Professional Documents
Culture Documents
No. HG15795306
Plaintiff Dr. Stephen Bourque hereby applies for an Ex-Parte court order Granting Leave to
The application is made on the ground(s) that the Defense Counsel, Jason Fellner, whom is
handling both this case and the related Dr. Stephen Bourque vs. Christopher C. Hall case, has filed
yet another attempt to Transfer this case to San Mateo County and to thereafter consolidate the two
cases. It is the manner in which Mr. Fellner has filed such a Motion that has caused the Plaintiff to
Mr. Fellner, fully aware that the Honorable Victoria Kolakowski has already made the
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EX PARTE APPLICATION FOR ORDER GRANTING LEAVE TO AMEND THE
COMPLAINT
determination the venue is correct in Alameda county, is in the process of a calculated attempt bypass
the the Court Order of Judge Kolakowski in what can only be described as a low ball effort by
defense counsel. The basis for the Motion is the erroneous assumption that the questions of law in
both cases are the same, despite the repeat communication to Fellner that this is not correct.
There had been a Stay of Proceedings Court Ordered December 21, 2106 the Bourque vs Hall
case set to expire 3/15/17. A Case Management Conference was set by the Judge at that same time
for 3/15/17 for the exclusive purpose of reviewing the progress of the underlying cases to then
determine the need for an extension of the Stay. This did leave previously filed Motion to Compel
and the Demurrer to the cross compliant tentatively scheduled for 3/30/17 but pending the outcome of
the CMC.
The plaintiff was notified via a letter from the San Mateo Court on or around March 13 2017
that the CMC had been continued to 5/11/17. What was not made clear was that the two pending
actions in this case were not continued. As such, the Stay expired on 3/15/17 which left the case open
to file motions in that case which Defense counsel took full advantage on 3/16/17 with full
knowledge that the Stay had not yet been reviewed and was likely an oversight in continuing this as
The Motion to Transfer and Consolidate the Bourque vs Morehead case to San Mateo is set
for 4/13/17 the day prior the 4/14/17 CMC in front of Judge Kolakowski. Given the timing of having
received service of such Motion, this did not leave adequate time to file the request for leave to
amend the complaint as a noticed motion. Given that amending the complaint was meant to be done,
and is the best defense from having the case transferred to San Mateo, the only option the plaintiff
had to ensure he was not bamboozled by Fellner's tactics was to appear Ex-Parte.
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EX PARTE APPLICATION FOR ORDER GRANTING LEAVE TO AMEND THE
COMPLAINT
and copy of the proposed First Amended Compliant for Legal Malpractice served and filed herewith,
on the papers and records on file herein, and on such oral and documentary evidence as may be
x_________________________________
DR STEPHEN BOURQUE, In Pro Per
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EX PARTE APPLICATION FOR ORDER GRANTING LEAVE TO AMEND THE
COMPLAINT