declaration of j kevin morrison in response to order to show cause

Cal. Super. - 1st Dist.October 16, 2019

DECLARATION OF J. KEVIN MORRISON IN RESPONSE TO ORDER TO SHOW CAUSE -1- 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 J. KEVIN MORRISON, ESQ., SBN 160531 JOSHUA D. WHITE, ESQ., SBN 246164 ALTAIR LAW LLP 465 California Street, 5th Floor San Francisco, CA 94104 Telephone: (415) 988-9828 kmorrison@altairlaw.us jwhite@altairlaw.us Attorneys for Plaintiff JOSEPH ALVARADO SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO JOSEPH ALVARADO, Plaintiff, vs. CITY AND COUNTY OF SAN FRANCISCO, and DOES 1 to 50, Defendants. Case No. CGC-18-569501 DECLARATION OF J. KEVIN MORRISON IN RESPONSE TO ORDER TO SHOW CAUSE Date: September 10, 2019 Time: 10:30 a.m. Dept. 610 Complaint Filed: September 6, 2018 Trial Date: None I, J. Kevin Morrison, declare as follows: 1. I am an attorney licensed to practice law in California, represent plaintiffs in this action and am a partner at Altair Law. I have been handling this matter on a day to day basis on behalf of my clients since the inception of the case. 2. On February 1, 2019, this case settled subject to approval from a variety of City boards and agencies. I reached out to the deputy City attorney handling this matter several weeks before the August 6, 2019 Order to Show Cause Hearing and had not heard back about the status of those board and agency decisions. 3. On August 14, 2019, the City advised that they had signed the original release. ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 09/03/2019 Clerk of the Court BY: RAYMOND WONG Deputy Clerk DECLARATION OF J. KEVIN MORRISON IN RESPONSE TO ORDER TO SHOW CAUSE -2- 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 4. To date, the City has not advised me the status of the settlement or the settlement draft. I have requested an update from the City’s counsel, but he has not responded to my emails. 5. As such, I respectfully request that this OSC be continued for 45 days so that the settlement can either be approved or the matter be reset to the trial calendar. I declare under penalty of perjury that the foregoing is true and correct and can competently testify to those matters stated herein if called upon to do so. Executed this 30th day of August, 2019, in San Francisco, California. DATED: August 30, 2019 ALTAIR LAW LLP By: ________________________________ J. Kevin Morrison Joshua D. White Attorneys for Plaintiff JOSEPH ALVARADO 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 City and County of San Francisco, State of California. I am over 18 years of age and not a party to this action. My business address is Altair Law LLP 465 California Street, 5th Floor, San Francisco, CA 94104. On the date below I served a true copy of the following document(s): DECLARATION OF J. KEVIN MORRISON IN RESPONSE TO ORDER TO SHOW CAUSE on the interested parties to said action by the following means: X (BY MAIL) By placing a true copy of the above, enclosed in a sealed envelope with appropriate postage, for collection and mailing following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that the 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. (BY OVERNIGHT DELIVERY) By placing a true copy of the above, enclosed in a sealed envelope with delivery charges to be billed to Altair Law LLP for delivery by Federal Express to the address(es) shown below. (BY FACSIMILE TRANSMISSION) By transmitting a true copy of the above by facsimile transmission from facsimile number (415) 988-9815 to the attorney(s) or party(ies) shown below. (BY MESSENGER) By placing a true copy of the above in a sealed envelope and by giving said envelope to an employee of Western Messenger Service for guaranteed, same- day delivery to the address(es) shown below. (BY HAND DELIVERY) By personal delivery of a true copy of the above to the attorneys or parties shown below X (BY E-MAIL or ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed below. I did not receive, within a reasonable period of time, after the transmission, any electronic message or other indication that the transmission was unsuccessful. Please See Attached Service List I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. DATED: September 2, 2019 Diana Khoury 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 Joseph Alvarado v. City & County of San Francisco San Francisco Superior Court, No. CGC-18-569501 SERVICE LIST James Hannawalt City Attorney’s Office Fox Plaza 1390 Market St., 6th Floor San Francisco, CA 94102 Telephone: (415)554-3913 Facsimile: (415)554-3837 Email: james.hannawalt@sfcityatty.org Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO