On March 21, 2019 a
Party Discovery
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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F F
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.
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x.
.‘I
r
OUPEHOR céuar
D
CALIFORmA
Robert Weinstein, Esq. [Bar No. 140412]
Cmmgfimgggfigego
ROBERT s. WEINSTEIN & Assoc.
12401 Wilshire Boulevard, Suite 200
AUG (_) 8 2023
Los Angelcs, California 90025
T: (310) 277-7762
1039 S. PalmGanyon Drive—r~ d N~ ~ r Hr r
Palm Springs, California 92264 0m 7““ .D
T: (760) 797-5502
Weinsteinlawl 00@aol. com
OWQQ'JI
Ian Herzog, Esq. [Bar No. 41396]
Thomas F. Yuhas, Esq. [Bar No. 78679]
HERZOG, YUHAS, EHRLICH & ARDELL
A Professional Corporation
11400 West Olympic Boulevard, Suite 1150
Los Angeles, Cali fomia 90064
10
Telephone: (3 10)458-6660
ll
Facsimile : (310) 458-9065
herzog@ix. netcom. com
12 tomyuhas@ix.netcom.com
l3 Attorneys for Plaintifi‘s,
BRIAN MAHAFFEY & ASHLEY MAHAFFEY
l4
1N THE SUPERIOR COURT OF CALIFORNIA
15
l6
COUNTY 0F SAN BERNARDINO — CENTRAL
l7 BRIAN MAHAFFEY and ASHLEY CASE NO. CIVDSI908657
MAHAFFEY,
18 [Assignedfor All Pumoses to the Hon. Corey G.
Plaintiffs, Lee. Dept. $15]
l9
vs. PLAINTIFFS’ NOTICE 0F INTENT TO
20
PRESENT TESTIMONY 0F DOUGLAS
21 RICHARD WILSON; JOSE MEDINA; ROGER, M.D. VIA HIS DEPOSITION;
COLORAMA WHOLESALE NURSERY dba DECLARATION 0F COUNSEL
22 COLORAMA; and DOES 1 through 100,
Inclusive. TRIAL: August 10, 2023
23
TIME: 10:00 A.M.
Defendants. DEPT.: SIS
24
25
26 TO ALL PARTIES AND T0 THEIR ATTORNEYS 0F RECORD:
27 PLEASE TAKE NOTICE that Plaintifl" intends to prwent the testimony of Plaintiff’s
28 orthopedic physician, Douglas Roger, M.D., via his deposition taken on August 31, 2021. This intent
-1.—
PLAINTIFFS’ NOTICE 0F INTENT TO PRESENT TESTIMONY OF DOUGLAS ROGER,
MD. VIA HIS DEPOSITION
to have Dr. Roger appear at trial via his testimony is made on the following grounds:
This intent is being advanced pursuant to C.C.P. § 2025.620(c)(2)(C), because of Exhibit l
which is an email received from orthopedist doctor, Douglas Roger, M.D., Friday, August 4, 2023
and about which defense counsel was immediately phoned and the email sent.
OOOQQMAWN—
Because of his unfortunate, debilitating medical predicament, the only way Dr. Roger can
appear at trial is via his deposition. His situation qualifiw for use of his deposition as his trial
testimony per the above cited C.C.P. section.
The deposition was not video recorded. It was taken via Zoom. That means designation of
deposition page and line numbers are needed. Those dwignatcd portions we propose to read as Dr.
Roger’s trial testimony is attached.
DATED: August 7, 2023 HERZOG, YUHAS, EHRLICH & ARDELL,
A Professional Corporation
By: qwjj@>
\IAWHERZOG
THOMAS F. YUHAS
ROBERT WEINSTEIN
Attorneys for Plaintiffs BRIAN MAHAFFEY and
ASHLEY MAHAFFEY
NNNNNNNNNM—Hmfl—nfl—AHH
WQQM$NN~OQWNQMAWNflo
-2-
PLAINTIFFS' NOTICE OF INTENT TO PRESENT TESTIMONY OF DOUGLAS ROGER,
MD. VIA HIS DEPOSITION
Document Filed Date
August 08, 2023
Case Filing Date
March 21, 2019
Category
Personal Injury Motor Vehicle Unlimited
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F F y . . . - x. .‘I r OUPEHOR céuar D CALIFORmA Robert Weinstein, Esq. [Bar No. 140412] Cmmgfimgggfigego ROBERT s. WEINSTEIN & Assoc. 12401 Wilshire Boulevard, Suite 200 AUG (_) 8 2023 Los Angelcs, California 90025 T: (310) 277-7762 1039 S. PalmGanyon Drive—r~ d N~ ~ r Hr r Palm Springs, California 92264 0m 7““ .D T: (760) 797-5502 Weinsteinlawl 00@aol. com OWQQ'JI Ian Herzog, Esq. [Bar No. 41396] Thomas F. Yuhas, Esq. [Bar No. 78679] HERZOG, YUHAS, EHRLICH & ARDELL A Professional Corporation 11400 West Olympic Boulevard, Suite 1150 Los Angeles, Cali fomia 90064 10 Telephone: (3 10)458-6660 ll Facsimile : (310) 458-9065 herzog@ix. netcom. com 12 tomyuhas@ix.netcom.com l3 Attorneys for Plaintifi‘s, BRIAN MAHAFFEY & ASHLEY MAHAFFEY l4 1N THE SUPERIOR COURT OF CALIFORNIA 15 l6 COUNTY 0F SAN BERNARDINO — CENTRAL l7 BRIAN MAHAFFEY and ASHLEY CASE NO. CIVDSI908657 MAHAFFEY, 18 [Assignedfor All Pumoses to the Hon. Corey G. Plaintiffs, Lee. Dept. $15] l9 vs. PLAINTIFFS’ NOTICE 0F INTENT TO 20 PRESENT TESTIMONY 0F DOUGLAS 21 RICHARD WILSON; JOSE MEDINA; ROGER, M.D. VIA HIS DEPOSITION; COLORAMA WHOLESALE NURSERY dba DECLARATION 0F COUNSEL 22 COLORAMA; and DOES 1 through 100, Inclusive. TRIAL: August 10, 2023 23 TIME: 10:00 A.M. Defendants. DEPT.: SIS 24 25 26 TO ALL PARTIES AND T0 THEIR ATTORNEYS 0F RECORD: 27 PLEASE TAKE NOTICE that Plaintifl" intends to prwent the testimony of Plaintiff’s 28 orthopedic physician, Douglas Roger, M.D., via his deposition taken on August 31, 2021. This intent -1.— PLAINTIFFS’ NOTICE 0F INTENT TO PRESENT TESTIMONY OF DOUGLAS ROGER, MD. VIA HIS DEPOSITION to have Dr. Roger appear at trial via his testimony is made on the following grounds: This intent is being advanced pursuant to C.C.P. § 2025.620(c)(2)(C), because of Exhibit l which is an email received from orthopedist doctor, Douglas Roger, M.D., Friday, August 4, 2023 and about which defense counsel was immediately phoned and the email sent. OOOQQMAWN— Because of his unfortunate, debilitating medical predicament, the only way Dr. Roger can appear at trial is via his deposition. His situation qualifiw for use of his deposition as his trial testimony per the above cited C.C.P. section. The deposition was not video recorded. It was taken via Zoom. That means designation of deposition page and line numbers are needed. Those dwignatcd portions we propose to read as Dr. Roger’s trial testimony is attached. DATED: August 7, 2023 HERZOG, YUHAS, EHRLICH & ARDELL, A Professional Corporation By: qwjj@> \IAWHERZOG THOMAS F. YUHAS ROBERT WEINSTEIN Attorneys for Plaintiffs BRIAN MAHAFFEY and ASHLEY MAHAFFEY NNNNNNNNNM—Hmfl—nfl—AHH WQQM$NN~OQWNQMAWNflo -2- PLAINTIFFS' NOTICE OF INTENT TO PRESENT TESTIMONY OF DOUGLAS ROGER, MD. VIA HIS DEPOSITION