stipulation re amending answer

Cal. Super. - 1st Dist.October 13, 2021

Randolph S. Hicks, Esq. - SBN 83627 Mahmoud A. Fadli, Esq. - SBN 280607 CODDINGTON, HICKS & DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 Teld 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendants Wheels Up Partners, LLC and GAMA Aviation, LLC 10 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO 11 12 13 14 16 17 15 18 19 20 SHARON BARR-DAY and BRANDON DAY, Plaintiffs,, vs. WHEELS UP PARTNERS, LLC a New York Limited Liability Company; GAMA AVIATION LLC, a Connecticut Limited Liability Company doing business as Gama Aviation Signature, Currently Unknown Pilot in Command sued herein as DOE 1; Currently Unknown Co-Pilot, sued herein as DOE 2; and DOES 3-50, inclusive, Defendants. Case No. CGC-20-584022 STIPULATION AND AGREEMENT OF THE PARTIES CONCERNING THE AMENDMENT OF DEFENDANTS WHEELS UP PARTNERS, LLC AND GAMA AVIATION, LLC'S ANSWER TO PLAINTIFFS'NVERIFIED COMPLAINT 21 22 23 IT IS HEREBY STIPULATED, by and between plaintiffs Sharon Barr Day and Brandon Day ("Plaintiffs") and defendants Wheels Up Partners, LLC and Gama Aviation LLC ("Defendants"), through their counsel of record, as follows: 24 25 26 27 28 WHEREAS on or about April 2, 2020, Plaintiffs filed an unverified complaint in the Superior Court in and for the City of San Francisco alleging, among other things, unspecified personal injuries that occurred on or about April 19, 2018; /// (07842257} l Snpolation And Agreement Of The Pames Concerning The Amendment Of Defendants Answer To PLunnffs'nverified Compline Case No: CGC-20-584022 684767 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 07/10/2020 Clerk of the Court BY: EDWARD SANTOS Deputy Clerk WHEREAS on or about June 4, 2020, Defendants filed their answer toPlaintiffs'0 unverified complaint; WHEREAS on or about June 17, 2020, counsel for Plaintiffs contacted counsel for Defendants to meet and confer regarding the content of the various affirmative defenses raised in Defendants'nswer to Plaintiffs'nverified complaint; WHEREAS on or about June 17, 2020, counsel for Defendants agreed to extend the deadline for Plaintiffs to file a demurrer from June 19, 2020 to July 19, 2020 for the purposes of continuing to meet and confer regarding - affumative defenses that plaintiffs seek to strike on the basis that they are not properly plead or supported by factual allegations; WHEREAS after meeting and conferring, the parties have agreed, in the interest of 12 justice and fairness, that Defendants shall amend their answer to remove such affirmative defenses that are not plead in accordance with California Code of Civil Procedure Section 13 14 430.20, but that said amendment(s) shall not constitute a waiver of any affirmative defenses or claims that can be made by Defendants; 15 16 17 18 19 20 21 WHEREAS the parties have agreed that Plaintiffs shall not oppose any subsequent motion by Defendants seeking leave to amend their answer to include any affirmative defenses; WHEREAS it is understood and agreed that Plaintiffs'greement not to oppose any subsequent motion by Defendants seeldng leave to amend their answer does not constitute a waiver of any remedies available to Plaintiffs under the Code of Civil Procedure pertaining to Defendants'nswer, including but not limited to Code of Civil Procedure Section 430.30; IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendants, tluough 22 their counsel of record, that: 23 (1) Defendants shall amend then answer to remove such affirmative defenses that are 24 25 not plead in accordance with California Code of Civil Procedure Section 430.20, but that said amendment(s) shall not constitute a waiver of any affirmative defenses or claims that can be 26 27 made by Defendants; (2) Plaintiffs shall not oppose any subsequent motion by Defendants seeking leave to 28 amend their answer to include any affirmative defenses; (01842257) 2 Snpnlanon And Agreement Of The Parnes Conrerrang The Amendment Of Defendants Answer To Plamnffs'nrerifted Complwnt Case No: CGC-20-584022 684767 (3) Plaintiffs'greement not to oppose any subsequent motion by Defendants seeking leave to amend their answer does not constitute a waiver of any remedies available to Plaintiffs under the Code of Civil Procedure as it relates to Defendants'nswer, including but not limited to Code of Civil Procedure Section 430.30; (4) Notwithstanding the above, Plaintiffs shall also be entitled to object to a subsequent motion by Defendants seeking leave to amend their answer within 120 days of trial; (5) Defendants shall file an amended answer prior to July 10, 2020; and 10 (6) The parties shall continue to meet and confer regarding Defendants'mended answer, but no part of this agreement shall preclude Plaintiffs from filing a demurrer on or before July 19, 2020 if the answer is not amended in accordance with the agreements reached 12 between counsel thi'ough meet and confer efforts. 13 SO STIPULATED. 14 15 16 17 18 19 20 21 22 Dated: July 1, 2020 Dated: July 1,2020 VAN DE POEL, LEVY, THOMAS, ARNEAL LLP John F. Van De Poel William E. Manning Jennifer Krenzin Attorney for Plaintiffs Sharon Barr Day and Brandon Day CODDINGTON, HICKS & DANFORTH 23 24 25 26 27 28 {018422577 3 Snpnlanon And Agreement Of The Pames Coneerrnng The Amendment Of Defendants Answer To Plaintiffs'neeriried Complaint Case No: CGC-20-584022 684767 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mM address is anrasad(Rchdlawvers.corn 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I am readily familiar with my employer's business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On July 10, 2020, I served a copy of each of the documents hsted below by placing them for processing as indicated herein. STIPULATION AND AGREEMENT OF THE PARTIES CONCERNING THE AMENDMENT OF DEFENDANTS WHEELS UP PARTNERS, LLC AND GAMA AVIATION, LLC'S ANSWER TO PLAINTIFFS'NVERIFIEDCOMPLAINT United States Mail:The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with'Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regulady maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The conespondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was propedy issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. State. The recipient has filed and served notice that he or. she accepts electronic service; the recipient has electronically filed a document with the court; and/or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the ofiginal signature is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court Rule 2.257(a). FederaL The recipient of this electronic service has consented to this method of servIce in writing, a copy of which is on file and available for inspection in my employer's office. I have received no indication the electronic transmission did not reach the recipient. 9 10 12 13 PERSONS OR PARTIES SERVED: William E. Manning, Esq. lennifer Z. Krenzin. Esa. Van De Poel, Levy, Thomas, Atneal LLP 1600 S. Main Plaza, Suite 325 Walnut Creek, CA 94596 14 15 16 Telephone: Facsimile: E-mail: E-mail: (925) 934-6102 (925) 934-6060 wmannint Qvanlevvlaw.corn i krenzin8vanleiarlaw.corn 17 18 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaratjon was executed on July 10, 2020. 19 20 A'mta Prasad 21 22 23 Court: Superior Coors ofCakforwia, San Franaeeo Coant2 Action No: CGC-20-584022 Case Name: Barr-Deer e. Wheelr Up, LLC 24 25 26 27 28