacted plaintiff by phone to confirm her participation in her 23 deposition on August 3, 2022, Mr. Ross's participation in his deposition scheduled for August 4, 24 2022, and the production of each deponent' s reports and writings as required by Code of Civil 25 -4- Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery 1 Procedure section 2034.415. During this conversation Ms. Larson told me she had not contacted 2 Mr. Ross to inform him of his deposition, she had no documents to produce from his file of 3 reports or writings, and that he would not be present for his deposition. During this conversation 4 Ms. Larsen also told me that she had not gathered together or prepared reports or writings that 5 she needed in order to express an opinion and that she was, to quote her exact words, "too busy" 6 to prepare for and appear at the deposition. Ms. Larsen concluded by stating she would not be 7 available to be deposed until sometime in September 2022. In response to this information I told 8 Ms. Larsen we were under a court order to commence the depositions not later than August 5, 9 2022, I could not postpone the depositions, and that I would therefore proceed with the 10 depositions as they were scheduled. Ms. Larsen indicated to me in response to my comments she 11 was aware of the order but, nevertheless, was too busy to comply with it. 12 10. Prior to August 3, 2022, I did not receive any objection to the notices of 13 deposition of plaintiff or Mr. Ross. 14 11. Prior to August 3, 2022, I did not receive any reports or writings from plaintiff 15 related to her opinion evidence. On August 3, 2022, after waiting an appropriate time after 10:00 16 a.m., in the presence of a court reporter I confirmed plaintiffs failure to appear at and commence 17 her deposition. Attached as Exhibit G is a copy of that transcript, excluding exhibits. 18 12. Prior to August 4, 2022, I did not receive any reports or writings from Mr. Ross 19 related to his opinion evidence. On August 4, 2022, after waiting an appropriate time after 10:00 20 a.m., in the presence of a court reporter I confirmed Mr. Ross's failure to appear at and 21 commence his deposition. Attached as Exhibit H is a copy of that transcript, excluding exhibits. 22 13. On August 4, 2022, at 12:30 a.m., I received by email a message from plaintiff. 23 Attached hereto as Exhibit I is a copy of that message, redacted to remove dialog unrelated to this 24 motion. In the message plaintiff referenced her phone conversation with the undersigned on July 25 -5- Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery 1 27, 2022, said Mr. Ross would be available for deposition sometime after September 13, 2022, 2 and purported to require his deposition be taken at a place within 7 5 miles of Palm Springs, 3 California.· As for her, plaintiff stated she would be available for deposition on the same date and 4 at the same location as Mr. Ross, or, alternatively, sometime after September 5, 2022, at a 5 deposition location within 75 miles of Clovis, California. For the court's information, Clovis, 6 California is located about 263 miles from my office in Roseville, Placer County. 7 14. After receipt of plaintiffs email, I replied to it by letter dated August 4, 2022. 8 Attached as Exhibit J is a copy of my letter reply. In my letter I noted the parties were under a 9 court order to commence the depositions of plaintiff and Mr. Ross not later than August 5, 2022, 10 and I had no ability to postpone commencement of the depositions to a later date. As to 11 plaintiffs suggested deposition locations, I also noted the location for the depositions demanded 12 by plaintiff did not comply with statute. 13 15. On August 19, 2022, PVSC submitted a Supplemental Expert Disclosure. This 14 disclosure was submitted timely in compliance with the court's March 24, 2022, order. 15 16. Prior to November 14, 2022, I received no further communications from plaintiff 16 on the subject of the depositions of plaintiff or Mr. Ross in response or related to the depositions 17 of experts. I have not received any expert documents from plaintiff. 18 17. Prior to submittal of PVSC's Motion in Limine No. 1, I contacted plaintiff in an 19 effort to meet and confer with regard to the motion. Plaintiff did not respond to the meet and 20 confer effort and I was unsuccessful in obtaining an agreement on the motion. 21 18. Plaintiff was initially represented in this action by counsel. On May 12, 2022, for 22 reasons which were stated in counsel's motion to be confidential, plaintiffs counsel moved to 23 withdraw from this action. The court granted counsel's motion over five months ago, on June 24 29, 2022. 25 -6- Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery 1 19. On August 26, 2022, plaintiff, acting in pro per, filed a 10-page Settlement 2 Conference Statement in which she demanded payment of $1,893,063.00. On September 2, 3 2022, plaintiff participated and negotiated her interests at the settlement conference without 4 needing counsel. On September 7, 2022, plaintiff, still acting in pro per, moved to compel 5 responses to certain discovery from PVSC. In her motion, plaintiff acknowledged she had 6 retained an attorney to assist her with preparing the motion. On November 4, 2022, plaintiff 7 appeared at and participated in the Trial Setting Conference without needing counsel. 8 20. PVSC would be prejudiced if the court grants plaintiffs motion. I have fully 9 prepared the case for trial based on the status of discovery as of the previously scheduled trial 10 date of November 14, 2022. Reopening discovery to complete expert depositions will lead to 11 further, significant preparation and litigation expenses. 12 21. PVSC has incurred attorney's fees in opposing plaintiffs motion as follows: I 13 have expended 8.8 hours opposing plaintiffs motion to reopen discovery. I expect to spend 14 another 1-2 hours reviewing any reply that might be served and appearing at the hearing on the 15 motion. My hourly billing rate in this matter is $400.00. In addition, another attorney from my 16 office, Scott Christensen, expended 17 .1 hours in preparation of the opposition papers. His 17 hourly billing rate is $300.00. To date, PVSC has incurred $8,650.00 in opposing plaintiffs 18 motion. The above amount reflects the significance of the motion, the research required to 19 address a motion to reopen discovery seeking to alter a prior discovery order, and addressing the 20 facts underlying plaintiffs claim of a good cause. Although the time stated above has been 21 incurred, PVSC requests that plaintiff and plaintiffs attorney, Christopher J. Fry, be ordered to 22 pay monetary sanctions to plaintiff in the sum of $5,000.00. 23 22. Each of the documents attached to this declaration is a true and correct copy of the 24 original and incorporated herein by this reference. 25 -7- Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery 1 I declare under penalty of perjury under the laws of the State of California that the 2 foregoing is true and correct, of my own personal knowledge and if called upon as a witness 3 could competently testify thereto. 4 Executed on January 3, 2023, at Roseville, CalifoR M ~ 5 6 ROBERT'F. SINC:CAIR 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -8- Declaration of Robert F. Sinclair In Opposition to Plaintiff's Motion to Reopen Discovery Exhibit A 1 SINCLAIR Wll.,SON Filed - 03/24/2022 Eleclronlcally flied by Supertor Court qf California BALDO & CHAMBERLAIN County of Placer on 03/24/2022 2 ROBERT F. SINCLAIR (SBN-79193) Jake Chatters, Clerk of the Court · By A. _Risner Deputy Clerk 2390 Professional Drive 3 Roseville, CA 95661 Telephone.: .(916).1.83.-5281 _ 4 Facsimile: (916) 783-5232 5 Attorneys for Defendant and Cross- Complainant, PLACER VALLEY SPORTS 6 · COMPLEX, INC., dba·@the Grounds 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF PLACER 10 11 SHERRY LARSEN, individually and dba CASE NO. S-CV-0045659 CALIFORNIA STATE ENTERPRISES, 12 ORDER CONTINUING TRiAL,.CML Plaintiff, TRiAL CONFERENCE, AND 13 MANDATORY SETTLEMENT v. CO_NFERENCE, AND EXTENDING 14 DISCOVERY PLACER VALLEY SPORTS COMPLEX, 15 INC. dba @the Grounds, a California corporation; and DOES 1-10, inclusive, 16 Defendants. 17 . 18 AND RELATED CROSS-ACTION 19 20 Based upon the stipulation of plaintiff and cross-defendant, SHERRY LARSEN, and 21 defendant and 'cross-complainant, PLACER VALLEY SPORTS COMPLEX, INC. dba @the 22 Grounds, by and through their respective counsel of record, the court enters the following order: 23 1. The Mandatory Settlement Conference currently set for April 1, 2022, the Civil 24 Trial Conference currently set for April 8, 2022, and trial currently set to begin on April 18, 25 2022, are vacated. -1- Order Continuing Trial, Civil Trial Conference, and Mandatory Settlement Conference, and Extending Discovery 1 2. The following dates are set for trial and related trial matters: at 8:30 a.m. in Dept. TBA 2 Trial: September 19, 2022-Report to Jury Services/ Master Calendar. 3 Civil Trial Conference: September 9, 2022 at 8:30 a.m., Dept. 42 4 Mandatory Settlement Conference: September 2, 2022 at 8:30 a.m. in Dept. TBA. Report to Jury Services/Master Calendar. 5 3•. Discovery is stayed until July 1, 2022. 6 4. All responses to non-exp~rt discovery timely served by the parties calculated 7 based upon the original trial date of April ·1s, 2022, are extended such that all non-expert 8 discovery responses shall be due on June 30, 2022. All motions concerning non-expert discovery 9 must be brought not later than 15 days prior to the newly scheduled trial date. Except as stated in 10 this paragraph, the cutoff for non-expert discovery shall be as set forth in Code of Civil 11 Procedure section 2024.020. 12 5. Depositions of plaintiffs previously disclosed experts shall be comp:ienced on or 13 before August 5, 2022·. Defendant's supplemental disclosure of expert witnesses shall be served 14 on or before August 19, 2022. Depositions of expert witnesses disclosed by defendant by 15 supplemental disclosure shall be commenced not later than September 16, 2022. Motions 16 concerning expert discovery must be brought prior to the commencement of trial. Except as 17 stated in this paragraph, the discovery cutoff for expert discovery shall be as set forth in Code of 18 Civil Procedure section 2024.030. 19 Ill IT IS SO ORDERED. 20 Ill 21 Ill Date: March 24, 2022 22 Ill 23 Ill 24 Ill 25 Ill -2- Order Continuing Trial, Civil Trial Conference, and Mandatory Settlement Conference, and Extending DiscovenJ · 1 6. 'fhc ttbouc shall be subject to futthct mdc1 ofeourt for good em:tse shoGitn. 2 :R' IS SO ORQBMQ. 3 JtJDM OF Im; 5UP~itr0~ Cotrr Sent: Thursday, April 07, 2022 2:45 PM To: Robert Sinclair Subject: RE: Larsen I think Nov. 14th will work, but let me double check and get back to you. Thanks. From: Robert Sinclair Sent: Tuesday, April 5, 2022 3:22 PM To: Alex Newsum Subject: RE: Larsen Alex: Mistakes happen. I'm ok with changing the date but the last week of September and October are not good for me. I'll need to go to mid-November as I have a trial set for October 24, 2022, and the Placer County court trails cases for two weeks. November 14 would be might first available date. Best regards, Robert F. (Bob)Sinclair Sinclair Wilson Baldo & Chamberlain Established 1888 2390 Professional Drive Roseville, CA 95661 T 916- 783-5281 F 916-783-5232 rsinclair@swbclaw.com Sr.NCI.AIR W1LsoN )3,ALDO & CHAMBERLAlN ATi'(JKN:t;!~'.!i AT LAW CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you have received this communication in error, please contact Sinclair Wilson Baldo and Chamberlain at (916) 783-5281. Thank you. From: Alex Newsum Sent: Monday, April 04, 2022 11:14 AM To: Robert Sinclair Subject: Larsen Bob, 1 I apologize, but we made a calendaring mistake on our end. I need to have the trial set for one week later to start on 9/26. I am ok with all other dates we set staying the same, but I'm also open to providing us more time to conduct expert discovery if you want. I can prepare the stipulation indicating it was due to an error on our end. Let me know. Alex 2 Exhibit C . . 1 McCormick; Barstow, Sheppard, lit Wayte, & Cru;ruth L,LP. a.. ,. '111:it r-,., 2 Ben Nicholson, .#239893 ,., ben. nichofson@mccormickbatstow.com Filed ~: 04/21/2022 Eleclron_lcally: filed by $uper_lor Court of Callfomfa County of Placer on 04/21/2022 . - Jake Chatters, Clerk of the Court · N ~ Alex. N. N ewsu1il, #312344 By A. _Risner Deputy Cler_k N _alex.newsttm.@mccormickbcirstow.com - 0 N 4 7647 North-Fresno Street . 0 N Fresno:>·c'~liforni~-9~720_ _._ ~ 5 - Telephone:· · (559) 433-1300 -o F'ac:shi1ile: · (~59) 4~3-2300 s:: 6 Q ·-C _Q) Attorneys for Plaintiff/Cross-Defendant :E::- 7 SBEAA.Y LARSEN, in4iyfdual_ly and dba E . 8 CALIFORNIA. STATE_ENTERPRiSES .0 .::::, 0) SUP;ERIOR COURT OF TH~·STATE OF CALIFORNIA 2:- 9 16 (.) COUNTY OF PLACER - C· 10 0 :... ...... (.). Q) . 11 w SHERRY LARSEN; individually ~d dba C_ase }fo·. ·S-CV-0045659 12 CAqFORNIA STATE ENTERPRISES, , ' ' ORDER VACATiNG CURRENT TRIAL 13 - Plaintiff, DATES;.CALENi>ARING-CASE FOR - .FURTHER CASE MANAGEMENT ,) _ 14 V. CONFERENCE·;AND EXTENDING · DISCOVERY · . - - 15 PLACERVALLEY SPORTS COMPLEX, INC. dba@the Groun,ds,: a California 16 Corporation; and DOES 1-10,,· - 17 Defendant. ·18 AND RELATED CROSS-ACTIONS 19 20 . . ' 21 Based upon the stipulatioi-i •of plaii1tiff anci Gross-defen_dant, SHERRY LAR$EN, and 22 defendant and cross-complainant, PLACER VALL~Y SPORTS COMPLEX, INC. dba @the 23 G1~ounds, by and through thefr respective counsel ofr~co~·d; the cotni: e11ters the following order: 24 I fl 25 / II 26 Ill 27 II I 28 II I - MCCORMICK, BARSTQW, SHEPPARD, WAYTE & . CARRUTf:1-LLP ' ORDER VACATING CURRENT TRIAL DATES, CALENDARING CASE FOR FURTHER CASE ;im NORTH FRESNO STREE,: FRESllO. CA 93720 MANAGEMENT CONFERENCE, AND EXTENDING DISCOVERY. I. The Civil Trial Con:ference curre.ntly s~t for Septenlber 9, 2022 and trial cun-ently . ·. . . . . .· . 2 set to begin . . 011 . Septe111ber 19~ 202+~ ai'e vacated. The Mandatory Settler'nent Confei-ence set_ . . . . . . . for 3 Seplember 2~ 2022 sh~ll remain op ~alendar. 2. . The. foilm,ving dat~s ate set fm; frial. and rel.ated. trial iuatters: 5 . ~.--- l· ·N ..,.· b.· · -. 2.0·., 1 at 8:30 a·.m. in bept. TBA . · _ . . . 1 t rn .• O\i em e_r..14:~ ....... Report: to Jury· S~rvices/Master Calenpar. .6 . Civil TriafConfet'enc~: N Sent: Thursday, August 4, 2022 12:30 AM To: Robert Sinclair Subject: Meet and Confer and Depositions Attachments: #8191999v1_1MAN_FRE_ - 2022.02.03 Larsen RFPDs to ATG, Set Two [2].pdf; Meet & Confer Ltr.pdf Importance: High Hello Mr. Sinclair, In reference to our discuss of the rescheduling the deposition for Mr. Bart Ross and myself; Mr. Ross is available after September 13, 2022. Mr. Ross is a resident of Palm Springs, California, therefore please identify a location within 75 miles of Palm Springs. I would also be available at the same time and same location. If you are not able to schedule my deposition at the same time please advise a location within 75 miles of Clovis, California and a date after Sept. 5, 2022. Best regards, Sherry Larsen 559-284-8468 1 Exhibit J 1111 SINCLAIR WILSON BALDO & CHAMBERLAIN II■ROBERT F. SINCLAIR ATTORNEYS AT LAW 2390 Professional Drive Roseville, CA 95661 (916) 783,5281 Fax (916) 783,5232 rsinclair@swbclaw.com www.swbclaw.com Paul H. Chamberlain (Dccc:ascd) August 4, 2022 Sherry Larsen 2511 East Birch Avenue Clovis, CA 93611 RE: Larsen v. Placer Valley Sports Complex, Inc. Placer County Superior Court Case No. S-CV-0045659 Dear Ms. Larsen: I write regarding the process of discovery related to expert witnesses. Previously you disclosed Bart Ross as a retained expert witness, and Aimee Sisson, M.D., Matthew Voreyer, and yourself as non-retained expert witnesses. By stipulation between the parties the court entered an order related to procedures in the case, including procedures related to expert witness discovery. Within that order · the court stated depositions of your disclosed experts were to be completed by August 5, 2022. To comply with this order, I noticed your deposition for August 3, 2022, and the deposition of Mr .. Ross for August 4, 2022. I called you on July 27, 2022, to discuss procedures related to these depositions, including the production of the materials required under the notices as required by statute. During that call you indicated you had not been in contact with Mr. Ross, that you were too busy at this time to participate in the deposition process as noticed and ordered, and that neither you nor Mr. Ross would appear for the depositions as they were scheduled. Having stated you would not appear for your deposition or produce Mr. Ross, you suggested the first date you would be available for these depositions would be sometime in September. In response to your comments I pointed out to you the court order requiring the depositions to be completed by August 5, 2022. You acknowledged an understanding of that order and, despite it, reaffirmed your inability to contact Mr. Ross and your ·personal schedule meant neither of you would participate in the deposition process as noticed so as to comply with the court's order. AUBURN AND ROSEVILLE EST. 1888 August 4, 2022 ~age2 Although I was aware of your decision not to participate in the deposition process based on our telephone conversa.tion, or perhaps because of it, I continued forward with the deposition process on both August 3, 2022, as to you, and on August 4, 2022, as to Mr. Ross: On each occasion, at the times designated for the depositions to begin neither Mr. Ross nor you appeared as required. This failure to appear was noted for the record, and the depositions were thereafter enq.ed. . On August 4, 2022, I received an email message fr;m you addressing the status of -these depositions. In that email you asked that both depositions be taken on September 13, 2022, at locations that do not comply with statute. As a result of the court's order as to when these depositions were to be completed, I am not able to agree to any. alternative dates. Very truly yours, SINCLAIR WILSON ::LDa~RLAIN !ot:RTF.SI RFS/vlc cc: Client 1 Larsen v. Placer Valley Sports Complex, Inc., et al. Placer County Superior Court Case No. S-CV-0045659 2 PROOF OF SERVICE 3 I am a resident of the United States and of the State of California. I am employed in the County of 4 Placer. My business address is Sinclair Wilson Baldo & Chamberlain, 23 90 Professional Drive, Roseville, California, 95661. I am over the age of eighteen (18) and not a party to the within-entitled action. On 5 January 3, 2023, I served the following document(s): 6 DECLARATION OF ROBERT F. SINCLAIR IN OPPOSITION TO PLAINTIFF'S 7 MOTION TO REOPEN DISCOVERY [ ] MAIL -- By placing, or causing to be placed, a true copy of the document(s) listed above in a sealed 8 envelope with postage thereon fully prepaid, first-class mail, in the United States mail at Roseville, California, addressed as set forth herein. (CCP §1012, 1013 and 1013(a).) I am familiar with the practice of 9 Sinclair Wilson Baldo & Chamberlain for the collection and processing of correspondence for mailing with the United States Postal Service. In accordance with the ordinary course of business, the above-mentioned 10 document(s) would have been deposited with the United States Postal Service on the date set forth above. [ ] PERSONAL SERVICE -- By personally delivering, or causing to be delivered, the document(s) listed above 11 to the person(s) and at the address(es) set forth below. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package, 12 which was clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office, between the hours of 9:00 a.m. and 5:00 p.m. (2) for a party, delivery was made to the party or 13 by leaving the documents at the party's residence or business address with some person not younger than 18 years of age between the hours of 8:00 a.m. and 6:00 p.m. (CCP §1011.) 14 [X] OVERNIGHT DELIVERY - I enclosed the document(s) listed above in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) at the address(es) referenced herein. The 15 envelope or package was placed for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 16 [ ] FACSIMILE -- By causing a true copy of the document(s) listed above to be transmitted by facsimile, to the 17 facsimile telephone number listed adjacent to the name(s) referenced herein; and that the facsimile machine provided confirmation that the facsimile has been sent correctly. A copy of the transmission report shall be attached to this proof of service and kept with the file. 18 [ ] BY ELECTRONIC MAIL ("E-Mail")- By transmitting, between the hours of 8:30 a.m. and 5:00 p.m. PDT, 19 from E-Mail address vcanales@swbclaw.com, the document(s) listed above, to the following addresses(s): 20 CHRISTOPHER J. FRY KRISTINE DU 21 FRY LAW CORPORATION 980 9th Street, 16th Floor Sacramento, CA 85814 22 Telephone: (916) 291-0700 Facsimile: (916) 848-0256 23 Email: cfry@frylawcorp.com kdu@frylawcorp.com 24 Attorney for Plaintiff and Cross-Defendant, Sherry Larsen, individually and dba California State Enterprises 25 (J I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Januazy 3, 2023, at Rose~illeyiifomM V u:!./Z,CLl- JCt£Jcia VICKI L. CANALES )