DR STEPHEN BOURQUE

2241 REGENT WAY

CASTRO VALLEY CA 94546
(415) 430-5810
animal-doctor@hotmail.com

Plaintiff, In Pro Per

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF ALAMEDA

No. HG15795306

DR. STEPHEN BOURQUE,, EX PARTE APPLICATION FOR ORDER

Plaintiff, GRANTING LEAVE TO FILE FIRST AMENDED
COMPLAINT
vs.
RESERVATION: R-1839942.
Hearing Date: APRIL 4, 2017
JOSEPH CARL MOREHEAD, Place : Dept. 23
Defendant. Time : 9AM
Judge: HONORABLE VICTORIA KOLAKOWSKI
Date Action Filed: DECEMBER 2 2015

Trial Date: NOT YET SET

Plaintiff Dr. Stephen Bourque hereby applies for an Ex-Parte court order Granting Leave to

Amend the complaint that was initially filed December 2, 2015.

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

come before the court Ex-Parte.

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

had been done.

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.

This application is based on the declaration of Dr. Stephen Bourque,supporting memorandum

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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

presented at the hearing, if any, on the application.

Dated: April 2 2017

x_________________________________
DR STEPHEN BOURQUE, In Pro Per

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EX PARTE APPLICATION FOR ORDER GRANTING LEAVE TO AMEND THE
COMPLAINT