Party Statement: Robert Clampett, et al. vs. Homesite Insurance Company of California

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                                1   David M. Hollingsworth ESQ. State Bar #36405
     1474 Deer Flat Road
 2   Monterey, CA 93940
     Tel: (831) 375-3135
 3   Fax: (831) 920-2121
     dmhlaw@comcast.net
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     Attorney for Plaintiffs, Robert Clampett and Marianna Clampett
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                                 SUPERIOR COURT OF CALIFORNIA,
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                                      COUNTY OF MONTEREY
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                                             (Unlimited Civil)
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     ROBERT CLAMPETT, an individual                 No.    21CV001804
11   and MARIANNA CLAMPETT, an
     individual,
12                                                 DECLARATION OF COUNSEL IN SUPPORT OF
                   Plaintiffs,                     EX PARTE APPLICATION FOR RELIEF FROM
13                                                 DELAY IN POSTING JURY FEES
14                     vs
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     HOMESITE INSURANCE
16   COMPANY OF CALIFORNIA, a
     California corporation; and DOES 1
17   through 10, inclusive
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                Defendants
19   _______________________________
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21   David M. Hollingsworth declares:
22          1. Status of Attorneys for Plaintiffs: I am one of two attorneys for Plaintiffs herein. I
23   have been in the process of winding up my cases, declining most new cases and retiring after 56
24   years of active litigation practice. This case is one of very few Superior Court cases remaining
25   unresolved at this time. Accordingly, as part of said process, Declarant and Plaintiffs selected a
26   specialist in insurance claims to gradually assume the management of this case as lead counsel:
27   Robert Roe, Esq. of Encino, California. I have also recently been succeeded in my representation
28   of one of the subcontractor-defendants in Case Number 20CV001415, (Complex Litigation):

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 1   Fernandez vs. Corinthian Construction.
 2          2. Attorneys’ Oversight in Not Depositing Jury Fees: In the process of replacement of
 3   my former lead representation in this case there have been a few problems, including our failure
 4   to definitively and clearly assign the duty of filing the initial case management conference
 5   statement and posting jury deposit due at that time. However, we originally demanded a jury
 6   trial in the Complaint filed herein at the same time of filing thereof. Defendant also demanded a
 7   jury trial and posted its fees herein. Our failure to post at the time of the CMCS was an
 8   inadvertent oversight attributable in substantial part to our internal confusion about who was
 9   tasked with the preparation of the CMC and appearance at CMCS, all as described in our
10   response to the OSC to show cause why we did not file a CMCS nor appear at CMC.
11          3. Plaintiffs Never Knew Of, Nor Consented To, a Waiver of Jury because that
12   oversight was never recognized by me until after our explanatory Declarations and P&A
13   regarding th CMC explained said oversight in apologizing for our failure to file a CMCS and
14   appear at the CMC.
15          4. Defendants do not oppose this Application: After I recognized said oversight of
16   failure to post fees, I conducted a meet and confer with opposing counsel, Barbara Mandellon
17   the subject. Although she stated she was not authorized to stipulate to an Order relieving from
18   the waiver, she agreed not to oppose same, and has herself posted jury fees in behalf of
19   Defendant.
20          5. Compliance with Notice Required per Rules of Court 1203.3 and 1203.4: At 8:30
21   in the forenoon of Tuesday, January 4, 2022, in Department 13 of the above entitled Court, at
22   1200 Aguajito Road, Monterey, California Plaintiffs will present this Application for Ex Parte
23   Order seeking relief from default of untimely posting jury fees and waiver of jury trial herein
24   based upon all of the facts hereinabove recited. Declarant has successfully notified lead and
25   assistant opposing counsel for Defendant of Plaintiffs’ intention to file this Motion and has
26   inquired as to whether Defense counsel would stipulate to such relief or oppose same. Defense
27   counsel responded by informing Declarant that while she was not authorized to stipulate to such
28   an order that she would not oppose such an Application. Declarant provided copies of this

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 1   Application and Points and Authorities via e-mail to lead counsel for Defendant, Barbara
 2   Mandell, at her correct e-mail address which she has regularly used to communicate with
 3   Declarant and his co-counsel contemporaneously with filing of this Application and supporting
 4   papers. Said papers were e-mailed to barbara@mandellfirm.com and
 5   matthew@mandelfirm.com., the attorneys representing Defendant. Based upon the above
 6   communications, no opposition is expected. (California Rules of Court 3.1203-3.1204.)
 7          I declare under penalty of perjury under the laws of the State of California that the
 8   foregoing is true and correct.
 9          Dated: December 30, 2021
10                                                        ______/s/____________
11                                                        David M. Hollingsworth
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