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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name,state bar number, and address): FOR COURT USE ONLY
Daniel V. Kohls (SBN: 167987)/Leighton B. Koberlein (SBN: 252891)
HANSEN KOHLS SOMMER &JACOB
1 520 Eureka Road, Suite 100, Roseville, CA 95661
TELEPHONE NO:(916) 781-2550 FAX NO:(9~6) 7881-5339
ATTORNEY FOR (Name): Defendant Fire Insurance Exchan e E-FILED
SUPERIOR COURT OF CALIFORNIA •COUNTY OF FRESNO 2/22/2021 9:54 AM
Civil Division Superior Court of California
1 130 O Street County of Fresno
Fresno, California 93721-2220 By: E. Alvarado, Deputy
PLAINTIFF/PETITIONER: Edward Funez
DEFENDANT/RESPONDENT: Fire Insurance Exchange
CASE NUMBER:
OPPOSITION TO REQUEST FOR PRETRIAL DISCOVERY CONFERENCE
1 9CECG02755
~ Plaintiff(s) ~✓ Defendant(s) ~ Cross-complainants) ~ Cross-defendants) ~ Other(s) Opposition to
request a Pretrial Discovery Conference filed by on
This opposition relates to:
❑ A dispute regarding a request for production of documents, set propounded on
❑ A dispute regarding form or special interrogatories, set propounded on
❑ A dispute regarding a deposition subpoena directed at for deposition scheduled for
❑✓ A dispute regarding a deposition notice, production of documents at a deposition or deposition questions
related to the deposition of various Fire Ins. depos scheduled for
❑ A dispute regarding monetary, issue, evidence or terminating sanctions related to
~ Privilege is the basis for the refusal to produce documents and a privilege log is attached which complies
with Local Rule 2.1.17(6).
The parties have engaged in the following meaningful meet and confer efforts prior to filing this opposition:
(Describe in detail all meet and confer efforts including any narrowing of the issues or resolutions reached via
these efforts.)
Plaintiff's counsel did not timely initiate meet and confer efforts and only sought further responses long after the
deadline to file any motion to compel had passed
PCV-71 R05-19 Fresno County Superior Court
OPPOSITION TO REQUEST FOR PRETRIAL DISCOVERY CONFERENCE Local Rule 2.1.17
Mandatory
A brief summary of why the requested discovery should be denied, including the facts and legal arguments in
support is as follows:
(Excepting a privilege log if checked above, no pleadings, exhibits, declarations, or attachments shall be
attached.)
Defendant Fire Insurance Exchange opposes Plaintiff's request for an informal discovery conference on the
following grounds. The time has long passed for Plaintiff to file any discovery motions in this case. Discovery
closed on January 4, 2021. The initial date set for trial was February 1, 2021. Plaintiff filed this request for IDC on
February 12, 2021. Pursuant to the Code of Civil Procedure, Plaintiff was to file any motions related to discovery
less than 15 days prior to the date set for trial. (Code of Civil Procedure 2024.020(a).) The fact that trial was
continued does not change this fact. (Code of Civil Procedure 2024.020(b).) Plaintiff has failed to timely file and
has lost the opportunity to file any motions on this discovery.
It is understood that the filing of the Request for a Pretrial Discovery Conference tolls the time for filing a
motion to compel discovery on the disputed issues for the number of days between the filing of the request
and issuance by the Court of a subsequent order pertaining to the discovery dispute.
PQI'ty I'eC2ly@d th@ REQUEST FOR PRETRIAL DISCOVERY CONFERENCE OI1: 02/12/2021
Date
Pursuant to Local Rule 2.1.17(A)(1), this opposition is being filed within five (5) court days of service of the request
for a Pretrial Discovery Conference, extended five (S) days for service by mail, and has been served on the
opposing party.
Opposing Party was served with a copy of the OPPOSITION TO REQUEST FOR PRETRIAL DISCOVERY CONFERENCE
on: 02/22/2021
Date
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
..-,
02/22/2021 Leighton B. Koberlein ~ ~~
Date Type or Print Name Signature o or Party
Party or Attorney
PCV-71 R05-19 OPPOSITION TO REQUEST FOR PRETRIAL DISCOVERY CONFERENCE Fresno County Superior Court
Mandatory Local Rule 2.1.17
STATE OF CALIFORNIA )
ss. PROOF OF SERVICE
2 COUNTY OF PLACER )
3 I am a citizen of the United States and am employed within the county aforesaid; I am over
the age ofeighteen years and not a party to the within action; my business address is Hansen, Kohls,
4 Sommer &Jacob, LLP, 1520 Eureka Road, Suite 100, Roseville, California 95661.
5 On the date mentioned below, I served the following document(s):
6 OPPOSITION TO REQUEST FOR PRETRIAL DISCOVERY CONFERENCE
7 on the interested parties in said action addressed as follows:
J. Edward Kerley Attorney for Plaintiff
8 Dylan L. Schaffer
Nicholas J. Peterson
9 Kerley Schaffer LLP
1939 Harrison Street, Suite 500
10 Oakland, CA 94612
Tel: (510) 379-5801/Fax: (510)228-0350
11 edwardnkslaw.us
~lannkslaw.us
12 nicknkslaw.us
service ~c kslaw.us
13
Patrick S. Schoenburg Attorneys for Defendant Benevento's
14 Alexi P. Antoniou Cleaning &Restoration Service Inc. dba
Wood Smith Henning &Berman LLP Service Master by Benevento
15 7108 North Fresno Street, Suite 250
Fresno, CA 93720-2952
16 Tel:(559)437-2860/Fax:(559)438-1350
pschoenbur 7 a,wshblaw.com
17 aantoniounwshblaw.com
18 Michelle R. Ferber Attorneys for Defendant American
Connor M. Day Contractors Indemnity Company
19 Ferber Law, A Professional Corporation
2603 Camino Ramon, Suite 385
20 San Ramon, CA 94583
Tel: (925) 355-9088/Fax:(925) 263-1676
21 cday~iz),ferberlaw.eom
mferbernferberlaw.com
22
► ( ) BY MAIL -- by placing a true copy thereof enclosed in an envelope addressed as set
23 forth above. I am readily familiar with this office's practice whereby the mail is sealed,
given the appropriate postage and placed in a designated mail collection area. Each day's
24 mail is collected and deposited in a United States mailbox after the close of each day's
business.
25 ► (X) BY EMAIL -- by emailing a true and correct copy to the email addresses
identified above.
26
Ideclare under penalty of perjury under the laws of h tate of Califo tat the foregoing
27 is true and correct. Executed on February 22, 2021, at Ro ille, Caljforni
28 Sus'e Schiele