On March 21, 2019 a
Motion-Secondary
was filed
involving a dispute between
Mahaffey, Ashley,
Mahaffey, Brian,
and
Colorama Wholesale Nursery,
Medina, Jose,
Wilson, Richard,
for Personal Injury Motor Vehicle Unlimited
in the District Court of San Bernardino County.
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ORIGINAL
Kimberly S. Oberrecht [C.S.B. No. 190794] SUPERN FA EE Drona
Cherie A. Enge [C.S.B. No. 134998] INTY OF BERNARDINO
SAN BERNARDINO DISTRICT
Andrew B. Dorr [C.S.B. No. 317546]
HORTON, OBERRECHT & KIRKPATRICK
101 W. Broadway, Suite 600 FEB 14 2023
San Diego, California 92101
(619) 232-1183 * (619) 696-5719 [facsimile] 7
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wx
GREE TRIBHART, OEPUTY
Attorneys for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA
WHOLESALE NURSERY dba COLORAMA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN BERNARDINO
10 CENTRAL JUDICIAL DISTRICT
11 BRIAN MAHAFFEY & ASHLEY MAHAFFEY,) CASE NO. CIVDS1908657
12 Plaintiff, MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
13 vs. DEFENDANTS?’ EX PARTE
APPLICATION TO CONTINUE
14 RICHARD WILSON; JOSE MEDINA; TRIAL
COLORAMA WHOLESALE NURSERY dba
15 COLORAMA, and DOES 1| through 100, Action Filed: March 21, 2019
Inclusive, Trial Date: March 6, 2023
16 Dept. S30
Defendants.
17
18 Defendants RICHARD WILSON, JOSE MEDINA and COLORAMA WHOLESALE
19 NURSERY dba COLORAMA (hereinafter collectively “Defendants”) hereby submit this
20 Memorandum of Points and Authorities in support of their Ex Parte Application to Continue Trial.
21 lL
22 . INTRODUCTION
23 Defendants submit this Ex Parte Application to Continue Trial in order to obtain necessary
24 documents regarding Plaintiff Brian Mahaffey’s (“Plaintiff”) alleged cardiac condition and
25 traumatic brain injury. Defendants propounded Special Interrogatories (Set Five) regarding
26 Plaintiffs treating cardiologists on November 29, 2022. Plaintiffs refused to answer until
27 Defendants filed an ex parte application that would have allowed a motion to compel. Plaintiffs
28 indicated they are in possession of treatment records already. Plaintiffs finally responded on Friday,
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL
1
7 “ wt 2
Lath eo et
Document Filed Date
February 14, 2023
Case Filing Date
March 21, 2019
Category
Personal Injury Motor Vehicle Unlimited
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ORIGINAL Kimberly S. Oberrecht [C.S.B. No. 190794] SUPERN FA EE Drona Cherie A. Enge [C.S.B. No. 134998] INTY OF BERNARDINO SAN BERNARDINO DISTRICT Andrew B. Dorr [C.S.B. No. 317546] HORTON, OBERRECHT & KIRKPATRICK 101 W. Broadway, Suite 600 FEB 14 2023 San Diego, California 92101 (619) 232-1183 * (619) 696-5719 [facsimile] 7 < wx GREE TRIBHART, OEPUTY Attorneys for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE NURSERY dba COLORAMA SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO 10 CENTRAL JUDICIAL DISTRICT 11 BRIAN MAHAFFEY & ASHLEY MAHAFFEY,) CASE NO. CIVDS1908657 12 Plaintiff, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF 13 vs. DEFENDANTS?’ EX PARTE APPLICATION TO CONTINUE 14 RICHARD WILSON; JOSE MEDINA; TRIAL COLORAMA WHOLESALE NURSERY dba 15 COLORAMA, and DOES 1| through 100, Action Filed: March 21, 2019 Inclusive, Trial Date: March 6, 2023 16 Dept. S30 Defendants. 17 18 Defendants RICHARD WILSON, JOSE MEDINA and COLORAMA WHOLESALE 19 NURSERY dba COLORAMA (hereinafter collectively “Defendants”) hereby submit this 20 Memorandum of Points and Authorities in support of their Ex Parte Application to Continue Trial. 21 lL 22 . INTRODUCTION 23 Defendants submit this Ex Parte Application to Continue Trial in order to obtain necessary 24 documents regarding Plaintiff Brian Mahaffey’s (“Plaintiff”) alleged cardiac condition and 25 traumatic brain injury. Defendants propounded Special Interrogatories (Set Five) regarding 26 Plaintiffs treating cardiologists on November 29, 2022. Plaintiffs refused to answer until 27 Defendants filed an ex parte application that would have allowed a motion to compel. Plaintiffs 28 indicated they are in possession of treatment records already. Plaintiffs finally responded on Friday, MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL 1 7 “ wt 2 Lath eo et