Order: Charles Somers vs. Dr. James Longoria

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                                SUPERIOR C O U R T O F C A L I                                      llS^V OF SACRAMENTO
                 O R D E R DETERMINING DIS                  \ t m jtUE      F^r:^i^PPLICATION

Case Name                                                                     ^SSS^'SurnbeT
                                                                    DEPT. tfsn


Type of Application O^^r          ^1   ^\\ fc                                     Application Date

Names of Appearing Party                         Representing


                                                   11 ^C\Mpic\ S^Swvi2feS

The Court, having considered the above entitled ex parte application     [IlwithoLit a hearing    • after hearing
with appearance as noted above, rules as follows:

33^fie application is granted.




• The application is denied on the merits of the papers presented to the Court.




 • The application is denied without prejudice to its resubmission for the following reason(s):




r                           > •'
         nbving party may not proceed except by noticed niotion.




 •   Counsel for the.                                                           ctrdered to Dra^reiermal order.


               12^
                          DATE                                                JUDOrOF THE SUPERIOR COUR-T

  CI-150 (10/2006) ORIGINAL-CASE FILE YELLOW-SUBMITTING PARTY PINK-OFFICE COPY              S T E V E N iH. R O D D A
      1   DOWNEY BRAND LLP
                                                                  ENDORSE
          WILLIAM R. WARNE (Bar No. 141280)                       281B JUL25 PH |:39
      2   ANNIE S. AMARAL (Bar No. 238189)
          AVALON J. FITZGERALD (Bar No. 288167)                   SACRAMLNTO COURTS
      3   621 Capitol Mall, 18th Floor                                DEPT. .«S4
          Sacramento, CA 95814-4731
      4   Telephone:    916.444.1000
          Facsimile:    916.444.2100
      5   b wame@downeybrand. com
          aamaral @do wneybrand. com
      6   afitzgerald@downeybrand. com

      7   Attomeys for Plaintiff
          CHARLES SOMERS, individually and as trustee for the
      8   CHARLES SOMERS LIVING TRUST
      9                                     SUPERIOR COURT OF CALIFORNIA
     10                                         COUNTY OF SACRAMENTO
     11
     12   CHARLES SOMERS, individually and as                  CASE NO. 34-2018-00229212
PH        trustee for the CHARLES SOMERS
     13   LIVING TRUST,
Q
"A   14                     Plaintiff,
<                                                              STIPULATION TO CONTINUE HEARING
Pi
PQ   15               V.                                       ON MOTION TO DISQUALIFY WILLLVM R.
>^                                                             WARNE AND DOWNEY BRAND, LLP AS
Ui   16   DR. JAMES LONGORIA, an individual,                   COUNSEL
          and DOES 1-10,
O    17
Q                           Defendant.
     18
                                                              Complaint Filed: March 16, 2018
     19                                                       Trial Date:      TBD

     20
     21               Plaintiff CHARLES SOMERS, individually and as trustee for the CHARLES SOMERS

     22   LIVING TRUST ("Plaintiff') and Defendant DR. JAMES LONGORIA ("Defendant"), by and

     23   through their respective counsel, hereby stipulate and agree as follows:

     24               1.    On July 6, 2018, Defendant noticed a motion to disqualify William R. Wame and

     25   Downey Brand LLP as counsel for Plaintiff in this matter.

     26               2.    The hearing on the motion to disqualify was noticed for August 8, 2018.

     7                3.    Mr. Wame is unable to attend the hearing in person or telephonically on August 8,

     28   2018, as he will be traveling out ofthe country on a prescheduled family vacation.
          1526197.1                                           \


                                         STIPULATION TO CONTINUE MOTION TO DISQUALIFY
      1
                 4.      The parties therefore agree to continue the hearing on the motion for
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          disqualification, and all associated deadlines, to August 17, 2018.
      3
                 In light ofthe foregoing, IT IS HEREBY STIPULATED by and between the parties,
      4
          through their respective attomeys of record, that the hearing on Defendant's Motion to Disqualify
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          William R. Wame and Downey Brand LLP shall be continued to August 17, 2018, at 9:00 a.m.,
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          and all related deadlines shall be continued accordingly.
      7
      8   DATED: July 25, 2018                       DOWNEY BRAND LLP
      9
     10                                              By:_ ^   ^   ^   ^
     11                                                               W I I ^ I A M Ry^ftRNE
                                                                       ANNIE S. AMARAL
     12                                                              AVALON J. FITZGERALD
                                                                       Attomey for Plaintiff
     13                                                    CHARLES SOMERS, individually and as trustee
Q                                                           for the CHARLES SOMERS LIVING TRUST
     14
<
OQ   15
          DATED: July 25, 2018                       THE LAW FIRM OF JAN DUDENSING
     16
>^
     17
o                                                    By:
     18                                                       as authorize^^ Jan11'Duddtmag on July ^ , 2018
Q
                                                                        JAN DUDENSING
     19
                                                                       Attomey for Defendant
     20                                                               DR. JAMES LONGORIA

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                                   STIPULATION TO CONTINUE MOTION TO DISQUALIFY
      1
      2               Having reviewed the Stipulation of the parties, and good cause appearing, the Court

      3   ORDERS AS FOLLOWS:
      4               The hearing presently scheduled for August 8,2018, on Defendant's Motion to Disqualify
      5   William R. Wame and Downey Brand LLP is continued to August 17, 2018, at 9:00 a.m. All
      6   related deadlines shall be continued accordingly.
      7               IT IS SO ORDERED.
      8
      9   Dated:
                                                              ^   JUDGE OF TH^SUPERIOR C^tTRT
     10                                                              STEVEN H. RODDA
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          1526197,1


                                       STIPULATION TO CONTINUE MOTION TO DISQUALIFY