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1 CHRISTOPHER E. FAENZA, ESQ. (SBN 205680)
cfaenza@yokasmith.com
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VIVIAN I. RIVERA, ESQ. (SBN 299448)
3 vrivera@yokasmith.com
YOKA | SMITH, LLP
4 445 South Figueroa Street, 38th Floor
Electronically Received 04/16/2024 08:25 PM
Los Angeles, California 90071
5
Phone: (213) 427-2300
6 Fax: (213) 427-2330
7 Attorneys for Defendants/Cross-Complainants, EQUITY RESIDENTIAL MANAGEMENT, L.L.C.
(erroneously sued and served herein as EQUITY RESIDENTIAL) and CHINATOWN GATEWAY,
8 L.L.C.
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES – SPRING STREET COURTHOUSE
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HEATH A. MAYNARICH, ) Case No.: 22STCV19504 Lee S. Arian
13 ) [Assigned to the Hon. Kerry R. Bensinger, Dept.
Plaintiffs, ) 27]
14
)
15 vs. )
) STIPULATION TO CONTINUE TRIAL
16 EQUITY RESIDENTIAL MANAGEMENT ) AND RELATED STATUTORY CUT-OFF
L.L.C.; and DOES 1 to 10, inclusive, ) DATES; [PROPOSED] ORDER
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)
18 Defendants. )
)
19 )
) Trial: June 10, 2024
20 AND ALL RELATED CROSS-ACTIONS ) FSC: May 28, 2024
21 ) Complaint filed: June 15, 2022
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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
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IT IS HEREBY STIPULATED AND AGREED by and between plaintiff, HEATH A.
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MAYNARICH, defendants, EQUITY RESIDENTIAL MANAGEMENT, L.L.C. (erroneously sued
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and served herein as EQUITY RESIDENTIAL) and CHINATOWN GATEWAY, L.L.C. and defendant,
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TK SECURITY, INC., by and through their counsel that good cause exists to continue the current Trial
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Date, the Pretrial Conference and all pretrial deadlines based on the following:
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31 STIPULATION TO CONTINUE TRIAL AND RELATED STATUTORY CUT-OFF DATES; ORDER
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1. Trial in the above-entitled matter is presently scheduled for June 10, 2024. The Final
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Status Conference in the above-entitled matter is presently scheduled for May 28, 2024.
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2. This case concerns a personal injury accident where plaintiff claims that he was.
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3. On December 04, 2023, Plaintiff filed an Amendment to Complaint, adding TK
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SECURITY, INC as a defendant in the case.
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4. On February 14, 2024, defendant TK SECURITY, INC filed an Answer to the
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Complaint.
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5. While Defendant TK SECURITY, INC has served initial written discovery and has
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been diligently working to conduct discovery, discovery to date has not been completed. Defendant
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TK SECURITY, INC has not had a chance to fully conduct discovery and participate in the litigation
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of the case. As a result of being brought into the lawsuit late, TK SECURITY, INC will not be prepared
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to defendant itself at the June 10, 2024 trial.
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6. Moreover, on or about March 28, 2024, Yoka | Smith substituted in as EQUITY
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RESIDENTIAL MANAGEMENT, L.L.C. (erroneously sued and served herein as EQUITY
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RESIDENTIAL) and CHINATOWN GATEWAY, L.L.C.’s attorney of record.
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7. New counsel for defendants EQUITY RESIDENTIAL MANAGEMENT, L.L.C.
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(erroneously sued and served herein as EQUITY RESIDENTIAL) and CHINATOWN GATEWAY,
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L.L.C did not receive the case file until recently and a review of the file materials by new counsel
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reveals that that essential discovery has not been completed and this case is not ready for trial. New
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counsel needs additional time to conduct discovery to prepare the case for trial and potentially, a
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mediation.
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8. Based on the above, good cause exists to continue the trial to a date convenient to the
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Court and all parties. The parties are in agreement with continuing the matter to February 3, 2025. All
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relevant cut-off dates, including the discovery cut-off and non-expert discovery, shall be based on the
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new trial date.
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9. The requested continuance will not prejudice any of the parties to the present action, and
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the parties agree that it is in all parties’ best interests to continue the trial. On the other hand, the parties
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31 STIPULATION TO CONTINUE TRIAL AND RELATED STATUTORY CUT-OFF DATES; ORDER
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also agree that defendants will be prejudiced if they are forced to try this case before all necessary
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discovery and motion practice can occur.
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10. The parties further agree that a facsimile or scanned signature shall have the same force
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and effect as an original and that separate signature pages may be used with the filing of this stipulation.
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DATED: April____,
16 2024 DOWNTOWN L.A. LAW GROUP
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BY: _________________________________
9 IGOR FRADKIN, ESQ.
Attorney for Plaintiff,
10 HEATH A. MAYNARICH
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DATED: April 16, 2024 CRUSER, MITCHELL, NOVITZ,
13 SANCHEZ, GASTON & ZIMET, LLP
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15
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17 BY: ____________________________________
BRIAN C. HOLLOWAY
18 Attorney for Defendant, TK
19 SECURITY, INC.
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22 DATED: April 16, 2024 YOKA | SMITH, LLP
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24 By ____________________________________
25 CHRISTOPHER E. FAENZA
VIVIAN I. RIVERA
26 Attorneys for Defendants/Cross-
Complainants, EQUITY RESIDENTIAL
27 MANAGEMENT, L.L.C. and
28 CHINATOWN GATEWAY, L.L.C.
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31 STIPULATION TO CONTINUE TRIAL AND RELATED STATUTORY CUT-OFF DATES; ORDER
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2
ORDER ON STIPULATION
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IT IS ORDERED THAT:
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February 3
1. The Trial date shall be continued from June 10, 2024 to ___________________, 2025 at
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8:30 a.m. in Department 27.
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2. The Final Status Conference shall be continued from May 28, 2024 to
7 January 21
___________________, 2025 at 10:00 a.m. in Department 27.
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3. All relevant cut-off dates, including the discovery cut-off and non-expert discovery, shall be
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based on the new trial date.
10 IT IS FURTHER ORDERED THAT
11 ______________________________________________________________________
12 ______________________________________________________________________
13 ______________________________________________________________________
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17 _______________________________
18 JUDGE OF THE SUPERIOR COURT
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31 STIPULATION TO CONTINUE TRIAL AND RELATED STATUTORY CUT-OFF DATES; ORDER
1 PROOF OF SERVICE
CCP 1013
2 Heath A. Maynarich v. Equity Residential Management, L.L.C, et al:
Los Angeles County Superior Court, Case No. 22STCV19504
3
I am employed in the County of Los Angeles, State of California. I am over the age of 18
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and not a party to the within action; my business address is 445 South Figueroa Street, 38th Floor, Los
5 Angeles, California 90071.
6 On April 16, 2024, I served the foregoing document described as STIPULATION TO
COTINUE TRIAL AND RELATED STATUTORY CUT-OFF DATES; [PROPOSED]
7
ORDER on the interested party or parties in this action by placing a true copy thereof, enclosed in a
8 sealed envelope, and addressed as noted below:
9 See Attached Service List
10
[ ] (BY MAIL) I am familiar with our firm’s practice of collection and processing
11 correspondence for mailing. Under that practice it would be deposited with the U.S. Postal
Service on that same day in the ordinary course of business. I am aware that on motion of the
12 party served, service is presumed invalid if the postal cancellation date or postage meter date
is more than one working day after the date of deposit for mailing in this declaration.
13
14 [ ] (BY PERSONAL SERVICE) Such envelope was delivered by hand to the addressees.
15 [X] (BY EMAIL) I emailed this document to the email addresses as listed on the attached service
list on April 16, 2024.
16
17 [ ] (BY Overnight Mail) By placing a true copy thereof enclosed in a sealed GSO overnight
delivery envelope, April 16, 2024, with such fees prepaid, deposited in a GSO overnight
18 delivery depository at Los Angeles, CA in the ordinary course of business.
19 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the
20 foregoing is true and correct.
21 Executed on April 16, 2024, at Los Angeles, California.
22
Arturo R. Solis
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2 PROOF OF SERVICE
CCP 1013
3 Heath A. Maynarich v. Equity Residential Management, L.L.C, et al
Los Angeles County Superior Court, Case No. 22STCV19504
4
5 John R. Rofael, Esq. Marc J. Zimet, Esq.
Igor Fradkin, Esq. Brian C. Holloway, Esq.
6 DOWNTOWN L.A. LAW GROUP CRUSER, MITCHELL, NOVITZ, SANCHEZ,
910 S. Broadway GASTON & ZIMET LLP
7
Los Angeles, CA 90015 800 Wilshire Blvd., 15th Floor
8 Tel.: (213) 389-3764 Los Angeles, CA 90017
jrofael@downtownlalaw.com Tel.: (213) 689-8500
9 igo@downtownlalaw.com Fax: (213) 689-8501
igorteam@downtownlalaw.com mzimet@cmlawfirm.com
10
bholloway@cmlawfirm.com
11 jcoria@cmlawfirm.com
Attorney for Plaintiff, Heath Allen Maynarich
12 Attorney for Defendant/Cross-Defendant, TK
Security, Inc. (DOE 1)
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Preview
1 CHRISTOPHER E. FAENZA, ESQ. (SBN 205680) cfaenza@yokasmith.com 2 VIVIAN I. RIVERA, ESQ. (SBN 299448) 3 vrivera@yokasmith.com YOKA | SMITH, LLP 4 445 South Figueroa Street, 38th Floor Electronically Received 04/16/2024 08:25 PM Los Angeles, California 90071 5 Phone: (213) 427-2300 6 Fax: (213) 427-2330 7 Attorneys for Defendants/Cross-Complainants, EQUITY RESIDENTIAL MANAGEMENT, L.L.C. (erroneously sued and served herein as EQUITY RESIDENTIAL) and CHINATOWN GATEWAY, 8 L.L.C. 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF LOS ANGELES – SPRING STREET COURTHOUSE 11 12 HEATH A. MAYNARICH, ) Case No.: 22STCV19504 Lee S. Arian 13 ) [Assigned to the Hon. Kerry R. Bensinger, Dept. Plaintiffs, ) 27] 14 ) 15 vs. ) ) STIPULATION TO CONTINUE TRIAL 16 EQUITY RESIDENTIAL MANAGEMENT ) AND RELATED STATUTORY CUT-OFF L.L.C.; and DOES 1 to 10, inclusive, ) DATES; [PROPOSED] ORDER 17 ) 18 Defendants. ) ) 19 ) ) Trial: June 10, 2024 20 AND ALL RELATED CROSS-ACTIONS ) FSC: May 28, 2024 21 ) Complaint filed: June 15, 2022 22 23 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 24 IT IS HEREBY STIPULATED AND AGREED by and between plaintiff, HEATH A. 25 MAYNARICH, defendants, EQUITY RESIDENTIAL MANAGEMENT, L.L.C. (erroneously sued 26 and served herein as EQUITY RESIDENTIAL) and CHINATOWN GATEWAY, L.L.C. and defendant, 27 TK SECURITY, INC., by and through their counsel that good cause exists to continue the current Trial 28 Date, the Pretrial Conference and all pretrial deadlines based on the following: 29 30 1 31 STIPULATION TO CONTINUE TRIAL AND RELATED STATUTORY CUT-OFF DATES; ORDER 1 1. Trial in the above-entitled matter is presently scheduled for June 10, 2024. The Final 2 Status Conference in the above-entitled matter is presently scheduled for May 28, 2024. 3 2. This case concerns a personal injury accident where plaintiff claims that he was. 4 3. On December 04, 2023, Plaintiff filed an Amendment to Complaint, adding TK 5 SECURITY, INC as a defendant in the case. 6 4. On February 14, 2024, defendant TK SECURITY, INC filed an Answer to the 7 Complaint. 8 5. While Defendant TK SECURITY, INC has served initial written discovery and has 9 been diligently working to conduct discovery, discovery to date has not been completed. Defendant 10 TK SECURITY, INC has not had a chance to fully conduct discovery and participate in the litigation 11 of the case. As a result of being brought into the lawsuit late, TK SECURITY, INC will not be prepared 12 to defendant itself at the June 10, 2024 trial. 13 6. Moreover, on or about March 28, 2024, Yoka | Smith substituted in as EQUITY 14 RESIDENTIAL MANAGEMENT, L.L.C. (erroneously sued and served herein as EQUITY 15 RESIDENTIAL) and CHINATOWN GATEWAY, L.L.C.’s attorney of record. 16 7. New counsel for defendants EQUITY RESIDENTIAL MANAGEMENT, L.L.C. 17 (erroneously sued and served herein as EQUITY RESIDENTIAL) and CHINATOWN GATEWAY, 18 L.L.C did not receive the case file until recently and a review of the file materials by new counsel 19 reveals that that essential discovery has not been completed and this case is not ready for trial. New 20 counsel needs additional time to conduct discovery to prepare the case for trial and potentially, a 21 mediation. 22 8. Based on the above, good cause exists to continue the trial to a date convenient to the 23 Court and all parties. The parties are in agreement with continuing the matter to February 3, 2025. All 24 relevant cut-off dates, including the discovery cut-off and non-expert discovery, shall be based on the 25 new trial date. 26 9. The requested continuance will not prejudice any of the parties to the present action, and 27 the parties agree that it is in all parties’ best interests to continue the trial. On the other hand, the parties 28 29 30 2 31 STIPULATION TO CONTINUE TRIAL AND RELATED STATUTORY CUT-OFF DATES; ORDER 1 also agree that defendants will be prejudiced if they are forced to try this case before all necessary 2 discovery and motion practice can occur. 3 10. The parties further agree that a facsimile or scanned signature shall have the same force 4 and effect as an original and that separate signature pages may be used with the filing of this stipulation. 5 6 DATED: April____, 16 2024 DOWNTOWN L.A. LAW GROUP 7 8 BY: _________________________________ 9 IGOR FRADKIN, ESQ. Attorney for Plaintiff, 10 HEATH A. MAYNARICH 11 12 DATED: April 16, 2024 CRUSER, MITCHELL, NOVITZ, 13 SANCHEZ, GASTON & ZIMET, LLP 14 15 16 17 BY: ____________________________________ BRIAN C. HOLLOWAY 18 Attorney for Defendant, TK 19 SECURITY, INC. 20 21 22 DATED: April 16, 2024 YOKA | SMITH, LLP 23 24 By ____________________________________ 25 CHRISTOPHER E. FAENZA VIVIAN I. RIVERA 26 Attorneys for Defendants/Cross- Complainants, EQUITY RESIDENTIAL 27 MANAGEMENT, L.L.C. and 28 CHINATOWN GATEWAY, L.L.C. 29 30 3 31 STIPULATION TO CONTINUE TRIAL AND RELATED STATUTORY CUT-OFF DATES; ORDER 1 2 ORDER ON STIPULATION 3 IT IS ORDERED THAT: 4 February 3 1. The Trial date shall be continued from June 10, 2024 to ___________________, 2025 at 5 8:30 a.m. in Department 27. 6 2. The Final Status Conference shall be continued from May 28, 2024 to 7 January 21 ___________________, 2025 at 10:00 a.m. in Department 27. 8 3. All relevant cut-off dates, including the discovery cut-off and non-expert discovery, shall be 9 based on the new trial date. 10 IT IS FURTHER ORDERED THAT 11 ______________________________________________________________________ 12 ______________________________________________________________________ 13 ______________________________________________________________________ 14 15 16 17 _______________________________ 18 JUDGE OF THE SUPERIOR COURT 19 20 21 22 23 24 25 26 27 28 29 30 4 31 STIPULATION TO CONTINUE TRIAL AND RELATED STATUTORY CUT-OFF DATES; ORDER 1 PROOF OF SERVICE CCP 1013 2 Heath A. Maynarich v. Equity Residential Management, L.L.C, et al: Los Angeles County Superior Court, Case No. 22STCV19504 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 4 and not a party to the within action; my business address is 445 South Figueroa Street, 38th Floor, Los 5 Angeles, California 90071. 6 On April 16, 2024, I served the foregoing document described as STIPULATION TO COTINUE TRIAL AND RELATED STATUTORY CUT-OFF DATES; [PROPOSED] 7 ORDER on the interested party or parties in this action by placing a true copy thereof, enclosed in a 8 sealed envelope, and addressed as noted below: 9 See Attached Service List 10 [ ] (BY MAIL) I am familiar with our firm’s practice of collection and processing 11 correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of the 12 party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one working day after the date of deposit for mailing in this declaration. 13 14 [ ] (BY PERSONAL SERVICE) Such envelope was delivered by hand to the addressees. 15 [X] (BY EMAIL) I emailed this document to the email addresses as listed on the attached service list on April 16, 2024. 16 17 [ ] (BY Overnight Mail) By placing a true copy thereof enclosed in a sealed GSO overnight delivery envelope, April 16, 2024, with such fees prepaid, deposited in a GSO overnight 18 delivery depository at Los Angeles, CA in the ordinary course of business. 19 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 Executed on April 16, 2024, at Los Angeles, California. 22 Arturo R. Solis 23 24 25 26 27 28 1 2 PROOF OF SERVICE CCP 1013 3 Heath A. Maynarich v. Equity Residential Management, L.L.C, et al Los Angeles County Superior Court, Case No. 22STCV19504 4 5 John R. Rofael, Esq. Marc J. Zimet, Esq. Igor Fradkin, Esq. Brian C. Holloway, Esq. 6 DOWNTOWN L.A. LAW GROUP CRUSER, MITCHELL, NOVITZ, SANCHEZ, 910 S. Broadway GASTON & ZIMET LLP 7 Los Angeles, CA 90015 800 Wilshire Blvd., 15th Floor 8 Tel.: (213) 389-3764 Los Angeles, CA 90017 jrofael@downtownlalaw.com Tel.: (213) 689-8500 9 igo@downtownlalaw.com Fax: (213) 689-8501 igorteam@downtownlalaw.com mzimet@cmlawfirm.com 10 bholloway@cmlawfirm.com 11 jcoria@cmlawfirm.com Attorney for Plaintiff, Heath Allen Maynarich 12 Attorney for Defendant/Cross-Defendant, TK Security, Inc. (DOE 1) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28