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RY, BORGES & AMBAC
NEY, BEA
McNAMARA,
3480 BUSKIRK AN
wa
6
LUANNE RUTHERFORD (State Bar No. 153336)
luanne.rutherford@menamaralaw.com
MCNAMARA, NEY, BEATTY, SLATTERY,
Borces & AMBACHER LLP
3480 Buskirk Avenue, Suite 250 ELECTRONICALLY
Pleasant Hill, CA 94523 FILED
Telephone: (925) 939-5330 Superior Court of Catifornia,
Facsimile: (925) 939-0203 County of San Francisco
12/01/2017
Clerk of the Court
Attorneys for Defendants BY: VANESSA WU
HOTEL SUNRISE, INC.; KIRITKUMAR PATEL and perder
SHAKUNTLA PATEL
SUPERIOR COURT OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO
CIVIL - UNLIMITED JURISDICTION
RAMESH SHRESTHA aka RAY | Case No. CGC-16-553387
SHRESTHA, an individual,
DECLARATION OF LUANNE
Plaintiff, RUTHERFORD IN SUPPORT OF EX
PARTE APPLICATION FOR
vs. STIPULATED CONTINUANCE OF
TRIAL DATE
HOTEL SUNRISE, INC.. et al.
Date: December 1. 2017
Defendants. Time: 11:00 a.m,
Dept:
Trial Date: December 11, 2017
I, Luanne Rutherford declare as follows:
1, Tam an attorney of law duly licensed to practice before this court and all courts of
the State of California. I am a partner with the law firm of McNamara, Ney, Beatty, Slattery,
Borges & Ambacher LLP, the attorneys of record for defendants Hotel Sunrise, Kiritkumar Patel
and Shakuntla Patel (“Defendants”).
2. The facts contained in this declaration are based on my own personal knowledge
and, if called as a witness, I could testify competently thereto.
3. I was just retained by Farmers Insurance on November 20, 2017 to represent the
Defendants. On November 22, 2017. I spoke with current counsel for the Defendants, as well as
counsel for Plaintiff.
DEC. OF LUANNE RUTHERFORD ISO EX PARTE APP FOR STIPULATED TRIAL CONTINUANCELp
ERY, BORGES & AMBACHER L
BEATT
McNAMARA, NEY
3480 BUSKIRK AV
4. On November 22, 2017, I began receiving documents from current counsel for
Defendants and have been continually receiving documents in this matter since that time. I have
been diligently reviewing the documents, but they are extremely voluminous and are estimated to
number in the thousands of pages.
5. Lori Feldman, Esq. was also just been retained by Nautilus Insurance at the end of
November 2017. Ms. Feldman and | have been working diligently and exhaustively to obtain the
documents and information necessary to get up to speed on this matter, but insufficient time
exists to accomplish that before a December 11, 2017 trial date.
6. On November 27, 2017, I participated in a conference call with plaintiffs’ attorneys
and Ms. Feldman, Following that call. and in other calls with current defense counsel., Ms.
Feldman and I learned that the deposition of plaintiff still needs to be completed, as do the
depositions of plaintiffs wife and 6 different experts. We learned that this discovery had been
deferred pending mediation with Jerry Spolter at JAMS and the tender of this matter to the
defendant's insurers and a response by the same. Both Farmers and Nautilus Insurance have acted
extremely promptly in retaining defense counsel. Nevertheless, there is insufficient time to
complete this discovery before December 11, 2017.
7. On November 29, 2017, through the auspices of Ms. Feldman, it was agreed that
plaintiff would stipulate to a continuance of the trial date to April 23, 2018; that the defense
would have a third session of plaintiff's deposition not to exceed 4 hours in length, the deposition
of plaintiff's wife and the depositions of disclosed experts would be completed as well.
8. I am currently set for trial in Napa County Superior Court on December 11, 2017.
(Bluman v. Myers, Napa County Superior Court Action No. 16CV001140.) A stipulation to
continue that trial date was denied by the court and I are currently confirmed to commence trial
on December 11, 2017.
9. Good cause exists to continue the trial date in this matter to April 23, 2018, a date
that has been agreed to by all parties. The current discovery deadlines, with the exception of the
discovery outlined above, shall remain applicable as if the December 11, 2017 trial date was still
in effect. The good cause set forth above is also supported by the fact that the defense of this case
DEC. OF LUANNE RUTHERFORD ISO EX PARTE APP FOR STIPULATED TRIAL CONTINUANCEMcNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP
SA 94523
nm
has also been tendered to two (2) other insurance companies and the defendants are currently
awaiting a response from those insurance carriers. It is reasonably anticipated that the other
insurance carriers will appoint defense counsel as well and that those attorneys will need time to
prepare for trial. Moreover, the trial continuance will allow the parties to re-visit mediation in an
attempt to resolve this case.
10. Based on the attached Stipulation signed by all parties, there is no opposition to the
herein application to continue the trial date.
I declare under penalty of perjury under the laws of the State of California that the
foregcing is true and correct. Executed in Pleasant Hill, California on November 30, 2017.
{ © Acwanne Rutherford, Esq.
“
KAPRM\1786 - Shrestha v. Hotel Sunrise\Motions\lx Parte to Cont TRD » Declaration.docx
3
DEC. OF LUANNE RUTHERFORD ISO EX PARTE APP FOR STIPULATED TRIAL CONTINUANCE
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RY, BORGES & AMBAC NEY, BEA McNAMARA, 3480 BUSKIRK AN wa 6 LUANNE RUTHERFORD (State Bar No. 153336) luanne.rutherford@menamaralaw.com MCNAMARA, NEY, BEATTY, SLATTERY, Borces & AMBACHER LLP 3480 Buskirk Avenue, Suite 250 ELECTRONICALLY Pleasant Hill, CA 94523 FILED Telephone: (925) 939-5330 Superior Court of Catifornia, Facsimile: (925) 939-0203 County of San Francisco 12/01/2017 Clerk of the Court Attorneys for Defendants BY: VANESSA WU HOTEL SUNRISE, INC.; KIRITKUMAR PATEL and perder SHAKUNTLA PATEL SUPERIOR COURT OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO CIVIL - UNLIMITED JURISDICTION RAMESH SHRESTHA aka RAY | Case No. CGC-16-553387 SHRESTHA, an individual, DECLARATION OF LUANNE Plaintiff, RUTHERFORD IN SUPPORT OF EX PARTE APPLICATION FOR vs. STIPULATED CONTINUANCE OF TRIAL DATE HOTEL SUNRISE, INC.. et al. Date: December 1. 2017 Defendants. Time: 11:00 a.m, Dept: Trial Date: December 11, 2017 I, Luanne Rutherford declare as follows: 1, Tam an attorney of law duly licensed to practice before this court and all courts of the State of California. I am a partner with the law firm of McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP, the attorneys of record for defendants Hotel Sunrise, Kiritkumar Patel and Shakuntla Patel (“Defendants”). 2. The facts contained in this declaration are based on my own personal knowledge and, if called as a witness, I could testify competently thereto. 3. I was just retained by Farmers Insurance on November 20, 2017 to represent the Defendants. On November 22, 2017. I spoke with current counsel for the Defendants, as well as counsel for Plaintiff. DEC. OF LUANNE RUTHERFORD ISO EX PARTE APP FOR STIPULATED TRIAL CONTINUANCELp ERY, BORGES & AMBACHER L BEATT McNAMARA, NEY 3480 BUSKIRK AV 4. On November 22, 2017, I began receiving documents from current counsel for Defendants and have been continually receiving documents in this matter since that time. I have been diligently reviewing the documents, but they are extremely voluminous and are estimated to number in the thousands of pages. 5. Lori Feldman, Esq. was also just been retained by Nautilus Insurance at the end of November 2017. Ms. Feldman and | have been working diligently and exhaustively to obtain the documents and information necessary to get up to speed on this matter, but insufficient time exists to accomplish that before a December 11, 2017 trial date. 6. On November 27, 2017, I participated in a conference call with plaintiffs’ attorneys and Ms. Feldman, Following that call. and in other calls with current defense counsel., Ms. Feldman and I learned that the deposition of plaintiff still needs to be completed, as do the depositions of plaintiffs wife and 6 different experts. We learned that this discovery had been deferred pending mediation with Jerry Spolter at JAMS and the tender of this matter to the defendant's insurers and a response by the same. Both Farmers and Nautilus Insurance have acted extremely promptly in retaining defense counsel. Nevertheless, there is insufficient time to complete this discovery before December 11, 2017. 7. On November 29, 2017, through the auspices of Ms. Feldman, it was agreed that plaintiff would stipulate to a continuance of the trial date to April 23, 2018; that the defense would have a third session of plaintiff's deposition not to exceed 4 hours in length, the deposition of plaintiff's wife and the depositions of disclosed experts would be completed as well. 8. I am currently set for trial in Napa County Superior Court on December 11, 2017. (Bluman v. Myers, Napa County Superior Court Action No. 16CV001140.) A stipulation to continue that trial date was denied by the court and I are currently confirmed to commence trial on December 11, 2017. 9. Good cause exists to continue the trial date in this matter to April 23, 2018, a date that has been agreed to by all parties. The current discovery deadlines, with the exception of the discovery outlined above, shall remain applicable as if the December 11, 2017 trial date was still in effect. The good cause set forth above is also supported by the fact that the defense of this case DEC. OF LUANNE RUTHERFORD ISO EX PARTE APP FOR STIPULATED TRIAL CONTINUANCEMcNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP SA 94523 nm has also been tendered to two (2) other insurance companies and the defendants are currently awaiting a response from those insurance carriers. It is reasonably anticipated that the other insurance carriers will appoint defense counsel as well and that those attorneys will need time to prepare for trial. Moreover, the trial continuance will allow the parties to re-visit mediation in an attempt to resolve this case. 10. Based on the attached Stipulation signed by all parties, there is no opposition to the herein application to continue the trial date. I declare under penalty of perjury under the laws of the State of California that the foregcing is true and correct. Executed in Pleasant Hill, California on November 30, 2017. { © Acwanne Rutherford, Esq. “ KAPRM\1786 - Shrestha v. Hotel Sunrise\Motions\lx Parte to Cont TRD » Declaration.docx 3 DEC. OF LUANNE RUTHERFORD ISO EX PARTE APP FOR STIPULATED TRIAL CONTINUANCE