Preview
1 KENECHI R. AGU. SBN 279846
kagu@kralegal.com
2 KRA LEGAL, PC
2233 W. 190TH ST., UNIT 1
3 TORRANCE, CA 90504
Telephone: (310) 431-9875
4 Facsimile: (855) 372-5792
E-service: litigation@kralegal.com
5
Attorneys for Plaintiff, ESMERALDA CASAREZ
6
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
7
IN THE COUNTY OF KERN
8
9 ESMERALDA CASAREZ, Case No.: BCV-20-101255
10 Plaintiff, Assigned for all purpose to:
Hon.: T. Mark Smith
11 vs. Date: April 19, 2024
Time: 8:30 a.m.
12 Dept.: Courtroom T2
LUIS E. TAYLOR, JR; EMILY Y. TAYOR; and
13 DOES 1-25, Inclusive, PLAINTIFF’S EX PARTE
APPLICATION FOR CONTINUANCE
14 Defendants. OF THE HEARING FOR DEFENDANT,
EMILY TAYLOR’S MOTION FOR
15 SUMMARY JUDGMENT;
MEMORANDUM OF POINTS AND
16 AUTHORITIES; SUPPORTING
DECLARATION OF KENCHI R. AGU
17 (PROPOSED ORDER SUBMITTED
CONCURRENTLY BUT SEPARATELY)
18 Pursuant to Code of Civil Procedure
§437c(h)
19
Action Filed: May 28, 2020
20 Trial Date: June 10, 2024
21
22
23
PLEASE TAKE NOTICE that on April 19, 2024, at 8:30 a.m. or soon thereafter as counsel
24
may be heard, in Courtroom T2 of the above-entitled Court, the Plaintiff will make an Ex Parte
25
Application for the following Orders:
26
(1) To continue the May 08, 2024, hearing date for the pending Motion for Summary Judgment
27
filed by Defendant EMILY TAYLOR for minimum of thirty (90) days, or as soon thereafter as the
28
-1-
EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ
1 Court’s calendar permits to allow the parties to conduct the necessary discovery.
2 Plaintiff’s instant Ex Parte Application is made pursuant to California Rules of Court 3.1200-
3 3.1206, 3.1332(a-d), California Code of Civil Procedure §437c(h), and is based on the following
4 grounds:
5 1. Defendant EMILY TAYLOR’s motion for summary judgment is currently scheduled to
6 be heard on May 08, 2024.
7 2. Plaintiff has been unable to conduct necessary deposition of a key witness in order to
8 adequately oppose Defendant EMILY TAYLOR’s motion for summary judgment.
9 3. After multiple attempts to serve and schedule the deposition of the Third Party Witness,
10 the said Witness has remained elusive to this date. The deposition of the Third Party Witness is
11 necessary for Plaintiff to properly oppose Defendant’s Motion.
12 4. Plaintiff gave timely notice of this Ex Parte Application to Opposing Counsel.
13 Specifically on April 16, 204 at around 1:48 PM. Plaintiff attorney’s office had a telephone
14 conversation with the Defense Counsel’s paralegal regarding the ex parte. Defendant EMILY
15 TAYLOR does not oppose Plaintiff’s ex parte application. See Kenechi Agu’s Declaration.
16 This Application is based upon the attached Memorandum of Points and Authorities, the
17 Declaration of Kenechi R. Agu and exhibits attached thereto, all documents on file in this case, and
18 such other oral and documentary evidence as may be introduced at the hearing of this Motion.
19
20 DATED: April 17, 2024 KRA Legal, P.C.
21 By:_____________________________
Kenechi R. Agu,
22 Attorney for Plaintiff,
23 Esmeralda Casarez
24
25
26
27
28
-2-
EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ
1 LEGAL STANDARD
2 Plaintiff’s instant Ex Parte Application is made pursuant to California Rules of the
3 Court Rules 3.1200-3.1206, 3.1332, and California Code of Civil Procedure Section 437c(h).
4 With regard to a continuance of the Motions for Summary Judgment, the law is well
5 established regarding an opposing party’s right to a continuance or denial of a summary judgment
6 motion when crucial evidence exists but cannot be presented to the Court. The law provides if the
7 opposing party shows by declaration that essential evidence “may exist but cannot, for reasons stated,
8 then be presented, the court shall deny the motion” or continue it for a reasonable period. See Cal.
9 Code Civ. Proc. § 437c(h); see also Bahl v. Bank of America (2001) 89 Cal.App.4th 389, 395;
10 Ambrose v. Michelin North America, Inc. (2005) 134 Cal.App.4th 1350, 1353;
11 Specifically, California Code of Civil Procedure Section 437c(h) provides as follows:
If it appears from the affidavits submitted in opposition to a motion for
12 summary judgment or summary adjudication or both that facts essential
to justify opposition may exist but cannot, for reasons stated, then be
13 presented, the court shall deny the motion, or order a continuance to
permit affidavits to be obtained or discovery to be had or may make any
14 other order as may be just.
15
Section 437c(h) specifically provides that the opposing party may seek such relief on an Ex
16
Parte Application as follows :
17 The application to continue the motion to obtain necessary discovery
may also be made by ex parte motion at any time on or before the date
18 the opposition response to the motion is due.
19
Case law provides that a continuance of a summary judgment hearing is “virtually mandated”
20
where the moving party makes the requisite showing under Section 437c(h). Dee v. Vintage
21
Petroleum, Inc. (2003) 106 Cal.App.4th 30, 34.
22
As duly set forth below, there is key discovery that the Plaintiff does not have in its possession
23
which is essential to Plaintiff’s Opposition to Defendant’s Motions for Summary Judgment. In
24
particular, Plaintiff noticed the deposition of a key eye witness which is crucial to Plaintiff's
25
oppositions. As of the date of the filing of this ex parte, the Third Party Witness remains elusive for
26
deposition. Plaintiff anticipates a motion to compel will be necessary. As such, a continuance of the
27
hearing is required under California law.
28
-3-
EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ
1 IRREPARABLE HARM
2 This Ex Parte Application seeks a continuance, pursuant to Code of Civil Procedure §437c(h)
3 of a hearing on Motion for Summary Judgment. Motion for Summary Judgment is set for hearing on
4 May 08, 2024 at 8:30 a.m. in this Court. As set forth below, Plaintiff is aware of a plethora of
5 evidentiary facts essential to justify opposition to the motion which may exist, but cannot, for the
6 reasons stated above, be presented to the Court at this time. There is insufficient time between now and
7 the motion for summary judgment to present a regularly noticed motion on the subject.
8 There should be little question that consideration of the current circumstances of this case as set
9 forth above strongly leans in favor a continuance here. No party will be prejudiced if the continuance is
10 granted. If, however, the continuance is not granted, both Plaintiff and Defendant will suffer
11 irreparable prejudice as they will not be afforded the opportunity to conduct discovery in order to
12 properly oppose the motion for summary judgment.
13 As a result, unless this matter be heard ex parte on or before the date of hearing on Motion for
14 Summary Judgment, Plaintiff will lose any and all right to request a continuance of the hearing and the
15 right to present potentially contradicting evidence all to their irreparable harm.
16 GROUNDS FOR CONTINUANCE
17 Pursuant to Code of Civil Procedure §437c(h), Plaintiff requests a continuance the hearing on
18 Motion for Summary Judgment brought by Defendant, Emily Taylor, presently scheduled for hearing
19 on May 08, 2024. The basis of Plaintiff’s request is that facts essential to justify an opposition may
20 exist but at the present time, cannot be presented.
21 Amongst other matters, in its MSJ, Defendant alleges that the Defendant did not have any prior
22 knowledge of the subject dogs nor did not own control, harbor, keep, board nor was responsible for
23 dogs nor the dogs where at the Defendant’s home that had been owned by invitees, and that the
24 Defendant did not have the scienter or knowledge of the subject dogs’ dangerous and risk of injury
25 posed to Plaintiff. It has, however, failed to establish by any competent evidence that any dog was not
26 entirely present at the subject premises nor was ever seen from the subject premises other than the self-
27 serving testimony by the Defendant.
28 To this extent, Plaintiff has noticed a deposition of a Third Party Witness, Jamie Castro, as the
-4-
EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ
1 only identified individual who witnessed the vicious dog attack on the day of the subject incident.
2 Amongst the topics to be explored are the details of the incident, events prior to the incident, location
3 of the witness, and previous incident involving the subject dogs, which topics are crucial to a
4 determination of the issues presented here. Numerous other subjects are also to be covered by the
5 Notice of Deposition, which also potentially will provide essential facts to oppose the MSJ, including
6 the location as to where the subject dogs have been identified to originate and the breed of the dogs,
7 and the identify of the other witnesses who may have first-hand knowledge of the subject incident.
8 Plaintiff has set the deposition of the Third Party Witness for the third time to be scheduled on
9 April 22, 2024, and Plaintiff is hopeful that it will move forward on the said date and time.
10 However, prior to that, Plaintiff has set multiple depositions of the Third Party Witness but due
11 to failure in service of the subpoena and the availability of the witness, Plaintiff was forced to re-
12 schedule the prior scheduled depositions.
13 Further complicating and delaying the subject deposition, to date, this is the only identified
14 witness who has a first-hand account of the subject incident, however, this witness’s elusiveness poses
15 a particularly challenging effort to comply with the logistics and deadline associated with the
16 upcoming Summary Judgment hearing.
17 Of great concern to this writer is that there is a trial date pending in this action which is set to
18 occur on June 10, 2024.
19 If the instant Ex Parte Application is not granted the Plaintiff will suffer great prejudice in
20 regards to being unable to obtain evidence essential to its Opposition to the Motion for Summary
21 Judgment filed by Defendants.
22 As explained in detail above, Plaintiff is entitled to relief under California Code of Civil
23 Procedure Section 437c(h) and California Rules of the Court Rule 3.1332. As explained above, when
24 crucial evidence exists but cannot be presented in opposition to a motion for summary judgment, the
25 law provides that the court shall deny the motion or continue it for a reasonable period. Code Civ.
26 Proc. § 437c(h).
27 Given the circumstances under which the ex parte is brought, good cause clearly exists to grant
28 the instant Application. Id.
-5-
EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ
1
PLAINTIFF'S COUNSEL GAVE TIMELY NOTICE OF THE INSTANT EX PARTE
2 APPLICATION TO DEFENSE COUNSEL
3
4 Plaintiff gave timely notice of this Ex Parte Application to Defense Counsel. Specifically on
5 April 16, 204 at around 1:48 PM. Plaintiff notified defense counsel by phone of the instant ex parte.
6 The Defendant was informed of this ex parte application by email in a timely manner pursuant to the
7 code.
8
CONCLUSION
9
10 For the foregoing reasons, the Plaintiff respectfully requests that this Court grant Plaintiff’s
11 instant Ex Parte Application.
12
DATED: April 17, 2024 KRA Legal, P.C.
13
14
By:
15 Kenechi R. Agu
Attorney for Plaintiff
16 ESMERALDA CASAREZ
17
18
19
20
21
22
23
24
25
26
27
28
-6-
EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ
DECLARATION OF KENECHI R. AGU
1
2
I, Kenechi R. Agu, declare:
3
1. That I am an attorney at law, duly authorized to practice law in all Courts of the State of
4
California. I am the Principal Attorney of KRA Legal, P.C., Attorneys of record for Plaintiff in the
5
above-captioned action. Except as may otherwise be stated herein, I have personal knowledge of all
6
facts set forth and if called to testify, could and would testify competently thereto. My personal
7
knowledge comes from the fact that I have personally participated in all matters set forth herein and/or
8
personally observed them.
9
2. On March 26 to 27, 2024, my office tried to serve Deposition Subpoena, via personal
10
service, on the Third-Party Witness. However, later on, it was determined that the address being
11
attempted to serve the Witness was a bad address.
12
3. On March 29, 2024, in order to safeguard proper service, I called the Third-Party
13
Witness, Jamie Castro, to confirm her address in an effort to ensure a flawless way of effectuating
14
service of the deposition subpoena.
15
4. On April 1, 2024, my office tried to serve Deposition Subpoena, via personal service,
16
on the Third-Party Witness which was set to occur on April 10, 2024.
17
5. On April 4, 2024, my process server informed my office that they are having difficulty
18
serving the Third-Party Witness, and so, I instructed them to try to reach her out through her phone,
19
with the hope that she will be responsive.
20
6. On April 09, 2024, my office tried to effectuate the service of Deposition Subpoena, via
21
personal service, on the Third-Party Witness having a new date which was set to occur on April 16,
22
2024.
23
7. On April 16, 2024, my office tried to call over the phone the Third Party Witness,
24
however, no response from her.
25
8. On April 16, 2024, my office tried to effectuate the service of Deposition Subpoena, via
26
personal service. Currently, my office has initiated a stake out in order to ensure that service will be
27
effectuated.
28
-7-
EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ
1 9. A true and correct copy of the Declaration of Non-Service Reports is attached hereto as
2 Exhibit A. A true and correct copy of the current deposition subpoena and prior deposition subpoenas
3 are attached hereto as Exhibit B.
4 10. I expect the Deposition to take approximately three days to complete and approximately
5 another month to transcribe and certify. I request a continuance of approximately two (2) to three (3)
6 months time to allow the proposed discovery to be completed and analyzed.
7 11. On April 16, 2024, my office telephoned the Defense Counsel’s Office and spoke with
8 Hygo Ohannessian, Secretary at McCormick Barstow, LLP, at around 1:48 p.m. to inform regarding
9 this ex parte application.
10 I declare under penalty of perjury of the laws of the State of California the foregoing to be true.
11 Executed this 17th of April, 2023, at Torrance, California.
12 ___________________________
13 Kenechi R. Agu
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-8-
EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ
PROOF OF SERVICE (Code Civ. Proc., §§ 1013a, 2015.5)
1 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
2
I am employed in the County of Los Angeles, State of California. I am over the age of
18 and not a party to the within action; my business address is 2233 190th Street, Unit 1,
3
Torrance, CA 90504.
4
On April 17, 2024, I served the foregoing document described as:
5 PLAINTIFF’S EX PARTE APPLICATION FOR CONTINUANCE OF THE HEARING
FOR DEFENDANT, EMILY TAYLOR’S MOTION FOR SUMMARY JUDGMENT;
6 MEMORANDUM OF POINTS AND AUTHORITIES; SUPPORTING DECLARATION
OF KENCHI R. AGU (PROPOSED ORDER SUBMITTED CONCURRENTLY BUT
7 SEPARATELY) Pursuant to Code of Civil Procedure §437c(h)
8 on the other parties in this action by placing a true copy thereof enclosed in a sealed
envelope addressed as follows:
9
10 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
11 Karen L Lynch, #161088
karen.lynch@mccormickbarstow.com
12
hygo.ohannessian@mccormickbarstown.com
13
7647 North Fresno Street
14 Fresno, California 93720
15
Telephone: (559) 433-1300
Facsimile: (559) 433-2300
16
Attorneys for Defendant
17 EMILY Y. TAYLOR
18
BY MAIL: As follows: I am "readily familiar" with the firm's practice of
19 collection and processing correspondence for mailing. Under that practice it would be
deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at
20 Torrance, California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if the postal cancellation date or postage meter date is more
21 than one day after date of deposit for mailing in affidavit.
22 XXX BY EMAIL or ELECTRONIC TRANSMISSION: I caused the aforementioned
documents to be sent to the person or persons at the email address indicated above during
23 normal business hours. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.
24
I declare under penalty of perjury under the laws of the State of California that the
25 above is true and correct. Executed on April 17, 2024, at Torrance, California.
26 Salma Arita
27 Type or Print Name Signature
28
______________________________________________________________________________________________________
PROOF OF SERVICE
EXHIBIT A
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
KRA Legal, PC
Kenechi Agu SBN 279846
2233 W. 190th Street Unit 1
Torrance, CA 90504
TELEPHONE NO: FAX NO (Optional):
kagu@kralegal.com
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Plaintiff
Insert name of court, judicial district or branch court, if any:
Metropolitan Courthouse
1415 Truxtun Avenue
Bakersfield, CA 93301
PLAINTIFF / PETITIONER: ESMERALDA CASAREZ CASE NUMBER:
DEFENDANT / RESPONDENT: EMILY TAYLOR, et al. BCV-20-101255
Ref. No. or File No.:
NON SERVICE REPORT 10741586 (22524483)
I am and was on the dates herein mentioned a citizen of the United States, over 18 years of age and not a party to this action, and I received copies of the
following:
Deposition Subpoena for Personal Appearance and Production of Documents and Things (SUBP-020); Notice of Deposition
After due search, careful inquiry and diligent attempts at the following address(es), I have been unable to effect service of said process on:
JAMIE CASTRO
1) Unsuccessful Attempt: Mar 26, 2024, 5:40 pm PDT at Home: 1903 Lotus Ln, Bakersfield, CA 93307
gated and locked. door is boarded up. no cars. one of the curtains open, doesn’t look like anyone or anything is inside. no answer from neighbors.
2) Unsuccessful Attempt: Mar 27, 2024, 2:25 pm PDT at Home: 1903 Lotus Ln, Bakersfield, CA 93307
door is boarded up. house seems to be vacant.
Process is being returned without service for the following reason(s):
door is boarded up. house seems to be vacant.
Fee for service: $150.00 I declare under penalty of perjury under the laws of the United States of
America and the State of California that the foregoing is true and correct.
Registered California process server.
Destiny Pariseau
County: Kern
Registration No.: 842
Destiny Pariseau
InfoTrack US, Inc. - P000634
1400 N McDowell Blvd, Suite 300 Date: April 3, 2024
Petaluma, CA 94954
800-938-8815
NON SERVICE REPORT
1 of 1
Order #22524483
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
KRA Legal, PC
Kenechi Agu SBN 279846
2233 W. 190th Street Unit 1
Torrance, CA 90504
TELEPHONE NO: FAX NO (Optional):
E-MAIL ADDRESS (Optional): kagu@kralegal.com
ATTORNEY FOR (Name): Plaintiff
Insert name of court, judicial district or branch court, if any:
Superior Court of California, County of Kern
Metropolitan-Civil/Family
1215 Truxtun Avenue
Bakersfield, CA 93301-5216
PLAINTIFF / PETITIONER: ESMERALDA CASAREZ CASE NUMBER:
DEFENDANT / RESPONDENT: EMILY TAYLOR BCV-20-101255
Ref. No. or File No.:
NON SERVICE REPORT 10778570 (22573319)
I am and was on the dates herein mentioned a citizen of the United States, over 18 years of age and not a party to this action, and I received copies of the
following:
Deposition Subpoena for Personal Appearance and Production of Documents and Things (SUBP-020); Notice of Deposition
After due search, careful inquiry and diligent attempts at the following address(es), I have been unable to effect service of said process on:
JAMIE CASTRO
1) Unsuccessful Attempt: Apr 2, 2024, 5:53 pm PDT at Home: 1924 Clark Ave, Bakersfield, CA 93304
No answer. Vehicle that appears not drivable is in the driveway. Dogs in yard. Per neighbor, a mother and son live there, but they never answer the door.
2) Unsuccessful Attempt: Apr 3, 2024, 7:50 am PDT at Home: 1924 Clark Ave, Bakersfield, CA 93304
No answer. Same vehicle in driveway.
3) Unsuccessful Attempt: Apr 4, 2024, 3:04 pm PDT at Home: 1924 Clark Ave, Bakersfield, CA 93304
Called and received no answer.
4) Unsuccessful Attempt: Apr 5, 2024, 12:38 pm PDT at Home: 1924 Clark Ave, Bakersfield, CA 93304
Called and spoke with Jamie Castro, who informed me she is out of town until Tuesday the 16th but should be available Tuesday the 16th after 2pm.
Process is being returned without service for the following reason(s):
Called and spoke with Jamie Castro, who informed me she is out of town until Tuesday the 16th but should be available Tuesday the 16th after 2pm.
Fee for service: $150.00 I declare under penalty of perjury under the laws of the United States of
America and the State of California that the foregoing is true and correct.
Registered California process server.
Raquel Quarnstrom
County: Kern
Registration No.: 685
Raquel Quarnstrom
InfoTrack US, Inc. - P000634
1400 N McDowell Blvd, Suite 300 Date: April 10, 2024
Petaluma, CA 94954
800-938-8815
NON SERVICE REPORT
1 of 1
Order #22573319
EXHIBIT B
SUBP-020
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Kenechi R. Agu, SBN 279846
KRA Legal, P.C.
2233 W. 190th St., Unit 1, Torrance, CA 90504
TELEPHONE NO.: (310) 431-9875 FAX NO. (Optional): (855) 372-5792
E-MAIL ADDRESS (Optional): kagu@kralegal.com
ATTORNEY FOR (Name): PLaintiff, Esmeralda Casarez
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1415 Truxtun Av.
MAILING ADDRESS: Same
CITY AND ZIP CODE: Bakersfielfd, 93301
BRANCH NAME: Metropolitan Courthouse
PLAINTIFF/ PETITIONER: ESMERALDA CASAREZ
DEFENDANT/ RESPONDENT: EMILY TAYLOR
DEPOSITION SUBPOENA CASE NUMBER:
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS BCV-20-101255
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
JAMIE CASTRO, 1903 Lotus Lane, Bakersfield, CA 93307, (323) 761-4916
1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and
place:
Date: April 10, 2024 Time: 02:30 PM Address: Remote via ZOOM
a. As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 4. (Code Civ. Proc., § 2025.230.)
b. You are ordered to produce the documents and things described in item 3.
c. This deposition will be recorded stenographically through the instant visual display of testimony
and by audiotape videotape.
d. This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d).
2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this
subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance
with this subpoena.
3. The documents and things to be produced and any testing or sampling being sought are described as follows:
Continued on Attachment 3.
4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described
as follows:
Continued on Attachment 4.
5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE
AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are
transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled
to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition,
either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an
individual, the deposition must take place within 75 miles of your residence or within 150 miles of your residence if the deposition will be taken within the
county of the court where the action is pending. The location of the deposition for all deponents is governed by Code of Civil Procedure section
2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued: March 29, 2024
(SIGNATURE OF PERSON ISSUING SUBPOENA)
Kenechi R. Agu, Esq. Attorney
(TYPE OR PRINT NAME) (TITLE)
(Proof of service on reverse) Page 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure §§ 2020.510,
Judicial Council of California DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE 2025.220, 2025.230, 2025.250, 2025.620;
SUBP-020 [Rev. January 1, 2009] Government Code, § 68097.1
AND PRODUCTION OF DOCUMENTS AND THINGS www.courts.ca.gov
SUBP-020
PLAINTIFF/PETITIONER: ESMERALDA CASAREZ CASE NUMBER:
DEFENDANT/RESPONDENT: EMILY TAYLOR BCV-20-101255
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS
1. I served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a
copy to the person served as follows:
a. Person served (name):
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e. Witness fees and mileage both ways (check one):
(1) were paid. Amount: . . . . . . . . . . . $
(2) were not paid.
(3) were tendered to the witness's
public entity employer as
required by Government Code
section 68097.2. The amount
tendered was (specify): . . . . . . . $
f. Fee for service: . . . . . . . . . . . . . . . . . . . . $
2. I received this subpoena for service on (date):
3. Person serving:
a. Not a registered California process server
b. California sheriff or marshal
c. Registered California process server.
d. Employee or independent contractor of a registered California process server
e. Exempt from registration under Business and Professions Code section 22350(b)
f. Registered professional photocopier
g. Exempt from registration under Business and Professions Code section 22451
h. Name, address, telephone number, and, if applicable, county of registration and number:
I declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only)
California that the foregoing is true and correct. I certify that the foregoing is true and correct.
Date: Date:
(SIGNATURE) (SIGNATURE)
SUBP-020 [Rev. January 1, 2009] PROOF OF SERVICE Page 2 of 2
DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS
1 KENECHI R. AGU. SBN 279846
kagu@kralegal.com
2
KRA LEGAL, PC
3 2233 W. 190TH ST., UNIT 1
TORRANCE, CA 90504
4 Telephone: (310) 431-9875
Facsimile: (855) 372-5792
5
6 ATTORNEY FOR PLAINTIFF, ESMERALDA CASAREZ
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF KERN
10
11
12 ESMERALDA CASAREZ, Case No.: BCV-20-101255
13 Plaintiff
14 v. PLAINTIFF ESMERALDA CASAREZ’S
FIRST AMENDED NOTICE OF
15
LUIS E. TAYLOR, JR; EMILY Y. TAYLOR; DEPOSITION TO THIRD-PARTY WITNESS
AND DOES 1-25, INCLUSIVE, JAMIE CASTRO
16
17 Defendants Assigned for All Purposes to:
Honorable T. Mark Smith
18 Courtroom T2
19 Action Filed: May 28, 2020
20 Trial: June 10, 2024
21 TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD:
22 PLEASE TAKE NOTICE that pursuant to Code of Civil Procedure section 2025.010 et
23
seq., Plaintiff, ESMERALDA CASAREZ (“Plaintiff”), will take the deposition, upon oral
24
examination, of third-party witness, JAMIE CASTRO (“Deponent”), as set forth on April 10,
25
26 2024, at 2:30 P.M., remotely via Zoom.
27
PLAINTIFF ESMERALDA CASAREZ’S FIRST AMENDED NOTICE OF DEPOSITION TO THIRD-PARTY
28 WITNESS JAMIE CASTRO
1
1 The deposition will be taken before a qualified deposition officer as required by section
2
2025.320 of the Code of Civil Procedure.
3
PLEASE TAKE FURTHER NOTICE that Plaintiff reserves the right to record the
4
testimony at the deposition by videotape, in addition to recording this testimony by stenographic
5
6 means, using instantaneous or real time transcription pursuant to Code of Civil Procedure section
7 2025.220.
8
PLASE TAKE FURTHER NOTICE that the court reporter and/or videographer
9
assigned to the deposition(s) may appear remotely, pursuant to Code of Civil Procedure section
10
2025.310, subdivision (a) and California Rules of Court, rule 3.1010.
11
12 PLEASE TAKE FURTHER NOTICE that unless otherwise agreed, said deposition
13 will continue from day to day until completed, excluding Saturdays, Sundays, and holidays.
14
PLEASE TAKE FURTHER NOTICE that if the deposition needs to be cancelled by
15
Deponent, Deponent is required to give two (2) day notice in order to make the necessary
16
cancellation with the court reporter and/or court interpreter. If Deponent fails to give this
17
18 required notice for cancellation of the deposition, liability for costs incurred for an aborted
19 deposition, if any shall be sought from and paid by Deponent and/or Deponent’s counsel.
20
//
21
//
22
//
23
24 //
25 //
26
//
27
PLAINTIFF ESMERALDA CASAREZ’S FIRST AMENDED NOTICE OF DEPOSITION TO THIRD-PARTY
28 WITNESS JAMIE CASTRO
2
1
2
PLEASE TAKE FURTHER NOTICE that Deponent is required to use a computer,
3
laptop or webcam, not a cellular device, accompanied with at least a ten (10) inch screen to
4
properly view exhibits and deponent will be required to sit within five (5) feet of the camera and
5
6 microphone so deponent can be viewed and heard for accuracy. Please contact the noticing
7 attorney at least five (5) calendar days prior to the deposition to advise if these conditions cannot
8
be met.
9
Dated: March 29, 2024 KRA LEGAL, PC
10
11
12 ____________________________
13 Kenechi R. Agu, Esq.
14
Attorney for Plaintiff
ESMERALDA CASAREZ
15
16
17
18
19
20
21
22
23
24
25
26
27
PLAINTIFF ESMERALDA CASAREZ’S FIRST AMENDED NOTICE OF DEPOSITION TO THIRD-PARTY
28 WITNESS JAMIE CASTRO
3
SUBP-020
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Kenechi R. Agu, SBN 279846
KRA Legal, P.C.
2233 W. 190th St., Unit 1, Torrance, CA 90504
TELEPHONE NO.: (310) 431-9875 FAX NO. (Optional): (855) 372-5792
E-MAIL ADDRESS (Optional): kagu@kralegal.com
ATTORNEY FOR (Name): PLaintiff, Esmeralda Casarez
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1415 Truxtun Av.
MAILING ADDRESS: Same
CITY AND ZIP CODE: Bakersfielfd, 93301
BRANCH NAME: Metropolitan Courthouse
PLAINTIFF/ PETITIONER: ESMERALDA CASAREZ
DEFENDANT/ RESPONDENT: EMILY TAYLOR
DEPOSITION SUBPOENA CASE NUMBER:
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS BCV-20-101255
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
JAMIE CASTRO, 1924 Clark Ave, Bakersfield, CA 93304, (323) 761-4916
1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and
place:
Date: April 10, 2024 Time: 02:30 PM Address: Remote via ZOOM
a. As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 4. (Code Civ. Proc., § 2025.230.)
b. You are ordered to produce the documents and things described in item 3.
c. This deposition will be recorded stenographically through the instant visual display of testimony
and by audiotape videotape.
d. This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d).
2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this
subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance
with this subpoena.
3. The documents and things to be produced and any testing or sampling being sought are described as follows:
Continued on Attachment 3.
4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described
as follows:
Continued on Attachment 4.
5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE
AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are
transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled
to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition,
either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an
individual, the deposition must take place within 75 miles of your residence or within 150 miles of your residence if the deposition will be taken within the
county of the court where the action is pending. The location of the deposition for all deponents is governed by Code of Civil Procedure section
2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued: March 29, 2024
(SIGNATURE OF PERSON ISSUING SUBPOENA)
Kenechi R. Agu, Esq. Attorney
(TYPE OR PRINT NAME) (TITLE)
(Proof of service on reverse) Page 1 of 2
Form Adopted for Mandatory Use Code of Civil Procedure §§ 2020.510,
Judicial Council of California DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE 2025.220, 2025.230, 2025.250, 2025.620;
SUBP-020 [Rev. January 1, 2009] Government Code, § 68097.1
AND PRODUCTION OF DOCUMENTS AND THINGS www.courts.ca.gov
SUBP-020
PLAINTIFF/PETITIONER: ESMERALDA CASAREZ CASE NUMBER:
DEFENDANT/RESPONDENT: EMILY TAYLOR BCV-20-101255
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS
1. I served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a
copy to the person served as follows:
a. Person served (name):
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e. Witness fees and mileage both ways (check one):
(1) were paid. Amount: . . . . . . . . . . . $
(2) were not paid.
(3) were tendered to the witness's
public entity employer as
required by Government Code
section 68097.2. The amount
tendered was (specify): . . . . . . . $
f. Fee for service: . . . . . . . . . . . . . . . . . . . . $
2. I received this subpoena for service on (date):
3. Person serving:
a. Not a registered California process server
b. California sheriff or marshal
c. Registered California process server.
d. Employee or independent contractor of a registered California process server
e. Exempt from registration under Business and Professions Code section 22350(b)
f. Registered professional photocopier
g. Exempt from registration under Business and Professions Code section 22451
h. Name, address, telephone number, and, if applicable, county of registration and number:
I declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only)
California that the foregoing is true and correct. I certify that the foregoing is true and correct.
Date: Date:
(SIGNATURE) (SIGNATURE)
SUBP-020 [Rev. January 1, 2009] PROOF OF SERVICE Page 2 of 2
DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
AND PRODUCTION OF DOCUMENTS AND THINGS
Esmeralda Casarez v. Emily Taylor, et al.
Attachment 3
DEFINITIONS
“DOCUMENT,” or “DOCUMENTS” as used herein shall mean all tangible things
including, without limitation, papers, tape or other forms of audio, visual, or audio/visual
recordings drawings, films, graphs, charts, photographs, phone records and any retrievable data,
whether in computer storage, carded, punched, taped, or code form,
Preview
1 KENECHI R. AGU. SBN 279846 kagu@kralegal.com 2 KRA LEGAL, PC 2233 W. 190TH ST., UNIT 1 3 TORRANCE, CA 90504 Telephone: (310) 431-9875 4 Facsimile: (855) 372-5792 E-service: litigation@kralegal.com 5 Attorneys for Plaintiff, ESMERALDA CASAREZ 6 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 7 IN THE COUNTY OF KERN 8 9 ESMERALDA CASAREZ, Case No.: BCV-20-101255 10 Plaintiff, Assigned for all purpose to: Hon.: T. Mark Smith 11 vs. Date: April 19, 2024 Time: 8:30 a.m. 12 Dept.: Courtroom T2 LUIS E. TAYLOR, JR; EMILY Y. TAYOR; and 13 DOES 1-25, Inclusive, PLAINTIFF’S EX PARTE APPLICATION FOR CONTINUANCE 14 Defendants. OF THE HEARING FOR DEFENDANT, EMILY TAYLOR’S MOTION FOR 15 SUMMARY JUDGMENT; MEMORANDUM OF POINTS AND 16 AUTHORITIES; SUPPORTING DECLARATION OF KENCHI R. AGU 17 (PROPOSED ORDER SUBMITTED CONCURRENTLY BUT SEPARATELY) 18 Pursuant to Code of Civil Procedure §437c(h) 19 Action Filed: May 28, 2020 20 Trial Date: June 10, 2024 21 22 23 PLEASE TAKE NOTICE that on April 19, 2024, at 8:30 a.m. or soon thereafter as counsel 24 may be heard, in Courtroom T2 of the above-entitled Court, the Plaintiff will make an Ex Parte 25 Application for the following Orders: 26 (1) To continue the May 08, 2024, hearing date for the pending Motion for Summary Judgment 27 filed by Defendant EMILY TAYLOR for minimum of thirty (90) days, or as soon thereafter as the 28 -1- EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ 1 Court’s calendar permits to allow the parties to conduct the necessary discovery. 2 Plaintiff’s instant Ex Parte Application is made pursuant to California Rules of Court 3.1200- 3 3.1206, 3.1332(a-d), California Code of Civil Procedure §437c(h), and is based on the following 4 grounds: 5 1. Defendant EMILY TAYLOR’s motion for summary judgment is currently scheduled to 6 be heard on May 08, 2024. 7 2. Plaintiff has been unable to conduct necessary deposition of a key witness in order to 8 adequately oppose Defendant EMILY TAYLOR’s motion for summary judgment. 9 3. After multiple attempts to serve and schedule the deposition of the Third Party Witness, 10 the said Witness has remained elusive to this date. The deposition of the Third Party Witness is 11 necessary for Plaintiff to properly oppose Defendant’s Motion. 12 4. Plaintiff gave timely notice of this Ex Parte Application to Opposing Counsel. 13 Specifically on April 16, 204 at around 1:48 PM. Plaintiff attorney’s office had a telephone 14 conversation with the Defense Counsel’s paralegal regarding the ex parte. Defendant EMILY 15 TAYLOR does not oppose Plaintiff’s ex parte application. See Kenechi Agu’s Declaration. 16 This Application is based upon the attached Memorandum of Points and Authorities, the 17 Declaration of Kenechi R. Agu and exhibits attached thereto, all documents on file in this case, and 18 such other oral and documentary evidence as may be introduced at the hearing of this Motion. 19 20 DATED: April 17, 2024 KRA Legal, P.C. 21 By:_____________________________ Kenechi R. Agu, 22 Attorney for Plaintiff, 23 Esmeralda Casarez 24 25 26 27 28 -2- EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ 1 LEGAL STANDARD 2 Plaintiff’s instant Ex Parte Application is made pursuant to California Rules of the 3 Court Rules 3.1200-3.1206, 3.1332, and California Code of Civil Procedure Section 437c(h). 4 With regard to a continuance of the Motions for Summary Judgment, the law is well 5 established regarding an opposing party’s right to a continuance or denial of a summary judgment 6 motion when crucial evidence exists but cannot be presented to the Court. The law provides if the 7 opposing party shows by declaration that essential evidence “may exist but cannot, for reasons stated, 8 then be presented, the court shall deny the motion” or continue it for a reasonable period. See Cal. 9 Code Civ. Proc. § 437c(h); see also Bahl v. Bank of America (2001) 89 Cal.App.4th 389, 395; 10 Ambrose v. Michelin North America, Inc. (2005) 134 Cal.App.4th 1350, 1353; 11 Specifically, California Code of Civil Procedure Section 437c(h) provides as follows: If it appears from the affidavits submitted in opposition to a motion for 12 summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be 13 presented, the court shall deny the motion, or order a continuance to permit affidavits to be obtained or discovery to be had or may make any 14 other order as may be just. 15 Section 437c(h) specifically provides that the opposing party may seek such relief on an Ex 16 Parte Application as follows : 17 The application to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the date 18 the opposition response to the motion is due. 19 Case law provides that a continuance of a summary judgment hearing is “virtually mandated” 20 where the moving party makes the requisite showing under Section 437c(h). Dee v. Vintage 21 Petroleum, Inc. (2003) 106 Cal.App.4th 30, 34. 22 As duly set forth below, there is key discovery that the Plaintiff does not have in its possession 23 which is essential to Plaintiff’s Opposition to Defendant’s Motions for Summary Judgment. In 24 particular, Plaintiff noticed the deposition of a key eye witness which is crucial to Plaintiff's 25 oppositions. As of the date of the filing of this ex parte, the Third Party Witness remains elusive for 26 deposition. Plaintiff anticipates a motion to compel will be necessary. As such, a continuance of the 27 hearing is required under California law. 28 -3- EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ 1 IRREPARABLE HARM 2 This Ex Parte Application seeks a continuance, pursuant to Code of Civil Procedure §437c(h) 3 of a hearing on Motion for Summary Judgment. Motion for Summary Judgment is set for hearing on 4 May 08, 2024 at 8:30 a.m. in this Court. As set forth below, Plaintiff is aware of a plethora of 5 evidentiary facts essential to justify opposition to the motion which may exist, but cannot, for the 6 reasons stated above, be presented to the Court at this time. There is insufficient time between now and 7 the motion for summary judgment to present a regularly noticed motion on the subject. 8 There should be little question that consideration of the current circumstances of this case as set 9 forth above strongly leans in favor a continuance here. No party will be prejudiced if the continuance is 10 granted. If, however, the continuance is not granted, both Plaintiff and Defendant will suffer 11 irreparable prejudice as they will not be afforded the opportunity to conduct discovery in order to 12 properly oppose the motion for summary judgment. 13 As a result, unless this matter be heard ex parte on or before the date of hearing on Motion for 14 Summary Judgment, Plaintiff will lose any and all right to request a continuance of the hearing and the 15 right to present potentially contradicting evidence all to their irreparable harm. 16 GROUNDS FOR CONTINUANCE 17 Pursuant to Code of Civil Procedure §437c(h), Plaintiff requests a continuance the hearing on 18 Motion for Summary Judgment brought by Defendant, Emily Taylor, presently scheduled for hearing 19 on May 08, 2024. The basis of Plaintiff’s request is that facts essential to justify an opposition may 20 exist but at the present time, cannot be presented. 21 Amongst other matters, in its MSJ, Defendant alleges that the Defendant did not have any prior 22 knowledge of the subject dogs nor did not own control, harbor, keep, board nor was responsible for 23 dogs nor the dogs where at the Defendant’s home that had been owned by invitees, and that the 24 Defendant did not have the scienter or knowledge of the subject dogs’ dangerous and risk of injury 25 posed to Plaintiff. It has, however, failed to establish by any competent evidence that any dog was not 26 entirely present at the subject premises nor was ever seen from the subject premises other than the self- 27 serving testimony by the Defendant. 28 To this extent, Plaintiff has noticed a deposition of a Third Party Witness, Jamie Castro, as the -4- EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ 1 only identified individual who witnessed the vicious dog attack on the day of the subject incident. 2 Amongst the topics to be explored are the details of the incident, events prior to the incident, location 3 of the witness, and previous incident involving the subject dogs, which topics are crucial to a 4 determination of the issues presented here. Numerous other subjects are also to be covered by the 5 Notice of Deposition, which also potentially will provide essential facts to oppose the MSJ, including 6 the location as to where the subject dogs have been identified to originate and the breed of the dogs, 7 and the identify of the other witnesses who may have first-hand knowledge of the subject incident. 8 Plaintiff has set the deposition of the Third Party Witness for the third time to be scheduled on 9 April 22, 2024, and Plaintiff is hopeful that it will move forward on the said date and time. 10 However, prior to that, Plaintiff has set multiple depositions of the Third Party Witness but due 11 to failure in service of the subpoena and the availability of the witness, Plaintiff was forced to re- 12 schedule the prior scheduled depositions. 13 Further complicating and delaying the subject deposition, to date, this is the only identified 14 witness who has a first-hand account of the subject incident, however, this witness’s elusiveness poses 15 a particularly challenging effort to comply with the logistics and deadline associated with the 16 upcoming Summary Judgment hearing. 17 Of great concern to this writer is that there is a trial date pending in this action which is set to 18 occur on June 10, 2024. 19 If the instant Ex Parte Application is not granted the Plaintiff will suffer great prejudice in 20 regards to being unable to obtain evidence essential to its Opposition to the Motion for Summary 21 Judgment filed by Defendants. 22 As explained in detail above, Plaintiff is entitled to relief under California Code of Civil 23 Procedure Section 437c(h) and California Rules of the Court Rule 3.1332. As explained above, when 24 crucial evidence exists but cannot be presented in opposition to a motion for summary judgment, the 25 law provides that the court shall deny the motion or continue it for a reasonable period. Code Civ. 26 Proc. § 437c(h). 27 Given the circumstances under which the ex parte is brought, good cause clearly exists to grant 28 the instant Application. Id. -5- EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ 1 PLAINTIFF'S COUNSEL GAVE TIMELY NOTICE OF THE INSTANT EX PARTE 2 APPLICATION TO DEFENSE COUNSEL 3 4 Plaintiff gave timely notice of this Ex Parte Application to Defense Counsel. Specifically on 5 April 16, 204 at around 1:48 PM. Plaintiff notified defense counsel by phone of the instant ex parte. 6 The Defendant was informed of this ex parte application by email in a timely manner pursuant to the 7 code. 8 CONCLUSION 9 10 For the foregoing reasons, the Plaintiff respectfully requests that this Court grant Plaintiff’s 11 instant Ex Parte Application. 12 DATED: April 17, 2024 KRA Legal, P.C. 13 14 By: 15 Kenechi R. Agu Attorney for Plaintiff 16 ESMERALDA CASAREZ 17 18 19 20 21 22 23 24 25 26 27 28 -6- EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ DECLARATION OF KENECHI R. AGU 1 2 I, Kenechi R. Agu, declare: 3 1. That I am an attorney at law, duly authorized to practice law in all Courts of the State of 4 California. I am the Principal Attorney of KRA Legal, P.C., Attorneys of record for Plaintiff in the 5 above-captioned action. Except as may otherwise be stated herein, I have personal knowledge of all 6 facts set forth and if called to testify, could and would testify competently thereto. My personal 7 knowledge comes from the fact that I have personally participated in all matters set forth herein and/or 8 personally observed them. 9 2. On March 26 to 27, 2024, my office tried to serve Deposition Subpoena, via personal 10 service, on the Third-Party Witness. However, later on, it was determined that the address being 11 attempted to serve the Witness was a bad address. 12 3. On March 29, 2024, in order to safeguard proper service, I called the Third-Party 13 Witness, Jamie Castro, to confirm her address in an effort to ensure a flawless way of effectuating 14 service of the deposition subpoena. 15 4. On April 1, 2024, my office tried to serve Deposition Subpoena, via personal service, 16 on the Third-Party Witness which was set to occur on April 10, 2024. 17 5. On April 4, 2024, my process server informed my office that they are having difficulty 18 serving the Third-Party Witness, and so, I instructed them to try to reach her out through her phone, 19 with the hope that she will be responsive. 20 6. On April 09, 2024, my office tried to effectuate the service of Deposition Subpoena, via 21 personal service, on the Third-Party Witness having a new date which was set to occur on April 16, 22 2024. 23 7. On April 16, 2024, my office tried to call over the phone the Third Party Witness, 24 however, no response from her. 25 8. On April 16, 2024, my office tried to effectuate the service of Deposition Subpoena, via 26 personal service. Currently, my office has initiated a stake out in order to ensure that service will be 27 effectuated. 28 -7- EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ 1 9. A true and correct copy of the Declaration of Non-Service Reports is attached hereto as 2 Exhibit A. A true and correct copy of the current deposition subpoena and prior deposition subpoenas 3 are attached hereto as Exhibit B. 4 10. I expect the Deposition to take approximately three days to complete and approximately 5 another month to transcribe and certify. I request a continuance of approximately two (2) to three (3) 6 months time to allow the proposed discovery to be completed and analyzed. 7 11. On April 16, 2024, my office telephoned the Defense Counsel’s Office and spoke with 8 Hygo Ohannessian, Secretary at McCormick Barstow, LLP, at around 1:48 p.m. to inform regarding 9 this ex parte application. 10 I declare under penalty of perjury of the laws of the State of California the foregoing to be true. 11 Executed this 17th of April, 2023, at Torrance, California. 12 ___________________________ 13 Kenechi R. Agu 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- EX PARTE APPLICATION FOR ORDER CONTINUING HEARING ON MSJ PROOF OF SERVICE (Code Civ. Proc., §§ 1013a, 2015.5) 1 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 2233 190th Street, Unit 1, 3 Torrance, CA 90504. 4 On April 17, 2024, I served the foregoing document described as: 5 PLAINTIFF’S EX PARTE APPLICATION FOR CONTINUANCE OF THE HEARING FOR DEFENDANT, EMILY TAYLOR’S MOTION FOR SUMMARY JUDGMENT; 6 MEMORANDUM OF POINTS AND AUTHORITIES; SUPPORTING DECLARATION OF KENCHI R. AGU (PROPOSED ORDER SUBMITTED CONCURRENTLY BUT 7 SEPARATELY) Pursuant to Code of Civil Procedure §437c(h) 8 on the other parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: 9 10 McCormick, Barstow, Sheppard, Wayte & Carruth LLP 11 Karen L Lynch, #161088 karen.lynch@mccormickbarstow.com 12 hygo.ohannessian@mccormickbarstown.com 13 7647 North Fresno Street 14 Fresno, California 93720 15 Telephone: (559) 433-1300 Facsimile: (559) 433-2300 16 Attorneys for Defendant 17 EMILY Y. TAYLOR 18 BY MAIL: As follows: I am "readily familiar" with the firm's practice of 19 collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at 20 Torrance, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more 21 than one day after date of deposit for mailing in affidavit. 22 XXX BY EMAIL or ELECTRONIC TRANSMISSION: I caused the aforementioned documents to be sent to the person or persons at the email address indicated above during 23 normal business hours. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 24 I declare under penalty of perjury under the laws of the State of California that the 25 above is true and correct. Executed on April 17, 2024, at Torrance, California. 26 Salma Arita 27 Type or Print Name Signature 28 ______________________________________________________________________________________________________ PROOF OF SERVICE EXHIBIT A ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY KRA Legal, PC Kenechi Agu SBN 279846 2233 W. 190th Street Unit 1 Torrance, CA 90504 TELEPHONE NO: FAX NO (Optional): kagu@kralegal.com E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiff Insert name of court, judicial district or branch court, if any: Metropolitan Courthouse 1415 Truxtun Avenue Bakersfield, CA 93301 PLAINTIFF / PETITIONER: ESMERALDA CASAREZ CASE NUMBER: DEFENDANT / RESPONDENT: EMILY TAYLOR, et al. BCV-20-101255 Ref. No. or File No.: NON SERVICE REPORT 10741586 (22524483) I am and was on the dates herein mentioned a citizen of the United States, over 18 years of age and not a party to this action, and I received copies of the following: Deposition Subpoena for Personal Appearance and Production of Documents and Things (SUBP-020); Notice of Deposition After due search, careful inquiry and diligent attempts at the following address(es), I have been unable to effect service of said process on: JAMIE CASTRO 1) Unsuccessful Attempt: Mar 26, 2024, 5:40 pm PDT at Home: 1903 Lotus Ln, Bakersfield, CA 93307 gated and locked. door is boarded up. no cars. one of the curtains open, doesn’t look like anyone or anything is inside. no answer from neighbors. 2) Unsuccessful Attempt: Mar 27, 2024, 2:25 pm PDT at Home: 1903 Lotus Ln, Bakersfield, CA 93307 door is boarded up. house seems to be vacant. Process is being returned without service for the following reason(s): door is boarded up. house seems to be vacant. Fee for service: $150.00 I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Registered California process server. Destiny Pariseau County: Kern Registration No.: 842 Destiny Pariseau InfoTrack US, Inc. - P000634 1400 N McDowell Blvd, Suite 300 Date: April 3, 2024 Petaluma, CA 94954 800-938-8815 NON SERVICE REPORT 1 of 1 Order #22524483 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY KRA Legal, PC Kenechi Agu SBN 279846 2233 W. 190th Street Unit 1 Torrance, CA 90504 TELEPHONE NO: FAX NO (Optional): E-MAIL ADDRESS (Optional): kagu@kralegal.com ATTORNEY FOR (Name): Plaintiff Insert name of court, judicial district or branch court, if any: Superior Court of California, County of Kern Metropolitan-Civil/Family 1215 Truxtun Avenue Bakersfield, CA 93301-5216 PLAINTIFF / PETITIONER: ESMERALDA CASAREZ CASE NUMBER: DEFENDANT / RESPONDENT: EMILY TAYLOR BCV-20-101255 Ref. No. or File No.: NON SERVICE REPORT 10778570 (22573319) I am and was on the dates herein mentioned a citizen of the United States, over 18 years of age and not a party to this action, and I received copies of the following: Deposition Subpoena for Personal Appearance and Production of Documents and Things (SUBP-020); Notice of Deposition After due search, careful inquiry and diligent attempts at the following address(es), I have been unable to effect service of said process on: JAMIE CASTRO 1) Unsuccessful Attempt: Apr 2, 2024, 5:53 pm PDT at Home: 1924 Clark Ave, Bakersfield, CA 93304 No answer. Vehicle that appears not drivable is in the driveway. Dogs in yard. Per neighbor, a mother and son live there, but they never answer the door. 2) Unsuccessful Attempt: Apr 3, 2024, 7:50 am PDT at Home: 1924 Clark Ave, Bakersfield, CA 93304 No answer. Same vehicle in driveway. 3) Unsuccessful Attempt: Apr 4, 2024, 3:04 pm PDT at Home: 1924 Clark Ave, Bakersfield, CA 93304 Called and received no answer. 4) Unsuccessful Attempt: Apr 5, 2024, 12:38 pm PDT at Home: 1924 Clark Ave, Bakersfield, CA 93304 Called and spoke with Jamie Castro, who informed me she is out of town until Tuesday the 16th but should be available Tuesday the 16th after 2pm. Process is being returned without service for the following reason(s): Called and spoke with Jamie Castro, who informed me she is out of town until Tuesday the 16th but should be available Tuesday the 16th after 2pm. Fee for service: $150.00 I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Registered California process server. Raquel Quarnstrom County: Kern Registration No.: 685 Raquel Quarnstrom InfoTrack US, Inc. - P000634 1400 N McDowell Blvd, Suite 300 Date: April 10, 2024 Petaluma, CA 94954 800-938-8815 NON SERVICE REPORT 1 of 1 Order #22573319 EXHIBIT B SUBP-020 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Kenechi R. Agu, SBN 279846 KRA Legal, P.C. 2233 W. 190th St., Unit 1, Torrance, CA 90504 TELEPHONE NO.: (310) 431-9875 FAX NO. (Optional): (855) 372-5792 E-MAIL ADDRESS (Optional): kagu@kralegal.com ATTORNEY FOR (Name): PLaintiff, Esmeralda Casarez SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1415 Truxtun Av. MAILING ADDRESS: Same CITY AND ZIP CODE: Bakersfielfd, 93301 BRANCH NAME: Metropolitan Courthouse PLAINTIFF/ PETITIONER: ESMERALDA CASAREZ DEFENDANT/ RESPONDENT: EMILY TAYLOR DEPOSITION SUBPOENA CASE NUMBER: FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS BCV-20-101255 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): JAMIE CASTRO, 1903 Lotus Lane, Bakersfield, CA 93307, (323) 761-4916 1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: April 10, 2024 Time: 02:30 PM Address: Remote via ZOOM a. As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 4. (Code Civ. Proc., § 2025.230.) b. You are ordered to produce the documents and things described in item 3. c. This deposition will be recorded stenographically through the instant visual display of testimony and by audiotape videotape. d. This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d). 2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena. 3. The documents and things to be produced and any testing or sampling being sought are described as follows: Continued on Attachment 3. 4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described as follows: Continued on Attachment 4. 5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. 6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles of your residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is pending. The location of the deposition for all deponents is governed by Code of Civil Procedure section 2025.250. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: March 29, 2024 (SIGNATURE OF PERSON ISSUING SUBPOENA) Kenechi R. Agu, Esq. Attorney (TYPE OR PRINT NAME) (TITLE) (Proof of service on reverse) Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure §§ 2020.510, Judicial Council of California DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE 2025.220, 2025.230, 2025.250, 2025.620; SUBP-020 [Rev. January 1, 2009] Government Code, § 68097.1 AND PRODUCTION OF DOCUMENTS AND THINGS www.courts.ca.gov SUBP-020 PLAINTIFF/PETITIONER: ESMERALDA CASAREZ CASE NUMBER: DEFENDANT/RESPONDENT: EMILY TAYLOR BCV-20-101255 PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 1. I served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees and mileage both ways (check one): (1) were paid. Amount: . . . . . . . . . . . $ (2) were not paid. (3) were tendered to the witness's public entity employer as required by Government Code section 68097.2. The amount tendered was (specify): . . . . . . . $ f. Fee for service: . . . . . . . . . . . . . . . . . . . . $ 2. I received this subpoena for service on (date): 3. Person serving: a. Not a registered California process server b. California sheriff or marshal c. Registered California process server. d. Employee or independent contractor of a registered California process server e. Exempt from registration under Business and Professions Code section 22350(b) f. Registered professional photocopier g. Exempt from registration under Business and Professions Code section 22451 h. Name, address, telephone number, and, if applicable, county of registration and number: I declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only) California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) SUBP-020 [Rev. January 1, 2009] PROOF OF SERVICE Page 2 of 2 DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 1 KENECHI R. AGU. SBN 279846 kagu@kralegal.com 2 KRA LEGAL, PC 3 2233 W. 190TH ST., UNIT 1 TORRANCE, CA 90504 4 Telephone: (310) 431-9875 Facsimile: (855) 372-5792 5 6 ATTORNEY FOR PLAINTIFF, ESMERALDA CASAREZ 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF KERN 10 11 12 ESMERALDA CASAREZ, Case No.: BCV-20-101255 13 Plaintiff 14 v. PLAINTIFF ESMERALDA CASAREZ’S FIRST AMENDED NOTICE OF 15 LUIS E. TAYLOR, JR; EMILY Y. TAYLOR; DEPOSITION TO THIRD-PARTY WITNESS AND DOES 1-25, INCLUSIVE, JAMIE CASTRO 16 17 Defendants Assigned for All Purposes to: Honorable T. Mark Smith 18 Courtroom T2 19 Action Filed: May 28, 2020 20 Trial: June 10, 2024 21 TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE that pursuant to Code of Civil Procedure section 2025.010 et 23 seq., Plaintiff, ESMERALDA CASAREZ (“Plaintiff”), will take the deposition, upon oral 24 examination, of third-party witness, JAMIE CASTRO (“Deponent”), as set forth on April 10, 25 26 2024, at 2:30 P.M., remotely via Zoom. 27 PLAINTIFF ESMERALDA CASAREZ’S FIRST AMENDED NOTICE OF DEPOSITION TO THIRD-PARTY 28 WITNESS JAMIE CASTRO 1 1 The deposition will be taken before a qualified deposition officer as required by section 2 2025.320 of the Code of Civil Procedure. 3 PLEASE TAKE FURTHER NOTICE that Plaintiff reserves the right to record the 4 testimony at the deposition by videotape, in addition to recording this testimony by stenographic 5 6 means, using instantaneous or real time transcription pursuant to Code of Civil Procedure section 7 2025.220. 8 PLASE TAKE FURTHER NOTICE that the court reporter and/or videographer 9 assigned to the deposition(s) may appear remotely, pursuant to Code of Civil Procedure section 10 2025.310, subdivision (a) and California Rules of Court, rule 3.1010. 11 12 PLEASE TAKE FURTHER NOTICE that unless otherwise agreed, said deposition 13 will continue from day to day until completed, excluding Saturdays, Sundays, and holidays. 14 PLEASE TAKE FURTHER NOTICE that if the deposition needs to be cancelled by 15 Deponent, Deponent is required to give two (2) day notice in order to make the necessary 16 cancellation with the court reporter and/or court interpreter. If Deponent fails to give this 17 18 required notice for cancellation of the deposition, liability for costs incurred for an aborted 19 deposition, if any shall be sought from and paid by Deponent and/or Deponent’s counsel. 20 // 21 // 22 // 23 24 // 25 // 26 // 27 PLAINTIFF ESMERALDA CASAREZ’S FIRST AMENDED NOTICE OF DEPOSITION TO THIRD-PARTY 28 WITNESS JAMIE CASTRO 2 1 2 PLEASE TAKE FURTHER NOTICE that Deponent is required to use a computer, 3 laptop or webcam, not a cellular device, accompanied with at least a ten (10) inch screen to 4 properly view exhibits and deponent will be required to sit within five (5) feet of the camera and 5 6 microphone so deponent can be viewed and heard for accuracy. Please contact the noticing 7 attorney at least five (5) calendar days prior to the deposition to advise if these conditions cannot 8 be met. 9 Dated: March 29, 2024 KRA LEGAL, PC 10 11 12 ____________________________ 13 Kenechi R. Agu, Esq. 14 Attorney for Plaintiff ESMERALDA CASAREZ 15 16 17 18 19 20 21 22 23 24 25 26 27 PLAINTIFF ESMERALDA CASAREZ’S FIRST AMENDED NOTICE OF DEPOSITION TO THIRD-PARTY 28 WITNESS JAMIE CASTRO 3 SUBP-020 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Kenechi R. Agu, SBN 279846 KRA Legal, P.C. 2233 W. 190th St., Unit 1, Torrance, CA 90504 TELEPHONE NO.: (310) 431-9875 FAX NO. (Optional): (855) 372-5792 E-MAIL ADDRESS (Optional): kagu@kralegal.com ATTORNEY FOR (Name): PLaintiff, Esmeralda Casarez SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1415 Truxtun Av. MAILING ADDRESS: Same CITY AND ZIP CODE: Bakersfielfd, 93301 BRANCH NAME: Metropolitan Courthouse PLAINTIFF/ PETITIONER: ESMERALDA CASAREZ DEFENDANT/ RESPONDENT: EMILY TAYLOR DEPOSITION SUBPOENA CASE NUMBER: FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS BCV-20-101255 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): JAMIE CASTRO, 1924 Clark Ave, Bakersfield, CA 93304, (323) 761-4916 1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: April 10, 2024 Time: 02:30 PM Address: Remote via ZOOM a. As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as to the matters described in item 4. (Code Civ. Proc., § 2025.230.) b. You are ordered to produce the documents and things described in item 3. c. This deposition will be recorded stenographically through the instant visual display of testimony and by audiotape videotape. d. This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d). 2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena. 3. The documents and things to be produced and any testing or sampling being sought are described as follows: Continued on Attachment 3. 4. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described as follows: Continued on Attachment 4. 5. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. 6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition, either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an individual, the deposition must take place within 75 miles of your residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is pending. The location of the deposition for all deponents is governed by Code of Civil Procedure section 2025.250. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: March 29, 2024 (SIGNATURE OF PERSON ISSUING SUBPOENA) Kenechi R. Agu, Esq. Attorney (TYPE OR PRINT NAME) (TITLE) (Proof of service on reverse) Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure §§ 2020.510, Judicial Council of California DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE 2025.220, 2025.230, 2025.250, 2025.620; SUBP-020 [Rev. January 1, 2009] Government Code, § 68097.1 AND PRODUCTION OF DOCUMENTS AND THINGS www.courts.ca.gov SUBP-020 PLAINTIFF/PETITIONER: ESMERALDA CASAREZ CASE NUMBER: DEFENDANT/RESPONDENT: EMILY TAYLOR BCV-20-101255 PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS 1. I served this Deposition Subpoena for Personal Appearance and Production of Documents and Things by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees and mileage both ways (check one): (1) were paid. Amount: . . . . . . . . . . . $ (2) were not paid. (3) were tendered to the witness's public entity employer as required by Government Code section 68097.2. The amount tendered was (specify): . . . . . . . $ f. Fee for service: . . . . . . . . . . . . . . . . . . . . $ 2. I received this subpoena for service on (date): 3. Person serving: a. Not a registered California process server b. California sheriff or marshal c. Registered California process server. d. Employee or independent contractor of a registered California process server e. Exempt from registration under Business and Professions Code section 22350(b) f. Registered professional photocopier g. Exempt from registration under Business and Professions Code section 22451 h. Name, address, telephone number, and, if applicable, county of registration and number: I declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only) California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) SUBP-020 [Rev. January 1, 2009] PROOF OF SERVICE Page 2 of 2 DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS Esmeralda Casarez v. Emily Taylor, et al. Attachment 3 DEFINITIONS “DOCUMENT,” or “DOCUMENTS” as used herein shall mean all tangible things including, without limitation, papers, tape or other forms of audio, visual, or audio/visual recordings drawings, films, graphs, charts, photographs, phone records and any retrievable data, whether in computer storage, carded, punched, taped, or code form,