Opposition_to_plaintiffs_ex_parte_to_exclude_motions_in_limineMotionCal. Super. - 2nd Dist.November 2, 2017Electronically FILED by Superigf Court of California, County of Los Angeles on 02/11/2019 07:55 AM Sherri R. Carter, Executive Officer/Clerk of Court, by D. Ramos,Deputy Clerk 1 || George E. Peterson, Esq., Bar No.: 054310 Exempt From Filing Fee Avi Burkwitz, Esq., Bar No.: 217225 Government Code Section 6103 2 || Darren Pang, Esq., Bar No.: 294979 PETERSON - BRADFORD - BURKWITZ 3 || 100 North First Street, Suite 300 Burbank, California 91502 4 11 818.562.5800 5 || Attorneys for Defendant COUNTY OF LOS ANGELES 6 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF LOS ANGELES 11 ALBERT BUSTILLOS, an individual Case No.: BC681793 ~ 12 Assigned to the Honorable: William F. Fahey Eo 1 Plaintiff, [Dept. 69] £2 2 £3 VS. DEFENDANT'S OPPOSITION TO PLAINTIFF'S EX a= 1a PARTE TO EXCLUDE MOTIONS IN LIMINE 5 $ ER COUNTY OF LOS ANGELES and DOES 1 through 522g 15 || 25, inclusive Date: February 11,2019 EC Time: 8:30 am z £8 16 Defendants. Dept... 69 Z25 ge” 17 & Complaint Filed: November 2, 2017 18 Trial Date: March 4, 2019 19 20 Defendant County of Los Angeles, (‘Defendant” or “County”) will and hereby does oppose Plaintiffs’ 21 Ex Parte Application to strike Motions in limine 3, 4 and 5 as follows. oo || og |[ og || 1 os || 7 og II o7 || og || 1 DEFENDANT'S OPPOSITION TO PLAINTIFF'S EX PARTE TO EXCLUDE MOTIONS IN LIMINE n:\files\1957-bustillos (cola)\pleadingsip-oppo to ex parte 2-11-19.docx PE TE RS ON - B RA DF OR D - B UR KW IT Z 10 0 No rt h Fi rs t St re et , Su it e 30 0 Bu rb an k, Ca li fo rn ia 91 50 2 81 8. 56 2. 58 00 © Oo ~N O O O r B A W O N N N R N D N D N D N D NN ND a a a a e s e d e a e a e a a a co N O O Y B A W aa O W N Y " RE E Ww N D A o MEMORANDUM OF POINTS AND AUTHORITIES Plaintiff is doing his best to further the old adage of “wasting the court's time”. In summary, Plaintiff claims that he was not served with defendants Motions in Limine, they were late, if certain documents were not served, and, therefore, they should be stricken. Instead of reacting how any reasonable person would, which would be, at the minimum inquire of defense counsel if in fact they were served or if there was some glitch, Plaintiff's counsel served an ex parte application concurrently with ex parte notice, to strike these motions, perhaps because he does not want to oppose them. This is ridiculous and the court must put a stop tot. On February 2, 2019, Defendant served all of their Motions in Limine on plaintiff. There is email confirmation to this effect, (see Exhibit A.) Defendant did not hear anything further regarding these motions until getting notice at 6:30 PM, February 7, 2019, that an ex parte application would be filed and was already prepared and will go forward on February 11, 2019. The basis of the application was that Defendant supposedly “played games” and did not serve its motions on Plaintiff. However, the motions were indeed served. There is confirmation that Plaintiff's counsel was served by email notice. At no time prior to this application being filed was defendant on notice the plaintiff supposedly did not receive these motions. Plaintiff's counsel had sent numerous emails about many different things regarding depositions and pretrial matters but did not send one email or phone call about a lack of service of defendant's motions. In fact, to make matters worse, Plaintiff's counsel, Mr. Haney objected to depositions of his expert witnesses from going forward the week of February 11, 2019, the very same day of this application, based on the fact he “was in trial”. The irony of this, of course, is that at the same time he cannot attend a deposition, Mr. Haney goes to court with this ex parte application. See exhibit B. The application should be denied and Plaintiff's counsel admonished for wasting the court's time and forcing Defendant to oppose this application. All Plaintiff counsel had to do was say that he did not receive the motions, which he actually already had. Instead, plaintiff is going to court seeking to “strike them" which is not even an appropriate remedy. Ex parte application should only be brought for exurgent circumstances. Is there any reason this matter could not have been addressed in an opposition? Or at the FSC? li in 2 DEFENDANT'S OPPOSITION TO PLAINTIFF'S EX PARTE TO EXCLUDE MOTIONS IN LIMINE ni\files\1957-bustitios (cola)\pleadings\p-oppo to ex parte 2-11-19.docx PE TE RS ON - B R A D F O R D - B UR KW IT Z 10 0 No rt h Fi rs t St re et , Su it e 30 0 Bu rb an k, Ca li fo rn ia 91 50 2 81 8. 56 2. 58 00 © © ~N O O O r B B Ww N D RN ND N D ND ND N D ND NM N N =, 2 a s a a a a a a Qo N O O O o r E O N 2 O o 0 N N O E w NN ~~ oOo DATED: February ____, 2019 PETERSON - BRADFORD - BURKWITZ By: George E. Peterson, Esq. Avi Burkwitz, Esq. Darren Pang, Esq. Attorneys for Defendant COUNTY OF LOS ANGELES 3 DEFENDANT'S OPPOSITION TO PLAINTIFF'S EX PARTE TO EXCLUDE MOTIONS IN LIMINE n:\files\1957-bustiflos (cola)\pleadings\p-oppo to ex parte 2-11-19.docx 2/6/2018 https://platform.onelegal.com/OrderStatus/Details/12742193 CONE LEGAL Order #12742193: eFiling & eServe Submitted: 1/28/2019 8:02 PM PT | Attorney: Darren Pang | Contact: Marisela Tesillo Accepted Court Transaction #19LA00114537 1/27/2019 4:00 PM PT MESSAGE FROM THE COURT CLERK: Accepted Documents Returned (3) Motion in Limine #1-Exclude Promaotion-Related Study Materials (4.5 MB) Order Proposed re MIL#1 (144 KB) Notice of E-Filing Confirmation (45 KB) Your Files (2) Document Title Document Type Pages Status Motion in Limine (#1-Exclude Promotion- Co i , { Motion in L e 1 46 A ted _ Related Study Materials) ; on timin PESHIs Order (Proposed re MIL#1) - Order 4 | Accepted eServe Recipients i Name Emall Status Haney, Steven | shaney@haneyyoung.com Tesillo, Marisela mtesillo@pbblip.com { Not Viewed Case Information Court Los Angeles County, Superior Court of California (Central District) Number BC681793 Title ALBERT BUSTILLOS VS COUNTY OF LOS ANGELES https://platform.onelegal.com/OrderStatus/Details/12742193 1/2 2/6/2019 https://platform.onelegal.com/OrderStatus/Details/12743061 CONE LEGAL Order #12743061: eFiling & eServe Submitted: 1/29/2019 9:35 AM PT | Attorney: Darren Pang | Contact: Marisela Tesillo Accepted Court Transaction #19LA00115603 1/28/2019 4:00 PM PT MESSAGE FROM THE COURT CLERK: Accepted Documents Returned (2) Motion in Limine No. 2-Exclude Alleged Threats to non-party Danny Novak (5.6 MB) Notice of E-Filing Confirmation (45 KB) Your Files (1) | Document Title ; Document Type Pages ; Status ' Motion in Limine (MIL No. 2-Exclude : Alleged Threats to non-party Danny Motion in Limine $47 " Accepted - Novak) ; ; eServe Recipients Name - Email Status ! Haney, Steven : shaney@haneyyoung.com : Darren Pang ; Dpang@pbbllp.com "Not Viewed Case Information Court Los Angeles County, Superior Court of California (Central District) Number BC681793 Title ALBERT BUSTILLOS VS COUNTY OF LOS ANGELES Client Billing Code https://platform.onelegal.com/OrderStatus/Details/1274306 1 1/2 2/6/2019 https://platform.onelegal.com/OrderStatus/Details/12743130 CONE LEGAL: Order #12743130: eFiling & eServe Submitted: 1/29/2019 9:43 AM PT | Attorney: Darren Pang | Contact: Marisela Tesillo Accepted Court Transaction #19LA00115700 2/4/2019 8:31 AM PT MESSAGE FROM THE COURT CLERK: Accepted Documents Returned (2) Order Proposed Order RE: MIL No. 2 (198 KB) Notice of E-Filing Confirmation (44 KB) Your Files (1) Document Title ; Document Type Pages . Status Order (Proposed Order RE: MIL No. 2) | Order 4 | Accepted eServe Recipients Name | 1 Email Status Haney, Steven | shaney@haneyyoung.com : Not Viewed Case Information Court Los Angeles County, Superior Court of California (Central District) Number BC681793 Title ALBERT BUSTILLOS VS COUNTY OF LOS ANGELES Client Billing Code 1957-COLA https://platform.onelegal.com/OrderStatus/Details/12743130 2/6/2019 https://platform.onelegal.com/OrderStatus/Details/ 12743218 CONE LEGAL Order #12743218: eFiling & eServe Submitted: 1/29/2019 9:51 AM PT | Attorney: Darren Pang | Contact; Marisela Tesillo Accepted Court Transaction #19LA00115796 1/28/2019 4.00 PM PT MESSAGE FROM THE COURT CLERK: Accepted i Documents Returned (3) Motion in Limine No. 3-Exclude Evidence of Emotional Distress Arising from Litigation (1.0 MB) Order Proposed Order RE: MIL No. 3 (198 KB) Notice of E-Filing Confirmation (44 KB) Your Files (2) ' Document Title Document Type ‘Pages Status - Motion in Limine (MIL No. 3-Exclude : Accepted Evidence of Emotional Distress Arising Motion in Limine 29 | from Litigation) Order (Proposed Order RE: MIL No. 3) * Order 4 Accepted eServe Recipients Email _ Status Name { Haney, Steven . shaney@haneyyoung.com Not Viewed | Darren Pang - Dpang@pbbllp.com ‘ Not Viewed Case Information Court Los Angeles County, Superior Court of California (Central District) Number BC681793 Title https://platform.onelegal.com/OrderStatus/Details/12743218 1/2 2/6/2019 https://piatform.onelegal.com/OrderStatus/Details/ 12743306 CONE LEGAL Order #12743306: eFiling & eServe Submitted: 1/29/2019 10:01 AM PT | Attorney: Darren Pang | Contact: Marisela Tesillo Accepted Court Transaction #19LA00115938 1/28/2019 4:00 PM PT MESSAGE FROM THE COURT CLERK: Accepted Documents Returned (3) Motion in Limine No. 4-Exclude Alleged surveillance of Plaintiff related to his Attendance at a Motorcycle Club Event (1.0 MB) Order Proposed Order RE: MIL No. 4 (194 KB) Notice of E-Filing Confirmation (44 KB) Your Files (2) TR TARA SGC TWN Document Title Document Type . Pages Status ‘ Motion in Limine (MIL No. 4-Exclude : Alleged surveillance of Plaintiff related to Motion in Limine | 29 Accepted : his Attendance at a Motorcycle Club ! | Event) + Order (Proposed Order RE: MIL No. 4) | Order 4 ; Accepted eServe Recipients : Name | Email Status ; Haney, Steven shaney@haneyyoung.com i Not Viewed : Darren Pang i Dpang@pbbllp.com Not Viewed Case Information Court Los Angeles County, Superior Court of California (Central District) Number https://platform.onelegal.com/OrderStatus/Details/12743308 1/2 2/6/2019 https:/iplatform.onelegal.com/OrderStatus/Details/12743452 CONE LEGAL Order #12743452: eFiling & eServe Submitted: 1/29/2019 10:14 AM PT | Attorney: Darren Pang | Contact; Marisela Tesillo Accepted Court Transaction #19LA00116126 1/28/2019 4:00 PM PT MESSAGE FROM THE COURT CLERK: Accepted Documents Returned (3) Motion in Limine No. 5-Exclude any Prior Settlements Between Defendant and its Employees related to the OCI investigation and Associated Discipline (378 KB) Order Proposed Order RE: MIL No. 5 (200 KB) Notice of E-Filing Confirmation (44 KB) Your Files (2) TAN CY SOMITE ATION Document Title Document Type Pages Status “Motion in Limine (MIL No. 5-Exclude any : Prior Settlements Between Defendant and Co Motio m 10 | "its Employees related to the OCI ofion in Limine | Ascepiad Investigation and Associated Discipline) Order (Proposed Order RE: MIL No. 5) - Order | 4 Accepted eServe Recipients Name . Email : Status Haney, Steven shaney@haneyyoung.com "Not Viewed Darren Pang Dpang@pbblip.com Not Viewed Case Information Court Los Angeles County, Superior Court of California (Central District) Number https://platform.onelegal.com/OrderStatus/Details/ 12743452 1/2 Lynda Kerekesh From: Marisela Tesillo Sent: Wednesday, February 6, 2019 9:58 AM To: shaney@haneyyoung.com; Freddi Lindsey Cc: George E. Peterson; Darren Pang; Lynda Kerekesh Subject: RE: eserve MIL 3, 4 or 5. Attachments: MILS 1-5 Submission.pdf; t-MILO1 - Promotional Exam Materials.pdf; t-MIL0O2 - Threats to Novak.pdf; t-MILO3 - Litigation Stress.pdf; t-MIL04 - Surveillance.pdf; t-MILO5 - Settlements.pdf; p-MILO1-Proposed Order.pdf; p-MILO2-Proposed Order.pdf; p-MIL03- Proposed Order.pdf; p-MIL04-Proposed Order.pdf; p-MILO5-Proposed Order..pdf Good Morning Counsel, Attached, please find Defendant’s MIL 1-5 and Confirmation regarding E-service. Thank you, Marisela X. Tesillo Assistant to Darren Pang, Esq. Bryan Su, Esq. Peterson + Bradford + Burkwitz 100 North First Street, Suite 300 Burbank, CA 91502 (818) 562-5800 ext. 376 (818) 562-5810 Fax mtesillo@pbbllp.com Website: www.pbbllp.com Defense of Medical, Professional, Legal, and Business Litigation E-MAIL CONFIDENTIALITY NOTICE: THE CONTENTS OF THIS E-MAIL MESSAGE AND ANY ATTACHMENTS ARE INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, OR EXEMPT FROM DISCLOSURE UNDER APPLICABLE FEDERAL OR STATE LAW. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THIS MESSAGE HAS BEEN ADDRESSED TO YOU IN ERROR, PLEASE IMMEDIATELY ALERT THE SENDER BY REPLY E- MAIL AND THEN DELETE THIS MESSAGE AND ANY ATTACHMENT(S). IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION OR ANY ATTACHMENT(S) IS STRICTLY PROHIBITED From: Steven Haney Sent: Tuesday, February 05, 2019 7:38 PM To: Darren Pang ; George E. Peterson ; Steven Haney ; Freddi Lindsey Subject: Failure to serve MIL 3,4 or 5. Counsel, | have been eserved your MIL 1 and 2, but not served AT ALL as to MIL 3, 4 or 5. Please send them immediately. Because these MIL's are untimely and WERE NEVER SERVED, please allow this email to serve as notice that I will file an ex parte application on Friday, February 8, 2019 to strike MiL's 3, 4 and 5 on the grounds that these MIL's are (1) untimely, and (2) an improper ex parte communication with the Court given that | have never seen what you filed.. The hearing on the ex parte will take place at 8:30am on February 8, 2019 in Dept. 69 of the LASC, located at 111 N. Hill Street, Los Angeles CA 90012, the Honorable William Fahey presiding. | truly regret that your office continues to play games with serving documents. Please let me know if you intend to oppose this application Thank you. Steve Haney Steven H. Haney Haney & Young LLP 1055 W. 7th St., Ste. 1950 Los Angeles, California 90017 Phone: (213) 228-6505 Facsimile: (213) 228-6501 Email: shaney@haneyyoung.com CONFIDENTIALITY NOTICE: This e-mail transmission and any documents, files or previous-emails attached to it may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments, without reading or saving in any manner. Thank you. fe Sea A Re 3 Soa ee AEE Es SR RET Ra i CE a Simian aati a i SiR SH § Ea Sans bie: ER Hae aSE SALE Sha Ei i Sm ee HR Lh Laan oa LsRS SEE a ¢ Sent Gn i Le FE hE CER RE HEA EE G E id i ibaa ha ix fi SE FERRER Re Ee RE ER Ra SEE Le Pl ; Ded SE 5 7 GERI E RR : pat E MRR ee ee SRE a ERR ee i dy IE SA ee i RR We CRSEI el A a ee SR Sa AE amas ee iE tee Shin ee ERE a ER Le Ah si SR SRR E SiR RE SA eR SR Co REE Rs a Se a Ca a Sms se SEs a a Dh SE Ems BR Ee Se Ll Sm A GR AEE RE SE a Sa HR EE R REAR oN a [i : Sis eR ER Gm e SS ee EE ER Se hi Sam ER e A Eh e Ca Soi ee Raise Rs EE RR s Lam SE Re SRS SENSE RR e ee a e Sova Sh ERA SR Sa Bo a fe N ee G li Vad en Sa REAR ee a HEE Ges ES EETE Slmaeeha hin Si ER TR eS sme a EE RE NE hi Sr ES Fn nm Er fe R BR Sel i RE LE HRT RN RP a De SURGES SE Ln A SEL Soa SER NE La ia nm Ho Bana FES Elum Se ene Si A E Pa sh EERRG RA Sn GE E Si E a Rg Sha Sn La La SEs Ln ae pi a SE : Mees Ea ET Be HE ene Ea Sh H A N E Y & Y O U N G , L L P 1 0 5 5 W E S T S E V E N T H S T R E E T , S u i T e E 1 9 5 0 L D S A N G E L E S , C A L I F O R N I A 9 0 0 1 7 T E L E P H O N E : ( 2 1 3 ) 2 2 8 - 6 5 0 0 F a c s i m m i t e : ( 2 1 3 ) 2 2 8 - 6 5 0 1 Ne 0 9 aN nn A W N N O O R N O B R N BRN N N N N N em Em em Steven H. Haney, SBN 121980 J. Adrian Zamora, SBN 212843 HANEY & YOUNG LLP 1055 West Seventh Street, Suite 1950 Los Angeles, California 30017 Telephone: (213) 228-6500 Facsimile: (213) 228-6501 E-Mail: shaney@haneyyoung.com azamora@haneyyoung.com Attorneys for Plaintiff, ALBERT BUSTILLOS SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ALBERT BUSTILLOS, an individual, CASE NO. BC681793 Plaintiff, OBJECTION TO NOTICE OF TAKING v. DEPOSITION OF PLAINTIFF'S EXPERT COUNTY OF LOS ANGELES; and DOES 1 Date: February 11, 2019 through 25, inclusive Time: 10:00 a.m. Place: 445 S. Figuero Street Defendants. Suite 3700 Los Angeles, CA 90071 Complaint filed: November 2, 2017 Trial Date: March 4, 2019 1 OBJECTION TO TAKING DEPOSITION ON PLAINTIFF'S EXPERT H A N E Y & Y O U N G , L L P 1 0 5 5 W E S T S E V E N T H S T R E E T , S U I T E 1 9 5 0 L . 0 s A N G E L E S , C A L I F O R N I A 9 0 0 1 7 T E L E P H O N E : ( 2 1 3 ) 2 2 8 - 6 5 0 0 F a c s i m i L E : ( 2 1 3 ) 2 2 8 - 6 5 0 1 No 93 aN W r BR W N N N N N N N R N O N O N em em m k l m l m pe d pe ® I AN U A W R N = S&S © ® a9 5 B ® » R D = TO THIS HONORABLE COURT, THE PARTIES, AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that Plaintiff Albert Bustillos and Third Party Witness David Weiner hereby object to the Notice of Deposition served by the Defendants. Plaintiff and Third Party Witness David Weiner object to this notice on the grounds that the counsel of record is scheduled to commence trial on February 11, 2019, and is therefore unavailable for the deposition. As a result, David Weiner will not be produced for deposition on the date stated in the notice. David Weiner will, however, be produced on a mutually agreeable date to be agreed upon by counsel following a meet and confer session. HANEY & YOUNG, LLP Si ctr Steven H. Haney \J Attorney for Plaintiff, ALBERT BUSTILLOS Dated: February +, 2019 2 OBJECTION TO TAKING DEPOSITION ON PLAINTIFF'S EXPERT H O W S OO c e N N Wn 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Albert Bustillos, an individual v. County of Los Angeles; and DOES 1 through 25, inclusive Case No. BC681793 I'am employed in the County of Los Angeles, State of California. Iam over the age of 18 and not a party to the within action. My business address is: 1055 West Seventh Street, Suite 1950, Los Angeles, California 90017. On February 7, 2019 I caused to be served the foregoing document described as OBJECTION TO NOTI( 'E OF TAKING DEPOSITION OF PLAINTIFF'S EXPERT in this action by placing a true copy thereof enclosed in a envelope addressed as follows: George E. Peterson, Esq. Avi Burkwitz, Esq. Darren V. Pang, Esq. PETERSON, BRADFORD, BURKWITZ 100 North First Street, Suite 300 Burbank, CA 91502 Fax: (818) 562-5810 E-mail: dpang@pbbllp.com %) BY MAIL AS FOLLOWS: The envelope was mailed with postage thereon fully prepaid. I'am "readily familiar" with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, Cali- fornia, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date 1s more than one day after service of deposit for mailing in affidavit. BY PERSONAL SERVICE: I caused the above-referenced document(s) to be delivered to the attached list of counsel at the indicated addresses. BY ELECTRONIC MAIL SERVICE: I caused such document to be delivered by electronic mail to the offices of the addressee. BY OVERNIGHT COURIER: I caused the above-referenced document(s) to be delivered to Overnite Express for delivery to the above address(es). BY FACSIMILE MACHINE: The foregoing document was transmitted by facsimile transmission from (213) 228-6501 before 5:00 p.m. on said date and the transmission was reported as complete and without error. O 0 X O Executed on February 7, 2019 at Los Angeles, California. X (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [0 (Federal) I declare that [ am employed in the office of a member of the bar of this court at whose direction the service was made. Alice Song 0 Aa Type or Print Name Signature H A N E Y & Y O U N G , L L P 1 0 5 5 W E S T S E V E N T H S T R E E T , S W T E 1 9 5 0 L O S A N G E L E S , C A L I F O R N I A 9 0 0 1 7 T E L E P H O N E : ( 2 1 3 ) 2 2 8 - 6 5 0 0 F a c s i m i l e : ( 2 1 3 ) 2 2 8 - 6 5 0 1 Lo 0 NN a Wn A W N e s N O N N N N N N N N EE em Em ee Steven H. Haney, SBN 121980 J. Adrian Zamora, SBN 212843 HANEY & YOUNG LLP 1055 West Seventh Street, Suite 1950 Los Angeles, California 90017 Telephone: (213) 228-6500 Facsimile: (213) 228-6501 E-Mail: shaney@haneyyoung.com azamora@haneyyoung.com Attorneys for Plaintiff, ALBERT BUSTILLOS SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ALBERT BUSTILLOS, an individual, CASE NO. BC681793 Plaintiff, OBJECTION TO NOTICE OF TAKING v. DEPOSITION OF PLAINTIFF'S EXPERT COUNTY OF LOS ANGELES; and DOES 1 Date: February 12,2019 through 25, inclusive Time: 10:00 a.m. Place: 2444 Wilshire Blvd Defendants. Suite 300 Santa Monica, CA 90403 Complaint filed: November 2, 2017 Trial Date: March 4, 2019 1 OBJECTION TO TAKING DEPOSITION ON PLAINTIFF'S EXPERT H A N E Y & Y O U N G , L L P 1 0 5 5 W E S T S E V E N T H S T R E E T , S U I T E 1 9 5 0 L o s A N G E L E S , C A L I F O R N I A 9 0 0 1 7 T E L E P H O N E : ( 2 1 3 ) 2 2 8 - 6 5 0 0 F A c s I M I L E : ( 2 1 3 ) 2 2 8 - 6 5 0 1 eo 8 9 O N nn A W N N O O N O R N N N O N O N N E E ew hm em e m ee d e d S N 8 HH R O N R E E T 2 3 a & rR o o m ~ ~ 8B TO THIS HONORABLE COURT, THE PARTIES, AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that Plaintiff Albert Bustillos and Third Party Witness Emil Soorani hereby object to the Notice of Deposition served by the Defendants. Plaintiff and Third Party Witness Emil Soorani object to this notice on the grounds that the counsel of record is scheduled to commence trial on February 11, 2019, and is therefore unavailable for the deposition. As a result, Emil Soorani will not be produced for deposition on the date stated in the notice. Emil Soorani will, however, be produced on a mutually agreeable date to be agreed upon by counsel following a meet and confer session. Dated: February 7 2019 HANEY & YOUNG, LLP hf reg Steven H. Haney C 9 Attorney for Plaintiff, ALBERT BUSTILLOS 2 OBJECTION TO TAKING DEPOSITION ON PLAINTIFF'S EXPERT ~N O N nL nN WwW N D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Albert Bustillos, an individual v. County of Los Angeles; and DOES 1 through 25, inclusive Case No. BC681793 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is: 1055 West Seventh Street, Suite 1950, Los Angeles, California 90017. On February 7, 2019 I caused to be served the foregoing document described as OBJECTION TO NOTICE OF TAKING DEPOSITION OF PLAINTIFF'S EXPERT in this action by placing a true copy thereof enclosed in a envelope addressed as follows: George E. Peterson, Esq. Avi Burkwitz, Esq. Darren V. Pang, Esq. PETERSON, BRADFORD, BURKWITZ 100 North First Street, Suite 300 Burbank, CA 91502 Fax: (818) 562-5810 E-mail: dpang@pbblip.com XI BY MAIL AS FOLLOWS: The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, Cali- fornia, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after service of deposit for mailing in affidavit. BY PERSONAL SERVICE: I caused the above-referenced document(s) to be delivered to the attached list of counsel at the indicated addresses. BY ELECTRONIC MAIL SERVICE: I caused such document to be delivered by electronic mail to the offices of the addressee. BY OVERNIGHT COURIER: I caused the above-referenced document(s) to be delivered to Overnite Express for delivery to the above address(es). BY FACSIMILE MACHINE: The foregoing document was transmitted by facsimile transmission from (213) 228-6501 before 5:00 p.m. on said date and the transmission was reported as complete and without error. O 0 X O Executed on February 7, 2019 at Los Angeles, California. X (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 0 (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made, Alice Song [A Type or Print Name Signature PE TE RS ON - B R A D F O R D - B UR KW IT Z 10 0 No rt h Fi rs t St re et , Su it e 30 0 Bu rb an k, Ca li fo rn ia 91 50 2 81 8. 56 2. 58 00 — © © N N o o o r B w No RN R R R D RN Y NN N D N N N D 2 a a aa a a aA a x Aa co ~ N oOo o r BH Ww NN A O W w o N o O T E E Ww NN s o PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES | am employed in the County of Los Angeles, State of California. | am over the age of 18 and not a party to the within action; my business address is 100 North First Street, Suite 300, Burbank, California 91502. On February 11, 2019, | served the foregoing document described as: DEFENDANT'S OPPOSITION TO PLAINTIFF'S EX PARTE TO EXCLUDE MOTIONS IN LIMINE on interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED MAILING LIST O BY MAIL: | deposited such envelope in the mail at Burbank, California. The envelope was mailed with postage thereon fully prepaid. As follows: | am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Burbank, California in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. a BY FACSIMILE: | served by facsimile a true copy of the above-described document. | am "readily familiar" with this firm's practice of processing correspondence by fax. Under that practice documents are placed in our fax machine and are processed and received simultaneously at their destination. The above-referenced document(s) was placed in the fax machine with all costs of faxing prepaid, directed to each party (using their fax number), listed on the attached Service List. once he document has been transmitted, the fax machine provides a report indicating time of completion. a BY OVERNIGHT EXPRESS MAIL: As follows: | am "readily familiar" with the firm's practice of collection and processing correspondence by Overnight Express mailing. Under that practice it was deposited with the Overnight Express service on that same day with proper postage thereon fully prepaid at Burbank, California in the ordinary course of business. (x BY PERSONAL SERVICE: | delivered such envelope by hand to the addressee. £3) STATE: | declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on February 11, 2019, at Burbank, Califoeni Darren Pand\ CD) 4 DEFENDANT'S OPPOSITION TO PLAINTIFF'S EX PARTE TO EXCLUDE MOTIONS IN LIMINE n:\files\1957-bustillos {cola)\pleadings\p-oppo to ex parte 2-11-19.docx PE TE RS ON - B R A D F O R D - B UR KW IT Z 10 0 No rt h Fi rs t St re et , Su it e 30 0 Bu rb an k, Ca li fo rn ia 91 50 2 81 8. 56 2. 58 00 ww o O o N N O O o o r s w NN — RN ND N D ND ND ND ND ND ND = =a s a a a a a a co N N o O o r A W N 2 O O O YY O O O B E N ~~ oOo SERVICE LIST RE: Bustillos, Albert v. County of Los Angeles, et al. Case No... BC681793 Steven H. Haney, Esq. J. Adrian Zamora, Esq. Haney & Young, LLP 1055 West Seventh Street Suite 1950 Los Angeles CA 90017 T: (213) 228-6500 F: (213) 228-6501 shaney@haneyyoung.com Attorneys for Plaintiff, Albert Bustillos 5 DEFENDANT'S OPPOSITION TO PLAINTIFF'S EX PARTE TO EXCLUDE MOTIONS IN LIMINE n:\files\1957-bustillos (cola)\pleadings\p-oppo to ex parte 2-11-19.docx
