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'fiflfiCGJHN/AL
Nathan A. Oyster (SBN 225307)
E-mail: noyster@bwslaw.com
Stephgme A. Quartararo (SBN 3 1 7976)
[Filing
Gov’t
CW elm Burwant t0
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fin‘chD
AN BERNAggN BER~1L$FORMA
E-mall: squartararo@bwslaw.com 'NQDISTR%¥0
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BURKE, WILLIAMS & SORENSEN, LLP APR o
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444 South Flower Street, Suite 2400
5 2932
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Los Angeles, CA 90071-2953" x E
Tel: 213.236.0600 Fax: 213:2‘36
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Attorneys for Defendants
CITY 0F RIALTO (sued herein also as CITY 0F
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\N ,—
RIALTO POLICE DEPARTMENT) and
NICHOLAS ADAM BESHEER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO 37(935
10
C
11
RICARDO GOMEZ, an Individual, Case No. CIVDSZOO9827
12
Plaintiff, EX PARTE APPLICATION FOR ORDER
13 CONTINUING TRIAL AND TRIAL
V. RELATED DEADLINES AND REQUEST
14 FOR LEAVE TO TAKE SUBSEQUENT
CITY OF RIALTO POLICE DEPOSITION OF PLAINTIFF
15 DEPARTMENT, a Government Entity;
CITY OF RIALTO, a Government entity; JFAP: Honorable Thomas S. Garza
16 NICHOLAS ADAM BESHEER, an Dept. $27
Individual; and DOES through 50,
1
17 Inclusive, Action Filed: May 29, 2020
Trial Date: May 23, 2022
18 Defendants.
[Filed concurrently with Declaration 0f
19 Stephanie A. Quartararo and [Proposed]
20
order]
ér/k/Z Z ‘1
‘
w Aw
21
22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
23 PLEASE TAKE NOTICE that on April 6, 2022, at 8:30 a.m. in Department S-27 of the
24 above-captioned court, Defendants City of Rialto (“City”) and Nicholas Adam Besheer (“Officer
25 Besheer”) will move this Court for an order granting this Ex Parte Application to continue the
26 trial date in this matter t0 August 29, 2022, 0r to a date convenient to the Court, as well as all trial
27 related deadlines in accordance with the new trial date. Defendants will also seek leave pursuant
28 to Code Civ. Proc. section 2025.610 (b) to take a subsequent deposition 0f Plaintiff, limited to
IRV #4891-9286-9658 v1 - 1 -
BURKE, WILLIAMS 8:
SORENSEN, LLP EX PARTE APPLICATION FOR ORDER CONT] NU NG TRIAL AND RELATED DEADLINES AND FOR
|
ATTORNEYS AT LAW
LOS ANGELES SUB SEQUENT DEPOSITION OF PLAINTIFF
two hours in time, relating to his injuries and damages following his initial March 17, 2021
deposition. Defendants will appear by remote means, via CouItCall.
The application is based on this notice, application, memorandum ofpoints and
of Stephanie A. Quartararo, the records and files of this
UI-PWN
authorities, the attached declaration
action, and 0n such other and further oral and/or documentary evidence as may be presented at
the hearing 0n this application.
GOOD CAUSE EXISTS for the trial continuance because, due to Plaintiff’s ongoing
and expert
\OOOQQ
medical treatment, additional time is needed t0 conduct further discovery before trial
depositions. Plaintiff’s treatment has been ongoing since October 2, 2019 and as recently as
10 December 14, 2021, Plaintiff purportedly identified a new symptom that his medical provider
1 1 opined may require spinal injections and surgery and scheduled a follow-up visit to take place
12 within three months. Defendants seek to obtain additional discovery relating to Plaintiff’s new
13 symptom(s) and any planned further treatment, which they are aware may include a second
14 surgery. Additional records from Plaintiff’ s medical providers pertaining to prior treatment,
15 which have been subpoenaed but are outstanding, are also needed prior to the taking 0f expert
16 depositions and trial. Further, good cause exists for a short subsequent deposition of Plaintiff,
17 limited to two hours in time and t0 the injuries and damages sustained following his initial
18 deposition on March 17, 202, because Plaintiff has obtained significant treatment and has
19 incurred substantial medical damages since his initial deposition, including a lumbar spinal fusion
20 surgery that took place on June 9, 2021. Finally, good cause exists to seek this relief on an ex
21 parte basis because relief cannot be sought by any other means due to the closely approaching
22 trial and trial related deadlines. Accordingly, Defendants respectfully request the Court continue
23 trial until August 29, 2022, 0r to a date convenient to the Court, t0 allow for additional discovery
24 to take place. Defendants also request leave t0 take a limited second deposition 0f Plaintiff
25 / / /
26 / / /
27 / / /
28 / / /
IRV #4891-9286—9658 v1 _ 2 _
8‘
BU$§§g§¥;25‘££”E
ATTORNEYS AT LAW
EX PARTE APPLICATION FOR ORDER CONTINUING TRIAL AND RELATED DEADLINES AND FOR SUBSEQUENT
L05 ANGELES DEPOSITION OF PLAINTIFF
Preview
'fiflfiCGJHN/AL Nathan A. Oyster (SBN 225307) E-mail: noyster@bwslaw.com Stephgme A. Quartararo (SBN 3 1 7976) [Filing Gov’t CW elm Burwant t0 ' fin‘chD AN BERNAggN BER~1L$FORMA E-mall: squartararo@bwslaw.com 'NQDISTR%¥0 ‘ BURKE, WILLIAMS & SORENSEN, LLP APR o % Wa 444 South Flower Street, Suite 2400 5 2932 ‘ Los Angeles, CA 90071-2953" x E Tel: 213.236.0600 Fax: 213:2‘36 t . i g Attorneys for Defendants CITY 0F RIALTO (sued herein also as CITY 0F ~f::\::- ' ' \N ,— RIALTO POLICE DEPARTMENT) and NICHOLAS ADAM BESHEER SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 37(935 10 C 11 RICARDO GOMEZ, an Individual, Case No. CIVDSZOO9827 12 Plaintiff, EX PARTE APPLICATION FOR ORDER 13 CONTINUING TRIAL AND TRIAL V. RELATED DEADLINES AND REQUEST 14 FOR LEAVE TO TAKE SUBSEQUENT CITY OF RIALTO POLICE DEPOSITION OF PLAINTIFF 15 DEPARTMENT, a Government Entity; CITY OF RIALTO, a Government entity; JFAP: Honorable Thomas S. Garza 16 NICHOLAS ADAM BESHEER, an Dept. $27 Individual; and DOES through 50, 1 17 Inclusive, Action Filed: May 29, 2020 Trial Date: May 23, 2022 18 Defendants. [Filed concurrently with Declaration 0f 19 Stephanie A. Quartararo and [Proposed] 20 order] ér/k/Z Z ‘1 ‘ w Aw 21 22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 23 PLEASE TAKE NOTICE that on April 6, 2022, at 8:30 a.m. in Department S-27 of the 24 above-captioned court, Defendants City of Rialto (“City”) and Nicholas Adam Besheer (“Officer 25 Besheer”) will move this Court for an order granting this Ex Parte Application to continue the 26 trial date in this matter t0 August 29, 2022, 0r to a date convenient to the Court, as well as all trial 27 related deadlines in accordance with the new trial date. Defendants will also seek leave pursuant 28 to Code Civ. Proc. section 2025.610 (b) to take a subsequent deposition 0f Plaintiff, limited to IRV #4891-9286-9658 v1 - 1 - BURKE, WILLIAMS 8: SORENSEN, LLP EX PARTE APPLICATION FOR ORDER CONT] NU NG TRIAL AND RELATED DEADLINES AND FOR | ATTORNEYS AT LAW LOS ANGELES SUB SEQUENT DEPOSITION OF PLAINTIFF two hours in time, relating to his injuries and damages following his initial March 17, 2021 deposition. Defendants will appear by remote means, via CouItCall. The application is based on this notice, application, memorandum ofpoints and of Stephanie A. Quartararo, the records and files of this UI-PWN authorities, the attached declaration action, and 0n such other and further oral and/or documentary evidence as may be presented at the hearing 0n this application. GOOD CAUSE EXISTS for the trial continuance because, due to Plaintiff’s ongoing and expert \OOOQQ medical treatment, additional time is needed t0 conduct further discovery before trial depositions. Plaintiff’s treatment has been ongoing since October 2, 2019 and as recently as 10 December 14, 2021, Plaintiff purportedly identified a new symptom that his medical provider 1 1 opined may require spinal injections and surgery and scheduled a follow-up visit to take place 12 within three months. Defendants seek to obtain additional discovery relating to Plaintiff’s new 13 symptom(s) and any planned further treatment, which they are aware may include a second 14 surgery. Additional records from Plaintiff’ s medical providers pertaining to prior treatment, 15 which have been subpoenaed but are outstanding, are also needed prior to the taking 0f expert 16 depositions and trial. Further, good cause exists for a short subsequent deposition of Plaintiff, 17 limited to two hours in time and t0 the injuries and damages sustained following his initial 18 deposition on March 17, 202, because Plaintiff has obtained significant treatment and has 19 incurred substantial medical damages since his initial deposition, including a lumbar spinal fusion 20 surgery that took place on June 9, 2021. Finally, good cause exists to seek this relief on an ex 21 parte basis because relief cannot be sought by any other means due to the closely approaching 22 trial and trial related deadlines. Accordingly, Defendants respectfully request the Court continue 23 trial until August 29, 2022, 0r to a date convenient to the Court, t0 allow for additional discovery 24 to take place. Defendants also request leave t0 take a limited second deposition 0f Plaintiff 25 / / / 26 / / / 27 / / / 28 / / / IRV #4891-9286—9658 v1 _ 2 _ 8‘ BU$§§g§¥;25‘££”E ATTORNEYS AT LAW EX PARTE APPLICATION FOR ORDER CONTINUING TRIAL AND RELATED DEADLINES AND FOR SUBSEQUENT L05 ANGELES DEPOSITION OF PLAINTIFF