the parties stipulation to continue trial and trial related timelines

Cal. Super. - 1st Dist.August 7, 2020

1 THE PARTIES’ STIPULATION TO CONTINUE THE TRIAL DATE AND TO CONTINUE ALL TRIAL RELATED TIMELINES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Austin S. Haigh, Esq. SBN 276567 RESNICK & LOUIS, P.C. 3350 Shelby Avenue, Suite 200 Ontario, CA 91764 Telephone: 909.458.0110 Facsimile: 909.458.0110 Email: ahaigh@rlattorneys.com Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO CHARLES ARGELANDER, Plaintiff, v. CITY OF SAN FRANCISCO, COUNTY OF SAN FRANCISCO; and DOES 1-25, inclusive; Defendants. _______________________________________ AND ALL RELATED CROSS-ACTIONS. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CGC-18-568764 THE PARTIES’ STIPULATION TO CONTINUE THE TRIAL DATE AND TO CONTINUE ALL TRIAL RELATED TIMELINES Complaint Filed: August 9, 2018 Trial Date: March 2, 2020 TO THE COURT AND ALL PARTIES AND COUNSEL OF RECORD HEREIN: WHEREAS, Plaintiff, CHARLES ARGELANDER (hereinafter “Plaintiff”) filed his Complaint in this matter against Defendants, CITY OF SAN FRANCISCO and COUNTY OF SAN FRANCISCO (hereinafter collectively, “Defendant”) on August 9, 2018; WHEREAS, the Court has set this matter for Trial for March 2, 2020; WHEREAS, there have been no prior trial continuances requested or granted in this matter; /// ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 02/05/2020 Clerk of the Court BY: ERNALYN BURA Deputy Clerk 2 THE PARTIES’ STIPULATION TO CONTINUE THE TRIAL DATE AND TO CONTINUE ALL TRIAL RELATED TIMELINES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Defendant has recently changed counsel from the City Attorney’s Office to the law firm of Resnick & Louis, P.C. The substitution of attorney was filed on December 19, 2019, with the transition and review of all prior pleadings and discovery still in progress. Defendant’s trial counsel currently has a previously continued, one-to-two-week trial scheduled for February 27, 2020 (Los Angeles County Superior Court, Case No. BC713102) for which settlement negotiations have failed and all parties expect trial to commence; WHEREAS, Plaintiff’s trial counsel has trial in Los Angeles Superior Court, Case No. 18STCV06719 in May 2020, and vacation in June 2020, and mediation and trial preparation in mid August 2020 in Bakersfield Superior Court, Case No. BCV19100402; WHEREAS, Defendant’s retained orthopedic expert is currently unavailable for trial between May 19, 2020 and June 22, 2020; WHEREAS, both parties acknowledge and recognize that the remaining issues and discovery left to be completed in this case require a continuance of the existing March 2, 2020 trial date. The above-entitled action is a personal injury case in which Plaintiff contends that the Defendant permitted a dangerous condition to exist in the form of a vault cover along Sutter Street in San Francisco. Despite the considerable discovery completed to date, there remains ample discovery left to be completed. These areas include the depositions of two of Defendant’s employees (who previously were unable to be deposed due to extended periods of leave), the depositions of plaintiff’s treating physicians, the completion of expert discovery, and other areas in addition and ancillary to the above topics. Plaintiff has previously attempted to notice the deposition of two of Defendant’s employees on multiple occasions, but they will be unable to go forward due to the above-mentioned leave periods. To date, the parties have worked together to resolve all discovery disputes that have arisen without Court intervention. Nonetheless, the parties agree that additional time will be necessary to complete the above discovery; /// /// 5 4 THE PARTIES’ STIPULATION TO CONTINUE THE TRIAL DATE AND TO CONTINUE ALL TRIAL RELATED TIMELINES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I am employed in the County of San Bernardino, State of California. I am over the age of 18 and not a party to the within action. My business address is: 3350 Shelby Street, Suite 200, Ontario, CA 91764 . On February 5, 2020, I served the foregoing document(s) described as THE PARTIES’ STIPULATION TO CONTINUE THE TRIAL DATE AND TO CONTINUAL ALL TRIAL RELATED TIMELINES on the interested parties in this action by sending a true copy of the document to the following parties as follows: X (BY ELECTRONIC MAIL) I caused the document(s) to be successfully transmitted via electronic mail the offices of the addressees. X (BY ELECTRONIC SERVICE) I caused the document(s) to be sent to the offices of the addressees via Online Filing Service FileandServeXpress system. ____ (BY FACSIMILE) I transmitted, pursuant to Rule 2.306, the above-described document by facsimile machine (which complied with Rule 3003(3)), to the attached listed fax number(s). The transmission originated from facsimile phone number (602) 456-4056 and was reported as complete and without error. (BY US MAIL) I caused such sealed envelope(s) with postage thereon fully prepaid to be placed in the United States mail at Ontario, California. I am 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 to: Mike F. O’Brien, Esq. Law Offices of Mike F. O’Brien 212 Yale Ave. Claremont, CA 91711 T: 909-656-9999 909-621-3964 Attorney for Plaintiff Charles Argelander I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on: February 5, 2020, at Ontario, California. By: Paula Barlow An Employee of RESNICK & LOUIS, P.C.