Preview
E-FILED
Jeremy M. Dobbins, Esq. (SBN 320648) 5/12/2021 5:09 PM
Law Office of Jeremy M. Dobbins Superior Court of California
1225 E. Divisadero, Third Floor
Fresno, California 93721 County of Fresno
Telephone No.: (559) 306-6580 By: L Peterson, Deputy
Facsimile No.: (559) 316-4070
Email: jeremy@jeremydobbins.com
Attorney for Plaintiff, REZA MOHAMMADI and FARHAN MOHAMMADI
SUPERIOR COURT OF CALIFORNIA
COUNTY OF FRESNO
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11 REZA MOHAMMADI and FARHAN Case Number: 16CECG01808
MOHAMMADI [1* MVA]; REZA
12 MOHAMMADI [24 MVA]; PLAINTIFFS OPPOSITION TO THE
DEFENDANT’S EX PARTE
13 Plaintiffs, APPLICATION SHORTENING THE
TIME IN WHICH TO HEAR A MOTION
14 Vv. FOR COURT ORDER TO COMPEL THE
DEPOSITION OF DR. MOSHE WILKER
15 LARRY MATTSON [1*! MVA]; CITY OF WITH A SET FEE OR, IN THE
FRESNO and STEVE WALLACE [2"4 ALTERNATIVE, FOR A CONTINUANCE
16 MVA\] and DOES | through 100, inclusive.
OF THE TRIAL DATE; MEMORANDUM
OF POINTS AND AUTHORITIES;
17 DECLARATION OF JEREMY M.
Defendants. DOBBINS
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Action Filed: June 6, 2016
19 Trial Date: September 13, 2021
20 TO THE HONORABLE COURT:
21 COMES NOW Plaintiffs, REZA MOHAMMADI and FARHAN MOHAMMADI, to
22 respectfully submit their opposition to Defendants, CITY OF FRESNO and STEVE
23 WALLACE?’s ex parte Application shortening time in which to hear a Motion for Court Order to
24 Compel the Deposition of Dr. Moshe Wilker with a Set Fee, or in the alternative, for a
25 Continuance of the Trial Date.
26 MEMORANDUM OF POINTS AND AUTHORITIES
27 COMES NOW Plaintiff, REZA MOHAMMADI (herein “Plaintiff’), submitting this
28 memorandum of points and authorities in support of his opposition to the Defendants ex parte
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PLAINTIFFS OPPOSITION TO THE DEFENDANT’S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO
HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN
THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATION OF JEREMY M. DOBBINS
application shortening time in which to hear a Motion for Court Order to Compel the Deposition
of Dr. Moshe Wilker with a Set Fee, or in the alternative, for a Continuance of the Trial Date.
I INTRODUCTION
This is a case of two (s) separate collisions in which Defendant, LARRY MATSON,
struck Plaintiffs, REZA MOHAMMADI and FARHAN MOHAMMADLI, in August of 2015,
causing them both personal injury. Less than three (3) months later, in November 2015, a CITY
OF FRESNO bus driver, STEVE WALLACE, rear ended Plaintiff, REZA MOHAMMADI, upon
falling asleep at the wheel, causing personal injury to REZA MOHAMMADI. Instead of
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contesting liability, Defendants are attempting to prove that Plaintiffs damages are from a past
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accident. Plaintiffs completely disagree but never-the-less have attempted to accommodate
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Defendants in extending time for additional discovery and to notice depositions. Further,
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Plaintiffs are unaware of the Defendants seeking Dr. Wilker’s deposition for approximately the
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past year. Plaintiffs received a “cold-set” deposition notice for Dr. Wilker in January of 2021 to
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which Plaintiffs objected to due to unavailability. Plaintiffs moreover provided additional dates
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of availability, held the dates upon confirmation from Defendants, and were then notified by
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Defendants that the agreed upon dates could be released. The Defendants are attempting to use
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ex parte authority at the proverbial “eleventh hour” to compel a deposition that they never
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attempted to regularly notice.
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21 Il. EX PARTE HEARINGS ARE RESERVED IN__ THESE
CIRCUMSTANCES ONLY FOR GOOD CAUSE
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The Califomia Code of Civil Procedure §2025.270(d) states that the court may shorten or
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extend time via ex parte application for the scheduling of a deposition upon a showing of good
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cause.
25 A. THERE HAS BEEN NO SHOWING OF GOOD CAUSE FOR THE COURT
26 TO GRANT THE DEFENDANTS REQUESTED EX PARTE RELIEF
27 When a nonparty fails to cooperate with a subpoena, the Code provides that you may
move for an order compelling production. (Code Civ. Proc., §§ 2025.450, 2025.480.). When the
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PLAINTIFFS OPPOSITION TO THE DEFENDANT'S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO
HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN
THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATION OF JEREMY M. DOBBINS
witness makes no response (i.e., no objections, documents, or response), there is no set time limit
on motions to compel. (Code Civ. Proc., § 2025.450(a).). When the witness makes an inadequate
response (i.e., objections served or insufficient documents produced), you must move within 60
days of the “completion of the record.” (Id. at § 2025.480(b); Rutledge v. Hewlett-Packard
Co, (2015) 238 Cal.A pp.4th 1164, 1192.)
Y ou must personally serve the motion on the nonparty witness. (Cal. Rules of Court, rule
3.1346 [requiring personal service unless otherwise agreed].) The motion should include a meet-
and-confer declaration. Where the responding is a “no-show” as described above, you may file a
simpler declaration stating that you contacted the witness about their nonappearance. (Code Civ.
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Proc., § 2025.450(b)(2).) If the witness made an inadequate response, you must include the
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typical meet-and-confer declaration “showing a reasonable and good faith attempt at an informal
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resolution of each issue presented by the motion.” (Id. at § 2025.480 (citing§ 2016.040).)
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The above statutes are all instances that would equal good cause, when a motion to compel
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is warranted. In the current circumstances there has been no good cause as the Defendants have
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not diligently sought Dr. Wilker’s deposition in at least the last twelve months. Dr. Wilker has
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not even had a chance to make an inadequate response, so therefore a motion to compel is
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inappropriate. An ex parte application to request such is even more-so inappropriate. Based on
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the foregoing, Plaintiff humbly asks the court to deny the Defendants untimely and unsupported
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ex parte application.
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21 Ill. THE DEFENDANTS ARE ASKING FOR INAPPROPRIATE
RELIEF AT THE PROVERBIAL “ELEVENTH HOUR”
qa
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With limited exception, an action shall be brought to trial within five years after the action
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is commenced against the defendant. (Code Civ. Proc. §583.310).
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Exceptions to CCP §583.310 are meant to address events outside the Plaintiff’s control
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and extrinsic to the litigation that prevent the parties from “moving the case toward trial” and
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“deprive the plaintiff of a substantial portion of the five-year” limit. (Gaines v. Fid. Nat'l Title
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Ins. Co. (2016) 62 Cal.4th 1081). These exceptions do not apply to the Defendants.
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PLAINTIFFS OPPOSITION TO THE DEFENDANT’S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO
HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN
THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATION OF JEREMY M. DOBBINS
Defendants have additionally already passed the final discovery date in this matter once
before, with the original trial date of August 12, 2019, and had moreover completed a Mandatory
Settlement Conference with Plaintiff, REZA MOHAMMADL, on July 10, 2019.
The appellate reversal brought no substantive changes to the facts of the case. Never-the-
less, Plaintiffs still granted the Defendants more time to conduct further discovery. Now
approximately a year after the appellate ruling on this matter, the Defendants’ are trying to compel
a deposition, that was never duly noticed, at the proverbial “eleventh hour,” or seek a further
continuance of trial to remedy their lack of attention to the matter.
Because of the age of the case and the ample time the Defendants have already had to
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defend this matter, the alternative request to continue trial should be denied.
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Iv. CONCLUSION
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For the foregoing reasons, it is respectfully submitted that the Defendants motion for ex
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parte relief to compel Dr. Wilker’s deposition or in the alternative to continue trial, be denied.
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Dated: May 12, 2021 LAW OFFICE OF JEREMY M. DOBBINS
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Ch
sla Jeremy M. Dobbins
3|9 21 Attomey for Plaintiffs,
22 REZA MOHAMMADI and
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FARHAN MOHAMMADI
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PLAINTIFFS OPPOSITION TO THE DEFENDANT'S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO
HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN
THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATION OF JEREMY M. DOBBINS
DECLARATION OF JEREMY M. DOBBINS
I, Jeremy M. Dobbins, declare as follows:
1 I am an attomey licensed to practice law in all courts in the State of California. I
am counsel of record for Plaintiffs, REZA MOHAMMADI and FARHAN MOHAMMADI
(herein “plaintiff(s)”). I have personal knowledge of the facts and matters herein, and, if called
upon to testify in this matter, I could and would competently do so.
2 I make this declaration in support of Plaintiffs’ Opposition in part, opposing the
further continuance of trial.
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3 Plaintiffs’ initial Complaint was filed on June 6, 2016.
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4. After over three years of litigation on September 17, 2019, the court adopted a
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tentative ruling enforcing a disputed settlement in favor of Defendants.
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5 On September 25, 2019 Plaintiff filed an appeal with the Fifth District Court of
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Appeal.
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6 On June 16, 2020 the SDCA issued its opinion in favor of the Plaintiff's appeal.
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7 On June 30, 2020 defendants submitted a petition to be reheard.
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8 On July 6, 2020 the 5DCA denied the defendants petition and modified their
18
opinion.
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9 On August 17, 2020 the 5DCA issued a remittitur.
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10. On August 18, 2020 the Superior Court set new dates for a jury trial.
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11. On September 3, 2020 Plaintiff's counsel met and conferred with counsel or both
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Defendants. All agreed to use the new trial date for discovery purposes.
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12. On May 12, 2021 defendants City of Fresno served Plaintiffs moving papers for
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an Ex Parte hearing to compel the deposition of Moshe Wilker MD or in the alternative to
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continue the trial date.
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13. On May 12, 2021 Plaintiffs hereby oppose this motion and served opposing papers
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on the Defendants.
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PLAINTIFFS OPPOSITION TO THE DEFENDANT'S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO
HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN
THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATION OF JEREMY M. DOBBINS
14 The Mandatory Settlement Conference is set for August 17, 2021
15 The Trial Readiness Hearing is set for September 10, 2021
16 Trial by jury is set for September 13, 2021
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed this 12" day of May 2021, at Fresno County, California.
CY
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\pua
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Jeremy M. Dobbins
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PLAINTIFFS OPPOSITION TO THE DEFENDANT'S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO
HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN
THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATION OF JEREMY M. DOBBINS
PROOF OF SERVICE
My business address is 1225 E. Divisadero Street, Fresno, CA 93721. I am employed in
Fresno, California. I am over the age of 18 years and am not a party to this case.
On the date indicated below, I served the foregoing document(s) described as
PLAINTIFFS OPPOSITION TO THE DEFENDANT’S EX PARTE APPLICATION
SHORTENING THE TIME IN WHICH TO HEAR A MOTION FOR COURT ORDER
TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN
THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE;
MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JEREMY M.
DOBBINS to all interested parties in this action as indicated in the attached service list and in the
manner as described below:
Mandy L. Jeffcoach, Esq.
Whitney Thompson & Jeffcoach
8050 N. Palm Avenue, Suite 110
10 Fresno, California 93711
mjeffcoach@wtjlaw.com
11
smequillan@wtjlaw.com
12 jjohnson@wtjlaw.com
nlee@wtjlaw.com
13 Attorney for Defendant, CITY OF FRESNO
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Sean T. O’Rourke, Esq.
15 Petrie Leath Larrivee & O’Rourke, LLP
6051 N. Fresno Street, Suite 110
16 Fresno, California 93721
17 orourke@pllolegal.com
Attorney for Defendant, LARRY MATSON
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19 X__(BY ELECTRONIC MAIL) I caused such documents to be scanned into PDF format and
sent via electronic mail to the electronic mail address(es) of the address(es) designated above.
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EXECUTED ON May 13, 2021 at Fresno, California.
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X__(STATE) I declare under penalty of perjury under the laws of the State of California that
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the foregoing is true and correct.
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(FEDERAL) I declare that I am employed in this office of a member of the bar of this court
24 at whose direction this service was made.
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26 By
Nichole M. Atkinson, Declarant
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PLAINTIFFS OPPOSITION TO THE DEFENDANT’S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO
HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN
THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATION OF JEREMY M. DOBBINS
Preview
E-FILED Jeremy M. Dobbins, Esq. (SBN 320648) 5/12/2021 5:09 PM Law Office of Jeremy M. Dobbins Superior Court of California 1225 E. Divisadero, Third Floor Fresno, California 93721 County of Fresno Telephone No.: (559) 306-6580 By: L Peterson, Deputy Facsimile No.: (559) 316-4070 Email: jeremy@jeremydobbins.com Attorney for Plaintiff, REZA MOHAMMADI and FARHAN MOHAMMADI SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO 10 11 REZA MOHAMMADI and FARHAN Case Number: 16CECG01808 MOHAMMADI [1* MVA]; REZA 12 MOHAMMADI [24 MVA]; PLAINTIFFS OPPOSITION TO THE DEFENDANT’S EX PARTE 13 Plaintiffs, APPLICATION SHORTENING THE TIME IN WHICH TO HEAR A MOTION 14 Vv. FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER 15 LARRY MATTSON [1*! MVA]; CITY OF WITH A SET FEE OR, IN THE FRESNO and STEVE WALLACE [2"4 ALTERNATIVE, FOR A CONTINUANCE 16 MVA\] and DOES | through 100, inclusive. OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; 17 DECLARATION OF JEREMY M. Defendants. DOBBINS 18 Action Filed: June 6, 2016 19 Trial Date: September 13, 2021 20 TO THE HONORABLE COURT: 21 COMES NOW Plaintiffs, REZA MOHAMMADI and FARHAN MOHAMMADI, to 22 respectfully submit their opposition to Defendants, CITY OF FRESNO and STEVE 23 WALLACE?’s ex parte Application shortening time in which to hear a Motion for Court Order to 24 Compel the Deposition of Dr. Moshe Wilker with a Set Fee, or in the alternative, for a 25 Continuance of the Trial Date. 26 MEMORANDUM OF POINTS AND AUTHORITIES 27 COMES NOW Plaintiff, REZA MOHAMMADI (herein “Plaintiff’), submitting this 28 memorandum of points and authorities in support of his opposition to the Defendants ex parte 1 PLAINTIFFS OPPOSITION TO THE DEFENDANT’S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JEREMY M. DOBBINS application shortening time in which to hear a Motion for Court Order to Compel the Deposition of Dr. Moshe Wilker with a Set Fee, or in the alternative, for a Continuance of the Trial Date. I INTRODUCTION This is a case of two (s) separate collisions in which Defendant, LARRY MATSON, struck Plaintiffs, REZA MOHAMMADI and FARHAN MOHAMMADLI, in August of 2015, causing them both personal injury. Less than three (3) months later, in November 2015, a CITY OF FRESNO bus driver, STEVE WALLACE, rear ended Plaintiff, REZA MOHAMMADI, upon falling asleep at the wheel, causing personal injury to REZA MOHAMMADI. Instead of 10 contesting liability, Defendants are attempting to prove that Plaintiffs damages are from a past 11 accident. Plaintiffs completely disagree but never-the-less have attempted to accommodate 12 Defendants in extending time for additional discovery and to notice depositions. Further, 13 Plaintiffs are unaware of the Defendants seeking Dr. Wilker’s deposition for approximately the 14 past year. Plaintiffs received a “cold-set” deposition notice for Dr. Wilker in January of 2021 to 15 which Plaintiffs objected to due to unavailability. Plaintiffs moreover provided additional dates 16 of availability, held the dates upon confirmation from Defendants, and were then notified by 17 Defendants that the agreed upon dates could be released. The Defendants are attempting to use 18 ex parte authority at the proverbial “eleventh hour” to compel a deposition that they never 19 attempted to regularly notice. 20 21 Il. EX PARTE HEARINGS ARE RESERVED IN__ THESE CIRCUMSTANCES ONLY FOR GOOD CAUSE 22 The Califomia Code of Civil Procedure §2025.270(d) states that the court may shorten or 23 extend time via ex parte application for the scheduling of a deposition upon a showing of good 24 cause. 25 A. THERE HAS BEEN NO SHOWING OF GOOD CAUSE FOR THE COURT 26 TO GRANT THE DEFENDANTS REQUESTED EX PARTE RELIEF 27 When a nonparty fails to cooperate with a subpoena, the Code provides that you may move for an order compelling production. (Code Civ. Proc., §§ 2025.450, 2025.480.). When the 28 2 PLAINTIFFS OPPOSITION TO THE DEFENDANT'S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JEREMY M. DOBBINS witness makes no response (i.e., no objections, documents, or response), there is no set time limit on motions to compel. (Code Civ. Proc., § 2025.450(a).). When the witness makes an inadequate response (i.e., objections served or insufficient documents produced), you must move within 60 days of the “completion of the record.” (Id. at § 2025.480(b); Rutledge v. Hewlett-Packard Co, (2015) 238 Cal.A pp.4th 1164, 1192.) Y ou must personally serve the motion on the nonparty witness. (Cal. Rules of Court, rule 3.1346 [requiring personal service unless otherwise agreed].) The motion should include a meet- and-confer declaration. Where the responding is a “no-show” as described above, you may file a simpler declaration stating that you contacted the witness about their nonappearance. (Code Civ. 10 Proc., § 2025.450(b)(2).) If the witness made an inadequate response, you must include the 11 typical meet-and-confer declaration “showing a reasonable and good faith attempt at an informal 12 resolution of each issue presented by the motion.” (Id. at § 2025.480 (citing§ 2016.040).) 13 The above statutes are all instances that would equal good cause, when a motion to compel 14 is warranted. In the current circumstances there has been no good cause as the Defendants have 15 not diligently sought Dr. Wilker’s deposition in at least the last twelve months. Dr. Wilker has 16 not even had a chance to make an inadequate response, so therefore a motion to compel is 17 inappropriate. An ex parte application to request such is even more-so inappropriate. Based on 18 the foregoing, Plaintiff humbly asks the court to deny the Defendants untimely and unsupported 19 ex parte application. 20 21 Ill. THE DEFENDANTS ARE ASKING FOR INAPPROPRIATE RELIEF AT THE PROVERBIAL “ELEVENTH HOUR” qa 22 With limited exception, an action shall be brought to trial within five years after the action 23 is commenced against the defendant. (Code Civ. Proc. §583.310). 24 Exceptions to CCP §583.310 are meant to address events outside the Plaintiff’s control 25 and extrinsic to the litigation that prevent the parties from “moving the case toward trial” and 26 “deprive the plaintiff of a substantial portion of the five-year” limit. (Gaines v. Fid. Nat'l Title 27 Ins. Co. (2016) 62 Cal.4th 1081). These exceptions do not apply to the Defendants. 28 3 PLAINTIFFS OPPOSITION TO THE DEFENDANT’S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JEREMY M. DOBBINS Defendants have additionally already passed the final discovery date in this matter once before, with the original trial date of August 12, 2019, and had moreover completed a Mandatory Settlement Conference with Plaintiff, REZA MOHAMMADL, on July 10, 2019. The appellate reversal brought no substantive changes to the facts of the case. Never-the- less, Plaintiffs still granted the Defendants more time to conduct further discovery. Now approximately a year after the appellate ruling on this matter, the Defendants’ are trying to compel a deposition, that was never duly noticed, at the proverbial “eleventh hour,” or seek a further continuance of trial to remedy their lack of attention to the matter. Because of the age of the case and the ample time the Defendants have already had to 10 defend this matter, the alternative request to continue trial should be denied. 11 12 Iv. CONCLUSION 13 For the foregoing reasons, it is respectfully submitted that the Defendants motion for ex 14 parte relief to compel Dr. Wilker’s deposition or in the alternative to continue trial, be denied. 15 16 Dated: May 12, 2021 LAW OFFICE OF JEREMY M. DOBBINS 17 18 3|2 19 20 ~--- +5 Ch sla Jeremy M. Dobbins 3|9 21 Attomey for Plaintiffs, 22 REZA MOHAMMADI and qa FARHAN MOHAMMADI 23 24 25 26 27 28 4 PLAINTIFFS OPPOSITION TO THE DEFENDANT'S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JEREMY M. DOBBINS DECLARATION OF JEREMY M. DOBBINS I, Jeremy M. Dobbins, declare as follows: 1 I am an attomey licensed to practice law in all courts in the State of California. I am counsel of record for Plaintiffs, REZA MOHAMMADI and FARHAN MOHAMMADI (herein “plaintiff(s)”). I have personal knowledge of the facts and matters herein, and, if called upon to testify in this matter, I could and would competently do so. 2 I make this declaration in support of Plaintiffs’ Opposition in part, opposing the further continuance of trial. 10 3 Plaintiffs’ initial Complaint was filed on June 6, 2016. 11 4. After over three years of litigation on September 17, 2019, the court adopted a 12 tentative ruling enforcing a disputed settlement in favor of Defendants. 13 5 On September 25, 2019 Plaintiff filed an appeal with the Fifth District Court of 14 Appeal. 15 6 On June 16, 2020 the SDCA issued its opinion in favor of the Plaintiff's appeal. 16 7 On June 30, 2020 defendants submitted a petition to be reheard. 17 8 On July 6, 2020 the 5DCA denied the defendants petition and modified their 18 opinion. 19 9 On August 17, 2020 the 5DCA issued a remittitur. 20 10. On August 18, 2020 the Superior Court set new dates for a jury trial. 21 11. On September 3, 2020 Plaintiff's counsel met and conferred with counsel or both 22 Defendants. All agreed to use the new trial date for discovery purposes. 23 12. On May 12, 2021 defendants City of Fresno served Plaintiffs moving papers for 24 an Ex Parte hearing to compel the deposition of Moshe Wilker MD or in the alternative to 25 continue the trial date. 26 13. On May 12, 2021 Plaintiffs hereby oppose this motion and served opposing papers 27 on the Defendants. 28 5 PLAINTIFFS OPPOSITION TO THE DEFENDANT'S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JEREMY M. DOBBINS 14 The Mandatory Settlement Conference is set for August 17, 2021 15 The Trial Readiness Hearing is set for September 10, 2021 16 Trial by jury is set for September 13, 2021 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 12" day of May 2021, at Fresno County, California. CY // | \pua —----- —--- Jeremy M. Dobbins 10 11 12 13 14 15 16 17 18 19 20 21 qa 22 23 24 25 26 27 28 6 PLAINTIFFS OPPOSITION TO THE DEFENDANT'S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JEREMY M. DOBBINS PROOF OF SERVICE My business address is 1225 E. Divisadero Street, Fresno, CA 93721. I am employed in Fresno, California. I am over the age of 18 years and am not a party to this case. On the date indicated below, I served the foregoing document(s) described as PLAINTIFFS OPPOSITION TO THE DEFENDANT’S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JEREMY M. DOBBINS to all interested parties in this action as indicated in the attached service list and in the manner as described below: Mandy L. Jeffcoach, Esq. Whitney Thompson & Jeffcoach 8050 N. Palm Avenue, Suite 110 10 Fresno, California 93711 mjeffcoach@wtjlaw.com 11 smequillan@wtjlaw.com 12 jjohnson@wtjlaw.com nlee@wtjlaw.com 13 Attorney for Defendant, CITY OF FRESNO 14 Sean T. O’Rourke, Esq. 15 Petrie Leath Larrivee & O’Rourke, LLP 6051 N. Fresno Street, Suite 110 16 Fresno, California 93721 17 orourke@pllolegal.com Attorney for Defendant, LARRY MATSON 18 19 X__(BY ELECTRONIC MAIL) I caused such documents to be scanned into PDF format and sent via electronic mail to the electronic mail address(es) of the address(es) designated above. 20 EXECUTED ON May 13, 2021 at Fresno, California. 21 X__(STATE) I declare under penalty of perjury under the laws of the State of California that 22 the foregoing is true and correct. 23 (FEDERAL) I declare that I am employed in this office of a member of the bar of this court 24 at whose direction this service was made. 25 26 By Nichole M. Atkinson, Declarant 27 28 7 PLAINTIFFS OPPOSITION TO THE DEFENDANT’S EX PARTE APPLICATION SHORTENING THE TIME IN WHICH TO HEAR A MOTION FOR COURT ORDER TO COMPEL THE DEPOSITION OF DR. MOSHE WILKER WITH A SET FEE OR, IN THE ALTERNATIVE, FOR A CONTINUANCE OF THE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JEREMY M. DOBBINS