declaration of r jason honey in support of defendants ex parte appli

Cal. Super. - 1st Dist.September 15, 2020

R. Jason Honey (SBN 276303) CARBONE, SMITH & KOYAMA 555 12th Street, Suite 1250 Oakland, CA 94607-4095 Telephone: (510) 267-7200 Facsimile: (510) 834-8450 ATTORNEYS FOR DEFENDANTS KARL MARTIN MEISEL; AND LAUREN WADLAND MEISEL 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMI'I'ED CIVIL JURISDICTION 10 11 12 13 14 15 16 I lannah Decker, Plaintiff, V. Karl Martin Meisel; Lauren Wadland Meisel; and DOES I through 20, inclusive„ Defendants. Case No. CGC-18-570960 Date: Time: Dept: 11/26/2019 11:00 a.m. 206 Trial Date: 1/27/2020 DECLARATION OF R. JASON HONEY IN SUPPORT OF DEFENDANTS'X PARTE APPLICATION TO CONTINUE TRIAL DATE (STIPULATED) 17 18 19 20 21 22 23 24 25 26 27 28 I, R. JASON IJONEY, declare: 1. I am an attorney at law duly admitted to practice before all the courts of the State of California and an attorney at thc Law firm of Carbone, Smith & Koyama, attorneys of record for defendants Karl Martin Mcisel and Lauren Wadland Meisel. I make this declaration of my own personal knowledge, except where matters are stated upon information and belief. If called to testify, I could and would testify competently thereto. 2. There have been no prior trial continuances in this case. 3. On 11/22/2019 at I:30PM, I sent plaintiff Hannah Decker's counsel an email providing notice that defendants were going in ex parte on 11/26/2019 at 11:00 a.m. to continue our trial DECLARATION OF R, JASON HONEY IN SUPPORT OF DEFENDANTS'X PARTE APPLICATION TO CONTINUE TRIAL DATE (STIPULATED) ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 11/25/2019 Clerk of the Court BY: RONNIE OTERO Deputy Clerk date pursuant to the parties'tipulation. Plaintif1's counsel does not. plan on attending the hearing. 4. pl ainti ff's counsel. Attached hereto as Exhibit A is a true and correct copy of the email notice provided to 7 8 9 10 5. All parties in this matter have stipulated to continue trial date from the currently set date of 1/27/2020 to the mutually agreed upon date of 6/1/2020 or 6/8/2020, or as soon thereafter as is convenient for the Court. 5. Attached hereto as Exhibit 8 is a true and correct copy of the signed stipulation to continue trial date by all parties in the Decker v. Meisel, case ¹CGC-18-570960. 12 13 14 15 16 6. Discovery was postponed and cannot be complete in a timely manner despite the parties'iligent efforts. The parties wish to complete discovery and engage in the Judicial Mediation Program offcrcd by San Francisco Superior Court before having to complete pretrial preparation and expert discovery. Further, that parties do not wish to unnecessarily 17 18 19 20 21 expend judicial resources before making efforts to resolve the case with ADR. Defendant's counsel is also set for another trial on the same date as the current trial date. 7. San Francisco Superior Court Local Rules 6.0(B) allows a party to seek a continuance of trial by ex parte relief stating, "The Presiding Judge on stipulation of the parties may 22 23 24 25 26 continue trial to a date convenient to the Court by an ex parte application. Parties seeking a stipulated continuance of the trial date must submit (I) an ex parte application establishing good cause for the continuance, including a declaration that there have been no prior continuances or stating the number of prior continuances, the reasons for those, and the party 27 28 seeking those, (2) a stipulation by all parties, and (3) a proposed order." DECLARATION OF R. JASON HONEY IN SUPPORT OF DEFENDANTS'X PARTE APPLICATION TO CONTINUE TRIAL DATE (STIPULATED) -2- I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 11/25/2019 in Oakland, CA. R. (ASON)gHNEY 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF R. JASON IIONEY IN SUPPORT OF DEFENDANTS'X PARTE APPLICATION TO CONTINUE TRIAL DATE (STIPULATED) -3- Exhibit A Honey, jason From: Sent: To: Subject: Honey, Jason Friday, November 22, 2019 1:30 PM 'Audrey Siegel'ecker v. Meisel - Ex Parte Notice 11/26/19 Hi Audrey, As we discussed, this is notice that I will be going in ex parte to Dept. 206 at San Francisco Superior Court (400 McAllister St., San Francisco, CA) on Tuesdav. 11/26/19. at 11:00am to continue the trial date pursuant to our Stipulation to Continue Trial Date. On a separate note. it was a pleasure meeting in person you today. All the best, R. Jason Honey Attorney at Law CARBONE, SMITH & KOYAMA 555 12th Street, Suite 1250 Oakland, CA 94607 Tel: (510) 267-7206 Fax: (510) 834-8450 iason.honev@csaa.corn A law firm consisting of employees of CSAA Insurance Group CONFIDENTIALITY NOTICE: The information contained in, and attached to, this message is intended for the personal and confidential use of the intended recipient(s). This message may be an attorney client communication and may contain legally privileged and confidential information. The information contained herein is protected from disclosure under applicable law. This communication constitutes an electronic communication within the meaning of thc Electronic Communications Privacy Act, I g U.S.C. 25 I 0-2521. If you are not the intended recipient, you have received this email in error. Any review, dissemination, distribution, use, or copying of this message, or any attachment, is prohibited and may subject you to criminal and civil penalties. If you receive this communication in error, please immediately notify rne by reply e-mail, permanently delete this message, along with any attachments from your computer systems, and destroy any hard copy you may have printed. Thank you. Exhibit B R. Jason Honey (SBN 276303) CARBONE, SMITH & KOYAMA 555 12th Street, Suite 1250 Oakland, CA 94607-4095 Telephone: (510) 267-7200 Facstmile: (510) 834-8450 ATTORNEYS FOR DEFENDANTS KARL MARTIN MEISEL; AND LAUREN WADLAND MEISEL SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION 10 11 12 13 14 15 16 Hannah Decker, Plaintiff, V. Karl Martin Meisel; Lauren Wadland Meisel; and DOES I through 20, inclusive„ Defendants. Case No. CGC-18-570960 STIPULATION TO CONTINUE TRIAL DATE 17 18 19 20 21 22 23 24 25 26 27 28 The parties, by and through their respective attorneys of record herein, hereby stipulate and agree to a continuance of the trial of the above-captioned matter currently set for I/27/2020 at 9:00 a.m. in Department 206 of the San Francisco County Superior Court. The parties request this matter be assigned a new trial date of 6/I/2020 or 6/8/2020, as soon thereafter as is convenient for the Court. Good cause exists to continue the trial date because: Discovery was postponed and cannot be complete in a timely manner despite the parties'iligent efforts. The parties wish to complete discovery and engage in the Judicial Mediation Program offered by San Francisco Superior Court before having to complete pretrial preparation and expert discovery. Further, that parties do not ivish to unnecessarily STIPULATION TO CONTINUE TRIAL DATE expend judicial resources before making efforts to resolve the case with ADR. Defendant's counsel is also set for another trial on the same date as the current trial date. California Rules of Court, Rule 3.1332(c) empowers the Court to continue a trial date upon a showing of good cause. Circumstances that may indicate good cause include all of the following: (3) The unavailability of trial counsel because of death, illness, or other cxcusablc circumstances; or 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (6) A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; or (7) A significant, unanticipated change in the status of the case as a result of which thc case is not ready for trial. The parties also stipulate to the following: l. All parties agree that no prejudice will result to any party due to this short continuance; 2. This is the parties'irst requested trial continuance; 3. All discovery deadlines shall be governed by the new trial date including but not limited to the date to disclose expert witnesses and all written and oral discovery; 4. The parties vvish to engage in mediation, but the parties want to complete discovery to have a meaningful opportunity to scttlc the case; 5. The parties do not want to waste the valuable resources of the Court with pretrial preparation - or incur the expense of preparation for trial - when a short continuance will likely allow the parties the opportunity to settle the case; 6. Counsel for all parties acknowledge that they shall sign and execute this stipulation separately but agree that this stipulation shall be binding with signatures by counterparts. 28 STIPULATION TO CONTINUE TRIAL DATE -2- 7. The parties expressly waive any ex parte notice for this stipulation being filed and agree it may be presented to the Court at either parties first availability. 3 IT IS SO STIPULATED: 4 6 DATED: November l5, 2019 CARBONE, SMITH & KOYAMA 10 n m R. Jgon Hon+ Attorneys for Defendants Karl Martin Meisel; and Lauren Wadland Mciscl 12 I 3 DATED: November Ql, 20 1 9 14 15 16 17 18 19 20 21 22 23 THE CARTWRIGHT LAW FIRM, INC. Audrey ~cl Robert E. Cartwright, Jr Attorneys for Plaintiff Hannah Decker 25 26 27 28 STIPULATION TO CONTINUE TRIAL DATE -3- Decker v. Meisel San Francisco County Superior Court Case No. CGC-18-570960 PROOF OF SERVICE BY MAIL I, Victoria A. Dimitroff, am employed by the otfice of Carbone, Smith & Koyama located at 555 12th Street, Suite 1250, Oakland, CA 94607-4095. I am over the age of 18 6 10 years and am not a party to this action. I am readily familiar with my employer's business practice for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service the same day it is placed for collection in the ordinary course of business. I served ll the accompanying DECLARATION OF R. JASON HONEY IN SUPPORT OF 12 DEFENDANTS'X PARTE APPLICATION TO CONTINUE TRIAL DATE 13 (STIPULATED) by placing the document(s) for collection and mailing on the date below, 14 following ordinary business practices at the above business address of my employer, in a 15 sealed envelope or envelopes, with postage fully paid, and addressed to: 16 17 Robert E. Cartwright, Jr., Esq. 18 The Cartwright Law Firm, Inc. 222 Front Street, 5th Floor 19 San Francisco, CA 94111 Attorney for Plaintiff 20 21 I declare under penalty of perjury under the laws of the State of California that the 23 foregoing is true and correct. 24 Dated: November 25, 2019 25 26 C'i t i A.Di it ff 27 28 DECLARATION OF R. JASON HONEY IN SUPPORT OF DEFENDANTS'X PARTE APPLICATION TO CONTINUE TRIAL DATE (STIPULATED) -4-