Preview
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CQUNWQ ‘
Gm,
Kimberly S. Oberrecht [C.S.B. No. 190794]
Cherie A. Enge [C.S.B. No. 134998] "
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Cheyenne J. Page [C.S.B. No. 323354]
ORIGINAL
HORTON, OBERRECHT & KIRKPATRICK
101 W. Broadway, Suite 600
San Diego, California 92 101
(619) 232-1 183 * (619) 696-5719 [facsimile]
Attorneys for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA
WHOLESALE NURSERY dba COLORAMA
\OOONQ
FAX
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN BERNARDINO
BY 10 CENTRAL JUDICIAL DISTRICT
11 BRIAN MAHAFFEY & ASHLEY MAHAFFEY, ) CASE NO. CIVDSl908657
12 Plaintiff, DECLARATION OF CHERIE A.
ENGE IN SUPPORT OF
13 VS. DEFENDANTS’ EX PARTE
APPLICATION TO CONTINUE
14 RICHARD WILSON; JOSE MEDINA; TRIAL
COLORAMA WHOLESALE NURSERY dba vvvvvvvvvvvv
15 COLORAMA, and DOES l through 100, Action Filed: March 21, 2019
Inclusive, Trial Date: January 9, 2023
16 Dept. S30
Defendants.
17
18 I, Cherie A. Enge, declare as follows:
19 1. I am an attorney admitted to practice law before all 0f the courts in the State of
20 California.
21 2. I am an associate with the law firm 0f Horton, Oberrecht & Kirkpatrick, attorneys
22 ofrecord for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE
23 NURSERY dba COLORAMA (hereinafter collectively “Defendants”).
24 3. I am familiar with all of the matters asserted herein and if called upon t0 testify,
25 would and could competently testify thereto.
26 4. Plaintiff BRIAN MAHAFFEY (hereinafter “Plaintiff Brian”) was examined by his
27 retained neurologist, Dr. Grewal on November 3, 2022. Dr. Grewal wrote a report following the
28 examination and did not note any visual disturbances. Plaintiff was examined by his
DECLARATION OF CHERIE A. ENGE [N SUPPORT OF DEFENDANTS‘ EX PARTE APPLICATION TO CONTINUE TRIAL
G:\CLIENTS\5845\P1eadings\Ex Pane to Continue Trial (3)\Dec ofCAE.wpd 1 .
neuropsychologist, Dr. David Franklin 0n November 15, and 29, 2022. Dr. Franklin wrote a report
that included his recommendation for Plaintiffto have a neuro-opthalmology evaluation, however,
he did not diagnose a visual disturbance of any kind.
5. On December 20, 2022, Itook the deposition of Dr. Franklin. At the deposition, it
came to light that following his November 2022 examination 0f Plaintiff Brian, Dr. Franklin noted
Visual disturbances. Dr. Franklin called Dr. Grewal t0 express concerns regarding the disturbances.
6. Dr. Franklin then testified that he learned from Ian Herzog, counsel for Plaintiff
\OOOQON
Brian, that Plaintiff Brian returned to Dr. Grewal 0n December 7, 2022 for further evaluation. It
was at that examination that Plaintiff Brian was diagnosed with visual disturbances. I had no
10 knowledge 0fthis additional examination or diagnosis until Dr. Franklin’s deposition 0n December
11 20, 2022.
Perhaps even more concerning, during the deposition of Dr. Franklin I learned that
12 7.
provided
13 Mr. Herzog was aware ofthe Vision diagnosis 12 days prior t0 the deposition. Dr. Franklin
me with an email from Mr. Herzog, dated Thursday, December 8, 2022 11:43 a.m., which stated:
14
- -
15 “Grewal says his eye dysfunction is “Traumatic Convergence insufficiency”
uncoordlnation of eye movements is a sign 0r symptom 0f brain mjury.”
16
A true and correct copy 0f Mr. Herzog’s December 8, 2022 e-mail is attached hereto as
17
Exhibit “A.”
18
8. Despite having this information since December 8, 2022, the day after Plaintiff
19
to me.
Brian’s follow-up evaluation with Dr. Grewal, Mr. Herzog did not disclose any 0f the above
20
Instead, [was met with complete surprise at the deposition of Dr. Franklin.
21
9. In addition to the Visual disturbances, Plaintiff Brian is also now claiming that he
22
needs to be evaluated by a cardiologist. Plaintiff” s counsel previously assured me that PlaintiffBrian
23
was not going to have a cardiology evaluation.
24
10. However, also on December 20, 2022, at 4:02 p.m., Defendants received an e-mail
25
Grewal’s progress
from Tom Yuhas at Mr. Herzog’s office indicating that they hadjust received Dr.
26
note from the December 7, 2022 evaluation. In that email, Mr. Yuhas wrote:
27
“Dr. Grewal has recommended a Cardio work up and we understand that Mr.
28 Mahaffey has one scheduled with Ashley’s doctor for 12/29/22.”
DECLAMTION OF CHERIE A. ENGE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL
G:\CLIENTS\5845\Plcading5\Ex Pane t0 Continue Trial (3)\Dcc ofCAE‘wpd 2.
Preview
suntan” ‘ CQUNWQ ‘ Gm, Kimberly S. Oberrecht [C.S.B. No. 190794] Cherie A. Enge [C.S.B. No. 134998] " F77" ‘ '1‘?) f"; ” " Cheyenne J. Page [C.S.B. No. 323354] ORIGINAL HORTON, OBERRECHT & KIRKPATRICK 101 W. Broadway, Suite 600 San Diego, California 92 101 (619) 232-1 183 * (619) 696-5719 [facsimile] Attorneys for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE NURSERY dba COLORAMA \OOONQ FAX SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO BY 10 CENTRAL JUDICIAL DISTRICT 11 BRIAN MAHAFFEY & ASHLEY MAHAFFEY, ) CASE NO. CIVDSl908657 12 Plaintiff, DECLARATION OF CHERIE A. ENGE IN SUPPORT OF 13 VS. DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE 14 RICHARD WILSON; JOSE MEDINA; TRIAL COLORAMA WHOLESALE NURSERY dba vvvvvvvvvvvv 15 COLORAMA, and DOES l through 100, Action Filed: March 21, 2019 Inclusive, Trial Date: January 9, 2023 16 Dept. S30 Defendants. 17 18 I, Cherie A. Enge, declare as follows: 19 1. I am an attorney admitted to practice law before all 0f the courts in the State of 20 California. 21 2. I am an associate with the law firm 0f Horton, Oberrecht & Kirkpatrick, attorneys 22 ofrecord for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE 23 NURSERY dba COLORAMA (hereinafter collectively “Defendants”). 24 3. I am familiar with all of the matters asserted herein and if called upon t0 testify, 25 would and could competently testify thereto. 26 4. Plaintiff BRIAN MAHAFFEY (hereinafter “Plaintiff Brian”) was examined by his 27 retained neurologist, Dr. Grewal on November 3, 2022. Dr. Grewal wrote a report following the 28 examination and did not note any visual disturbances. Plaintiff was examined by his DECLARATION OF CHERIE A. ENGE [N SUPPORT OF DEFENDANTS‘ EX PARTE APPLICATION TO CONTINUE TRIAL G:\CLIENTS\5845\P1eadings\Ex Pane to Continue Trial (3)\Dec ofCAE.wpd 1 . neuropsychologist, Dr. David Franklin 0n November 15, and 29, 2022. Dr. Franklin wrote a report that included his recommendation for Plaintiffto have a neuro-opthalmology evaluation, however, he did not diagnose a visual disturbance of any kind. 5. On December 20, 2022, Itook the deposition of Dr. Franklin. At the deposition, it came to light that following his November 2022 examination 0f Plaintiff Brian, Dr. Franklin noted Visual disturbances. Dr. Franklin called Dr. Grewal t0 express concerns regarding the disturbances. 6. Dr. Franklin then testified that he learned from Ian Herzog, counsel for Plaintiff \OOOQON Brian, that Plaintiff Brian returned to Dr. Grewal 0n December 7, 2022 for further evaluation. It was at that examination that Plaintiff Brian was diagnosed with visual disturbances. I had no 10 knowledge 0fthis additional examination or diagnosis until Dr. Franklin’s deposition 0n December 11 20, 2022. Perhaps even more concerning, during the deposition of Dr. Franklin I learned that 12 7. provided 13 Mr. Herzog was aware ofthe Vision diagnosis 12 days prior t0 the deposition. Dr. Franklin me with an email from Mr. Herzog, dated Thursday, December 8, 2022 11:43 a.m., which stated: 14 - - 15 “Grewal says his eye dysfunction is “Traumatic Convergence insufficiency” uncoordlnation of eye movements is a sign 0r symptom 0f brain mjury.” 16 A true and correct copy 0f Mr. Herzog’s December 8, 2022 e-mail is attached hereto as 17 Exhibit “A.” 18 8. Despite having this information since December 8, 2022, the day after Plaintiff 19 to me. Brian’s follow-up evaluation with Dr. Grewal, Mr. Herzog did not disclose any 0f the above 20 Instead, [was met with complete surprise at the deposition of Dr. Franklin. 21 9. In addition to the Visual disturbances, Plaintiff Brian is also now claiming that he 22 needs to be evaluated by a cardiologist. Plaintiff” s counsel previously assured me that PlaintiffBrian 23 was not going to have a cardiology evaluation. 24 10. However, also on December 20, 2022, at 4:02 p.m., Defendants received an e-mail 25 Grewal’s progress from Tom Yuhas at Mr. Herzog’s office indicating that they hadjust received Dr. 26 note from the December 7, 2022 evaluation. In that email, Mr. Yuhas wrote: 27 “Dr. Grewal has recommended a Cardio work up and we understand that Mr. 28 Mahaffey has one scheduled with Ashley’s doctor for 12/29/22.” DECLAMTION OF CHERIE A. ENGE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL G:\CLIENTS\5845\Plcading5\Ex Pane t0 Continue Trial (3)\Dcc ofCAE‘wpd 2.