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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

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erior Court

EPUTYCLERK

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Fax:

415292-0989

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Attorneys for Plaintiffs, Jim Baka and Shelley Coleman

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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COUNTY OF SAN MATEO -- UNLIMITED JURISDICTION

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Application

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CIV523248

290541

JIM BAKA, et al.,

na

Case No.

CIV 523248

16

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-|

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

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Application for Order Continuing Trial

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