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.
Preview
SUPER!’RO CFL, LTEF3
COUNTYRoggATgFCALIFOHNIA
C’V‘Loiwsom“ “Rm“ o
3E.
Kimberly s. Oberrecht [C.s.B. No. 190794]
Cherie A. Enge [C. S B. No. 134998]
a ’
AndrewB. Don [C s B. No 317546] JAN 2’
6 232?
V
HORTON, OBERRECHT & KIRKPATRICK x
101 W. Broadway, Suite 600
'*
2'-
San Diego, California 92101 » ( ‘i
\._>
‘
a”hams
232-1183 *
"
(619) 696-5719
(619) [facsimile] none“
”@513
RICHARD WILSON; JOSE MEDINA; and COLORAMA
Attorneys for Defendants
WHOLESALE NURSERY dba COLORAMA
\DOOQG
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. CIVDSl908657
)
12 Plaintiff, ) DECLARATION 0F CHERIE A.
) ENGE 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. 830
Defendants. )
17 )
18
19 I, Cherie A. Enge, declare as follows:
20 1. I am an attorney admitted t0 practice law before all of the courts in the State of
21 California.
22 2. I am an associate with the law firm of Horton, Oberrecht & Kirkpatrick, attorneys
23 ofrecord for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE
24 NURSERY dba COLORAMA (hereinafter collectively “Defendants”).
25 3. I am familiar with all of the matters asserted‘herein and if called upon to testify,
26 would and could competently testify thereto.
27 4. This matter arises out of an automobile accident that occurred on April 10, 201 8, in
28 Yucca Valley, California. Plaintiffs Brian and Ashley Mahaffey claim to have sustained personal
DECLARATION OF CHERIE A. ENGE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL
1.
injuries. Plaintiff Brian Mahaffey claims to have suffered a traumatic brain injury.
5. Plaintiffs filed their Complaint in San Bernardino County Superior Court on or
around March 21, 2019.
6. Defendants took the deposition of Plaintiff Brian Mahaffey’s treating neurologist
Yuvrej Grewal on November 22, 2022. Defendants learned in connection with that deposition that
Dr. Grewal was recommending PlaintiffBrian Mahaffey undergo a cardiology evaluation. Selected
portions of this deposition are attached as Exhibit A.
\DOOVO\
7. Defendants propounded Special Interrogatories (Set Five) 0n November 29, 2022.
These interrogatories are attached as Exhibit B.
10 8. On December 27, 2022, Defendants brought an ex parte application to continue trial.
11 The grounds for the requested continuance were that Plaintiff Brian Mahaffey had just recently
12 disclosed two additional claims for injuries related to the subject accident - including the new
13 argument that he needed t0 be evaluated by a cardiologist. Defendants requested the continuance
14 in order to conduct additional discovery regarding cardiac and cardiological issues.
15 9. Trial was set to proceed on January 9, 2023. Copies ofthe Memorandum of Points
16 and Authorities and Proposed Order are attached as Exhibits C and D respectfully.
17 10. The Coult granted the ex parte application on December 29, 2022. The Court did not
18 issue a written order and granted the request for a continuance from the bench. Trial is currently set
19 for March 6, 2023.
20 11. Responses to Special Interrogatories (Set Five) were due on January 3, 2023.
21 Plaintiffs did not provide any responses or objections on that date.
22 12. Defendants sent meet and confer correspondence on January 4, 2023, requesting that
23 Plaintiffs provide verified responses without objections. A copy of this meet and confer letter is
24 attached as Exhibit E.
25 1 3. Plaintiffs provideq a short reply summarily rejecting Defendants’ request on January
26 11, 2023. This correspondence is attached as Exhibit F.
27 14. Defendants sent additional meet and confer correspondence 0n January 17, 2023,
28 refuting the point made in Plaintiffs’ letter. This correspondence is attached as Exhibit G.
DECLARATION OF CHERIE A. ENGE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL
2.
Document Filed Date
January 26, 2023
Case Filing Date
March 21, 2019
Category
Personal Injury Motor Vehicle Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
SUPER!’RO CFL, LTEF3 COUNTYRoggATgFCALIFOHNIA C’V‘Loiwsom“ “Rm“ o 3E. Kimberly s. Oberrecht [C.s.B. No. 190794] Cherie A. Enge [C. S B. No. 134998] a ’ AndrewB. Don [C s B. No 317546] JAN 2’ 6 232? V HORTON, OBERRECHT & KIRKPATRICK x 101 W. Broadway, Suite 600 '* 2'- San Diego, California 92101 » ( ‘i \._> ‘ a”hams 232-1183 * " (619) 696-5719 (619) [facsimile] none“ ”@513 RICHARD WILSON; JOSE MEDINA; and COLORAMA Attorneys for Defendants WHOLESALE NURSERY dba COLORAMA \DOOQG 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. CIVDSl908657 ) 12 Plaintiff, ) DECLARATION 0F CHERIE A. ) ENGE 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. 830 Defendants. ) 17 ) 18 19 I, Cherie A. Enge, declare as follows: 20 1. I am an attorney admitted t0 practice law before all of the courts in the State of 21 California. 22 2. I am an associate with the law firm of Horton, Oberrecht & Kirkpatrick, attorneys 23 ofrecord for Defendants RICHARD WILSON; JOSE MEDINA; and COLORAMA WHOLESALE 24 NURSERY dba COLORAMA (hereinafter collectively “Defendants”). 25 3. I am familiar with all of the matters asserted‘herein and if called upon to testify, 26 would and could competently testify thereto. 27 4. This matter arises out of an automobile accident that occurred on April 10, 201 8, in 28 Yucca Valley, California. Plaintiffs Brian and Ashley Mahaffey claim to have sustained personal DECLARATION OF CHERIE A. ENGE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL 1. injuries. Plaintiff Brian Mahaffey claims to have suffered a traumatic brain injury. 5. Plaintiffs filed their Complaint in San Bernardino County Superior Court on or around March 21, 2019. 6. Defendants took the deposition of Plaintiff Brian Mahaffey’s treating neurologist Yuvrej Grewal on November 22, 2022. Defendants learned in connection with that deposition that Dr. Grewal was recommending PlaintiffBrian Mahaffey undergo a cardiology evaluation. Selected portions of this deposition are attached as Exhibit A. \DOOVO\ 7. Defendants propounded Special Interrogatories (Set Five) 0n November 29, 2022. These interrogatories are attached as Exhibit B. 10 8. On December 27, 2022, Defendants brought an ex parte application to continue trial. 11 The grounds for the requested continuance were that Plaintiff Brian Mahaffey had just recently 12 disclosed two additional claims for injuries related to the subject accident - including the new 13 argument that he needed t0 be evaluated by a cardiologist. Defendants requested the continuance 14 in order to conduct additional discovery regarding cardiac and cardiological issues. 15 9. Trial was set to proceed on January 9, 2023. Copies ofthe Memorandum of Points 16 and Authorities and Proposed Order are attached as Exhibits C and D respectfully. 17 10. The Coult granted the ex parte application on December 29, 2022. The Court did not 18 issue a written order and granted the request for a continuance from the bench. Trial is currently set 19 for March 6, 2023. 20 11. Responses to Special Interrogatories (Set Five) were due on January 3, 2023. 21 Plaintiffs did not provide any responses or objections on that date. 22 12. Defendants sent meet and confer correspondence on January 4, 2023, requesting that 23 Plaintiffs provide verified responses without objections. A copy of this meet and confer letter is 24 attached as Exhibit E. 25 1 3. Plaintiffs provideq a short reply summarily rejecting Defendants’ request on January 26 11, 2023. This correspondence is attached as Exhibit F. 27 14. Defendants sent additional meet and confer correspondence 0n January 17, 2023, 28 refuting the point made in Plaintiffs’ letter. This correspondence is attached as Exhibit G. DECLARATION OF CHERIE A. ENGE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION TO CONTINUE TRIAL 2.