On March 21, 2019 a
Motion,Ex Parte
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.
Preview
.
Oberrecht [C.S.B. No. 190794] SgPERvoR
F
L E i
Klmberly S.
Cherie A. Enge [C.S.B. No. 134998] i‘lygfigém
’“ '8E§€A§§SP
"“~’-DIN0
~-
Cheyenne Page [C.S.B. No. 323354]
J.
Dosrmc“
Andrew B. Dorr [C.S.B. No. 317546] JUN 2 4 2021
HORTON, OBERRECHT & KIRKPATRICK
101 W. Broadway, Suite 600 By
San Diego, California 92101 v
* LAURA BRucK, DEPUTY
(619) 232-1 183 (619) 696-5719 [facsimile]
\OOONQU'IADJNr—d
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
CENTRAL JUDICIAL DISTRICT
BRIAN MAHAFFEY & ASHLEY MAHAFFEY, ) CASE NO. CIVDSl908657
)
Plaintiff, )
) DECLARATION OF CHERIE A.
vs. ) ENGE IN SUPPORT OF
) OPPOSITION T0 EX PARTE
RICHARD WILSON; JOSE MEDINA; ) APPLICATION TO STRIKE LATE
COLORAMA WHOLESALE NURSERY dba ) SUPPLEMENTAL DESIGNATION
COLORAMA, and DOES 1 through 100, ) OF EXPERTS 0R IN THE
Inclusive, ) ALTERNATIVE SHORTEN TIME
)
Action Filed: March 21, 2019
NNNNNNNNN—tb—IHHHb—dr—Ir—nb—tI—I
Defendants. )
) Trial Date: July 19, 2021
Dept. S30
OOHQM-thHoemflQMAWNHO
I, Cherie A. Enge, declare as follows:
1. I am an attorney admitted to practice law before all of the courts in the State of
California.
2. I am an associate with the law firm of Horton, Oberrecht & Kirkpatrick, attorneys
ofrecord for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE
NURSERY (hereinafter collectively “Defendants”).
3. I am familiar with all of the matters asserted herein and if called upon to testify,
would and could competently testify thereto.
4. Plaintiff filed the instant Complaint for negligence on or around March 21, 2019.
DECLARATION OF CHERIE A. ENGE IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION
1.
v V
Plaintiff served a first written exchange ofrequired expert witness information on J anuary 25 202 , l .
Defendants also served their first written exchange 0f required expert witness information 0n
January 25, 202 1. The only two retained experts that Defendants initially designated were Anthony
Fenison, M.D. and J. Vincent Filoteo, Ph.D. Dr. Fenison is a board certified orthopedist and Dr.
Ulth
Filoteo is a licensed psychologist. A copy of this designation is attached as Exhibit A.
5. On February 4, 2021, the Court continued trial from March 15, 2021 until July 19,
2021. A copy of this order is attached to Plaintiff’s moving papers as Exhibit 2. Trial remains on
\OOOQON
calendar for that date.
6. Defendants served a second written exchange 0f expert witness information based ‘
10 upon the new trial date, on June 18, 202 1. Defendants designated Stephen Rothman, MD and Brian
11 Brinig as additional retained experts, to rebut the opinions of the experts designated by Plaintiffs.
12 Dr. Rothman is a board certified radiologist. Mr. Brinig specializes in the valuation of going
13 business concerns and professional practices, damages matters, and investigative accounting.
14 7. Defendants had filed a Motion for Summary Adjudication on one of Plaintiffs
15 claims for damages. The motion was denied on June 16, 2021, but if it had been granted than it
‘
16 likely would not have been necessary to designate Mr. Brinig as an expert.
17 8. The parties are seeking to continue trial until September or October 202 1 The parties .
18 were in contact with the clerk following the MSA hearing and she provided two potential dates in
19 September 2021 for trial. I had preliminary conversations with Mr. Herzog regarding the two
20 potential dates on June 16, 2021, and told him that I had pre-planned travel plans that conflicted g
21 with the proposed dates. I informed Mr. Herzog that I would begin to inquire whether the
22 defendants, defense experts and witnesses were available later in the month of September or early
23 October 2021 and then report back to him. I told him I was starting a jury trial 0n Friday, June 18,
24 2021 so there would be a delay in my reporting back to him.
25 9. I am currently in trial on another matter but is attempting to confirm the defense
26 witnesses’ availability.
27 10. Similarly, Defendants were not aware 0fthe need for a retained radiologist until June
28 15, 2021, after the date Plaintiff proposes the second designation was due. Plaintiff produced an
DECLARATION OF CHERIE A. ENGE IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION
2.
Document Filed Date
June 24, 2021
Case Filing Date
March 21, 2019
Category
Personal Injury Motor Vehicle Unlimited
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. Oberrecht [C.S.B. No. 190794] SgPERvoR F L E i Klmberly S. Cherie A. Enge [C.S.B. No. 134998] i‘lygfigém ’“ '8E§€A§§SP "“~’-DIN0 ~- Cheyenne Page [C.S.B. No. 323354] J. Dosrmc“ Andrew B. Dorr [C.S.B. No. 317546] JUN 2 4 2021 HORTON, OBERRECHT & KIRKPATRICK 101 W. Broadway, Suite 600 By San Diego, California 92101 v * LAURA BRucK, DEPUTY (619) 232-1 183 (619) 696-5719 [facsimile] \OOONQU'IADJNr—d 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 CENTRAL JUDICIAL DISTRICT BRIAN MAHAFFEY & ASHLEY MAHAFFEY, ) CASE NO. CIVDSl908657 ) Plaintiff, ) ) DECLARATION OF CHERIE A. vs. ) ENGE IN SUPPORT OF ) OPPOSITION T0 EX PARTE RICHARD WILSON; JOSE MEDINA; ) APPLICATION TO STRIKE LATE COLORAMA WHOLESALE NURSERY dba ) SUPPLEMENTAL DESIGNATION COLORAMA, and DOES 1 through 100, ) OF EXPERTS 0R IN THE Inclusive, ) ALTERNATIVE SHORTEN TIME ) Action Filed: March 21, 2019 NNNNNNNNN—tb—IHHHb—dr—Ir—nb—tI—I Defendants. ) ) Trial Date: July 19, 2021 Dept. S30 OOHQM-thHoemflQMAWNHO I, Cherie A. Enge, declare as follows: 1. I am an attorney admitted to practice law before all of the courts in the State of California. 2. I am an associate with the law firm of Horton, Oberrecht & Kirkpatrick, attorneys ofrecord for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE NURSERY (hereinafter collectively “Defendants”). 3. I am familiar with all of the matters asserted herein and if called upon to testify, would and could competently testify thereto. 4. Plaintiff filed the instant Complaint for negligence on or around March 21, 2019. DECLARATION OF CHERIE A. ENGE IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION 1. v V Plaintiff served a first written exchange ofrequired expert witness information on J anuary 25 202 , l . Defendants also served their first written exchange 0f required expert witness information 0n January 25, 202 1. The only two retained experts that Defendants initially designated were Anthony Fenison, M.D. and J. Vincent Filoteo, Ph.D. Dr. Fenison is a board certified orthopedist and Dr. Ulth Filoteo is a licensed psychologist. A copy of this designation is attached as Exhibit A. 5. On February 4, 2021, the Court continued trial from March 15, 2021 until July 19, 2021. A copy of this order is attached to Plaintiff’s moving papers as Exhibit 2. Trial remains on \OOOQON calendar for that date. 6. Defendants served a second written exchange 0f expert witness information based ‘ 10 upon the new trial date, on June 18, 202 1. Defendants designated Stephen Rothman, MD and Brian 11 Brinig as additional retained experts, to rebut the opinions of the experts designated by Plaintiffs. 12 Dr. Rothman is a board certified radiologist. Mr. Brinig specializes in the valuation of going 13 business concerns and professional practices, damages matters, and investigative accounting. 14 7. Defendants had filed a Motion for Summary Adjudication on one of Plaintiffs 15 claims for damages. The motion was denied on June 16, 2021, but if it had been granted than it ‘ 16 likely would not have been necessary to designate Mr. Brinig as an expert. 17 8. The parties are seeking to continue trial until September or October 202 1 The parties . 18 were in contact with the clerk following the MSA hearing and she provided two potential dates in 19 September 2021 for trial. I had preliminary conversations with Mr. Herzog regarding the two 20 potential dates on June 16, 2021, and told him that I had pre-planned travel plans that conflicted g 21 with the proposed dates. I informed Mr. Herzog that I would begin to inquire whether the 22 defendants, defense experts and witnesses were available later in the month of September or early 23 October 2021 and then report back to him. I told him I was starting a jury trial 0n Friday, June 18, 24 2021 so there would be a delay in my reporting back to him. 25 9. I am currently in trial on another matter but is attempting to confirm the defense 26 witnesses’ availability. 27 10. Similarly, Defendants were not aware 0fthe need for a retained radiologist until June 28 15, 2021, after the date Plaintiff proposes the second designation was due. Plaintiff produced an DECLARATION OF CHERIE A. ENGE IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION 2.