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THE LAW OFFICE 0F JONATHAN M. KASHANI, P.L.C.
JONATHAN M. KASHANI, State Bar No. 266610
jonathan@kashlegal.com
BRIGITTE M. MAYO, State Bar No. 173584
brigitte.mavo@kashlegal.com
F
GARY GUILLEN, Bar No. 337780
State
I
supgnsoa COgEfT§IPCALlF0RI§w
garv. guillen@kashlegal.com COJNTYC?\Z[‘SRI;§3$ARDINU
Kash Legal Building
2839 South Robertson Boulevard
GS” E 8 *3
Los Angeles, California 90034
Telephone: (3 10) 272-7157
Facsimile: (310) 272-7746
By: 35AM QM
SYephanie Reed, Deputy
litigationteam@kashlegal.com
Attorneys for Plaintiff, BARBARA WILLIAMS
10
SUPERIOR COURT OF THE STATE 0F CALIFORNIA
11
12
COUNTY OF SAN BERNARDINO
13 BARBARA WILLIAMS, CASE NO. CIVD82002655
14
Plaintiff, PLAINTIFF’S EX PARTE APPLICATION
15 FOR ORDER CONTINUING DEFENDANT
MARICLARE MALDONADO’S MOTION
16 VS. FOR SUMMARY ADJUDICATION;
MEMORANDUM OF POINTS AND
17 TROY WILSON; DOES
and 1 to 100, inclusive, AUTHORITIES IN SUPPORT THEREOF;
18
DECLARATION OF GARY GUILLEN, ESQ.
Defendant. AND EXHIBITS THERETO
19
[served andfiled with [PROPOSED] ORDER THEREON]
20
21
Date: October 19, 2022 O
Time:
Dept:
8:30
S30
am.
5e Wan/er
22
Trial Readiness Conference: March 9, 2023
23
Trial Date: March 13, 2023
24
25
26 ///
27 ///
28 ///
PLAINTIFF’S EX PARTE APPLICATION FOR ORDER CONTINUING MOTION FOR SUMMARY ADJUDICATION; MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GARY GUILLEN, ESQ. AND EXHIBITS THERETO
1
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that 0n October 19, 2022, at 8:30 a.m. 0r as soon thereafter as the
matter may be heard in Department S30 at the 0f above—entitled court located at 247 West Third Street,
San Bemardino, California 92415, Plaintiff BARBARA WILLIAMS (“Plaintiff”), will and hereby does
move the court ex parte for an Order to Continue the hearing 0n the Motion for Summary Adjudication
filed by Defendant, MARICLARE MALDONADO (“Moving Defendant” or “Defendant Maldonado”),
scheduled t0 be heard 0n November 8, 2022, t0 December 20, 2022.
GOOD CAUSE exists for the requested relief, on the following grounds:
1. The primary handling attorney for Plaintiff in this matter was Sayeh Dayen, who left the
10 firm on July 8, 2022. The only two (2) remaining attorneys were Jonathan M. Kashani and
11 Brigitte M. Mayo, both of which were preparing for two separate trials set — one set on August
12 15, 2022, and one set on August 31, 2022. The discovery necessary to oppose this Motion had
13 not yet been completed despite Plaintiff’ s efforts.
14 2. Facts necessary t0 oppose the Motion for Summary Adjudication involve taking the
15 deposition of Defendant TROY WILSON’S (“Defendant Wilson”) pain management doctor,
16 James I. Rho, M.D. (“Dr. Rho”), who prescribed medication that Defendant Wilson was taking at
17 the time of the accident and on which Plaintiff contends impeded his ability to drive.
18 3. On July 29, 2022, Plaintiff’s counsel issued a Deposition Subpoena For Personal
19 Appearance And Production Of Documents And Things to Defendant Wilson’s prescribing
20 physician, Dr. Rho. This subpoena was personally served 0n Dr. Rho on August 1, 2022, and the
21 corresponding deposition with document production was scheduled for August 26, 2022.
22 4. On August 1, 2022, Plaintiff’s counsel received an email from Dr. Rho’s office indicating
23 that he would not be available for deposition on August 26, 2022, as requested in the subpoena
24 served on him, and informed Plaintiff‘s counsel that the earliest available date for rescheduling
25 was September 13, 2022.
26 5. On August 2, 2022, an ex parte application by Plaintiff requesting the same relief as this
27 instant ex parte was heard by this Court before the Honorable Winston Keh. At this hearing, the
28 Court granted Plaintiff” s ex parte application in order to conduct the aforementioned necessary
PLAINTIFF’S EX PARTE APPLICATION FOR ORDER CONTINUING MOTION FOR SUMMARY ADJUDICATION; MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GARY GUILLEN, ESQ. AND EXHIBITS THERETO
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Preview
a THE LAW OFFICE 0F JONATHAN M. KASHANI, P.L.C. JONATHAN M. KASHANI, State Bar No. 266610 jonathan@kashlegal.com BRIGITTE M. MAYO, State Bar No. 173584 brigitte.mavo@kashlegal.com F GARY GUILLEN, Bar No. 337780 State I supgnsoa COgEfT§IPCALlF0RI§w garv. guillen@kashlegal.com COJNTYC?\Z[‘SRI;§3$ARDINU Kash Legal Building 2839 South Robertson Boulevard GS” E 8 *3 Los Angeles, California 90034 Telephone: (3 10) 272-7157 Facsimile: (310) 272-7746 By: 35AM QM SYephanie Reed, Deputy litigationteam@kashlegal.com Attorneys for Plaintiff, BARBARA WILLIAMS 10 SUPERIOR COURT OF THE STATE 0F CALIFORNIA 11 12 COUNTY OF SAN BERNARDINO 13 BARBARA WILLIAMS, CASE NO. CIVD82002655 14 Plaintiff, PLAINTIFF’S EX PARTE APPLICATION 15 FOR ORDER CONTINUING DEFENDANT MARICLARE MALDONADO’S MOTION 16 VS. FOR SUMMARY ADJUDICATION; MEMORANDUM OF POINTS AND 17 TROY WILSON; DOES and 1 to 100, inclusive, AUTHORITIES IN SUPPORT THEREOF; 18 DECLARATION OF GARY GUILLEN, ESQ. Defendant. AND EXHIBITS THERETO 19 [served andfiled with [PROPOSED] ORDER THEREON] 20 21 Date: October 19, 2022 O Time: Dept: 8:30 S30 am. 5e Wan/er 22 Trial Readiness Conference: March 9, 2023 23 Trial Date: March 13, 2023 24 25 26 /// 27 /// 28 /// PLAINTIFF’S EX PARTE APPLICATION FOR ORDER CONTINUING MOTION FOR SUMMARY ADJUDICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GARY GUILLEN, ESQ. AND EXHIBITS THERETO 1 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that 0n October 19, 2022, at 8:30 a.m. 0r as soon thereafter as the matter may be heard in Department S30 at the 0f above—entitled court located at 247 West Third Street, San Bemardino, California 92415, Plaintiff BARBARA WILLIAMS (“Plaintiff”), will and hereby does move the court ex parte for an Order to Continue the hearing 0n the Motion for Summary Adjudication filed by Defendant, MARICLARE MALDONADO (“Moving Defendant” or “Defendant Maldonado”), scheduled t0 be heard 0n November 8, 2022, t0 December 20, 2022. GOOD CAUSE exists for the requested relief, on the following grounds: 1. The primary handling attorney for Plaintiff in this matter was Sayeh Dayen, who left the 10 firm on July 8, 2022. The only two (2) remaining attorneys were Jonathan M. Kashani and 11 Brigitte M. Mayo, both of which were preparing for two separate trials set — one set on August 12 15, 2022, and one set on August 31, 2022. The discovery necessary to oppose this Motion had 13 not yet been completed despite Plaintiff’ s efforts. 14 2. Facts necessary t0 oppose the Motion for Summary Adjudication involve taking the 15 deposition of Defendant TROY WILSON’S (“Defendant Wilson”) pain management doctor, 16 James I. Rho, M.D. (“Dr. Rho”), who prescribed medication that Defendant Wilson was taking at 17 the time of the accident and on which Plaintiff contends impeded his ability to drive. 18 3. On July 29, 2022, Plaintiff’s counsel issued a Deposition Subpoena For Personal 19 Appearance And Production Of Documents And Things to Defendant Wilson’s prescribing 20 physician, Dr. Rho. This subpoena was personally served 0n Dr. Rho on August 1, 2022, and the 21 corresponding deposition with document production was scheduled for August 26, 2022. 22 4. On August 1, 2022, Plaintiff’s counsel received an email from Dr. Rho’s office indicating 23 that he would not be available for deposition on August 26, 2022, as requested in the subpoena 24 served on him, and informed Plaintiff‘s counsel that the earliest available date for rescheduling 25 was September 13, 2022. 26 5. On August 2, 2022, an ex parte application by Plaintiff requesting the same relief as this 27 instant ex parte was heard by this Court before the Honorable Winston Keh. At this hearing, the 28 Court granted Plaintiff” s ex parte application in order to conduct the aforementioned necessary PLAINTIFF’S EX PARTE APPLICATION FOR ORDER CONTINUING MOTION FOR SUMMARY ADJUDICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GARY GUILLEN, ESQ. AND EXHIBITS THERETO 2