Ricardo Carrion vs. Antonio Barragan CobianMotion - OtherCal. Super. - 4th Dist.November 9, 201710 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Irene C. Messina, Esq. SBN 130736 CHAVEZ LEGAL GROUP Physical Address: 333 South Anita Drive, Suite 625 Orange, CA 92868 Mailing Address: 11900 North 26th St., Ste. 200 Edinburg, TX 78539 Telephone: (714) 450-1731 Fax: (714) 634-3705 Attorney for Defendant Antonio Barragan Cobian SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO RICARDO CARRION, an individual; Plaintiff, V. ANTONIO BARRAGAN COBIAN,an individual; and DOES 1 through 100, inclusive, Defendants. Case No. 37-2017-00042744-CU-PA-CTL Unlimited : Assigned for all purposesto: Honorable Timothy Taylor Department C-72 NOTICE OF MOTION AND MOTION FORAN ORDER PERMITTING LATE EXPERT DESIGNATION; DECLARATION OF IRENE C. MESSINA; [Proposed] Order Filed Concurrently Herewith [Proposed] Expert Designation - Complaint Filed: 11/9/2017 Trial Date: 1/18/2019 Date: December 14, 2018 Time: 1:30 p.m. Dept: C-72 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: -1- MOTION FORAN ORDER PERMITTING LATE EXPERT DESIGNATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE TAKE NOTICE that on December 14, 2018at 1:30 p.m., or as soon thereafter as the matter may be heard, in Department C-72 ofthe above entitled Court, 333 West Broadway, San Diego, California, 92101, Defendant ANTONIO BARRAGAN COBIAN (hereinafter “Defendant”) will and hereby does move the Court pursuant to California Code of Civil Procedure sections §§2034.710 and 2034.720, for an order to permit defendant’s late designation of experts in this matter. This motion is based upon this application, the accompanying Memorandum ofPoints and Authorities, Declaration of Irene C. Messina, the proposed Order lodged concurrently herewith, the documents on file in this action, and upon further evidence as may be requested and/or presented at the hearing of the matter. DATED: November 13, 2018 CHAVEZ LEGAL GROUP, Irene C. Messina, Esq. Attorney for Defendant Antonio Barragan Cobian 2- MOTION FOR AN ORDER PERMITTING LATE EXPERT DESIGNATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES L INTRODUCTION By way ofthis motion, defendant, Antonio Barragan Cobian, seeks an order from the Court to permit the tardy designation of defendant’s expert witnesses. This application is based upon California Code of Civil Procedure §§2034.710 and 2034.720 and due to defense counsel’s inadvertent mistake in calendaring the exchange date. IL CASE SUMMARYAND PROCEDURAL HISTORY On September 12, 2016, there was a two-vehicle accident which took place on I-5 in San Diego county. Plaintiff filed his complaint for damages on November 8, 2017; served defendant by substituted service on December 26, 20017 and due to the failure of defendant to respond, a Request for Entry of Default was taken on February 14, 2018. This Default was set aside by means of a Stipulation filed with the Court on April 2, 2018. As the Case Management Conference of April 20, 2018, the Court set the trial date, the trial readiness date and the expert exchanges. As more fully set forth in the attached declaration of Irene C. Messina, the Court set the first exchange date as October 19, 2018. Due to an inadvertent mistake by defense counsel this date was calendared as October 26, 2016. IIL. THE COURT HAS THE POWER TOALLOWA MOTION TO SUBMIT TARDY EXPERT WITNESS INFORMATION California Code ofCivil Procedure §2034.710(a) states, in pertinent part: (a) On motion of any party who has failed to submit expert witness information on the date specified . . . the court may grant leave to submit that information at a later date”. California Code ofCivil Procedure §2034.710(b) provides: 3- MOTION FOR AN ORDER PERMITTING LATE EXPERT DESIGNATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) A motion under subdivision (a) shall be made a sufficient time in advance of the time limit for the completion of discovery . .. to permit the deposition of any expert to whom the motion relates to be taken within that time limit.” In the instant matter, the Court has set December 28, 2018 as the cut-off date for discovery and defendant will make his experts available for discovery immediately. IV. WHEN LEAVE TO SUBMIT TARDY EXPERT WITNESS INFORMATION MAY BE GRANTED California Code of Civil Procedure §2034.720 sets forth the conditions a moving party needs to satisfy: (a) The court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses. (b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party’s action or defense on the merits. (c) The court has determined that the moving party did all of the following: (1) Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect. | (2) Sought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect. (3) Promptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action. (d) The order is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial for a reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion.” Moving party addresses each of these conditions as follows: 4- MOTION FOR AN ORDER PERMITTING LATE EXPERT DESIGNATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) The court has taken into account the extent to which the opposing party has relied on the absence ofa list of expert witnesses. One court day after the designation date, October 22, 2018, Defendant requested plaintiff’s counsel to accept a late designation (see declaration of Irene Messina 99 6 -8. This was a very short period of time and it seems unlikely that plaintiff would have placed any reliance on the absence of a list. (b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party’s action or defense on the merits. Plaintiff will not be prejudiced by the tardy submission of defense experts even if the experts will give testimony that will contradict plaintiff’s experts. “A party is not "prejudiced" simply because the new expert will give testimony adverse to the party”. Dickison v. Howen, 220 Cal. App. 3d 1471, 1479. It is also not unreasonable to assume that the plaintiff would have expected to receive defendant’s expert list as expert exchanges are commonplace in personal injury litigation. At the time Defense Counsel first filed the Ex Parte Motion in this matter, Defense Counsel had not yet seen the list ofthe plaintiff’s experts.; it arrived in defense counsel’s office the day after the hearing. Plaintiff has not been prejudiced in any manner. (¢) The court has determined that the moving party did all of the following: (1) Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect. As set forth in the attached declaration of Irene C. Messina, the date of the exchange was calendared for October 26, 2018 not October 19, 2018 due to a mistake. (2) Sought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect. As set forth in the attached declaration of Irene C. Messina, it was learned the following Monday, October 22, 2018,the very next court date, that the date had been missed. It was requested of plaintiffs counsel to accept the designation on October 22, but that request was declined. (3) Promptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action. -5- MOTION FOR AN ORDER PERMITTING LATE EXPERT DESIGNATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A true and correct copy of Defendant’s, [proposed] expert designation was served on Plaintiff’s counsel on October 26, 2018 and is attached to the declaration of Irene C. Messina. | (d) The order is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial fora reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion.” Defendant will make their experts available as immediately as possible. V. THERE IS A STRONG PUBLIC POLICY IN FAVOR OF DECIDING CASES ON THEIR MERITS Withoutthe ability to put on trial testimony of his expert witnesses, defendant will be greatly prejudiced as it will effectively prevent him from fully defending the case on the merits. It is well established policy in California in favor oftrial on the merits. Salas v. Sears, 41 Cal. App.2d 342, 347. Defendant’sfailure to timely designate his experts, is a procedural deficiency and “there is a strong policy against disposing of cases on procedural deficiencies rather than trying cases on the merits. Thatcher v. Lucky Stores, Inc. 79 Cal. App 4M 1081, 1085. VI. THE COURT SHOULD GRANT THIS MOTION AS MOVING PARTY HAS MET ITS BURDEN Defendant has met his burden as set forth above and in the declaration of Irene Messina and, therefore, respectfully requests that this motion be granted and defendant be allowed to submit his expert designation tardy. -6- MOTION FOR AN ORDER PERMITTING LATE EXPERT DESIGNATION 10 1 12 13 14 15 16 17 18 19 20 21 22 23 2 25 26 27 28 Respectfully Submitted, DATED: November 13,2018 CHAVEZ LEGAL GROUP, SN—" Trene CXMessina, Esq. Attorney for Defendant Antonio Barragan Cobian -7- MOTION FOR AN ORDER PERMITTING LATE EXPERT DESIGNATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF IRENE C. MESSINA I, Irene C. Messina, declare as follows: 1. I am an attorney licensed to practice law before all the Courts ofthe State of California and I am an attorney at the law firm of CHAVEZ LEGAL GROUP, attorneys for Defendant Antonio Barragan Cobian. I am the attorney responsible for the handling ofthis file at my firm and ifcalled as a witness I could and would testify competently to the following facts and circumstances. 2. This declaration is prepared in support of Defendant’s Motion and Order to Permit the Tardy Submission of his Expert Designation. 3. At the Case Management Conference of April 20, 2018, the Court set the First Exchange date as Friday, October 19, 2018. 4. Due to an inadvertent mistake on your declarant’s part, the date was calendared as Friday, October 26, 2018, one week later. This incorrect date was then picked up by my legal assistant 5. Due to my assistant not having the correct date, the wrong date was entered into the office calendar. 6. On October 22, 2018, during a phone call with Shabnam Saran, associate attorney at the Century Park law Group, it was mentioned that they had served their designation on Friday, October 19, 2018. 7. Your declarant met and conferred with plaintiff’s counsel as follows: After the call ended, your declarant checked her calendar and realized the date was calendared as October 26, 2018. 8. Attorney Shabnam Sarani was called shortly thereafterto request a late designation — which was not granted. Attorney Shabnam Sarani confirmed this via an email on the morning of October 22,2018. A true and correct copy is attached hereto as ExhibitA. 9. On October 26, 2018 defendants [proposed] expert designation was served on plaintiff’s counsel. A true and correct copy is attached hereto as Exhibit B. 10. The Court has set the cut-off for all discovery and motions for December 28, 2018. The date of this Motion is December 14, 2018. Defendant will make his experts available for deposition prior to the December 28, 2018 deadline. -8- MOTION FOR AN ORDER PERMITTING LATE EXPERT DESIGNATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. The missed date was not due to an intentional act or trial strategy by defendant; it was an inadvertent mistake. 13. Ideclare under penalty of perjury that the foregoing is true and correct. Executed this 13% day of November, 2018, at Orange, California. eo RENE C. MESSINA, ESQ 9. MOTION FORAN ORDER PERMITTING LATE EXPERT DESIGNATION [PROPOSED] ORDER Upon considering the merits of Defendant’s Motion for. an Order Permitting Late Expert Designation of Expert Witnesses, the oral arguments presented at hearing on the matter and good 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cause appearing, Defendant’s Application is hereby granted. Dated: Defendantis ordered to give Notice of the Court’s Ruling. IT IS SO ORDERED. Judge of the Superior Court -10- | MOTION FOR AN ORDER PERMITTING LATE EXPERT DESIGNATION 10 11 12 13 14 15 16 17 | 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE (C.C.P. Section 1013a(3)) STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE ) I am over the age of 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing took place. My residence or business address is 333 South Anita Drive, Suite 625, Orange, California 92868. id On November 13; 2018, I mailed from Orange, California the following documents: MOTION FORAN ORDER PERMITTING LATE EXPERT DESIGNATION; DECLARATION OF IRENE C. MESSINA; [PROPOSED ORDER] I served the documents on the person or persons below as follows: Robert L. Booker,II, Esq. Attorneys for Plaintiff, Ricardo Carrion Shabnam Sarani, Esq. CENTURY PARK LAW GROUP, APLC Felephone:58505,2 864 S. Robertson Blvd., 3Floor : Los Angeles, CA 90035 (0) BY PERSONAL SERVICE I personally delivered the documentsto the persons at The addresseslisted. (X) BY MAIL enclosed the documents in a sealed envelope or package addressed to persons listed by placing the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business practice for collecting and processing correspondence for mailing. On the same day that correspondenceis placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 0) BY FAX] faxed the documents to the persons at the fax numbers listed. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out,is attached. O OVERNIGHT DELIVERY I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresseslisted. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box. (0) BY ELECTRONIC SERVICEI caused the documents to be sent to the persons at the electronic service listed.0) On November 3. 2018,the envelope or package was placed in the mail at Orange, California. Helen Jo Godfey oo -11- MOTION FORAN ORDER PERMITTING LATE EXPERT DESIGNATION EXHIBIT A 10/26/2018 Mall - Irene.messina@fredloya.com Carrion v. Cobian - 17137 Shabnam Sarani Mon 10/22/2018 2:21 PM To:Irene Corcoran Messina ; CcRobert Booker ; Alda Vailu'u ; RICARDOCARRIONZ633191@projects.filevine.com ; Good Afternoon Ms. Messina, As per ourtelephonic conversation, yourclient did not timely designate experts and we are not _ willing to stipulate to allow yourclient a belated expert designation. You informed me you would be filing a motion forrelief with the court, as the date was calendared incorrectly. Regardless we are open to discuss potential resolution of this matter. | can be reached at 888-203-1422. Shabnam Sarani, Esq. ’ Associate Attorney at Century Park Law Group T. 888.203.1422 e F. 888.203.1424 « shabnam@cplglaw.com e 864 S. Robertson Blvd., 3rd Fl., Los Angeles, CA 90035 e INJURY www.cplg.law . LAWYERS This message contains information that may be confidential and privileged. Unless you are the addressee (or authorized to receive for the addressee), you are prohibited from using, copying or disclosing, to anyone, this message or any information contained in this message. If you have received this message in error, please contact the sender immediately at (888) 203-1422 and delete all copies of this message. https /loutiook.office.com/owa/?realm=fredioya. comé&path=/mail/inbox 1M EXHIBIT B 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Irene C. Messina, Esq. SBN 130736 CHAVEZ LEGAL GROUP Physical Address: 333 South Anita Drive, Suite 625 Orange, CA 92868 Mailing Address: 11900 North 26th St., Ste. 200 Edinburg, TX 78539 Telephone: (714) 450-1731 Fax: (714) 634-3705 Attorney for Defendant Antonio Barragan Cobian SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO RICARDO CARRION,an individual; Case No. 37-2017-00042744-CU-PA-CTL Unlimited Plaintiff, Assigned for all purposes to: v. : Honorable Timothy Taylor Department C-72 ANTONIO BARRAGAN COBIAN,an individual; and DOES1 through 100, inclusive, DEFENDANT, ANTONIO BARRAGAN : DEFENDANT’S WRITTEN EXCHANGE Defendants. OF REQUIRED EXPERT WITNESS INFORMATION [C.C.P. §§ 2034.210 and 2034.260] AND EXPERT WITNESS DECLARATION [C.C.P. § 2034.260(c)] [PROPOSED] Complaint Filed: 11/9/2017 Trial Date: 1/18/2019 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:The name and address of each person whose expert opinion Defendant, ANTONIOBARRAGAN COBIANexpectto offer in evidence at Trial are:RETAINED EXPERT WITNESSES‘wlDEF. WRITTEN EXCHANGE OFREQUIRED EXPERTWITNESS INFORMATION Woy i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Dr. Raymond C. Vance, 3737 Moraga Drive, Ste. A106, San Diego, CA (858) 270-8199 2. Bryan Randles, Biomechanical Research and Testing, 2201 North Lakewood Blvd, Suite 1865, Long Beach, CA 90815 (562) 494-4407 NON-RETAINED EXPERT WITNESSES None at this time Defendant reserves the rightto utilize any and all experts selected by other parties herein and additionally reserve the right to contact and utilize further expert witnesses up to and including the time oftrial. If such experts are determined to be potential trial witnesses, notification will be given pursuant to California Code of Civil Procedure, Section 2034.210. Defendantalso reserves the right to call any rebuttal experts on the issues which have not been disclosed by discovery to date. Defendant further reserves the right to designate further expert witnesses priorto trial pursuant to California Code of Civil Procedure Section 2034.210. DATED: October 26, 2018 CHAVEZ L L GROUUP Irene C. Messina, Esq. Co Attorneys for Defendant ANTONIO BARRAGAN COBIAN 2- DEF. WRITTEN EXCHANGE OF REQUIRED EXPERT WITNESS INFORMATION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF IRENE C. MESSINA I, IRENE C. MESINA,ESQ., declare as follows: 1. That I am an attorney licensed to practice in California and a member of the firm of Chavez Legal Group, attorneys for Defendant ANTONIO BARRAGAN COBIAN.If called as a witness, I could and would competently testify under oath to the following facts which are personally known to me. 2. (a) Dr. Raymond Vance is an orthopedic surgeon. A copy of his CV attached hereto as Exhibit “A”. (b) Dr. Vance is expected to give testimony regarding the orthopedic injuries allegedly sustained by Plaintiffs LUKE ‘GONZALES and BEN CONDER including nature and extent, reasonableness and necessity of treatment, reasonableness of the attendant charges, and potential requirements for future care, causation to the subject accident, the cost of the Plaintiffs’ treatment, the reasonableness of said costs, whether the mechanism of Plaintiff’s injuries was the subject accident, and any other medical related issues, including diagnosis and prognosis relating to the Plaintiffs, Additionally, Dr. Vance will offer opinions about the methodology and conclusions of other experts to the extent his/her/their work are within Dr. Vance’s field of expertise. Dr. Vance will base his testimony on his training, the exam of Plaintiffs if such as occurred, knowledge and experience as an orthopedic surgeon and review of the medical records provided to him. (c) Dr. Vance has agreed to testify at trial and will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning his specific testimony, the opinions he is expected to give at trial and the basis for those opinions. 3 DEF. WRITTEN EXCHANGE OFREQUIRED EXPERT WITNESS INFORMATION 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) Dr. Vance's fee for deposition is $1,000 per hour at his office. Dr. Vance has a 48 hour cancelation policy on deposition. 3. (a) Bryan C. Randles is a Biomechanical Engineer / Accident Reconstructionist. A copy of his CV is attached hereto as Exhibit B. (b) Mr. Randlesis expected to give testimony regarding his examination of the plaintiff’ property damage, Defendants’ property damage, reconstruction and biomechanical analysis of the subject accident involving the parties vehicles, his review of the plaintiffs’ property damage photographs, repair estimates, plaintiffs’ alleged injuries, medical treatment and the parties statements regarding the ocoureance of the subject accident provided in deposition testimony and written discovery responses. (©) Mr. Randles has agreed to testify at trial and will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning his specific testimony, the opinionshe is expected to give at trial and the basis for those opinions. (d) Mr. Randles’ fee for deposition is $650 per hour at his office. I declare under penalty of perjury under the laws of the State of California that this Declaration is true and correct of my own personal knowledge except as to matters stated to be based upon information and belief, and as to such matters I am informed and believe that they are true and correct. Executed this 26" day of October, 2018 at Orange, California. J ¢ C. Messina 4 DEF. WRITTEN EXCHANGE OF REQUIRED EXPERT WITNESS INFORMATION | 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE (C.C.P. Section 1013a(3)) STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I am over the age of 18 years of age and not a party to this action. I am a resident of or employed in the county where the mailing took place. —_— Myresidence or business address is 333 South Anita Drive, Suite 625, Orange, California On October 26, 2018, I mailed from Orange, California the following documents: DEFENDANT'S WRITTEN EXCHANGE OF REQUIRED EXPERT WITNESS INFORMATION [C.C.P. §§ 2034.210 and 2034.260] AND EXPERT WITNESS DECLARATION [C.C.P.§ 2034.260(c)] [PROPOSED] I served the documents on the personor persons below as follows: Robert L. Booker, II, Esq. - Attorneysfor Plaintiff, Ricardo Carrion Shabnam Sarani, Esq. CENTURYPARK LAW GROUP, APLC Telephone: (888) 203-1422 864 S. Robertson Blvd., 3Floor Facsimile: (388) 203-1424 Los Angeles, CA 90035 () BYPERSONAL SERVICE I personally delivered the documents to the persons at The addresses listed. | (X) BY MAIL I enclosed the documents in a sealed envelope or package addressed to persons listed by placing the envelope for collection and mailing, following our ordinary business practices. Iam readily familiar with this business practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing,it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 0 BYFAX I faxed the documents to the persons at the fax numbers listed. No error was reported by the fax machine that I used. A copy ofthe record ofthe fax transmission, which I printed out, is attached, 0 OVERNIGHT DELIVERYI enclosed the documents in an envelope or package provided oy an overnight delivery carrier and addressed to the persons at the addresses listed. I placed theenvelope or package for collection and overnight delivery at an office or a regularly utilized drop box. () BYELECTRONIC SERVICE I caused the documents to be sentto the persons at the electronic service listed. On October 26, 2018, the envelope or package was placedin the mail at Orange, California, : : Helen Jo Gdiky J : -5- oo DEF. WRITTEN EXCHANGE OF REQUIRED EXPERT WITNESS INFORMATION . EXHIBIT A 10/28/2018 14:21 FAX NAME: OFFICE ADDRESS: BIRTHPLACE: BIRTHDATE: TAX 1D#: COLLEGE: MEDICAL SCHOOL: INTERNSHIP; RESIDENCY: LICENSURE: BOARD OF MEDICAL EXAMINERS: AMERICAN BOARD OF ORTHOPEDIC SURGEONS! CURRICULUM VITAE Raymond Vance, M.D, 3737 Moraga Ave., Sulte A106 San Diego, CA 92117 Phone: 858-270-4420 Fax: 858-270-8199 Johnstown, Pennsylvania 1 September 1948 95-3063416 (In the name of Richard Greenfield, M.D.) Georgetown University 37" and O Streets Washington, P.C, 20007 'B.S.=~Blology, 1970, Magna Cum Laude University of Pennsylvania School of Medicine Hamliton Walk Philadelphia, Pannsylvania 19104 M.D,—-1974 University of Callfornla, San Diego Department of Surgery Stralght Surgery—1974-1975 University of California, San Dlego Orthopedic Surgery—1975-1979 California—G30115 7/1/75~Certiflcate No, 145565 1980 W '_~ RAYMOND M. VANCE, M.D.: 10/23/2018 14:21 FAX — OFFICES MISSION BAY HOSPITAL: Phi Beta Kappa—~Georgetown University, 1969. American Omega Alpha—Unlv. of Pennsylvania, 1973 San Diego County Medical Soclety California Medlcal Association California Orthopedic Association Chalrman, Patient Care Evaluation Comm,, 1981 Chairman, Patient Care Evaluation Cornm., 1982 Chief of Orthopedics, 1982 Vice-Chlef of Staff, 1983 Chief of Orthopedics, 1983 Chairman, Patient Care Evaluation Comm., 1983 Chief of Dept. of Surgery, 1985 Chlef of Staff, 1986 Chief of Orthopedics, 1990 Chief of Surgery, 1996 10/23/2018 "©‘RAYMOND M. VANCE, M.D. 14:21 FAX ~ PRESENTATIONS: 1. 4 5. 6. “The Technique of Forearm Fasclotomy” to the Compartment Syndrome Symposium sponsored by the Bone and Joint Disease Foundation, Islandia Hotel, San Diego, California, November 10, 1978. "Glant Cell Tumors of the Talus”to the American Orthopedic Foot Soclaty, Ninth Annual Meeting, Larkin Mall, Civic Center, San Francisco, California, February 21, 1979. "Dupuytren’s Contracture—An Electron Microscopic, Blochemical, and Clinical Correlative Study” to the Twelfth Annual American Orthopedic Association Resident’s Conference, J. Wayne Reltz Union, University of Florida, Gainesville, Florida, Aprll 7, 1979, and to the Orthopedic Research Society, Georgla World Congress Center, Atlanta, Georgla, February 5, 1980. “Pitfalls of the Pavlik Harness” to Pediatric Orthopedic Study Group, Seattle, Washington, May 10, 1979. “Perilunate Dislocations of the Wrist and the Scaphocapltete Fracture Syndrome” to the Course on Hand and Wrist Trauma sponsored by the Bone and Joint Foundation, Vacation Village Hotel, San Diego, California, December 7, 1979. “The Pathogenesis of Dupuytren’s Contracture” to the American Soclety for Surgery of the Hand, Annual Meeting, the Peach Tree Plaza, Atlanta, Georgla, February 6, 1980. 10/23/2018 14:22 FAX RAYMOND M: VANCE, M.D.: - PUBLICATIONS: 1. Vance, Raymond M,, and Gelberman, Richard H.: Acute Ulnar Neuropathy with Fractures of the Wrist, JournalandSurgery, 60-A, 962- 965, October 1978. 2. Gelberman, Richard H.; Vance, Raymond M.; and Zakalb, George S.: Fractures at the Base of the Thumb: Treatment with Oblique Traction. , 61-A, 260-262, March 1979. + 3. Vance, Raymond M.; Gelberman, Richard H.; and Braun, Richard M.: Chronic Bilateral Scapholunate Dissoclation Without Symptoms. of Suraery, Vol. 4, No. 2; 178-180, March 1979. 4. Golbranson, Frank; Lurie, Louls; Vance, Raymond M.; and Vandell, Ronald F.: Multiple Extremity Amputations ‘In Flypotensive Patients Treated with Dopamine. Journa erica sociation, Vol. 243, No. 11: 1145-1149, March 21, 1580, 5. Vance, Raymond M.; Gelberman, Richard H.; Scapholunate Fractures—Patterns of Dislocation, Mechanism of Injury and Preliminary Results of Treatment. Journala dSurgery, Vol. 62- A: 271-276, March 15, 1980. 6. Gelberman, Richard H.; Amiel, David; Rudolph, Ross M.; and Vance, Raymond M.: Dupuytren’s Contracture—An Electronic Microscopic, —~ Blochemical and Clinical Correlativa Study, i Surgery, Vol. 62-A: 426-432, April 1980. Glant Cell Tumor and7. Malawer, Martin M., and Vance, Raymond M.: Anéurysmal Bone Cyst of the Talus—Clinicopathological Review and Two Cese Reports. andAnkle, Vol, 1, No. 4: 235-244, 1981 8. Mubarak, Scott; Garfln, Steve; Vance, Raymond M.; McKinnon, Bert; and Sutherland, David: Pitfalls in the Use of the Pavlik Harness for Treatment of Conganital Dysplasia, Subluxation and Dislocation of the Hip. Journal f . r, Vol. 63=A, No. 8: 1239-1247, October 1981, and Evang, Earl F.: EXHIBIT B 2201 NORTH LAKEWOOD BLVD, SUITE 1865 « LONG BEACH, CA 90815 » PHONE 562.494.4407 « FAX 562.494.4412 CURRICULUM VITAE Bryan C. Randles Biomechanical Engineer/Accident Reconstructionist Educational Background 2001-2005 University of California, Los Angeles — Westwood, CA Graduate Student.'Biomedical Engineering, Biomechanics Discipline. 2003 California State University, Northridge — Northridge, CA Masters of Science, Kinesiology, Emphasis in Biomechanics Thesis: The development of a linear force plate for the assessment of the coefficient of friction, - 1997 University of Southern California — Los Angeles, CA BachelorofScience, Biomedical Engineering Employment Summary June 2005- Biomechanical Research & Testing, LLC ~ Long Beach, CA Present Biomechanical Engineer and Accident Reconstructionist/Partner Conducts research on the biomechanics, human response and injury potential of vehicular impacts and other activities. Performs fully instrumented tests utilizing human subjects and/or human surrogates. Data collected and analyzéd include accelerations, velocities, displacements, GPS, forces, electromyography and high speed film/video. Has conducted over 1,000 instrumented vehicle Impact tests involving human subjects and/or surrogates for vehicle to vehicle and vehicle to pedestrian impacts. Has evaluated vehicular impact behavior, including various techniques for measuring vehicle crush and the assessmentof vehicle damage, as well as vehicle crash and post-impact dynamics. ‘Has conducted crash tests for various televised programs regarding automotive impacts and occupant response to impact. Conducted research regarding the use of photogrammetry in accident reconstruction.¢ Conducts fully—human subject testing of amusement park attractions. Has tested roller coasters, water rides, go-kart/bumper cars, and additional attractions for purposes of ride evaluation, design and development. Currently serves on the ASTM F- 24 biodynamic testing subcommittee to develop biodynamic standards for testing and evaluation of amusement park rides. Performs biomechanical and accident reconstruction analyses of automotive accidents and various events for purposes of litigation, including impact reconstruction, occupant kinematics, occupant force exposure and injury potential, to BRANDLES@BRTENG.COM « WWW.BRTENG.COM + TAX |.D.: 33-0850823 04/2016 Bryan C. Randles Curriculum Vitae Page 2 June 2009 - 2013 Jan. 1999 - June 2005 Sept. 1998 - Dec. 2000 March 1998 - Dec. 1998 Clark Training Center, Law Enforcement & Public Safety Training Instructor— Traffic Collision Investigation (TC/) - Reconstruction (POSTcertified) Teach a half day course as part of the Advanced Accident Reconstruction training. Topics taught include Airbag-Related Injuries and Pedestrian Accident Reconstruction and Biomechanics. Accident Research and Biomechanics, Inc. — Valencia, CA Research Engineer Responsible for the reconstruction and biomechanical analysis of accidents Involving automobiles, trucks, buses, motorcycles, bicycles and pedestrians. Evaluation of vehicle dynamics, impact severity, injury potential, occupant kinematics and slip and fall accidents. Research Included pedestrian crash testing, pedestrian gait studies, low- speed rear-end volunteer testing, low-speed lateral Impacts using human volunteers, vehicle dynamics of low-speed vehicles and biomechanical analysis of slip and fall. California State University, Northridge ~ Northridge, CA Instructor— DepartmentofKinesiology Taught an undergraduate level, upper division biomechanics lab. Also appeared as a guest lecturer on forensic biomechanics for undergraduate biomechanics class. ) Collision Research and Analysis, Inc. — Torrance, CA Research Engineer . Analysis and reconstruction of automobile, auto-pedestrian,truck, bicycle and motorcycle collisions. Also participated In occupant kinematics analysisas It relates to accident reconstruction, vehicle component testing and visibility testing. Vehicle component testing included static seat pull testing, doorlatch testing, steering wheel and steering column testing andliftgate assembly and latch testing, including design and construction of the test fixture. Continuing Education and Accreditation March 2014 Feb. 2014 Dec. 2013 April 2013 April 2013 Aug. 2011 April 2010 Diversified Technical Systems, Seal Beach, CA User Technical Training Engineering Dynamics Corporation, St. Petersburg, FL HVE Forum FARO, Signal Hill, CA FARO Laser Scanner Training Collision Safety Institute,.ong Beach, CA Crash Data Retrieval (CDR) Technician Level 2 Collision Safety Institute, Long Beach, CA Crash Data Retrieval (CDR) Technician Level 1 ARAS 360°, Montclair, CA ARAS 360 Advanced 3D Computer Diagramming for Crash Reconstruction MacInnis Engineering Associates, Laguna Hills, CA PC-Crash Workshop Bryan C. Randles Curriculum Vitae "Page 3 Jan. 2007 | June 2006 March 2006 Feb. 2006 Dec. 2005 Feb. 2005 Nov. 2004 April 2004 Sept 2001 June 2001 Nov. 2000 Sept. 2000 April 2000 Dec. 1989 Oct. 1899 Aug. 1999 Feb. 1999 ACTAR (Accreditation Commission for Traffic Accident Reconstruction) Full Accreditation as Traffic Accident Reconstructionist (Registration #1761) I-CAR I-CAR Material Damage Training Course Eos Systems, Inc., San Diego, CA PhotoModeler Pro 5 for Collision Reconstruction Diversified Technical Systems, Inc., Long Beach, CA Principals ofDynamic Data Collection CSI Mapping, Yuma, AZ Forensic Mapping Engineering Dynamics, inc., Coconut Grove, FL HVE Forum Eos Systems, Inc., Scottsdale, AZ PhatoModeler Pro § for Collision Reconstruction Association for the Advancement of Automotive Medicine, Tempe, AZ Car Crashes and Occupant Injuries: A Team Approach to Crash Investigation Texas A & M University, Texas Engineering Extension Service, Mesquite, TX Collision Trauma Biomechanics Vetronix Corporation, Santa Barbara, CA Crash Data Retrieval System Training Seminar McHenry Software,inc., Los Angeles, CA 2000 McHenry Accident Reconstruction Seminar and Users’ Conference Macinnis Engineering Associates, Vancouver, BC, Canada Advanced PC-Crash Workshop Veridian Engineering and Air Force Research Lab, Wichita, KS Introductory ATB Class Society of Automotive Engineers, Costa Mesa, CA Accident Reconstruction: State-of-the-Art TOPTEC California Association of Accident Reconstruction Specialists, Concord, CA Speed from Crush Texas A & M University, Texas Engineering Extension Service, Seattle, WA Analysis ofLow Speed Collisions Association for the Advancement of Automotive Medicine, Vancouver, BC, Canada The Biomechanics of Impact and Occupant Protection: Understanding the Limits of Human Tolerance Bryan C. Randles Curriculum Vitae Page 4 Professional Conferences and Seminars Attended May 2016 April 2016 May 2015 Jan. 201 5 June 2014 April 2014 March 2014 May 2013 April 2013 March 2013 June 2012 March 2012 May 2011 May 2010 April 2010 Feb. 2010 June 2009 June 2008 ARC-CSI Crash Conference 2016, Las Vegas, NV Presented by the Accident Reconstruction Network and the Collision Safety Institute Barczyk Biomechanics Institute Crash Conference ~ Lafayette, LA Presented by Barczyk Biomechanics Institute ARC-CS! Crash Conference 2015, Las Vegas, NV ' Prasented by the Accident Reconstruction Network and the Collision Safety Institute CA?RSTraining Conference, Glendora, CA Sponsored by California Association ofAccident Reconstruction Specialists ARC-CS8I Crash Conference 2014, Las Vegas, NV Presented by the Accident Reconstruction Network and the Collision Safety Institute CA?RS Training Conference, Los Angeles, CA Sponsored by California Association ofAccident Reconstruction Specialists SATA! Spring Conference 2014, Laughlin, NV Presented by Southwestern Association of Technical Accident Investigators, Inc. (SATA) ARC-CS| Crash Conference 2013, Las Vegas, NV Presented by the Accident Reconstruction Network and the Collision Safety Institute SAE World Congress 2013, Detroit, Mi Society ofAutomotive Engineers SATA! Spring Conference 2013, Manhattan Beach, CA Presented by Southwestem Association of Technical Accident Investigators, Inc. (SATAI) ARC-CSI Crash Conference 2012, Las Vegas, NV Presented by the Accident Reconstruction Network and the Collision Safety Institute SATAI Spring Conference 2012, Manhattan Beach, CA Presented by Southwestern Association of Technical Accident Investigators, Inc. (SATAI) ARC-CSI Crash Conference 2011, Las Vegas, NV Presented by the Accident Reconstruction Network and the Collision Safety Institute ARC-CSI Crash Conference 2010, Las Vegas, NV Presented by the Accident Reconstruction Network and the Collision Safety Institute SAE World Congress 2010, Detroit, Mt Society ofAutomotive Engineers Investigation and Analysis of Rollover Collisions, Santa Ana, CA Presented by the California Association ofAccident Reconstruction Specialists ARC-CSI Crash Conference 2009, Las Vegas, NV Presented by the Accident Reconstruction Network and the Collision Safety Institute ARC-CS| Crash Conference 2008, Las Vegas, NV Bryan C. Randles Curriculum Vitae Page § Presented by the Accident Reconstruction Network and the Collision Safety Institute May 2008 Risk Management Seminar, Kansas City, MO Presented by the American Public Transportation Association June 2007 ARC-CSI Crash Conference 2007, Las Vegas, NV Presented by the Accident Reconstruction Network and the Collision Safety Institute June 2006 ARC-CSI Crash Conference 2008, Las Vegas, NV Presented by the Accident Reconstruction Network and theCollision Safety Institute June 2005 ARC-CSI CrashConference 2005, Las Vegas, NV . Presented by the Accident Reconstruction Network and the Collision Safety Institute June 2004 ARC-CSI Crash Conference 2004, Las Vegas, NV Presented by the Accident Reconstruction Network and the Collision Safety Institute March 2004 SAE World Congress 2004, Detroit, MI Society ofAutomotive Engineers Oct. 2003 CARSvs Bikes, Anaheim, CA Presented by the California Association ofAccident Reconstruction Specialists June 2003 ARC-C8I Crash Conference 2003, Las Vegas, NV. Presented by the Accident Reconstruction Network and the Collision Safely.Institute April 2003 Southern California Conference on Biomechanics, Pepperdine University, Malibu, CA Sponsored by the American Society ofBlomechanics March 2003 SAE World Congress 2003, Detroit, MI Society ofAutomotive Engineers - Sept. 2002 Southern California Tissue Engineering Symposium, Los Angeles, CA Sponsored by Baxter Biosciences and the UCLA Biomedical Engineering Society March 2002 SAE World Congress 2002, Detroit, Ml Society ofAutomotive Engineers Aug. 2001 25" Annual Meeting of the American Society of Biomechanics, San Diego, CA March 2001 SAE World Congress 2001, Detroit, MI . Society ofAutomotive Engineers Oct. 2000 CARS Training Conference, Concord, CA Sponsored by California Association ofAccident Reconstruction Specialists June 2000 Vehicle Safety 2000, London, England Institution of Mechanical Engineers (IMechE) April 2000 Southern California Conference on Biomechanics, USC, Los Angeles, CA Sponsored by the American Society ofBiomechanics March 2000 Mastering the Art of Digital Video, Burbank, CA Sponsored by Adobe Systems, Pinnacle Systems, Compaq and Microsoft Bryan C. Randles Curriculum Vitae Page 6 ‘Going Back to the Back” New Approaches to Disorders of the Spine, Northridge, CAMarch 2000 California State University, Northridge, Center for Sports Medicine Clinical Seminars Feb. 2000 Motorsports Safety — Presented by John Melvin, Ph.D., San Luis Obispo, CA ’ Sponsored by the Society ofAutomotive Engineers Jan. 2000 TransportationResearch Board 79th Annual Meeting, Washington, D.C. Dec. 1999 Accident Reconstruction: State-of-the-Art TOPTEC, Costa Mesa, CA Sponsored by the Saciety ofAutomotive Engineers Oct. 1999 43rd Stapp Car Crash Conference, San Diego, CA Oct. 1999 CARS Annual Conference, Concord, CA Sponsored by California Association ofAccident Reconstruction Specialists April 1999 Southern California Conference on Biomechanics, Cal. Poly., Pomona, CA Sponsored by the American Society of Biomechanics . Feb. 1999 World Congress on Whiplash-Associated Disorders, Vancouver, BC, Canada Traffic Safety and Auto Engineening Stream Professional Affiliations Accreditation Commission for Traffic Accident Reconstruction (ACTAR) Society of Automotive Engineers California Assoclation of Accident Reconstruction Specialists ‘American Society for Testing and Materials Presentations and Publications Vandiver, W., Anderson, R., Ikram, |., Randles, B. and Furbish, C. “Analysis of crash data from a 2012 Kia Soul data recorder,” SAE Technical Paper 2015-01-1445. Randles, B., Voss, D., Ikram, |., Furbish, C., Welcher, J. and Szabo, T. “Acceleration Testing and Modeling of Vehicle Kinematics Under Idle Conditions,” SAE Technical Paper 2014-01-0484, doi:10.4271/2014-01-0484. Vandiver, W., lkram, I., Randles, B.,"Validation and Use of EDR Data from a Non-CDR Supported Vehicle in a Criminal Prosecution,”, Collision Magazine, Volume 8, Issue 1, Spring 201 3. Vandiver, W., Ikram, |., and Randles, B., "Accuracy of Pre-Crash Speed Recorded in 2009 Mitsubishi Lancer Event Data Recorders," SAE Technical Paper 2013-01-1263, 2013, doi:10.4271/2013-01-1263. . Randles, B., Jones, B., Welcher, J., Szabo, T., Elliott, D. and MacAdams, C., "The Accuracy of Photogrammetry vs. Hands-on Measurement Techniques used in Accident Reconstruction," SAE Technical Paper 2010-01-0065, 2010, doi:10.4271/2010-01-00685. Randles, B. Accident Reconstruction and Biomechanical Issuesin the Transit Industry (Presentation). Amercian Public Transportation Association. Kansas City, MO, May 2008. Randles, B. Mechanismsof airbag induced injuries (Presentation). ARC-CS| Crash Conference. Las Vegas, NV, June 2007. Bryan C. Randles Curriculum Vitae : : Page 7 Randles, B. Analysis of Curb Impacts (Presentation). ARC-CSI Crash Conference. Las Vegas, NV,June 2008. . Long, T., Fugger, T. and Randles, B., “Vehicle performance characteristics and seat belt effectiveness in low speed vehicles and golf cars.” Enhanced Safety of Vehicles 05-0431, 2005. Fugger, T., Randles, B., and Eubanks, J., "The Efficacy of Event Data Recorders In Pedestrian-Related Accidents," SAE Technical Paper 2004-01-1185, 2004, doi:10.4271/2004-01-1195, Fugger, T., Randles, B., Welcher, J., and Szabo, T., "Vehicle and Occupant Kinematics in Low-Speed Override/Underride Collisions," SAE Technical Paper 2003-01-0158, 2003, dol: 10.4271/2003-01-0158, Wobrock, J., Fugger, T., Randles, B. and Vrongistinos, K., "Vibrations experienced by wheelchair users while traversing decorative crosswalks.” World Congress of Biomechanics, 2002 Annual Conference Proceedings. . Fugger, T., Randles, B., Wobrock, J., Welcher, J., Voss, D. and Eubanks, J., "Human Occupant Kinematics in Low Speed Side Impacts," SAE Technical Paper 2002-01-0020, 2002, doi:10.4271/2002- 01-0020, : Fugger, T., Randles, B., Wobrock, J., and Eubanks, J., "Pedestrian Throw Kinematics in Forward Projection Collisions," SAE Technical Paper 2002-01-0019, 2002, doi:10.4271/2002-01-0019. Fugger, T., Randles, B., Wobrock, J. and Eubanks, J., “An analysis of pedestrian dummy throw characteristics for forward projection pedestrian collisions (published abstract).” International Research Council on Biomechanics of Impact (IRCOBI), 2001. Randles, B., Fugger, T., Eubanks,J., and Pasanen, E., "Investigation and Analysis of Real-Life Pedestrian Collisions," SAE Technical Paper 2001-01-0171, 2001, dol:10.4271/2001-01-0171. Fugger, T., Randles, B., Wobrock,J., Stein, A., and Whiting, W., "Pedestrian Behaviorat Signal- Controlled Crosswalks," SAE Technical Paper 2001-01-0896, 2001, doi:10.4271/2001-01-0896. Fugger, T., Wobrock, J., Randles, B., Stein, A., and Whiting, W., "Driver Characteristics at Signal- Controlled Intersections," SAE Technical Paper 2001-01-0045, 2001, doi:10.4271/2001-01-0045. Fugger, T., Randles, B., Wobrock, J., Stein, A., and Whiting, W., “Analysis of elderly pedestrian gait and perception/reaction at signal-controlled crosswalk Intersections.” Transportation Research Board, TRB, National Research Council, Washington, D.C., 2001. Randles, B. "Pedestrian motion analysis (Presentation).” California Association of Accident Reconstruction Specialists. Concord, CA, October 2000. Fugger, T., Randles, B., and Eubanks, J., “Comparison of pedestrian accident reconstruction models to experimental test data for wrap trajectories.” IMechE Conference Transactions 2000-2, C567/031/2000, 2000. Fugger, T., Randles, B., Stein, A., Whiting, W., and Gallagher, B., "Analysis of pedestrian gait and perception/reaction at signal-controlled crosswalk intersections.” Transportation Research Record 1705, TRB, National Research Council, Washington, D.C., 2000, Fugger, T. and Randles, B.,'Forensic aspects of pedestrian accident reconstruction (Presentation).” Society of Forensic Engineers and Scientists. Big Sur, CA, January 2000. Bryan C. Randles Curriculum Vitae : Page 8 Awards and Recognitions Dean's Scholarship Award, University of Southern California, 1992. 2000 Outstanding Paper Award from the Transportation Research Board Committee on Pedestrians A3B04 at the 79" Transportation Research Board Annual Meeting.
