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EJT-003
ATTORNEYOR PARTY WITHOUTATTORNEY: STATEBAR NO:: FOR COURT USEONLY
nave: Allan R. Frumkin, Esq. 50543
rirnmnaMe:LaW Offices of Allan R. Frumkin, Inc.
streetappress: 5900 King Road
cry; Loomis state:CA zipcope:95650
tetepHowe No: (916) 660-9298 raxno.: (916) 652-7380
E-maiLappress:Frumkinlaw@aol.com s F = LED '
ATTORNEY FORfname):
Plaintiff Se ant of Placer -
SUPERIOR COURT OF GALIFORNIA, COUNTY OF Placer
streeTaporess: LOB20 Justice Center Drive JAN 2 4 2020
MAILING
ADDRESS:
ciyannzipcove: ROSEVille 95678 \ Pedotve oticer & cierk
BRANCHNAME: Bil] Santucci Justice Center y: O. Lucatuorto, Deputy
PLAINTIFFPETITIONER: David C. Roberts
DEFENDANT/RESPONDENT:Rick Gouveia
OTHER:
REQUEST TO OPT OUT OF MANDATORY CASE NUMBER:
JURY TRIAL PROCEDURES MCV0074150 |
| EXPEDITED
See instructions on back.
1. (Name ofparty): David C. Roberts requests to opt outof the mandatory expedited jurytriatprocedures
inthiscase because itmeets one of the criteria
set forthin Code ofCivilProcedure section 630.20(b).
2. The ground forasking toopt:out is(check one or more.of the following:grounds from Code ef CivilProcedure section 630.20(b)):
a. Grounds on which a party may choose toopt out-of.anexpedited jurytrial.
(1) | Punitive damages are soughtin the case. (§630.20(b)(1).)
(2)C3 Damages inexcess of insurance policy limitsaresought inthe case. (§ 630.20(b)(2).)
3) CQ A party'sinsureris providing a legaldefense subject toa reservation of rights.(§630.20(b)(3).)
(4)Cc The case involves a claim reportable to agovernmental entity.
(§ 630.20(b)(4).)
(5) ) The case involves a claim ofmoral turpitudethat may affectan individual'sprofessional license.(§ 630.20(b){5).)
(Identifythe individualand the license):
(6) xO The case involves claims of intentionalconduct. (§ 630.20(b)(6).)
(7) CJ The case has been: reclassifiedas unlimited pursuant to Code of CivilProcedure section 403.020. (§630.20(b)(7).)
(8) J The compiaint contains a demand forattorney's fees otherthan feessought under CivilCode section 1717.
(§ 630.20(b)(8).)(A complaint seeking attorney's feesprovided forin a contractis not exempt.)
b. Ground on which thejudge must make a finding.(Note thatgood cause includes,but isnot limited to, a showing that aparty
needs more than fivehours to present.or defend theaction and the parties.have been unable tostipulate.toadditional time.)
Kk) Good cause exists(other than one ofthe grounds listed-above)for notproceeding:as.an expedited jurytrial
(§ 630.20(b)(9)) (explainbelow or on attached page or pages):
The parties have stipulated to opt-out. Please see
attached stipulation.
3. if therequest isnot made within the time required under Cal. Rules of Court, rule3.1546, describe the good cause forlatefiling:
The parties made a request in December which was denied and because
of counsel's trial schedule it took more time than expected to
execute the attached stipulation.
(J Check here if youneed more space todescribe thegood cause forthe request, orfor delay, and attach a separate page or
pages describing At
it. the top ofeach page, write “EJT-003, item 2b” or “EJT-003, item 3,” as applicable.
| declareunder penalty ofperjury under the laws of the State ofCaliforniathat theforegoing istrue and correct.
Date: ,/pu ) Dt
Allan R. Frumkin, Esq.
OF
(SIGNATURE:ATTORNEY’OR PARTY WITHOUT ATTORNEY)Page1 of 2
(TYPE-ORPRINT/NAME)
i Ocacatens REQUEST TO OPT OUT OF MANDATORY oy ae of Goonue 2138
Esr-08Newsy 2006) CEB | iehns EXPEDITED JURY TRIAL PROCEDURES cama
David C. Roberts
ALLAN R. FRUMKIN, ESQ. (SB#50543)
PATRICK RIAZI, ESQ. (SB#224017)
| LAW OFFICES OF ALLAN R. FRUMIKIN, INC.
5900 KING ROAD
LOOMIS, CA 95650
ty
Felephone Number (916) 660-9298
Facsimile Number (948) 652-7380
ah
Attorney for Plaintiff
David C. Roberts
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
10 David C. Roberts, Case No.: MCV 0074150
1] Plaintiff, STIPULATION TO OPT-OUT OF
WANDATORY EXPEDITED JURY TRIAL
12 VS. PROCEDURES
43 Rick Gouveia, :
Trial Date: February 27, 2020
14 Defendant.
1$
16
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Plaintiff, David ‘C. Roberts, through his counsel, Allan R. Frumkin, Esq. and
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Defendant, Rick Gouveia, by and through his counsel, William L. Bowen, Esq., agree to
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this Stipulation to Opt-Out of Mandatory Expedited Jury Trial Procedures:
1. Parties stipulate that the current trial date of February 27, 2020, be vacated and
that this matter be removed from the Mandatory Expedited Jury Trial Procedures.
2. Parties stipulate to having this matter placed on the normal civiltrial schedule
| and that any and all pre-trial deadlines be vacated and re-calculated upon a new trial
date being scheduled.
1
Roberts v Gouveia, Case No.: MCY 0074150, Stipulation to Opt-Out ofMandatory Expedited Jury TrialProcedures
This stipulation is being. entered into because Plaintiff and Defendant's counsel
have conflicts during the month of January and February. Plaintiff and Defendant's
bo
counsel also require sufficient time to complete Discovery and a shortened trial date,
tu2
along with trials scheduled for January and February makes it very difficult for both
parties to prepare for a February 27, 2020 trial date.
Hn
Pursuant to California Rules of Court 3.1546, a request to opt-out must be made
45 days prior to the date set for trial. Plaintiff made an initial request on November 25,
2049, within the time limits, which was denied. Although this Stipulation and request
[are being made outside of the prescribed time limits, the fact that there is a Stipulation
1 and that this is the second attempt, provide sufficient good cause to consider the
1] request.
12 Itis hereby stipulated:
Law Offices of Allan R. Frumkin, inc.
14
15 Data: ,»/%o } fy (ZA
Allan R. Frumkin, Esq.
16 Attorney for Plaintiff
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Bowen Law Firm
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Date: @ bof CLO Lip Le
William L. Bowen
Attorney for Defendant
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Roberts » Gouveia, Case No: MCV 0074150, Stipulation.toOpt-Out of Mandatory Expedited JuryTrial Procedures