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FiLED/EWDOBS!ED
1 DOWNEY BRAND LLP FEB 1 6 2023
WILLIAM R. WARNE (Bar No. 141280)
2 ANNIE S. AMARAL (Bar No. 238189) By: T. Crowlher
BRADLEY C. CARROLL (Bar No. 300658) Deputy Clerk
3 621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
4 Telephone: 916.444.1000
Facsimile: 916.444.2100
5 bwame@downeybrand.com
aamaral@downeybrand.com
6 bcarroll@downeybrand.com
7 Attomeys for Plaintiff
CHARLES SOMERS, individually and as tmstee for the
8 CHARLES SOMERS LIVING TRUST
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SACRAMENTO
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12 CHARLES SOMERS, individually and as CASE NO. 34-2018-00229212
tmstee for the CHARLES SOMERS
1-1 13 LIVING TRUST, UNOPPOSED E X PARTE APPLICATION
Q TO CONTINUE T R I A L AND A L L
14 Plaintiff, ASSOCIATED STATUTORY DEADLINES
BY STIPULATION OR, IN T H E
m 15 ALTERNATIVE, FOR AN ORDER
>^ SHORTENING TIME; MEMORANDUM
pq 16 DR. JAMES LONGORIA, an individual, OF POINTS AND AUTHORITIES;
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and DOES 1-10, DECLARATION OF W I L L I A M R.
O 17 WARNE; [PROPOSED] ORDER
Q Defendant.
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Date: TBD
19 Time: TBD BY FAX
Dept.: 47
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Complaint Filed: March 16, 2018
21 Trial Date: May 15, 2023
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL
1 UNOPPOSED EX PARTE APPLICATION
2 Plaintiff Charles Somers, individually and as trustee for the Charles Somers Living Tmst
3 ("Somers"), moves ex parte to continue the trial and settlement conference dates in this matter by •
4 stipulation, along with all associated statutory deadlines. In the altemative, Somers requests an
5 order shortening time on a joint motion to continue the trial and settlement conference dates in
6 this matter. Counsel for Defendant Dr. James Longoria ("Defendant"), Mark Ellis, has confirmed
7 that he is in full agreement with the relief sought.
8 Good cause exists to grant this request. Specifically, although trial in this matter is set for
9 May 15, 2023, Mr. Ellis recently suffered a medical emergency that has required hospitalization
10 and will require further recovery and rehabilitation in the coming months. To accommodate
11 Defendant and Mr. Ellis, Plaintiff has already agreed to continue and reschedule depositions, and
12 Defendant moved the hearing on his motion for summary judgment as well. The continuance of
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13 depositions and Defendant's motion for summary judgement, along with Defendant's counsel's
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14 recovery and rehabilitation period, also necessitates a trial continuance.
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15 Accordingly, and subject to the Court's availability, Plaintiff and Defendant respectfully
16 request a continuance to October 16, 2023, which is the earliest available date on all counsels'
o 17 calendars. In the event the Court is unwilling to grant the joint stipulation for a trial continuance
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18 on an ex parte basis, the parties altematively request that the request for a trial continuance be
19 heard on shortened time.
20 This application is made pursuant to Califomia Rules of Court, Rules 3.1200 et seq., and
21 the Local Rules of Sacramento County Superior Court, Rule 2.35, and is based on this Ex Parte
22 Application, the Memorandum of Points and Authorities, the Declaration of William R. Wame
23 and attached exhibit (including the parties' joint stipulation to continue trial), and the [Proposed]
24 Order.
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL
1 Pursuant to Califomia Rules of Court, Rule 3.1202, the name, address, telephone
2 numbers, and e-mail addresses of counsel of record are as follows:
3 Attomeys for Somers
4 William R. Wame
Annie S. Amaral
5 Bradley C. Carroll
DOWNEY BRAND LLP
6 621 Capitol Mall, 18th Floor
Sacramento, CA 95814
7 (916) 444-1000
bwame@downeybrand.com
8 aamaral@downeybrand.com
bcarroll@downeybrand.com
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Attomeys for Longoria
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Mark Ellis
11 Omid Shabani
ELLIS LAW GROUP LLP
12 1425 River Park Drive, Suite 400
P-, Sacramento, CA 95815
1-1 13 (916)283-8820
Q MEllis@EllisLawGrp.com
Z 14 OShabani@EllisLawGrp.com
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CQ 15 Somers's counsel called Department 47 to inform the Court that the parties wished to file
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O 17 accomplish the trial continuance. The clerk instructed Somers's counsel to file an ex parte
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18 application attaching the stipulation. She also confirmed there was no need to reserve a hearing
19 date for the ex parte application. In an abundance of caution, the parties are altematively seeking
20 to have the request heard on shortened time.
21 In the context of completing the parties' stipulation. Plaintiffs counsel informed
22 Defendant's counsel of the ex parte application, and Mr. Ellis has confirmed the Defendant is in
23 agreement. Thus, the parties have agreed on the joint stipulation and ex parte application and
24 were both notified ofthe proceeding in conformance with Califomia Rules of Court, Rule 3.1203.
25 (Declaration of William R. Wame ("Wame Decl."), 112.) Both parties are in agreement with the
26 relief sought.
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL
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DATED: Febmary 16, 2023 DOWNEY BRAND LLP
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4 By:_
WILLIAM R. WARNE
5 ANNIE S. AMARAL
BRADLEY C. CARROLL
6 Attomeys for Plaintiff
CHARLES SOMERS, individually and as trustee
7 for the CHARLES SOMERS LIVING TRUST
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 The trial in this matter is scheduled for May 15, 2023, and the settlement conference is
3 scheduled for April 18, 2023. Plaintiff Charies Somers ("Plainfiflf") and Defendant Dr. James
4 Longoria ("Defendant") jointly request a continuance of the presently scheduled trial and
5 mandatory settlement conference dates and request that the trial be continued to October 16,
6 2023, and the mandatory settlement conference be continued to on or about September 25, 2023.
7 The parties have reviewed the trial dates that the Court is currently setting through the Trial
g Setting Process, and they understand that the earliest available dates are not until October 2024.
9 Nevertheless, in light ofthe amount of time this case has been pending, both parties respectfully
10 request that this matter be set for the identified dates.
11 The Court has discretion to grant a continuance on a showing of good cause. (Cal. Rules
12 of Court, Rule 3.1332.) Good cause exists here for the following reasons.
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13 1. This matter was previously set for trial on June 6, 2022, and then October 24,
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15 plaintiff and defense counsel. (Declaration of William Wame ("Wame Decl."), ^ 8.) Trial is
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16 presently set for May 15, 2023, but Defendant's counsel has, unfortunately, recently experienced
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18 rehabilitation in the coming months. (Ibid.) To accommodate Defendant and his counsel,
19 Plaintiff has already agreed to continue and reschedule several depositions, and Defendant moved
20 the hearing on his motion for summary judgment as well. (Id., ^9.) In addition to the
21 depositions that Plaintiff rescheduled, there are other depositions that also remain to be
22 completed. The continuance of various depositions, the depositions that remain to be completed,
23 and moving the hearing on Defendant's motion for summary judgment, all coupled with
24 Defendant's counsel's recovery and rehabilitation period, necessitate a trial continuance. (Ibid.)
25 Plaintiffs counsel and Defendant's counsel in this action have met and conferred and
26 agree that, in light of defense counsel's anticipated recovery and rehabilitation period, there is not
27 enough time left on the calendar to complete the tasks above and prepare this action for trial on
28 May 15,2023. (M,1110.) ,
1848445vl 5
UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL
1 2. In addition, while the parties have diligently engaged in substantial written
2 discovery, there is certain percipient and expert discovery that remains to be conducted. In
3 particular: \
4 A. Approximately 35,000 pages of documents have been produced and
5 partially reviewed, but that review must be completed prior to and in conjunction with multiple
6 upcoming depositions.
7 B. The parties anticipate the need to take approximately five (5) additional
8 percipient witness depositions and likely approximately three (3) to four (4) expert depositions.
9 C. The parties have engaged in multiple percipient witness depositions
10 already, and those listed above are in addition to those that have occurred. Discovery was
11 initially delayed due to a dissolution action filed by Defendant in the Chancery Court of Delaware
12 on the same date this action was filed, March 16, 2018. The Delaware court appointed a Receiver
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13 to wind up the affairs of LC Therapeutics, Inc. That process took rnore than two years and is now
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16 limited to starting the depositions of three of the approximately five to six remaining percipient
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18 complete all remaining discovery.
19 3. The parties to the Sacramento action waited for the Delaware dissolution process
20 to unfold before proceeding in eamest with depositions in this action in order to conserve time
21 and resources. (See Wame Deck, ^ 7.)
22 4. Trial in this matter has been continued three times before. (Cal. Rules of Court,
23 Rule 3.1332(d)(2).) (Wame Deck, 1 8.)
24 5. The parties seek a continuance based partly on defense counsel's medical
25 emergency described above, and also based on the parties' need to complete the appropriate fact
26 and expert discovery, conduct mediation/engage in settlement discussions, and properly prepare
27 for trial. The requested continuance is reasonable and necessary in light of the extensive work
28 that must be completed before trial can commence. (Cal. Rules of Court, Rule 3.1332(d)(3).)
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL
1 6. No party will be prejudiced by the granting of this trial continuance. (Cal. Rules
2 of Court, Rule 3.1332(d)(5).)
3 7. This case is not entitled to preferential trial setting, favoring the parties' request for
4 a continuance. (Cal. Rules of Court, Rule 3.1332(d)(6).) Rather, a trial date in October 2023 will
5 benefit both sides by affording the parties a reasonable timeframe within which to conduct the
6 necessary fact and expert discovery and to possibly resolve this matter short of trial.
7 8. The parties have stipulated to a continuance. (Cal. Rules of Court, Rule
8 3.1332(d)(9).) (Wame Deck, If 11, Ex. 1.)
9 9. The "interests of justice are best served by a continuance." (Cal. Rules of Court,
10 Rule 3.1332(d)(10).) The parties cannot fully and meaningfully prepare for trial and develop
11 their claims and defenses unless the current trial date is continued. The interests of justice will
12 only be served if the parties have a reasonable amount of time to review numerous documents
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_1 13 produced during discovery, as well as complete depositions of all of the critical percipient and
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Z 14 expert witnesses, and to do so at a time when they are not conflicted with other trials.
15 It is therefore respectfiilly requested that the Court grant the Unopposed Ex Parte
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m 16 Application to Continue Trial and All Associated Statutory Deadlines by Stipulation and continue
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o 17 the trial date in this matter to October 16, 2023, and the mandatory settlement conference to on or
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18 about September 25, 2023. In the altemative, the parties respectfully request that the Court enter
19 an order shortening time in which a joint motion may be heard.
20 DATED: Febmary 16,2023 DOWNEY BRAND LLP
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23 By:
WILLIAM R. WARNE
24 ANNIE S. AMARAL
Attomeys for Plaintiff
25 CHARLES SOMERS, individually and as trustee
for the CHARLES SOMERS LIVING TRUST
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL
1 DECLARATION OF WILLIAM R. WARNE
2 I, William R. Wame, declare:
3 1. I am a partner at Downey Brand, LLP, and am an attomey of record for Plaintiff
4 Charles Somers ("Somers") in this case. I have personal knowledge of the facts set forth in this
5 declaration, except for those facts stated upon information and belief I believe all these facts to
6 be tme, and I would testify to them if called upon to do so.
7 2. Somers filed this action on March 16, 2018, and, after Defendant's demurrer to
8 Plaintiffs initial complaint was sustained in part with leave to amend. Plaintiff filed a First
9 Amended Complaint ("FAC") on October 9, 2018.
10 3. , With leave of this Court, Somers filed his Second Amended Complaint ("SAC")
11 on Febmary 13, 2019.
12 4. This dispute between Somers and Defendant Dr. James Longoria ("Defendant")
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13 involves ownership and control - and alleged promises made regarding ownership and control -
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14 ofa corporation, LC Therapeutics, Inc.
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PQ 15 5. On the same day Somers filed his action in this Court (March 16, 2018),
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o 17 Chancery of the State of Delaware ("Dissolution Action"). On June 25, 2018, Defendant filed an
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18 Amended Petition for Dissolution in the Court of Chancery.
19 6. In the Dissolution Action, the Court in Delaware appointed a Receiver to wind up
20 the affairs of LC Therapeutics, Inc. That process largely concluded in early 2021.
21 7. The parties to the Sacramento action believed it necessary to wait for much ofthe
22 dissolution process to unfold before engaging in significant written discovery. Thus, although
23 they propounded written discovery and took some percipient witness depositions, some discovery
24 still remains to be conducted. In particular:
25 A. Approximately 35,000 pages of documents have been produced and
26 partially reviewed, but that review must be completed prior to and in conjunction with multiple
27 upcoming depositions.
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL
1 B. The parties anticipate the need to take approximately five (5) additional
2 percipient witness depositions and likely approximately three (3) to four (4) expert depositions.
3 C. The parties have engaged in multiple percipient witness depositions
4 already, and those listed above are in addition to those that have occurred.
5 D. The parties have completed considerable discovery, including starting the
6 depositions of 3 of the approximately 5 remaining percipient witnesses, and anticipate that with a
7 continuance to accommodate Plaintiffs counsel's trial schedule, they will be able to complete all
8 remaining discovery.
9 8. Although trial in this matter has been continued three times before because of the
10 impacted trial calendars of both Plaintiffs counsel and Defendant's counsel, recent events
11 unfortunately necessitate another trial continuance. Trial is presently set for May 15, 2023, but
12 Defendant's counsel has, unfortunately, recently experienced a medical emergency that has
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13 required hospitalization and will require further recovery and rehabilitation in the coming months.
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Z 14 9. To accommodate Defendant and his counsel, my client Mr. Somers has aheady
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15 agreed to continue and reschedule several depositions, and Defendant moved the hearing on his
w 16 motion for summary judgment as well. In addition to the depositions that we rescheduled, there
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18 the depositions that remain to be completed, and moving the hearing on Defendant's motion for
19 summary judgment, all coupled with Defendant's counsel's recovery and rehabilitation period,
20 necessitate a trial continuance.
21 10. I have met and conferred with Defendant's counsel, Mark Ellis, and we agree that,
22 in light of defense counsel's anticipated recovery and rehabilitation period, there is not enough
23 time left on the calendar to complete the tasks above and prepare this action for trial on May 15,
24 2023.
25 11. The parties have jointly stipulated to a trial continuance. A true and correct copy
26 ofthe Parties' Stipulation and [Proposed] Order to Continue Trial and Other Dates and Deadlines
27 is attached hereto as Exhibit 1.
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1848445vl 9
UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL
1 12. My office called Department 47 to inform the Court that the parties wished to file
2 an ex parte application on a joint stipulation to continue trial in this matter and to seek guidance
3 on how best to accomplish the trial continuance. The clerk instmcted my office to file an ex parte
4 application attaching the stipulation. She also confirmed there was no need to reserve a hearing
5 date for the ex parte application. In the context of completing the parties' joint stipulation, I
6 informed Defendant's counsel of the ex parte application, and he confirmed he is in agreement.
7 Thus, the parties have agreed on the joint stipulation and ex parte application.
8 I declare under penalty of perjury under the laws of Califomia that the foregoing is tme
9 and correct. Executed this 16'*' day of Febmary, 2023, at Sacramento, Califomia.
By:
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WILLIAM R. WARNE
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL
1 PROOF OF SERVICE
2 Somers v. Longoria, et al.
Case No. 34-2018-00229212
3
At the time of service, I was over 18 years of age and not a party to this action. I am
4 employed in the County of Sacramento, State of Califomia. My business address is 621 Capitol
Mall, 18th Floor, Sacramento, CA 95814.
5
On Febmary 16, 2023,1 served tme copies ofthe following document(s) described as
6 UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL
ASSOCIATED STATUTORY DEADLINES BY STIPULATION OR, IN THE
7 ALTERNATIVE, FOR AN ORDER SHORTENING TIME; MEMORANDUM OF
POINTS AND AUTHORITIES; DECLARATION OF WILLIAM R. WARNE;
8 [PROPOSED] ORDER on the interested parties in this action as follows:
9 Mark E: Ellis Attorneys for Defendant, DR. JAMES
Ellis Law Group LLP LONGORIA
10 1425 River Park Dr., Ste 400
Sacramento, CA 95815-4524
11 Ph: (916) 283-8820
Fax: (916)283-8821
12 Email: mellis@ellislawgrp.com
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14 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy ofthe
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document(s) to be sent from e-mail address tcastro@dowTieybrand.com to the persons at the e-
m 15 mail addresses listed in the Service List. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was unsuccessful.
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I declare under penalty of perjury under the laws of the State of Califomia that the
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17 foregoing is tme and correct.
18 Executed on February 16, 2023, at Sacramento, Califomia.
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21 Tammy R. Castro
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UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL
EXHIBIT 1
EXHIBIT 1
1 DOWNEY BRAND LLP
WILLIAM R. WARNE (Bar No. 141280)
2 bwame@downeybrand.com
ANNIE S. AMARAL (Bar No. 238189)
3 aamaral@downeybrand.com
BRADLEY C. CARROLL (Bar No. 300658)
4 bcarroll@downeybrand.com
621 Capitol Mall, 18th Floor
5 Sacramento, CA 95814-4731
Telephone: 916.444.1000
6 Facsimile: 916.444.2100
7 Attomeys for Plaintiff
CHARLES SOMERS, individually and as tmstee 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
PL, tmstee for the CHARLES SOMERS
13 LIVING TRUST, STIPULATION AND [PROPOSED]
ORDER TO CONTINUE TRIAL AND
14 Plaintiff, OTHER DATES AND DEADLINES
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16 DR. JAMES LONGORIA, an individual,
and DOES 1-10, Complaint Filed: March 16,2018
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Defendant.
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20 Plaintiff CHARLES SOMERS, mdividually and as tmstee for the CHARLES SOMERS
21 LIVING TRUST ("Plaintiff'), by and through his counsel, and Defendant DR. JAMES
22 LONGORIA ("Defendant"), by and through his coimsel, hereby stipulate and agree as follows:
23 REaTALS
24 A. Plaintiff filed this action on March 16,2018. The operative complaint is Plaintiffs
25 Second Amended Complaint ("SAC"), filed on or about Febmary 13,2019.
26 B. This dispute between Plaintiff and Defendant involves ownership and control -
27 and alleged promises made regarding ownership and control - of a corporation, LC Therapeutics,
28 Inc.
1848440 1
STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRL\L
1 C. On the same day Plaintiff conmienced this action. Defendantfileda Verified
2 Petition for Dissolution of LC Therapeutics, Inc, in the Court of Chancery of the State of
3 Delaware ("Dissolution Action").
4 D. In the Dissolution Action, the Court in Delaware appointed a Receiver to wind up
5 the affairs of LC Therapeutics, Inc. That winding-up process took multiple years and has now
6 largely concluded.
7 E. The parties to the Sacramento action engaged in significant written discovery as
8 they waited for the winding-up process to conclude, but additional discovery remains. In
9 particular:
10 1. Approximately 35,000 pages of documents have been produced and must
11 be reviewed as part of the deposition process.
12 2. Although some percipient depositions have been taken, the parties
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I-) 13 anticipate the need to take approximatelyfive(5) additional percipient witness depositions and
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2 15 F. Trial in this matter is ciurently scheduled to commence on May 15,2023. Trial
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>- 16 was previously set to commence on October 24, 2022. However, the parties stipulated to
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O 17 continue trial to May 15,2023, in part to acconmiodate both Defendant's counsel's and Plaintiffs
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18 counsel's highly impacted trial calendars.
19 G. Unfortunately, in or about mid-January of 2023, Defendant' s coimsel suffered a
20 medical emergency that has required hospitalization and will require a recovery and rehabilitation
21 period that will necessitate time away from work.
22 H. Plaintiff and Defendant have already agreed to continue and reschedule
23 depositions and Defendant's motion for summary j udgment to acconmiodate Defendant's
24 coimsel's schedule.
25 I. The continuance of depositions and Defendant's motion for sunmiary judgement,
26 along with Defendant's counsel's recovery and rehabilitation period, also necessitates a trial
27 continuance.
28 J. The parties have reviewed the trial dates that the Court is currently setting through
1848440 2
STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL
1 the Trial Setting Process, and they understand that the earliest available dates are not until
2 October 2024. Nevertheless, in light of the amount of time this case has been pending, both
3 parties respectfully request that this matter be set for trial on or about October 16, 2023, with the
4 mandatory settlement conference set on or about September 25,2023. The parties agree that all
5 statutory deadlines shall be continued along with the trial date, includmg but not limited to
6 percipient and expert discovery deadlines.
7 K. The parties further agree that commencing trial on or about October 16,2023, or
8 as soon thereafter as the Court's calendar will accommodate, will satisfy any timuig requirements
9 under section 583.310 et seq. of the Code of Civil Procedure and Emergency Rule 10, subdivision
10 (a) of the Califomia Rules of Court, Appendix I .
11 L. Trial in this matter has been continued three times before.
12 M. In light of the foregoing, the parties agree that good cause exists to jointly request
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13 a continuance of the trial, and other dates and deadlines, as set forth below.
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14 STIPULATION
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15 Wherefore, IT IS HEREBY STIPULATED by and between the parties, through their
16 counsel of record, that:
O 17 1. The trial date of May 15,2023, shall be taken off calendar and continued as set
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18 forth below;
19 2. The parties agree to continue the trial to October 16,2023, and the mandatory
20 settlement conference to September 25,2023;
21 3. All related statutory deadlines, including those for completion of discovery, expert
22 witness discovery and designation, and the hearing of all law and motion matters mcluding
23 dispositive motions, shall be continued and reset based on the new trial date, consistent with the
24 Califomia Code of Civil Procedure and other applicable rules; and
25 4. The parties further agree that this Stipulation and Order may be executed in
26 counterparts and by facsimile signature.
27 IT IS SO STIPULATED.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL
1 DATED: February 16, 2023 DOWNEY BRAND LLP
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By:
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WILLIAM R. WARNE
4 ANNIE S. AMARAL
Attomeys for Plaintiff
5 CHARLES SOMERS, individually and as trustee
for the CHARLES SOMERS LIVING TRUST
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DATED: Febmary
1^ 2023
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ECLIS
12 Attomeys for Defendant
.-J DR. JAMES LONGORL\
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1848440
STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL
1 [PROPOSED] ORDER ON STIPULATION
2 The Parties having stipulated, and good cause appearing therefore,
3 IT IS HEREBY ORDERED that:
4 1. The trial date of May 15,2023, is taken off calendar and continued to October 16,
5 2023:
6 2. liie mandatory settlement conference is continued to commence at 9:00 a.m. on
7 September 25,2023; and
8 3. All related statutory deadlines, including those for completion of discovery,
9 expert wdtness discovery and designation, and the hearing of all law and motion matters
10 including dispositive motions, shall be continued and reset based on the new trial date, consistent
11 with the Califomia Code of Civil Procedure and other applicable rules.
12 IT IS SO ORDERED.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL
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FiLED/EWDOBS!ED 1 DOWNEY BRAND LLP FEB 1 6 2023 WILLIAM R. WARNE (Bar No. 141280) 2 ANNIE S. AMARAL (Bar No. 238189) By: T. Crowlher BRADLEY C. CARROLL (Bar No. 300658) Deputy Clerk 3 621 Capitol Mall, 18th Floor Sacramento, CA 95814-4731 4 Telephone: 916.444.1000 Facsimile: 916.444.2100 5 bwame@downeybrand.com aamaral@downeybrand.com 6 bcarroll@downeybrand.com 7 Attomeys for Plaintiff CHARLES SOMERS, individually and as tmstee 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 tmstee for the CHARLES SOMERS 1-1 13 LIVING TRUST, UNOPPOSED E X PARTE APPLICATION Q TO CONTINUE T R I A L AND A L L 14 Plaintiff, ASSOCIATED STATUTORY DEADLINES BY STIPULATION OR, IN T H E m 15 ALTERNATIVE, FOR AN ORDER >^ SHORTENING TIME; MEMORANDUM pq 16 DR. JAMES LONGORIA, an individual, OF POINTS AND AUTHORITIES; Z and DOES 1-10, DECLARATION OF W I L L I A M R. O 17 WARNE; [PROPOSED] ORDER Q Defendant. 18 Date: TBD 19 Time: TBD BY FAX Dept.: 47 20 Complaint Filed: March 16, 2018 21 Trial Date: May 15, 2023 22 23 24 25 26 27 28 UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL 1 UNOPPOSED EX PARTE APPLICATION 2 Plaintiff Charles Somers, individually and as trustee for the Charles Somers Living Tmst 3 ("Somers"), moves ex parte to continue the trial and settlement conference dates in this matter by • 4 stipulation, along with all associated statutory deadlines. In the altemative, Somers requests an 5 order shortening time on a joint motion to continue the trial and settlement conference dates in 6 this matter. Counsel for Defendant Dr. James Longoria ("Defendant"), Mark Ellis, has confirmed 7 that he is in full agreement with the relief sought. 8 Good cause exists to grant this request. Specifically, although trial in this matter is set for 9 May 15, 2023, Mr. Ellis recently suffered a medical emergency that has required hospitalization 10 and will require further recovery and rehabilitation in the coming months. To accommodate 11 Defendant and Mr. Ellis, Plaintiff has already agreed to continue and reschedule depositions, and 12 Defendant moved the hearing on his motion for summary judgment as well. The continuance of OH 1-1 1-1 13 depositions and Defendant's motion for summary judgement, along with Defendant's counsel's Q 14 recovery and rehabilitation period, also necessitates a trial continuance. < Pi 15 Accordingly, and subject to the Court's availability, Plaintiff and Defendant respectfully 16 request a continuance to October 16, 2023, which is the earliest available date on all counsels' o 17 calendars. In the event the Court is unwilling to grant the joint stipulation for a trial continuance Q 18 on an ex parte basis, the parties altematively request that the request for a trial continuance be 19 heard on shortened time. 20 This application is made pursuant to Califomia Rules of Court, Rules 3.1200 et seq., and 21 the Local Rules of Sacramento County Superior Court, Rule 2.35, and is based on this Ex Parte 22 Application, the Memorandum of Points and Authorities, the Declaration of William R. Wame 23 and attached exhibit (including the parties' joint stipulation to continue trial), and the [Proposed] 24 Order. 25 /// 26 /// 27 /// 28 /// UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL 1 Pursuant to Califomia Rules of Court, Rule 3.1202, the name, address, telephone 2 numbers, and e-mail addresses of counsel of record are as follows: 3 Attomeys for Somers 4 William R. Wame Annie S. Amaral 5 Bradley C. Carroll DOWNEY BRAND LLP 6 621 Capitol Mall, 18th Floor Sacramento, CA 95814 7 (916) 444-1000 bwame@downeybrand.com 8 aamaral@downeybrand.com bcarroll@downeybrand.com 9 Attomeys for Longoria 10 Mark Ellis 11 Omid Shabani ELLIS LAW GROUP LLP 12 1425 River Park Drive, Suite 400 P-, Sacramento, CA 95815 1-1 13 (916)283-8820 Q MEllis@EllisLawGrp.com Z 14 OShabani@EllisLawGrp.com < CQ 15 Somers's counsel called Department 47 to inform the Court that the parties wished to file >^ w 16 an ex parte application on a joint stipulation to continue trial and to seek guidance on how best to Z O 17 accomplish the trial continuance. The clerk instructed Somers's counsel to file an ex parte P 18 application attaching the stipulation. She also confirmed there was no need to reserve a hearing 19 date for the ex parte application. In an abundance of caution, the parties are altematively seeking 20 to have the request heard on shortened time. 21 In the context of completing the parties' stipulation. Plaintiffs counsel informed 22 Defendant's counsel of the ex parte application, and Mr. Ellis has confirmed the Defendant is in 23 agreement. Thus, the parties have agreed on the joint stipulation and ex parte application and 24 were both notified ofthe proceeding in conformance with Califomia Rules of Court, Rule 3.1203. 25 (Declaration of William R. Wame ("Wame Decl."), 112.) Both parties are in agreement with the 26 relief sought. 27 28 UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL 1 DATED: Febmary 16, 2023 DOWNEY BRAND LLP 2 3 4 By:_ WILLIAM R. WARNE 5 ANNIE S. AMARAL BRADLEY C. CARROLL 6 Attomeys for Plaintiff CHARLES SOMERS, individually and as trustee 7 for the CHARLES SOMERS LIVING TRUST 8 9 10 11 12 hJ 1-1 13 p 14 Z < Pi 15 PQ z 16 o p 17 18 19 20 21 22 23 24 25 26 27 28 UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 The trial in this matter is scheduled for May 15, 2023, and the settlement conference is 3 scheduled for April 18, 2023. Plaintiff Charies Somers ("Plainfiflf") and Defendant Dr. James 4 Longoria ("Defendant") jointly request a continuance of the presently scheduled trial and 5 mandatory settlement conference dates and request that the trial be continued to October 16, 6 2023, and the mandatory settlement conference be continued to on or about September 25, 2023. 7 The parties have reviewed the trial dates that the Court is currently setting through the Trial g Setting Process, and they understand that the earliest available dates are not until October 2024. 9 Nevertheless, in light ofthe amount of time this case has been pending, both parties respectfully 10 request that this matter be set for the identified dates. 11 The Court has discretion to grant a continuance on a showing of good cause. (Cal. Rules 12 of Court, Rule 3.1332.) Good cause exists here for the following reasons. PH 13 1. This matter was previously set for trial on June 6, 2022, and then October 24, p Z 14 2022, but was continued in each instance due to scheduling conflicts with other trials for both < 15 plaintiff and defense counsel. (Declaration of William Wame ("Wame Decl."), ^ 8.) Trial is PQ 16 presently set for May 15, 2023, but Defendant's counsel has, unfortunately, recently experienced Z o 17 a medical emergency that has required hospitalization and will require further recovery and p 18 rehabilitation in the coming months. (Ibid.) To accommodate Defendant and his counsel, 19 Plaintiff has already agreed to continue and reschedule several depositions, and Defendant moved 20 the hearing on his motion for summary judgment as well. (Id., ^9.) In addition to the 21 depositions that Plaintiff rescheduled, there are other depositions that also remain to be 22 completed. The continuance of various depositions, the depositions that remain to be completed, 23 and moving the hearing on Defendant's motion for summary judgment, all coupled with 24 Defendant's counsel's recovery and rehabilitation period, necessitate a trial continuance. (Ibid.) 25 Plaintiffs counsel and Defendant's counsel in this action have met and conferred and 26 agree that, in light of defense counsel's anticipated recovery and rehabilitation period, there is not 27 enough time left on the calendar to complete the tasks above and prepare this action for trial on 28 May 15,2023. (M,1110.) , 1848445vl 5 UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL 1 2. In addition, while the parties have diligently engaged in substantial written 2 discovery, there is certain percipient and expert discovery that remains to be conducted. In 3 particular: \ 4 A. Approximately 35,000 pages of documents have been produced and 5 partially reviewed, but that review must be completed prior to and in conjunction with multiple 6 upcoming depositions. 7 B. The parties anticipate the need to take approximately five (5) additional 8 percipient witness depositions and likely approximately three (3) to four (4) expert depositions. 9 C. The parties have engaged in multiple percipient witness depositions 10 already, and those listed above are in addition to those that have occurred. Discovery was 11 initially delayed due to a dissolution action filed by Defendant in the Chancery Court of Delaware 12 on the same date this action was filed, March 16, 2018. The Delaware court appointed a Receiver 1-1 1-1 13 to wind up the affairs of LC Therapeutics, Inc. That process took rnore than two years and is now p Z 14 largely concluded. (See Wame Deck, 5-6.) < Pi pa 15 D. The parties have completed considerable discovery, including but not PLI 16 limited to starting the depositions of three of the approximately five to six remaining percipient z o 17 witnesses. The parties anticipate that, with a continuance to October 2023, they will be able to p 18 complete all remaining discovery. 19 3. The parties to the Sacramento action waited for the Delaware dissolution process 20 to unfold before proceeding in eamest with depositions in this action in order to conserve time 21 and resources. (See Wame Deck, ^ 7.) 22 4. Trial in this matter has been continued three times before. (Cal. Rules of Court, 23 Rule 3.1332(d)(2).) (Wame Deck, 1 8.) 24 5. The parties seek a continuance based partly on defense counsel's medical 25 emergency described above, and also based on the parties' need to complete the appropriate fact 26 and expert discovery, conduct mediation/engage in settlement discussions, and properly prepare 27 for trial. The requested continuance is reasonable and necessary in light of the extensive work 28 that must be completed before trial can commence. (Cal. Rules of Court, Rule 3.1332(d)(3).) 1848443vl 5 UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL 1 6. No party will be prejudiced by the granting of this trial continuance. (Cal. Rules 2 of Court, Rule 3.1332(d)(5).) 3 7. This case is not entitled to preferential trial setting, favoring the parties' request for 4 a continuance. (Cal. Rules of Court, Rule 3.1332(d)(6).) Rather, a trial date in October 2023 will 5 benefit both sides by affording the parties a reasonable timeframe within which to conduct the 6 necessary fact and expert discovery and to possibly resolve this matter short of trial. 7 8. The parties have stipulated to a continuance. (Cal. Rules of Court, Rule 8 3.1332(d)(9).) (Wame Deck, If 11, Ex. 1.) 9 9. The "interests of justice are best served by a continuance." (Cal. Rules of Court, 10 Rule 3.1332(d)(10).) The parties cannot fully and meaningfully prepare for trial and develop 11 their claims and defenses unless the current trial date is continued. The interests of justice will 12 only be served if the parties have a reasonable amount of time to review numerous documents PH _1 13 produced during discovery, as well as complete depositions of all of the critical percipient and P Z 14 expert witnesses, and to do so at a time when they are not conflicted with other trials. 15 It is therefore respectfiilly requested that the Court grant the Unopposed Ex Parte > m 16 Application to Continue Trial and All Associated Statutory Deadlines by Stipulation and continue z o 17 the trial date in this matter to October 16, 2023, and the mandatory settlement conference to on or p 18 about September 25, 2023. In the altemative, the parties respectfully request that the Court enter 19 an order shortening time in which a joint motion may be heard. 20 DATED: Febmary 16,2023 DOWNEY BRAND LLP 21 22 23 By: WILLIAM R. WARNE 24 ANNIE S. AMARAL Attomeys for Plaintiff 25 CHARLES SOMERS, individually and as trustee for the CHARLES SOMERS LIVING TRUST 26 27 28 184844Svl UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL 1 DECLARATION OF WILLIAM R. WARNE 2 I, William R. Wame, declare: 3 1. I am a partner at Downey Brand, LLP, and am an attomey of record for Plaintiff 4 Charles Somers ("Somers") in this case. I have personal knowledge of the facts set forth in this 5 declaration, except for those facts stated upon information and belief I believe all these facts to 6 be tme, and I would testify to them if called upon to do so. 7 2. Somers filed this action on March 16, 2018, and, after Defendant's demurrer to 8 Plaintiffs initial complaint was sustained in part with leave to amend. Plaintiff filed a First 9 Amended Complaint ("FAC") on October 9, 2018. 10 3. , With leave of this Court, Somers filed his Second Amended Complaint ("SAC") 11 on Febmary 13, 2019. 12 4. This dispute between Somers and Defendant Dr. James Longoria ("Defendant") PH 1-1 1-1 13 involves ownership and control - and alleged promises made regarding ownership and control - P 14 ofa corporation, LC Therapeutics, Inc. z PQ 15 5. On the same day Somers filed his action in this Court (March 16, 2018), > W 16 Defendant filed a Verified Petition for Dissolution of LC Therapeutics, Inc. in the Court of Z o 17 Chancery of the State of Delaware ("Dissolution Action"). On June 25, 2018, Defendant filed an p 18 Amended Petition for Dissolution in the Court of Chancery. 19 6. In the Dissolution Action, the Court in Delaware appointed a Receiver to wind up 20 the affairs of LC Therapeutics, Inc. That process largely concluded in early 2021. 21 7. The parties to the Sacramento action believed it necessary to wait for much ofthe 22 dissolution process to unfold before engaging in significant written discovery. Thus, although 23 they propounded written discovery and took some percipient witness depositions, some discovery 24 still remains to be conducted. In particular: 25 A. Approximately 35,000 pages of documents have been produced and 26 partially reviewed, but that review must be completed prior to and in conjunction with multiple 27 upcoming depositions. 28 /// UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL 1 B. The parties anticipate the need to take approximately five (5) additional 2 percipient witness depositions and likely approximately three (3) to four (4) expert depositions. 3 C. The parties have engaged in multiple percipient witness depositions 4 already, and those listed above are in addition to those that have occurred. 5 D. The parties have completed considerable discovery, including starting the 6 depositions of 3 of the approximately 5 remaining percipient witnesses, and anticipate that with a 7 continuance to accommodate Plaintiffs counsel's trial schedule, they will be able to complete all 8 remaining discovery. 9 8. Although trial in this matter has been continued three times before because of the 10 impacted trial calendars of both Plaintiffs counsel and Defendant's counsel, recent events 11 unfortunately necessitate another trial continuance. Trial is presently set for May 15, 2023, but 12 Defendant's counsel has, unfortunately, recently experienced a medical emergency that has PU 1-1 1-1 13 required hospitalization and will require further recovery and rehabilitation in the coming months. p Z 14 9. To accommodate Defendant and his counsel, my client Mr. Somers has aheady < Pi 15 agreed to continue and reschedule several depositions, and Defendant moved the hearing on his w 16 motion for summary judgment as well. In addition to the depositions that we rescheduled, there z o 17 are other depositions that also remain to be completed. The continuance of various depositions, p 18 the depositions that remain to be completed, and moving the hearing on Defendant's motion for 19 summary judgment, all coupled with Defendant's counsel's recovery and rehabilitation period, 20 necessitate a trial continuance. 21 10. I have met and conferred with Defendant's counsel, Mark Ellis, and we agree that, 22 in light of defense counsel's anticipated recovery and rehabilitation period, there is not enough 23 time left on the calendar to complete the tasks above and prepare this action for trial on May 15, 24 2023. 25 11. The parties have jointly stipulated to a trial continuance. A true and correct copy 26 ofthe Parties' Stipulation and [Proposed] Order to Continue Trial and Other Dates and Deadlines 27 is attached hereto as Exhibit 1. 28 /// 1848445vl 9 UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL 1 12. My office called Department 47 to inform the Court that the parties wished to file 2 an ex parte application on a joint stipulation to continue trial in this matter and to seek guidance 3 on how best to accomplish the trial continuance. The clerk instmcted my office to file an ex parte 4 application attaching the stipulation. She also confirmed there was no need to reserve a hearing 5 date for the ex parte application. In the context of completing the parties' joint stipulation, I 6 informed Defendant's counsel of the ex parte application, and he confirmed he is in agreement. 7 Thus, the parties have agreed on the joint stipulation and ex parte application. 8 I declare under penalty of perjury under the laws of Califomia that the foregoing is tme 9 and correct. Executed this 16'*' day of Febmary, 2023, at Sacramento, Califomia. By: 10 11 12 WILLIAM R. WARNE PM 1-1 13 P Z 14 < Pi PQ 15 >- W 16 Z o 17 p 18 19 20 21 22 23 24 25 26 27 28 10 UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL 1 PROOF OF SERVICE 2 Somers v. Longoria, et al. Case No. 34-2018-00229212 3 At the time of service, I was over 18 years of age and not a party to this action. I am 4 employed in the County of Sacramento, State of Califomia. My business address is 621 Capitol Mall, 18th Floor, Sacramento, CA 95814. 5 On Febmary 16, 2023,1 served tme copies ofthe following document(s) described as 6 UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL ASSOCIATED STATUTORY DEADLINES BY STIPULATION OR, IN THE 7 ALTERNATIVE, FOR AN ORDER SHORTENING TIME; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF WILLIAM R. WARNE; 8 [PROPOSED] ORDER on the interested parties in this action as follows: 9 Mark E: Ellis Attorneys for Defendant, DR. JAMES Ellis Law Group LLP LONGORIA 10 1425 River Park Dr., Ste 400 Sacramento, CA 95815-4524 11 Ph: (916) 283-8820 Fax: (916)283-8821 12 Email: mellis@ellislawgrp.com PL, 1-1 .1-1 13 P z < 14 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy ofthe Pi document(s) to be sent from e-mail address tcastro@dowTieybrand.com to the persons at the e- m 15 mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. Z 16 I declare under penalty of perjury under the laws of the State of Califomia that the o p 17 foregoing is tme and correct. 18 Executed on February 16, 2023, at Sacramento, Califomia. 19 20 21 Tammy R. Castro 22 23 24 25 26 27 28 UNOPPOSED EX PARTE APPLICATION TO CONTINUE TRIAL EXHIBIT 1 EXHIBIT 1 1 DOWNEY BRAND LLP WILLIAM R. WARNE (Bar No. 141280) 2 bwame@downeybrand.com ANNIE S. AMARAL (Bar No. 238189) 3 aamaral@downeybrand.com BRADLEY C. CARROLL (Bar No. 300658) 4 bcarroll@downeybrand.com 621 Capitol Mall, 18th Floor 5 Sacramento, CA 95814-4731 Telephone: 916.444.1000 6 Facsimile: 916.444.2100 7 Attomeys for Plaintiff CHARLES SOMERS, individually and as tmstee 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 PL, tmstee for the CHARLES SOMERS 13 LIVING TRUST, STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND 14 Plaintiff, OTHER DATES AND DEADLINES 15 16 DR. JAMES LONGORIA, an individual, and DOES 1-10, Complaint Filed: March 16,2018 o p 17 Trial Date: May 15, 2023 Defendant. 18 19 20 Plaintiff CHARLES SOMERS, mdividually and as tmstee for the CHARLES SOMERS 21 LIVING TRUST ("Plaintiff'), by and through his counsel, and Defendant DR. JAMES 22 LONGORIA ("Defendant"), by and through his coimsel, hereby stipulate and agree as follows: 23 REaTALS 24 A. Plaintiff filed this action on March 16,2018. The operative complaint is Plaintiffs 25 Second Amended Complaint ("SAC"), filed on or about Febmary 13,2019. 26 B. This dispute between Plaintiff and Defendant involves ownership and control - 27 and alleged promises made regarding ownership and control - of a corporation, LC Therapeutics, 28 Inc. 1848440 1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRL\L 1 C. On the same day Plaintiff conmienced this action. Defendantfileda Verified 2 Petition for Dissolution of LC Therapeutics, Inc, in the Court of Chancery of the State of 3 Delaware ("Dissolution Action"). 4 D. In the Dissolution Action, the Court in Delaware appointed a Receiver to wind up 5 the affairs of LC Therapeutics, Inc. That winding-up process took multiple years and has now 6 largely concluded. 7 E. The parties to the Sacramento action engaged in significant written discovery as 8 they waited for the winding-up process to conclude, but additional discovery remains. In 9 particular: 10 1. Approximately 35,000 pages of documents have been produced and must 11 be reviewed as part of the deposition process. 12 2. Although some percipient depositions have been taken, the parties PL, »-) I-) 13 anticipate the need to take approximatelyfive(5) additional percipient witness depositions and Q Z 14 likely approximately three (3) to four (4) expert depositions. 2 15 F. Trial in this matter is ciurently scheduled to commence on May 15,2023. Trial n >- 16 was previously set to commence on October 24, 2022. However, the parties stipulated to m O 17 continue trial to May 15,2023, in part to acconmiodate both Defendant's counsel's and Plaintiffs P 18 counsel's highly impacted trial calendars. 19 G. Unfortunately, in or about mid-January of 2023, Defendant' s coimsel suffered a 20 medical emergency that has required hospitalization and will require a recovery and rehabilitation 21 period that will necessitate time away from work. 22 H. Plaintiff and Defendant have already agreed to continue and reschedule 23 depositions and Defendant's motion for summary j udgment to acconmiodate Defendant's 24 coimsel's schedule. 25 I. The continuance of depositions and Defendant's motion for sunmiary judgement, 26 along with Defendant's counsel's recovery and rehabilitation period, also necessitates a trial 27 continuance. 28 J. The parties have reviewed the trial dates that the Court is currently setting through 1848440 2 STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL 1 the Trial Setting Process, and they understand that the earliest available dates are not until 2 October 2024. Nevertheless, in light of the amount of time this case has been pending, both 3 parties respectfully request that this matter be set for trial on or about October 16, 2023, with the 4 mandatory settlement conference set on or about September 25,2023. The parties agree that all 5 statutory deadlines shall be continued along with the trial date, includmg but not limited to 6 percipient and expert discovery deadlines. 7 K. The parties further agree that commencing trial on or about October 16,2023, or 8 as soon thereafter as the Court's calendar will accommodate, will satisfy any timuig requirements 9 under section 583.310 et seq. of the Code of Civil Procedure and Emergency Rule 10, subdivision 10 (a) of the Califomia Rules of Court, Appendix I . 11 L. Trial in this matter has been continued three times before. 12 M. In light of the foregoing, the parties agree that good cause exists to jointly request pLi 13 a continuance of the trial, and other dates and deadlines, as set forth below. P 14 STIPULATION I PQ 15 Wherefore, IT IS HEREBY STIPULATED by and between the parties, through their 16 counsel of record, that: O 17 1. The trial date of May 15,2023, shall be taken off calendar and continued as set P 18 forth below; 19 2. The parties agree to continue the trial to October 16,2023, and the mandatory 20 settlement conference to September 25,2023; 21 3. All related statutory deadlines, including those for completion of discovery, expert 22 witness discovery and designation, and the hearing of all law and motion matters mcluding 23 dispositive motions, shall be continued and reset based on the new trial date, consistent with the 24 Califomia Code of Civil Procedure and other applicable rules; and 25 4. The parties further agree that this Stipulation and Order may be executed in 26 counterparts and by facsimile signature. 27 IT IS SO STIPULATED. 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL 1 DATED: February 16, 2023 DOWNEY BRAND LLP 2 By: 3 WILLIAM R. WARNE 4 ANNIE S. AMARAL Attomeys for Plaintiff 5 CHARLES SOMERS, individually and as trustee for the CHARLES SOMERS LIVING TRUST 6 7 8 9 10 DATED: Febmary 1^ 2023 11 ECLIS 12 Attomeys for Defendant .-J DR. JAMES LONGORL\ 1^ 13 14 CQ 15 16 O 17 P 18 19 20 21 22 23 24 25 26 27 28 1848440 STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL 1 [PROPOSED] ORDER ON STIPULATION 2 The Parties having stipulated, and good cause appearing therefore, 3 IT IS HEREBY ORDERED that: 4 1. The trial date of May 15,2023, is taken off calendar and continued to October 16, 5 2023: 6 2. liie mandatory settlement conference is continued to commence at 9:00 a.m. on 7 September 25,2023; and 8 3. All related statutory deadlines, including those for completion of discovery, 9 expert wdtness discovery and designation, and the hearing of all law and motion matters 10 including dispositive motions, shall be continued and reset based on the new trial date, consistent 11 with the Califomia Code of Civil Procedure and other applicable rules. 12 IT IS SO ORDERED. PLi 13 P 14 Dated: PQ 15 16 O 17 P 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL