On January 24, 2020 a
Motion-Secondary
was filed
involving a dispute between
Williams, Barbara,
and
Maldonado, Mariclare,
Wilson, Troy,
for Personal Injury Motor Vehicle Unlimited
in the District Court of San Bernardino County.
Preview
Ognian Gavrilov (SBN 258583) ELECTRONICALLY FILED (Auto)
David S. Kahn (SBN 148639) SUPERIOR COURT OF CALIFOF. NIA
GAVRILOV & BROOKS COUNTY OF SAN BERNARDINO
12/5/2023 4:04 PM
23 15 Capitol Avenue
Sacramento, CA 958 1 6
Telephone: (916) 504-0529
KOOOQOUI-bUJNr—t
Email: ognian@gavrilovlaw.com
Email: dkahn@gavrilovlaw.com
Jonathan M. Kashani,
(SBN 266610)
Esq.
LAW OFFICE OF JONATHAN M. KASHANI
2839 S. Robertson Boulevard
Los Angeles, California 90034
Tel: (310) 272-7157
Fax: (310) 272-7746
Email: jonathan@kashlegal.com
Attorneys for Plaintiff
BARBARA WILLIAMS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
NNNNNNNNNHr—tr—tr—Ab—Ab—Ar—tr—tr—Ab—A
BARBARA WILLIAMS, an Individual, Case N0: CIVD82002655
Plaintiff,
PLAINTIFF BARBARA WILLIAMS
OPPOSITION T0 DEFENDANTS’
OONOKIIJ>UJNHOKOOOQOMJ>UJNHO MOTION T0 BIFURCATE TRIAL (AND
TROY WILSON; DOES 1 TO 100, EX PARTE APPLICATION T0 ADVANCE
THE HEARING)
Defendants.
Date: December 7, 2023
Time: 8:30 am
Dept: S37
1
PLAINTIFF BARBARA WILLIAMS OPPOSITION TO DEFENDANTS’ MOTION TO BIFURCATE TRIAL (EX
PARTE APPLICATION TO ADVANCE THE HEARING)
TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD:
PLEASE TAKE NOTICE that Plaintiff Barbara Williams hereby and herewith submits
the enclosed “Opposition” t0 Defendants’ EX Parte Application to Advance the Hearing on the
Motion to Bifurcate Trial.
KOOOQOUI-bUJNr—t
I. INTRODUCTION
At the last minute before trial, defendants seek t0 bifurcate this case. This request is
legally defective, factually defective, and procedurally defective. Defendants’ proposal would
lengthen, not shorten, this case, wasting judicial resources and making What should be a relatively
simple and straightforward personal injury case more difficult and expensive to try. More than
that, the timing now requires plaintiff s counsel to spend time addressing this late filed request
instead of being able t0 use that time to prepare for the imminent jury trial.
II. FACTUAL AND PROCEDURAL BACKGROUND
The Complaint in this matter was filed on 1/24/20. The depositions upon Which
defendants base the instant motion are from 2021 and 2022. Notice of the instant motion was
provided 0n an ex parte basis on November 30, 2023. (Traver Dec., 1] 9.)
NNNNNNNNNHr—tr—tr—Ab—Ab—Ar—tr—tr—Ab—A
The deposition testimony as set forth in the motion identifies clearly that the manner in
Which the accident occurred does not yield the clear liability defendants claim here. (Traver Dec.,
1]
6 [“Plaintiff testified that Plaintiff” s vehicle was not in the intersection at the time of the
OONOKIIJ>UJNHOKOOOQOMJ>UJNHO
collision.”].) Nevertheless, defendants would have this Court substitute itself for the trier of fact
in determining that liability is somehow clearly in defendants’ favor. It is not.
It should also be noted that What the motion refers t0 as an “intersection” is the middle 0f
the roadway Where a driveway entrance/exit is located. This was not a location controlled by a
traffic device such as a set 0f traffic lights. Also, there was n0 middle turn lane. The accident
involves defendant driver turning left into a gas station and plaintiff waiting t0 pull out (or, at
worst, pulling out) of the driveway of that gas station t0 make a right turn onto the roadway.
There is also an allegation by plaintiff 0f a nearby traffic accident Which backed up traffic in the
immediate Vicinity of the accident location here, along with emergency vehicles, causing the flow
0f traffic t0 be somewhat unusual.
2
PLAINTIFF BARBARA WILLIAMS OPPOSITION TO DEFENDANTS’ MOTION TO BIFURCATE TRIAL (EX
PARTE APPLICATION TO ADVANCE THE HEARING)
Document Filed Date
December 05, 2023
Case Filing Date
January 24, 2020
Category
Personal Injury Motor Vehicle Unlimited
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Ognian Gavrilov (SBN 258583) ELECTRONICALLY FILED (Auto) David S. Kahn (SBN 148639) SUPERIOR COURT OF CALIFOF. NIA GAVRILOV & BROOKS COUNTY OF SAN BERNARDINO 12/5/2023 4:04 PM 23 15 Capitol Avenue Sacramento, CA 958 1 6 Telephone: (916) 504-0529 KOOOQOUI-bUJNr—t Email: ognian@gavrilovlaw.com Email: dkahn@gavrilovlaw.com Jonathan M. Kashani, (SBN 266610) Esq. LAW OFFICE OF JONATHAN M. KASHANI 2839 S. Robertson Boulevard Los Angeles, California 90034 Tel: (310) 272-7157 Fax: (310) 272-7746 Email: jonathan@kashlegal.com Attorneys for Plaintiff BARBARA WILLIAMS SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO NNNNNNNNNHr—tr—tr—Ab—Ab—Ar—tr—tr—Ab—A BARBARA WILLIAMS, an Individual, Case N0: CIVD82002655 Plaintiff, PLAINTIFF BARBARA WILLIAMS OPPOSITION T0 DEFENDANTS’ OONOKIIJ>UJNHOKOOOQOMJ>UJNHO MOTION T0 BIFURCATE TRIAL (AND TROY WILSON; DOES 1 TO 100, EX PARTE APPLICATION T0 ADVANCE THE HEARING) Defendants. Date: December 7, 2023 Time: 8:30 am Dept: S37 1 PLAINTIFF BARBARA WILLIAMS OPPOSITION TO DEFENDANTS’ MOTION TO BIFURCATE TRIAL (EX PARTE APPLICATION TO ADVANCE THE HEARING) TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that Plaintiff Barbara Williams hereby and herewith submits the enclosed “Opposition” t0 Defendants’ EX Parte Application to Advance the Hearing on the Motion to Bifurcate Trial. KOOOQOUI-bUJNr—t I. INTRODUCTION At the last minute before trial, defendants seek t0 bifurcate this case. This request is legally defective, factually defective, and procedurally defective. Defendants’ proposal would lengthen, not shorten, this case, wasting judicial resources and making What should be a relatively simple and straightforward personal injury case more difficult and expensive to try. More than that, the timing now requires plaintiff s counsel to spend time addressing this late filed request instead of being able t0 use that time to prepare for the imminent jury trial. II. FACTUAL AND PROCEDURAL BACKGROUND The Complaint in this matter was filed on 1/24/20. The depositions upon Which defendants base the instant motion are from 2021 and 2022. Notice of the instant motion was provided 0n an ex parte basis on November 30, 2023. (Traver Dec., 1] 9.) NNNNNNNNNHr—tr—tr—Ab—Ab—Ar—tr—tr—Ab—A The deposition testimony as set forth in the motion identifies clearly that the manner in Which the accident occurred does not yield the clear liability defendants claim here. (Traver Dec., 1] 6 [“Plaintiff testified that Plaintiff” s vehicle was not in the intersection at the time of the OONOKIIJ>UJNHOKOOOQOMJ>UJNHO collision.”].) Nevertheless, defendants would have this Court substitute itself for the trier of fact in determining that liability is somehow clearly in defendants’ favor. It is not. It should also be noted that What the motion refers t0 as an “intersection” is the middle 0f the roadway Where a driveway entrance/exit is located. This was not a location controlled by a traffic device such as a set 0f traffic lights. Also, there was n0 middle turn lane. The accident involves defendant driver turning left into a gas station and plaintiff waiting t0 pull out (or, at worst, pulling out) of the driveway of that gas station t0 make a right turn onto the roadway. There is also an allegation by plaintiff 0f a nearby traffic accident Which backed up traffic in the immediate Vicinity of the accident location here, along with emergency vehicles, causing the flow 0f traffic t0 be somewhat unusual. 2 PLAINTIFF BARBARA WILLIAMS OPPOSITION TO DEFENDANTS’ MOTION TO BIFURCATE TRIAL (EX PARTE APPLICATION TO ADVANCE THE HEARING)