Preview
MarkE. Ellis-127159
1 Omid Shabani - 267447
ELLIS LAW GROUP, LLP
2 1425 River Park Drive, Suite 400
Sacramento, CA 95815
3 Tel: (916) 283-8820
Fax:(916)283-8821
4
Attomeys for
5 DEFENDANT JAMES LONGORIA AUG f 2 2022
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
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CHARLES SOMERS, individually and as CaseNo.: 34-2018-00229212
12 tiiistee for the CHARLES SOMERS LIVING
TRUST, NOTICE OF ERRATA TO CORRECT
13 DEFENDANT'S SEPARATE STATEMENT
Plaintiff, OF UNDISPUTED FACTS IN SUPPORT OF
14 HIS MOTION FOR SUMMARY
v. JUDGMENT, OR ALTERNATIVELY
15 SUMMARY ADJUDICATION
DR. JAMES LONGORIA, an individual and
16 DOES 1-10, DATE: September 22, 2022
TIME: 9:00 A.M.
17 Defendant. DEPT: 54
Reservation No.: 2639525
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Dale Complaint Filed: March 16, 2018
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Trial Date: October 24, 2022
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TO PLAINTIFFS AND THEIR COUNSEL OF RECORD:
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PLEASE TAKE NOTICE that Defendant Dr. James Longoria, by and through his counsel of
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record, hereby provides this Notice of Errata to correct the Separate Statement of Undisputed Facts
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previously filed and served in support of his Motion for Summary Judgment, or altematively Summary
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Adjudication.
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NOTICE o r ERATA TO CORRECT DEI-ENDAN'I"S SEPARATE STATEMENT 01- UNDISPUTED FACTS IN SUPPORT OF HIS
MO TION FOR SUMMARY JUDGMENT. OR AETERNATIVEEY SUMMARY ADJUDICATION
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2 DECLARATION OF MARK E. ELLIS
3 On July 8,2022, my office, on behalf of Defendant Dr. James Longoria filed and served a Motion
4 for Summary Judgment, or Alternatively Summary Adjudication, with all supporting papers, including
5 the Separate Statement of Undisputed Facts. The Motion is set to be heard on September 22, 2022, in
6 Department 54 of this Court.
7 On August 8, 2022, opposing counsel's office called defense counsel's office and requested an
8 electronic copy of the Separate Statement in Word format. One of my Legal Assistants, Jennifer Mueller,
9 provided opposing counsel with a Word formatted version of the Separate Statement. Subsequently, Ms.
10 Mueller was informed by Linda Cortez of Plaintiff s counsel's office that the version she sent did not
11 match what was filed with the Court.
12 Upon review of what was filed with the Court, it has come to my attention that the filed Separate
13 Statement was actually pulled from a corrupted draft version in our system superseded by the intended
14 final version. In the version filed with the Court, the automatic numbering was not consistent, and there
15 were several facts somehow imbedded and carried over into other issues. This had been corrected in the
16 intended final version.
17 We are hereby serving the correct document, that is the actual final version of the Separate
18 Statement intended to have been served in support of Defendant's Motion for Summary Judgment, or
19 Altematively Summary Adjudication. This problem came to my attention on Wednesday moming,
20 August 10, 2022. This Errata is being filed as soon as possible after I became aware of the problem and
21 I was able to review and ascertain what caused the numbering discrepancy in the documents in the first
22 place. Today, August 11, 2022, we made Plaintiffs counsel aware that Defendant will be filing and
23 serving this Errata to correct and replace the mistakenly-filed draft Separate Statement of Undisputed
24 Facts. We have also served an electronic copy in Word format of the correct Separate Statement of
25 Undisputed Facts to Plaintiffs counsel today, August 11, 2022.
26 Defense counsel apologizes to the Court and to Plaintiffs counsel for this inadvertent
27 misnumbering and asks that the attached Correct Separate Statement be considered in place of the
28 previously filed Separate Statement document. There have been no new undisputed facts added or in
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NOTICE OF ERATA TO CORRECT DEFENDAN T'S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF HIS
MOTION FOR SUMMARY JUDGMENT. OR ALTERNATIVELY SUMMARY ADJUDICATION
1 any way changed from the originalfiledon July 8, 2022, other than to remove the imbedded, misplaced
2 facts and the re-numbering. This does not affect the evidence submitted or the Memorandum of Points
3 and Authorities.
4 Plaintiffs Opposition to Defendants Motion for Summary Judgment is due on September 8,
5 2022.
6 I declare under penalty of perjury under the laws of the State of California that based on my own
7 personal knowledge, the above statements are true and correct.
8 Dated: August 11, 2022
ELLIS
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lark a Eli
11 l^ttornfsy for
DEFENDANT JAMES LONGORIA
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NOTICE OF ERATA TO CORRECT DEFENDANT'S SEPARATE STA l EMIrlN T OF UNDISPUTED FACTS IN SUPPORT OF HIS
MOTION FOR SUMMARY JUDGMENT, OR ALTERNA TIVELY SUMMARY ADJUDICATION
CERTIFICATE OF SERVICE
I, Rosanne Estrella, declare:
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I am a citizen of the United States, am over the age of eighteen ^tipq.m ;n.ot a party to or
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interested in the within entitled cause. My business address is 142^ Rivjer Park Drive, Suite 400,
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Sacramento, CA 95815.
5 Bv,-
On August 11, 2022,1 served the following document(s) on the^rtigsliT'the within action:
6
NOTICE OF ERATA TO CORRECT DEFENDANT'S SEPARATE STATEMENT OF
7 UNDISPUTED FACTS IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT,
OR ALTERNATIVELY SUMMARY ADJUDICATION
8 CERTIFICATE OF SERVICE
9
BY E-MAIL TRANSMISSION: The above-described document(s) will be electronically
10 served through this firm's e-mail system to the e-mail address(es) of the following
individual email addresses. The email address has been provided to this firm, and is part
11 ofthe record for this matter.
12 William R. Warne Attorneys for
Downey Brand, LLP PlaintiffCHARLES SOMERS
13 621 Capitol Mall, 18th Floor
14 Sacramento, CA 95814
bwarne@downevbrand.com
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Bradley C. Carroll Attorneys for
16 Downey Brand, LLP Plaintiff, CHARLES SOMERS
621 Capitol Mall, 18th Floor
17 Sacramento, CA 95814
18 bcarroll(g),downevbrand.com
19 Annie S. Amaral Attomeys for
Downey Brand LLP Plaintiff, CHARLES SOMERS
20 621 Capitol Mall, 18th Floor
Sacramento, CA 95814
21 aamaral@downevbrand.com
22
23 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is
24 a true and correct statement and that this Certificate was executed on August 11, 2022.
25
26 By.
Rosanne Estrella
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NOTICE OF ERATA TO CORRECT DEFENDANT'S SEPARA TE STA TEMENT OF UNDISPU TED FACTS IN SUPPORT OF HIS
MOTION FOR SUMMARY JUDGMENT. OR ALTERNATIVELY SUMMARY ADJUDICATION
Preview
MarkE. Ellis-127159 1 Omid Shabani - 267447 ELLIS LAW GROUP, LLP 2 1425 River Park Drive, Suite 400 Sacramento, CA 95815 3 Tel: (916) 283-8820 Fax:(916)283-8821 4 Attomeys for 5 DEFENDANT JAMES LONGORIA AUG f 2 2022 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 CHARLES SOMERS, individually and as CaseNo.: 34-2018-00229212 12 tiiistee for the CHARLES SOMERS LIVING TRUST, NOTICE OF ERRATA TO CORRECT 13 DEFENDANT'S SEPARATE STATEMENT Plaintiff, OF UNDISPUTED FACTS IN SUPPORT OF 14 HIS MOTION FOR SUMMARY v. JUDGMENT, OR ALTERNATIVELY 15 SUMMARY ADJUDICATION DR. JAMES LONGORIA, an individual and 16 DOES 1-10, DATE: September 22, 2022 TIME: 9:00 A.M. 17 Defendant. DEPT: 54 Reservation No.: 2639525 18 Dale Complaint Filed: March 16, 2018 19 Trial Date: October 24, 2022 20 21 22 TO PLAINTIFFS AND THEIR COUNSEL OF RECORD: 23 PLEASE TAKE NOTICE that Defendant Dr. James Longoria, by and through his counsel of 24 record, hereby provides this Notice of Errata to correct the Separate Statement of Undisputed Facts 25 previously filed and served in support of his Motion for Summary Judgment, or altematively Summary 26 Adjudication. 27 28 -1 - NOTICE o r ERATA TO CORRECT DEI-ENDAN'I"S SEPARATE STATEMENT 01- UNDISPUTED FACTS IN SUPPORT OF HIS MO TION FOR SUMMARY JUDGMENT. OR AETERNATIVEEY SUMMARY ADJUDICATION 1 2 DECLARATION OF MARK E. ELLIS 3 On July 8,2022, my office, on behalf of Defendant Dr. James Longoria filed and served a Motion 4 for Summary Judgment, or Alternatively Summary Adjudication, with all supporting papers, including 5 the Separate Statement of Undisputed Facts. The Motion is set to be heard on September 22, 2022, in 6 Department 54 of this Court. 7 On August 8, 2022, opposing counsel's office called defense counsel's office and requested an 8 electronic copy of the Separate Statement in Word format. One of my Legal Assistants, Jennifer Mueller, 9 provided opposing counsel with a Word formatted version of the Separate Statement. Subsequently, Ms. 10 Mueller was informed by Linda Cortez of Plaintiff s counsel's office that the version she sent did not 11 match what was filed with the Court. 12 Upon review of what was filed with the Court, it has come to my attention that the filed Separate 13 Statement was actually pulled from a corrupted draft version in our system superseded by the intended 14 final version. In the version filed with the Court, the automatic numbering was not consistent, and there 15 were several facts somehow imbedded and carried over into other issues. This had been corrected in the 16 intended final version. 17 We are hereby serving the correct document, that is the actual final version of the Separate 18 Statement intended to have been served in support of Defendant's Motion for Summary Judgment, or 19 Altematively Summary Adjudication. This problem came to my attention on Wednesday moming, 20 August 10, 2022. This Errata is being filed as soon as possible after I became aware of the problem and 21 I was able to review and ascertain what caused the numbering discrepancy in the documents in the first 22 place. Today, August 11, 2022, we made Plaintiffs counsel aware that Defendant will be filing and 23 serving this Errata to correct and replace the mistakenly-filed draft Separate Statement of Undisputed 24 Facts. We have also served an electronic copy in Word format of the correct Separate Statement of 25 Undisputed Facts to Plaintiffs counsel today, August 11, 2022. 26 Defense counsel apologizes to the Court and to Plaintiffs counsel for this inadvertent 27 misnumbering and asks that the attached Correct Separate Statement be considered in place of the 28 previously filed Separate Statement document. There have been no new undisputed facts added or in -2- NOTICE OF ERATA TO CORRECT DEFENDAN T'S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT. OR ALTERNATIVELY SUMMARY ADJUDICATION 1 any way changed from the originalfiledon July 8, 2022, other than to remove the imbedded, misplaced 2 facts and the re-numbering. This does not affect the evidence submitted or the Memorandum of Points 3 and Authorities. 4 Plaintiffs Opposition to Defendants Motion for Summary Judgment is due on September 8, 5 2022. 6 I declare under penalty of perjury under the laws of the State of California that based on my own 7 personal knowledge, the above statements are true and correct. 8 Dated: August 11, 2022 ELLIS 9 10 lark a Eli 11 l^ttornfsy for DEFENDANT JAMES LONGORIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF ERATA TO CORRECT DEFENDANT'S SEPARATE STA l EMIrlN T OF UNDISPUTED FACTS IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT, OR ALTERNA TIVELY SUMMARY ADJUDICATION CERTIFICATE OF SERVICE I, Rosanne Estrella, declare: 2 I am a citizen of the United States, am over the age of eighteen ^tipq.m ;n.ot a party to or 3 interested in the within entitled cause. My business address is 142^ Rivjer Park Drive, Suite 400, 4 Sacramento, CA 95815. 5 Bv,- On August 11, 2022,1 served the following document(s) on the^rtigsliT'the within action: 6 NOTICE OF ERATA TO CORRECT DEFENDANT'S SEPARATE STATEMENT OF 7 UNDISPUTED FACTS IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY SUMMARY ADJUDICATION 8 CERTIFICATE OF SERVICE 9 BY E-MAIL TRANSMISSION: The above-described document(s) will be electronically 10 served through this firm's e-mail system to the e-mail address(es) of the following individual email addresses. The email address has been provided to this firm, and is part 11 ofthe record for this matter. 12 William R. Warne Attorneys for Downey Brand, LLP PlaintiffCHARLES SOMERS 13 621 Capitol Mall, 18th Floor 14 Sacramento, CA 95814 bwarne@downevbrand.com 15 Bradley C. Carroll Attorneys for 16 Downey Brand, LLP Plaintiff, CHARLES SOMERS 621 Capitol Mall, 18th Floor 17 Sacramento, CA 95814 18 bcarroll(g),downevbrand.com 19 Annie S. Amaral Attomeys for Downey Brand LLP Plaintiff, CHARLES SOMERS 20 621 Capitol Mall, 18th Floor Sacramento, CA 95814 21 aamaral@downevbrand.com 22 23 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is 24 a true and correct statement and that this Certificate was executed on August 11, 2022. 25 26 By. Rosanne Estrella 27 28 4- NOTICE OF ERATA TO CORRECT DEFENDANT'S SEPARA TE STA TEMENT OF UNDISPU TED FACTS IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT. OR ALTERNATIVELY SUMMARY ADJUDICATION