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    Civ 523248

    Uploaded by

    jfmarsh
    This document is an application to continue the trial date in the case of Jim Baka et al. v. City of Belmont et al. from January 9, 2017 to either January 30, 2017 or January 23, 2017. The application cites good cause for the continuance based on ongoing discovery including expert witness testimony, recently retained trial counsel needing additional time to prepare, incomplete discovery, and unfiled responses to amended complaints and cross-complaints. The parties have stipulated to the continuance and waived notice of the ex parte application.

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    © All Rights Reserved
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    Civ 523248

    Uploaded by

    jfmarsh
    97 views3 pages
    This document is an application to continue the trial date in the case of Jim Baka et al. v. City of Belmont et al. from January 9, 2017 to either January 30, 2017 or January 23, 2017. The application cites good cause for the continuance based on ongoing discovery including expert witness testimony, recently retained trial counsel needing additional time to prepare, incomplete discovery, and unfiled responses to amended complaints and cross-complaints. The parties have stipulated to the continuance and waived notice of the ex parte application.

    Original Description:

    Baka Court Case

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    This document is an application to continue the trial date in the case of Jim Baka et al. v. City of Belmont et al. from January 9, 2017 to either January 30, 2017 or January 23, 2017. The application cites good cause for the continuance based on ongoing discovery including expert witness testimony, recently retained trial counsel needing additional time to prepare, incomplete discovery, and unfiled responses to amended complaints and cross-complaints. The parties have stipulated to the continuance and waived notice of the ex parte application.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    97 views3 pages

    Civ 523248

    Uploaded by

    jfmarsh
    This document is an application to continue the trial date in the case of Jim Baka et al. v. City of Belmont et al. from January 9, 2017 to either January 30, 2017 or January 23, 2017. The application cites good cause for the continuance based on ongoing discovery including expert witness testimony, recently retained trial counsel needing additional time to prepare, incomplete discovery, and unfiled responses to amended complaints and cross-complaints. The parties have stipulated to the continuance and waived notice of the ex parte application.

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    1J3

    DAVID M. KING 95279


    CARRMcCLELLAN, PC

    FILED

    216 Park Road


    Burlingame, California 94010
    Tel: 6503429600
    Fax: 6503427685

    SAN MATEO COUNTY


    DEC

    4:

    (J)

    C7\

    NILS ROSENQUEST [SB# 87661]


    SUSAN A. BUSH [SB#110906]
    ROSEN UEST & ASSOCIATES
    2720 Tay or Street, Suite 420
    San Francisco, California 94133
    Tel: 415292-0980

    -9

    CleZlugthe

    By

    201B

    erior Court

    EPUTYCLERK

    '

    ~J

    Fax:

    415292-0989

    CXD

    Attorneys for Plaintiffs, Jim Baka and Shelley Coleman


    \CD

    SUPERIOR COURT OF THE STATE OF CALIFORNIA


    <2)

    ||IllllllllllllllllllllllllllIll

    COUNTY OF SAN MATEO -- UNLIMITED JURISDICTION


    bl

    r-a

    filed

    >-

    Application

    b3
    CIV523248

    290541

    JIM BAKA, et al.,


    na

    Case No.

    CIV 523248

    16

    ll
    -|

    APPLICATION FOR ORDER CONTINUING


    TRIAL AND RELATED PRETRIAL
    LITIGATION DATES; MEMORANDUM OF
    POINTS AND AUTHORITIES;
    DECLARATION OF NILS ROSENQUEST

    Plaintiffs,
    15

    APP

    v.

    CITY OF BELMONT, et al.,

    17

    Defendants.

    CRC 3.1332

    18

    Trial Date:

    19

    Requested:

    March 21, 2016


    April 18, 2016

    20

    RELATED CROSS ACTION


    21

    22

    The parties, pursuant to stipulation and good cause, hereby apply to this Court for its

    23

    order continuing the trial from January 9, 2017, to January 30, 2017, or January 23 in the

    24

    alternative. This application is made pursuant to California Rules of Court, Rule 3.1332, in that

    25

    good cause exists for the continuance of the trial as follows: (1) The parties have stipulated to

    26

    the continuances based upon calendar conflicts and pretrial events, (2) recently retained trial

    27

    counsel for plaintiff needs additional time to participate in the ongoing discovery and prepare for

    28

    trial, (3) discovery is not yet complete, and (4) responsive pleadings to the First Amended
    1

    Application for Order Continuing Trial


    Baka, et al., v. City of Belmont, et al., Case No. CIV 523248

    Complaint and the Crosscomplaint have not been led. This application is based upon this

    Application, the Memorandum of Points and Authorities in Support, the Stipulation Continuing
    Dates for Discovery and Motion Cutoff and Trial, the Declaration

    of Nils Rosenquest

    and all

    documents and pleadings of record.

    ROSENQUEST & ASSOCIATES

    Dated: December 9, 2016


    \OOOVQM-AWN"

    ils Rosenquest
    Attorney for Plaintiff,

    m Baka

    MEMORANDUM OF POINTS AND AUTHORITIES


    The court may continue a trial for good cause. California Rules of Court, Rule 3.1332,
    permits continuances of trial dates where they are brought by (a) a written ex parte application
    supported by declarations, and (b) demonstrate good cause grounds for a continuance and

    supporting factors such

    as the

    stipulation of the parties. California Rules of Court (referenced as,

    CRC), Rule 3.1332 (b), (c), (d). In this case,


    and the stipulation

    of the parties, good

    as stated

    in the declaration of Nils Rosenquest

    cause exists based on the ongoing expert witness

    declarations and the complexity of preparing the case for trial.

    NNNNNNNNNiIiIiIDDrirIblpIhl

    WVQMAWNrAOKOOOVQM-D-WNrIO

    Dated: December 9, 2016

    ROSENQUEST & ASSOCIATES

    113

    95.41/21.

    Rosenquest

    MW,

    Attorney for Plaintiff, Jim Baka


    DECLARATION OF NILS ROSENQUEST
    I, Nils Rosenquest, declare:
    I

    1.

    I am one of the attorneys of record for the plaintiff, Jim Baka, and am duly admitted to

    practice law in this court.


    2.

    The case involves complex factual issues and legal issues concerning the storm drain

    system on Marburger Road in Belmont, California. The first amended complaint alleges causes

    of action for inverse condemnation, nuisance,

    and trespass based upon ooding the road next to

    Application for Order Continuing Trial


    Baka, et al., v. City of Belmont, et al., Case No. CIV 523248

    plaintiffs houses. Trial of the case will involve complex expert opinions concerning the design
    and performance

    of the storm drains

    witness discovery is ongoing and


    3.
    \OOONQUIAUJNa

    as

    will

    well

    as maintenance and

    other issues. As a result, expert

    be required to establish the claims in this action.

    Good cause exists for the short continuance requested in this case. Aside from the

    intervention of the holidays, which have created conicting schedules for witnesses and counsel,
    addtional time is required to prepare charts, maps, and other documentary evidence reective of
    expert testimony and the claims to be litigated. On December 9, 2017, I notied all counsel by
    email that my ofce would appear in the department of Presiding Judge to bring this application

    for continuance. The parties have waived notice of


    and the application

    will

    the ex parte

    application in the stipulation,

    be uncontested.

    I declare under penalty

    personal knowledge, and

    of perjury that the foregoing is true and correct of my own

    if called

    to testify, could testify competently thereto. Executed at San

    Francisco, California on December 9, 2017.

    osenquest

    NNNNNNNNNidptiIuIrautuluApApA

    oouoxmpwm~oxooouoxm4>ww~o

    Application for Order Continuing Trial


    Baka, et al., v. City of Belmont, et al., Case No. ClV 523248

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