Preview
1 LAW OFFICES OF JOHN A. HAUSER
By: LAURIE J. ELZA, State Bar No.: 284903
2 One Pointe Drive, 6th Floor,
3 Brea, CA 92821
Phone: (714) 571-0407 / Fax: (877) 369-5799
4 Direct: (714) 371-2311
E-Mail: laurie.elza@thehartford.com
5 Mailing Address: P.O. Box 2282, Brea, CA 92822-2282
6
Attorneys for Defendant, NTN PROPERTIES LLC
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF MONTEREY
10
11 LOUIS MONTANO, JR.; LOUIE ) CASE NO. 21CV003635
MONTANO III; and MICHAEL MONTANO, )
12 ) JUDGE: Hon. Carrie M. Panetta
13 Plaintiff, ) DEPT.: 14
)
14 vs. ) DEFENDANT NTN PROPERTIES
) LLC'S ANSWER TO UNVERIFIED
15 CITY OF SALINAS; GINO'S ) COMPLAINT
16 RESTAURANT, INC.; GINO'S FINE )
ITALIAN FOOD, INC.; BLFA PROPERTIES )
17 LLC; NTN PROPERTIES LLC; NGOCHAO ) Date Action Filed: 11/16/2021
THI NGUYEN; RALPH BOZZO; ROSAURA ) Trial Date: 5/1/2023
18
ARCOS PANIAGUA; AUSTIN ALARCON; )
19 and DOES 1-35, )
)
20 Defendants. )
_____________________________________ )
21
)
22 AND ALL RELATED CROSS ACTIONS )
_____________________________________ /
23
24 Defendant NTN PROPERTIES LLC admits, denies, and alleges as follows:
25 1. Under the provisions of Section 431.30(d) of the California Code of Civil Procedure,
26 this answering Defendant denies each and every and all of the allegations of the Plaintiffs'
27 Complaint, and the whole thereof; and denies that Plaintiffs sustained damages in any sum or
28 sums alleged, or any sum at all.
1
_____________________________________________________________________________________________
DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED COMPLAINT
1 FOR A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE:
2 This answering Defendant alleges that if Plaintiffs are entitled to a joint judgment against
3 this answering Defendant and the remaining Defendants, and each of them, this answering
4 Defendant prays that this court order each of the judgment debtors to pay to Plaintiffs their
5 proportionate share of joint judgment, the judgment debtor's proportionate share having been
6 determined by the trier of fact; and if this answering Defendant is required to pay to Plaintiffs a
7 disproportionate share of each joint judgment, this answering Defendant prays leave of this court
8 to seek contribution by motion against any other judgment debtor not paying the proportionate
9 share allocated to any such Defendant by the trier of fact.
10 FOR A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE:
11 This answering Defendant alleges that the injuries sustained by Plaintiffs, if any, were
12 either wholly or in part negligently caused by persons, firms, corporations, or entities other than
13 this answering Defendant, and said negligence is either imputed to Plaintiffs by reason of the
14 relationship of said parties to Plaintiffs, and/or said negligence comparatively reduces the
15 percentage of negligence, if any, by this answering Defendant.
16 FOR A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE:
17 This answering Defendant is informed and believes, and thereon alleges that if, in fact,
18 Plaintiffs were damaged in any manner whatsoever, that said damage, if any, was a direct and
19 proximate result of the intervening and superseding actions, both criminal and non-criminal, on
20 the part of other parties, and not of this answering Defendant, and that such intervening and
21 superseding actions of said other parties bar recovery herein on behalf of Plaintiffs.
22 FOR A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE:
23 This answering Defendant is informed and believes, and thereon alleges, that this
24 answering Defendant is entitled to a right of indemnification by apportionment against all other
25 parties and persons whose negligence contributed proximately to the happenings of the claimed
26 incident or alleged injuries.
27 FOR AN FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE:
28 This answering Defendant is informed and believes, and thereon alleges, that this
2
_____________________________________________________________________________________________
DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED COMPLAINT
1 answering Defendant is entitled to a right of contribution from any person whose negligence
2 proximately contributed to the happenings of the claimed incident or alleged injuries, if said
3 Plaintiffs should receive a verdict against this answering Defendant.
4 FOR A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE;
5 This answering Defendant is informed and believes, and upon such information and
6 belief thereon alleges, that at the time and place alleged in the Complaint on file herein, Plaintiffs
7 were aware of certain dangers and risks that were apparent; that Plaintiffs did knowingly and
8 voluntarily assume and expose themselves to said known risks which proximately caused and
9 contributed to the damages, and injuries, if any, referred to in said Complaint, and thereby should
10 be barred from recovery.
11 FOR A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE:
12 This answering Defendant is informed and believes, and based upon said information and
13 belief thereon alleges, that at the time of the incident described in said Complaint on file herein,
14 Plaintiffs failed to mitigate their damages, with such failure causing and contributing to cause
15 further injury and damages.
16 FOR AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE:
17 This answering Defendant is informed and believes, and upon such information and
18 belief thereon alleges, that at the time and place alleged in the Complaint on file herein, that the
19 alleged defect or hazard made the basis of Plaintiffs’ Complaint was an open and obvious
20 condition known to Plaintiffs at and before the claimed incident.
21 FOR A NINTH, SEPARATE AND AFFIRMATIVE DEFENSE:
22 This answering Defendant is informed and believes, and upon such information and
23 belief thereon alleges, that at the time and place alleged in the Complaint on file herein, that
24 Defendant had no actual or constructive knowledge of the alleged defect or hazard made the
25 basis of Plaintiffs’ Complaint, and third party actors’ failure to use reasonable care and/or not
26 violate the law.
27 FOR A TENTH, SEPARATE AND AFFIRMATIVE DEFENSE:
28 This answering Defendant is informed and believes, and upon such information and
3
_____________________________________________________________________________________________
DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED COMPLAINT
1 belief thereon alleges, that at the time and place alleged in the Complaint on file herein, that
2 Plaintiffs’ respective injuries and damages, in whole or in part, were caused by pre-existing
3 conditions or injuries which were not exacerbated or caused by the claimed incident.
4 FOR AN ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE:
5 This answering Defendant is informed and believes, and upon such information and
6 belief thereon alleges, that at the time and place alleged in the Complaint on file herein, that
7 Plaintiffs’ respective injuries and damages, in whole or in part, were caused by pre-existing
8 conditions or injuries which were not exacerbated or caused by the claimed incident.
9 WHEREFORE, having fully answered, this answering Defendant prays that Plaintiffs
10 take nothing by said Complaint, but that this answering Defendant have and recover judgment
11 herein against Plaintiffs for costs incurred herein, and for such other and further relief as this
12 court may deem just and proper.
13 Dated: July 14, 2022 LAW OFFICES OF JOHN A. HAUSER
14
BY: ___________________________
15 LAURIE J. ELZA
16 Attorneys for Defendant,
NTN PROPERTIES LLC
17
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4
_____________________________________________________________________________________________
DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED COMPLAINT
EXHIBIT A
FILE WITH: 6 }.1.1 N4 4 , (RESERVE FOR FILING STAMP)
CITY CLERK'S OFFICE
* CLAIM NO.
200 Lincoln Avenue
(Assigned by City)
Salinas, California 93901 1C 1
44-irolot
City of Salinas
CLAIM FOR DAMAGES TO PERSON OR PROPERTY
RE VED
INSTRUCTIONS SALINAS
1.Claims for death,injury to person or to personal property must be filed not later than CITY OF CEI
six months after the occurrence.(Gov.Code Sec.911.2.)
2.Claims for damages to real property must be filed not later than 1 year after the JUL 1 3 2022
occurrence.(Gov.Code Sec.911.2)
3.Read entire claim form before filing.
4.See page 2 for diagram upon which to locate place of accident,damage,or injury CITY CLERK
5.This claim form must be signed on page 2 at bottom.
6.Attach separate sheets,if necessary,to give full details. SIGN EACH SHEET.
7.Attach supporting documentation such as estimates or invoices.
8.Presentation of a false claim is a Felony (Penal Code Sec.72)
9.Asterisk (*)denotes information required by law.(Gov.Code Sec.910)
10.Double asterisks (**) denote information required for bodily injury claims prior to settlement
for compliance with federal law, Center for Medicare, and Medicaid Services repay.
* Name of Claimant: NTN PROPERTIES,LLC **Date of Birth of Claimant:
* Address of Claimant: City, State, and Zip Code: Occupation of Claimant:
Law Offices of John Hauser,One Pointe Dr. 6th Floor, Brea, CA 92821
* Address of and telephone number to which claimant desires notices or Home Telephone Number:
communications sent regarding this claim:
Law Offices of John Hauser, ATTN: Laurie J. Elza, PO Box 2282, Brea, CA 92822-2282 n/a
** Select: Business Telephone Number:
o Female
714.371.2311
o Male
* When did DAMAGE or INJURY occur? Names of any City employee involved in INJURY
Date: 11.19.2020 Time: 8:15 p.m. or DAMAGE: Unknown Salinas police officers
* Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where
appropriate,give street names,addresses and measurements from landmarks:
1410 S.Main Street, Salinas, CA at Gino's Italian Restaurant.
* Describe in detail how the DAMAGE or INJURY occurred: A Salinas police officer vehicle pursuit resulted in the suspect's
vehicle leaving the road way and entering the outdoor dining area of the restaurant; causing personal injuries to three men who
have now sued NTN for their damages.Attached as Exhibit A to this Claim are each plaintiffs notice of claim to the City.
* Why do,you claim the City is responsible? Plaintiffs contend in their lawsuit against the City of Salinas that the City's acts
and omissions caused or contributed to cause their damages. The lawsuit was filed on 11.16.2021 in Monterey Superior Court
with William R.Price, Esq., answering for and representing the City. NTN seeks contribution and equitable/implied indemnity from
the Gy.
Describe in detail each INJURY or DAMAGE (attach photographs if available): Attached as Exhibit A to this Claim are
each plaintiffs notice of claim to the City, which is the sole information in NTN's possession on this issue.
THIS CLAIM MUST BE SIGNED ON PAGE 2
Page 1 of 2
* The amount claimed, as of the date of presentation of this claim, is computed as
follows:
Damages incurred to date (exact):
Damage to property $
Expenses for medical and hospital care ..$_________
Loss of earnings .....$ _________
Other damages (please describe): $ _________
Total damages incurred to date $ Unknown
Unknown
Total amou nt claimed as of date of presentation of this claim .................$___________
Was damage and/or injury investigated by police? ❑x Yes ❑ No If so, what city? Salinas
Were paramedics or ambulance called? ❑x Yes ❑ No If so, name city or ambulance service: Unknown
see Exhibit A
If injured, state date, time, name and address of doctor of your first visit: _________________
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information:
Name : Address : Phone :
Name : Address : Phone :
Name : Address : Phone :
DOCTORS and HOSPITALS:
Hospital: Address : Date Hospitalized :
Doctor: Address : Date of Treatment :
Doctor: Address : Date of Treatment :
READ CAREFULLY
For all accident claims, place on following diagram names Designate location of City vehicle at time of accident by
of streets including North, South, East and West. Indicate "A-1" and location of yourself or your vehicle at the time of
place of accident by .x ,
and by showing house numbers or the accident by "B-1" and the point of impact by „x "
distances to street corners. If a City vehicle was involved,
designate by letter ..A n the location of City vehicle when you NOTE: If diagrams below do not fit the situation, attach
„B"
firstsaw it,and by the location of yourself or your hereto a proper diagram signed by claimant.
vehicle when you first saw the City Vehicle.
SIOEWAu<
1 •••..
cupe—;
PAP KWAY
T
s10 EWA LX .-....'N
I.••••
/
Signature of Claimant or person filing on his/her behalf (provided Printed or Typed Name: Date:
relationship to Claimant): 7.13.2022
Laurie J. Elza, Attorney for
NTN Properties, LLC.
NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). ANY PERSON WHO KNOWINGLY
PRESENTS A FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND
MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON.
Page 2 of 2
EXHIBIT A
21CV003635
Exhibit 1
21CV003635
_err,
FILE WITH: t. (RESERVE FOR FILING STAMP)
CITY CLERK'S OFFICE
CLAIM NO.
200 Lincoln Avenue
(Assigned by City)
Salinas, California 93901
MY OF SALINAS
City of Salinas APR 2 8 ar ts'
CLAIM FOR DAMAGES TO PERSON OR PROPERTY
CITY CLERKS OFFICE
INSTRUCTIONS
1.Claims for death,injury to person or to personal property must be filed not later than
six months after the occurrence.(Gov.Code Sec.911.2.)
2.Claims fOr damages to real property must be filed not later than 1 year after the
occurrence.(Gov.Code Sec.911.2)
3.Read entire claim form before filing.
4.See page 2 for diagram upon which to locate place of accident,damage,or injury.
5.This claim form must be signed on page 2 at bottom.
6.Attach separate sheets,if necessary,to give 11.41 details. SIGN EACH SHEET.
7.Math supporting documentation such as estimates or invoices.
8.Presentation of a false claim is a Felony(Penal Code Sec.72)
9.Asterisk (')denotes information required by law.(Gov.Code Sec.910)
101:Mut:fie asterisks(")denote information required for bodily injury claims prior to settlement
for compliance with federal law,Center for Medicare,and Medicaid Services repay.
f Claimant:
• Name of Claimant
mite_ HpAkkk&-c> ILL !2/
"Date 8
f 'V S—
' Address of Cl 'manta City,State.and Mo Code: Orztriof dr:
IPS12—
- Address of an
Ws -A) 1^.il_daa(
ephone number to which claimant
4, ,i-v zti
fires notices or
i2 ?)
Ho Telephone Number •
ocm t Ons sent
lidos rding this claim: rt --'7 • 0.0.
Thsse * <
** Select Business Telephone Number:
' "••4;2- tkti.aparimp i
o Female .,..---.
sagytale ri3i°4-/-1•3/ 4 --5etcb'
* When did DAMAGE or INJURY occur? Names of any employ involv d in INJMY
Date: Time: or DAMA E:
cwo
ItitqL202z) wv‘.
i IVI:tat
• Where Id DA
ces•cc--W\ CiAzY0
AGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Wh
appropriate, five stnet a dresses nd mea urements from landmarks:
..
141 0. -arts , i • 'Is2igoc-4--Gitk4st Na""`
:—(49-Q.Attp, eicast- czao
•vD cc
pirb in detail ow the DAMAGE or JUR ed:‘iYV
occultvN, t \ rs4:
...iti C ean tY1S
.V --*
• do y_oki aim the Cit re onsible jt r _
C..KA..CG.
` V•010 CR,
Describe in d
II
:Is:T/
‘Apt..4-. 4.
RY or DAMAGE (attach photographs if avai
nett. -Q Skr . 4 -12
t
14•44., ilia 6J-44 &MI
••,,,‘6"-tra•;\ 'I'S
- -€. it
1-1Z IL
C St
I 4
THIS CLAM MUST F., NED ON PAGEg t
Page 1 of 2
21CV003635
• The amount claimed,as of the date of presentation of this claim,is computed as
Mows:
Damages incurred to date (exact):
Damage to properly $
Expenses or medical and hospital care A
Loss of earnings $ _Q._
Other da es(please describe): S i/V-Q LI-a_ kV
cco
T damages incurred to date S i
Total amountclaimed as of data of presentation of this claim s l ieb
Was damage iind/or injury investigated by police? El-Ntes 0 No ti so,what city? -Sr)
Were parame4ics or ambulance called? &Yes ❑ No If so,name city or ambulancewice:
If injured,state! date,time,name and address of doctor of your first visit: j1/
4.1me.. cf "—
WITNESSES ild DAMAGE or INJU : List all ptircaJild ad ses of 0
arsons known to havAirlation:
2D- 1 .0
Name : Address 62_ a Phone :
Name : j Address : Phone :
Name • i Address : Phone :
DOCTORS and HOSPITALS:
Hospital:
Doctor.
AlAd_ Address :
Address :
• Date Hospitalized :
Date of Treatment:
Doctor: I Address : Date of Treatment:
READ CAREFULLY
For all accident claims, place on following diagram names Designate location of City vehicle at time of accident by
of streets inciOding North, South, East and West.Indicate "A-1°and location of yourself or your vehicle at the time of
place of accident by "X" and by showing house numbers or the accident by "8-1" and the point of impact by "X."
distances to skeet corners. If a City vehicle was Involved,
designate by letter "A" the location of City vehicle when you NOTE: If diagrams below do not fit the situation, attach
first saw it, and by 13" the location of yourself or your hereto a proper diagram signed by claimant.
vehicle when milt,first saw the City Vehicle.
• .b.,.•
V-43
Sign of CI' mant or person filing on his/her behalf (provided Printed or Typed Name: Date:
relati to ima 2
(t ayi ci
I My, ar,4A0
Al M LED WITH CITY CLERK (Gov.Code ec.915a) PERSO WHO KNOWINGLY
SA ALSE UDULENT CLAIM FOR THE PAYMENT OF A L SS IS GUIL OF A CRIME AND
UBJECT TO NES AND CONFINEMENT,IN STATE PRISON.
Page 2 of 2
21CV003635
FILE WITH:I (RESERVE FOR FLUNG STAMP)
CITY CLERICS OFFICE
CLAIM NO.
200 Lincoln Avenue
(Assigned by Otyl
Salinas, California 93901
•
CITY OF SALINAs
i City of Salinas ri-r. r.
`.-^,
ClIrAIM FOR DAMAGES TO PERSON OR PROPERTY
: INSTRUCTIONS
cinfCLERKS OFFICE
1.Claims • death,Injury to person or to personal property must be filed not later than
six m after the occurrence.(Gov.Code Sec.911.2.)
2.Claims damages to real property must be Med not later than 1 year after the
occurs+.(Gov.Code Sec.911.2)
3.Read entire claim form before filing.
4.See pagfi 2 for diagram upon which to locate place of accident,damage,or injury.
S.This claim form must be sighed on page 2 at bottom.
6.Mach separate sheets,if necessary,to give full detalts. SIGN EACH SHEET.
7.Attach supporting documentation such as estimates or invoices.
8.Presentation of a false claim is a Felony (Penal Code Sec.72)
9.Asterisk (11 denotes information required by law.(Gov.Code Sec.910)
10.Double asterisks(e)denote information required for bodily injury claims prior to settlement
for compliarice with federal law,Center for Medicare,a Medicaid Services repay.
Da. of 1310 of Claimant:
• Name of C ImaM:k S ki & 3( t A )
•:9c1( 11 17
' Address of Cla t ta_ City, Statei si Zia tode: Dial
iSata. VII'0 i 2:3
' Address of and telephone number to wham claimant d Ires ncrUces or e Telephone Nur; lar csko)
'MR :4-
uni lions.sq r garding this claim: nil
v-412.45( 0. 13•I ectiA,1 4e
Select: vaoar4lusiness Telephone Number:
aF ale
litki ha -Vt -g-1
/
47
• When did CAMAGE or INJURY orris? Names of anyeity employee in Ned in INJURY
Date: Time: or DAMA : ctikez -Yelp
R
" Where di
ZASZP ccri le\
DAMAGE or INJURY occur? Describe fully,and loca a on liagram on reverse side of this sheet. Where
appropriate, 'ye street names, asses d sun 'vents from landmarks: Uk tei
14 to .4\koLANN I f "Or C 4".• - '''' C'lit°1/4-k43-1--
4--ni iAs'crc_ciAcile_- See
Describe t detai how the DAMAGE or JURI occurred ...
6
• -.
b '
-,.. 4 % Y\ er
1/4utfr TBlrinn&
• .youci t v.
pm the CittmnsihreetNairaj
a- c b
oy.00.4_
lit
,ths es, e x hassbli lk. A A _ kisj
ev-
i
‘
Cl-A-LALAS-rc a ak---N
Describe in d each INJURY or DAMAGE (a photog phs if fable
fisat-&4 1 • "a f-
• , \r‘ In i 11\4 5VetiKV
fY \
Nr- 1.it i V-0 -a _,f 'IC i&
° THIS CLAIN( M T BE SIGNED ON PAGE 2
I
Page 1 of 2
21CV003635
• The amount Vaned,as of the date of presentation of this claim,is computed as
follows: i
Damages ',cuffed to date (exact):
Damage td property S
Expenses for medical and hospital care S
Loss of settlings S 0
Other demean (please describe): S • 1/ v1
4/)14
/ 6:k. catk iv
C"A /A
Total damages Incurred to date $ge125 a PM "c13
Total amount claimed as of date of presentation of this claim
$;-----et
Was damage and/or injury investigated by police? mYes 0 No If so,what city? SOD
Were paramedics or ambulance called? $. s0 No If so,name city or ambulance se A
If injured,state date,time,name and address of doctor of your first visit: j...) Me_
WITNESSES to DAMff:11111.145y: et all
y- s and ad resses of person;known ta Information:
Name : ..1 Ad ress:
'21 a• tt e
Phone :
Name : Address : Phone :
Name • Address: Phone:
DOCTORS anal HOSPITALS:
i . 1
Hospital: ; N #44..._ Address: Date Hospitalized :
Doctor: Address : Date of Treatment :
Doctor: Address ' Date of Treatment:
READ CAREFULLY
For all accideiit claims, place on following diagram names Designate location of City vehicle at time of accident by
of streets inclUding North, South, East and West. Indicate "A-V and location of yourself or your vehicle at the time of
place of accident by "X" and by showing house numbers or the accident by "B-1" and the point of impact by 'X."
distances to sweet corners. If a City vehicle was involved,
designate by letter "A" the location of City vehicle when you NOTE: If diagrams below do not fit the situation, attach
first saw it, and by "B" the location of yourself or your hereto a proper diagram signed by claimant
vehicle when you first saw the City Vehicle.
i
/ 1 L_de
CURS
=Mr;
1 ".. YZIE-
ilk&
/ t
Signa of C :mant or person filing on his/her behalf (provided Printed or Typed Name: Date:
relati •to Irritant): ti
• AI S FIL ITH CITY CLE
Y WI_
K(Gov.Code Sec.915a). Y PERSO WHO kNO IN LY
• A FALSE OR UDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND
SUBJECT TO FIN AND CONFINEMENT IN STATE PRISON.
Page 2 of 2
21CV003635
Exhibit 2
21CV003635
City of Salinas
Office of the City Attorney
200 Lincoln Avenue
Salinas,CA 93901
May 24,2021
Louie Montano III
C/O Jose Angel Velasquez,Sr.
137 Central Avenue,Suite 7
Salinas,CA 93901
RE. Ctaim of Montano-III- — --
Dear Mr.Montano III:
NOTICE IS HEREBY G ti that the claim for damages you presented to the CITY OF SALINAS on April 23,
2021 was rejected on May 24,2021.
WARNING
Subject to certain exceptions,you have only six(6) months from the date this notice was personally delivered or
deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek
the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney,you
should do so immediately.
As allowed by California Code of Civil Procedure Sections 128.5 and 1038,the CITY OF SALINAS will seek to
recover all incurred costs and attorney fees from you and your attorney should you ultimately serve the CITY OF
SALINAS with a lawsuit and it is later determined the suit was not brought in good faith or on reasonable grounds.
If you feel you must name the CITY OF SALINAS in the lawsuit to protect yourself, we urge you not to serve
the CITY OF SALINAS with a summons and complaint until you are
Preview
1 LAW OFFICES OF JOHN A. HAUSER By: LAURIE J. ELZA, State Bar No.: 284903 2 One Pointe Drive, 6th Floor, 3 Brea, CA 92821 Phone: (714) 571-0407 / Fax: (877) 369-5799 4 Direct: (714) 371-2311 E-Mail: laurie.elza@thehartford.com 5 Mailing Address: P.O. Box 2282, Brea, CA 92822-2282 6 Attorneys for Defendant, NTN PROPERTIES LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF MONTEREY 10 11 LOUIS MONTANO, JR.; LOUIE ) CASE NO. 21CV003635 MONTANO III; and MICHAEL MONTANO, ) 12 ) JUDGE: Hon. Carrie M. Panetta 13 Plaintiff, ) DEPT.: 14 ) 14 vs. ) DEFENDANT NTN PROPERTIES ) LLC'S ANSWER TO UNVERIFIED 15 CITY OF SALINAS; GINO'S ) COMPLAINT 16 RESTAURANT, INC.; GINO'S FINE ) ITALIAN FOOD, INC.; BLFA PROPERTIES ) 17 LLC; NTN PROPERTIES LLC; NGOCHAO ) Date Action Filed: 11/16/2021 THI NGUYEN; RALPH BOZZO; ROSAURA ) Trial Date: 5/1/2023 18 ARCOS PANIAGUA; AUSTIN ALARCON; ) 19 and DOES 1-35, ) ) 20 Defendants. ) _____________________________________ ) 21 ) 22 AND ALL RELATED CROSS ACTIONS ) _____________________________________ / 23 24 Defendant NTN PROPERTIES LLC admits, denies, and alleges as follows: 25 1. Under the provisions of Section 431.30(d) of the California Code of Civil Procedure, 26 this answering Defendant denies each and every and all of the allegations of the Plaintiffs' 27 Complaint, and the whole thereof; and denies that Plaintiffs sustained damages in any sum or 28 sums alleged, or any sum at all. 1 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED COMPLAINT 1 FOR A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE: 2 This answering Defendant alleges that if Plaintiffs are entitled to a joint judgment against 3 this answering Defendant and the remaining Defendants, and each of them, this answering 4 Defendant prays that this court order each of the judgment debtors to pay to Plaintiffs their 5 proportionate share of joint judgment, the judgment debtor's proportionate share having been 6 determined by the trier of fact; and if this answering Defendant is required to pay to Plaintiffs a 7 disproportionate share of each joint judgment, this answering Defendant prays leave of this court 8 to seek contribution by motion against any other judgment debtor not paying the proportionate 9 share allocated to any such Defendant by the trier of fact. 10 FOR A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE: 11 This answering Defendant alleges that the injuries sustained by Plaintiffs, if any, were 12 either wholly or in part negligently caused by persons, firms, corporations, or entities other than 13 this answering Defendant, and said negligence is either imputed to Plaintiffs by reason of the 14 relationship of said parties to Plaintiffs, and/or said negligence comparatively reduces the 15 percentage of negligence, if any, by this answering Defendant. 16 FOR A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE: 17 This answering Defendant is informed and believes, and thereon alleges that if, in fact, 18 Plaintiffs were damaged in any manner whatsoever, that said damage, if any, was a direct and 19 proximate result of the intervening and superseding actions, both criminal and non-criminal, on 20 the part of other parties, and not of this answering Defendant, and that such intervening and 21 superseding actions of said other parties bar recovery herein on behalf of Plaintiffs. 22 FOR A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE: 23 This answering Defendant is informed and believes, and thereon alleges, that this 24 answering Defendant is entitled to a right of indemnification by apportionment against all other 25 parties and persons whose negligence contributed proximately to the happenings of the claimed 26 incident or alleged injuries. 27 FOR AN FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE: 28 This answering Defendant is informed and believes, and thereon alleges, that this 2 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED COMPLAINT 1 answering Defendant is entitled to a right of contribution from any person whose negligence 2 proximately contributed to the happenings of the claimed incident or alleged injuries, if said 3 Plaintiffs should receive a verdict against this answering Defendant. 4 FOR A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE; 5 This answering Defendant is informed and believes, and upon such information and 6 belief thereon alleges, that at the time and place alleged in the Complaint on file herein, Plaintiffs 7 were aware of certain dangers and risks that were apparent; that Plaintiffs did knowingly and 8 voluntarily assume and expose themselves to said known risks which proximately caused and 9 contributed to the damages, and injuries, if any, referred to in said Complaint, and thereby should 10 be barred from recovery. 11 FOR A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE: 12 This answering Defendant is informed and believes, and based upon said information and 13 belief thereon alleges, that at the time of the incident described in said Complaint on file herein, 14 Plaintiffs failed to mitigate their damages, with such failure causing and contributing to cause 15 further injury and damages. 16 FOR AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE: 17 This answering Defendant is informed and believes, and upon such information and 18 belief thereon alleges, that at the time and place alleged in the Complaint on file herein, that the 19 alleged defect or hazard made the basis of Plaintiffs’ Complaint was an open and obvious 20 condition known to Plaintiffs at and before the claimed incident. 21 FOR A NINTH, SEPARATE AND AFFIRMATIVE DEFENSE: 22 This answering Defendant is informed and believes, and upon such information and 23 belief thereon alleges, that at the time and place alleged in the Complaint on file herein, that 24 Defendant had no actual or constructive knowledge of the alleged defect or hazard made the 25 basis of Plaintiffs’ Complaint, and third party actors’ failure to use reasonable care and/or not 26 violate the law. 27 FOR A TENTH, SEPARATE AND AFFIRMATIVE DEFENSE: 28 This answering Defendant is informed and believes, and upon such information and 3 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED COMPLAINT 1 belief thereon alleges, that at the time and place alleged in the Complaint on file herein, that 2 Plaintiffs’ respective injuries and damages, in whole or in part, were caused by pre-existing 3 conditions or injuries which were not exacerbated or caused by the claimed incident. 4 FOR AN ELEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE: 5 This answering Defendant is informed and believes, and upon such information and 6 belief thereon alleges, that at the time and place alleged in the Complaint on file herein, that 7 Plaintiffs’ respective injuries and damages, in whole or in part, were caused by pre-existing 8 conditions or injuries which were not exacerbated or caused by the claimed incident. 9 WHEREFORE, having fully answered, this answering Defendant prays that Plaintiffs 10 take nothing by said Complaint, but that this answering Defendant have and recover judgment 11 herein against Plaintiffs for costs incurred herein, and for such other and further relief as this 12 court may deem just and proper. 13 Dated: July 14, 2022 LAW OFFICES OF JOHN A. HAUSER 14 BY: ___________________________ 15 LAURIE J. ELZA 16 Attorneys for Defendant, NTN PROPERTIES LLC 17 18 19 20 21 22 23 24 25 26 27 28 4 _____________________________________________________________________________________________ DEFENDANT NTN PROPERTIES LLC'S ANSWER TO UNVERIFIED COMPLAINT EXHIBIT A FILE WITH: 6 }.1.1 N4 4 , (RESERVE FOR FILING STAMP) CITY CLERK'S OFFICE * CLAIM NO. 200 Lincoln Avenue (Assigned by City) Salinas, California 93901 1C 1 44-irolot City of Salinas CLAIM FOR DAMAGES TO PERSON OR PROPERTY RE VED INSTRUCTIONS SALINAS 1.Claims for death,injury to person or to personal property must be filed not later than CITY OF CEI six months after the occurrence.(Gov.Code Sec.911.2.) 2.Claims for damages to real property must be filed not later than 1 year after the JUL 1 3 2022 occurrence.(Gov.Code Sec.911.2) 3.Read entire claim form before filing. 4.See page 2 for diagram upon which to locate place of accident,damage,or injury CITY CLERK 5.This claim form must be signed on page 2 at bottom. 6.Attach separate sheets,if necessary,to give full details. SIGN EACH SHEET. 7.Attach supporting documentation such as estimates or invoices. 8.Presentation of a false claim is a Felony (Penal Code Sec.72) 9.Asterisk (*)denotes information required by law.(Gov.Code Sec.910) 10.Double asterisks (**) denote information required for bodily injury claims prior to settlement for compliance with federal law, Center for Medicare, and Medicaid Services repay. * Name of Claimant: NTN PROPERTIES,LLC **Date of Birth of Claimant: * Address of Claimant: City, State, and Zip Code: Occupation of Claimant: Law Offices of John Hauser,One Pointe Dr. 6th Floor, Brea, CA 92821 * Address of and telephone number to which claimant desires notices or Home Telephone Number: communications sent regarding this claim: Law Offices of John Hauser, ATTN: Laurie J. Elza, PO Box 2282, Brea, CA 92822-2282 n/a ** Select: Business Telephone Number: o Female 714.371.2311 o Male * When did DAMAGE or INJURY occur? Names of any City employee involved in INJURY Date: 11.19.2020 Time: 8:15 p.m. or DAMAGE: Unknown Salinas police officers * Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate,give street names,addresses and measurements from landmarks: 1410 S.Main Street, Salinas, CA at Gino's Italian Restaurant. * Describe in detail how the DAMAGE or INJURY occurred: A Salinas police officer vehicle pursuit resulted in the suspect's vehicle leaving the road way and entering the outdoor dining area of the restaurant; causing personal injuries to three men who have now sued NTN for their damages.Attached as Exhibit A to this Claim are each plaintiffs notice of claim to the City. * Why do,you claim the City is responsible? Plaintiffs contend in their lawsuit against the City of Salinas that the City's acts and omissions caused or contributed to cause their damages. The lawsuit was filed on 11.16.2021 in Monterey Superior Court with William R.Price, Esq., answering for and representing the City. NTN seeks contribution and equitable/implied indemnity from the Gy. Describe in detail each INJURY or DAMAGE (attach photographs if available): Attached as Exhibit A to this Claim are each plaintiffs notice of claim to the City, which is the sole information in NTN's possession on this issue. THIS CLAIM MUST BE SIGNED ON PAGE 2 Page 1 of 2 * The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Damage to property $ Expenses for medical and hospital care ..$_________ Loss of earnings .....$ _________ Other damages (please describe): $ _________ Total damages incurred to date $ Unknown Unknown Total amou nt claimed as of date of presentation of this claim .................$___________ Was damage and/or injury investigated by police? ❑x Yes ❑ No If so, what city? Salinas Were paramedics or ambulance called? ❑x Yes ❑ No If so, name city or ambulance service: Unknown see Exhibit A If injured, state date, time, name and address of doctor of your first visit: _________________ WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name : Address : Phone : Name : Address : Phone : Name : Address : Phone : DOCTORS and HOSPITALS: Hospital: Address : Date Hospitalized : Doctor: Address : Date of Treatment : Doctor: Address : Date of Treatment : READ CAREFULLY For all accident claims, place on following diagram names Designate location of City vehicle at time of accident by of streets including North, South, East and West. Indicate "A-1" and location of yourself or your vehicle at the time of place of accident by .x , and by showing house numbers or the accident by "B-1" and the point of impact by „x " distances to street corners. If a City vehicle was involved, designate by letter ..A n the location of City vehicle when you NOTE: If diagrams below do not fit the situation, attach „B" firstsaw it,and by the location of yourself or your hereto a proper diagram signed by claimant. vehicle when you first saw the City Vehicle. SIOEWAu< 1 •••.. cupe—; PAP KWAY T s10 EWA LX .-....'N I.•••• / Signature of Claimant or person filing on his/her behalf (provided Printed or Typed Name: Date: relationship to Claimant): 7.13.2022 Laurie J. Elza, Attorney for NTN Properties, LLC. NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code Sec. 915a). ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. Page 2 of 2 EXHIBIT A 21CV003635 Exhibit 1 21CV003635 _err, FILE WITH: t. (RESERVE FOR FILING STAMP) CITY CLERK'S OFFICE CLAIM NO. 200 Lincoln Avenue (Assigned by City) Salinas, California 93901 MY OF SALINAS City of Salinas APR 2 8 ar ts' CLAIM FOR DAMAGES TO PERSON OR PROPERTY CITY CLERKS OFFICE INSTRUCTIONS 1.Claims for death,injury to person or to personal property must be filed not later than six months after the occurrence.(Gov.Code Sec.911.2.) 2.Claims fOr damages to real property must be filed not later than 1 year after the occurrence.(Gov.Code Sec.911.2) 3.Read entire claim form before filing. 4.See page 2 for diagram upon which to locate place of accident,damage,or injury. 5.This claim form must be signed on page 2 at bottom. 6.Attach separate sheets,if necessary,to give 11.41 details. SIGN EACH SHEET. 7.Math supporting documentation such as estimates or invoices. 8.Presentation of a false claim is a Felony(Penal Code Sec.72) 9.Asterisk (')denotes information required by law.(Gov.Code Sec.910) 101:Mut:fie asterisks(")denote information required for bodily injury claims prior to settlement for compliance with federal law,Center for Medicare,and Medicaid Services repay. f Claimant: • Name of Claimant mite_ HpAkkk&-c> ILL !2/ "Date 8 f 'V S— ' Address of Cl 'manta City,State.and Mo Code: Orztriof dr: IPS12— - Address of an Ws -A) 1^.il_daa( ephone number to which claimant 4, ,i-v zti fires notices or i2 ?) Ho Telephone Number • ocm t Ons sent lidos rding this claim: rt --'7 • 0.0. Thsse * < ** Select Business Telephone Number: ' "••4;2- tkti.aparimp i o Female .,..---. sagytale ri3i°4-/-1•3/ 4 --5etcb' * When did DAMAGE or INJURY occur? Names of any employ involv d in INJMY Date: Time: or DAMA E: cwo ItitqL202z) wv‘. i IVI:tat • Where Id DA ces•cc--W\ CiAzY0 AGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Wh appropriate, five stnet a dresses nd mea urements from landmarks: .. 141 0. -arts , i • 'Is2igoc-4--Gitk4st Na""` :—(49-Q.Attp, eicast- czao •vD cc pirb in detail ow the DAMAGE or JUR ed:‘iYV occultvN, t \ rs4: ...iti C ean tY1S .V --* • do y_oki aim the Cit re onsible jt r _ C..KA..CG. ` V•010 CR, Describe in d II :Is:T/ ‘Apt..4-. 4. RY or DAMAGE (attach photographs if avai nett. -Q Skr . 4 -12 t 14•44., ilia 6J-44 &MI ••,,,‘6"-tra•;\ 'I'S - -€. it 1-1Z IL C St I 4 THIS CLAM MUST F., NED ON PAGEg t Page 1 of 2 21CV003635 • The amount claimed,as of the date of presentation of this claim,is computed as Mows: Damages incurred to date (exact): Damage to properly $ Expenses or medical and hospital care A Loss of earnings $ _Q._ Other da es(please describe): S i/V-Q LI-a_ kV cco T damages incurred to date S i Total amountclaimed as of data of presentation of this claim s l ieb Was damage iind/or injury investigated by police? El-Ntes 0 No ti so,what city? -Sr) Were parame4ics or ambulance called? &Yes ❑ No If so,name city or ambulancewice: If injured,state! date,time,name and address of doctor of your first visit: j1/ 4.1me.. cf "— WITNESSES ild DAMAGE or INJU : List all ptircaJild ad ses of 0 arsons known to havAirlation: 2D- 1 .0 Name : Address 62_ a Phone : Name : j Address : Phone : Name • i Address : Phone : DOCTORS and HOSPITALS: Hospital: Doctor. AlAd_ Address : Address : • Date Hospitalized : Date of Treatment: Doctor: I Address : Date of Treatment: READ CAREFULLY For all accident claims, place on following diagram names Designate location of City vehicle at time of accident by of streets inciOding North, South, East and West.Indicate "A-1°and location of yourself or your vehicle at the time of place of accident by "X" and by showing house numbers or the accident by "8-1" and the point of impact by "X." distances to skeet corners. If a City vehicle was Involved, designate by letter "A" the location of City vehicle when you NOTE: If diagrams below do not fit the situation, attach first saw it, and by 13" the location of yourself or your hereto a proper diagram signed by claimant. vehicle when milt,first saw the City Vehicle. • .b.,.• V-43 Sign of CI' mant or person filing on his/her behalf (provided Printed or Typed Name: Date: relati to ima 2 (t ayi ci I My, ar,4A0 Al M LED WITH CITY CLERK (Gov.Code ec.915a) PERSO WHO KNOWINGLY SA ALSE UDULENT CLAIM FOR THE PAYMENT OF A L SS IS GUIL OF A CRIME AND UBJECT TO NES AND CONFINEMENT,IN STATE PRISON. Page 2 of 2 21CV003635 FILE WITH:I (RESERVE FOR FLUNG STAMP) CITY CLERICS OFFICE CLAIM NO. 200 Lincoln Avenue (Assigned by Otyl Salinas, California 93901 • CITY OF SALINAs i City of Salinas ri-r. r. `.-^, ClIrAIM FOR DAMAGES TO PERSON OR PROPERTY : INSTRUCTIONS cinfCLERKS OFFICE 1.Claims • death,Injury to person or to personal property must be filed not later than six m after the occurrence.(Gov.Code Sec.911.2.) 2.Claims damages to real property must be Med not later than 1 year after the occurs+.(Gov.Code Sec.911.2) 3.Read entire claim form before filing. 4.See pagfi 2 for diagram upon which to locate place of accident,damage,or injury. S.This claim form must be sighed on page 2 at bottom. 6.Mach separate sheets,if necessary,to give full detalts. SIGN EACH SHEET. 7.Attach supporting documentation such as estimates or invoices. 8.Presentation of a false claim is a Felony (Penal Code Sec.72) 9.Asterisk (11 denotes information required by law.(Gov.Code Sec.910) 10.Double asterisks(e)denote information required for bodily injury claims prior to settlement for compliarice with federal law,Center for Medicare,a Medicaid Services repay. Da. of 1310 of Claimant: • Name of C ImaM:k S ki & 3( t A ) •:9c1( 11 17 ' Address of Cla t ta_ City, Statei si Zia tode: Dial iSata. VII'0 i 2:3 ' Address of and telephone number to wham claimant d Ires ncrUces or e Telephone Nur; lar csko) 'MR :4- uni lions.sq r garding this claim: nil v-412.45( 0. 13•I ectiA,1 4e Select: vaoar4lusiness Telephone Number: aF ale litki ha -Vt -g-1 / 47 • When did CAMAGE or INJURY orris? Names of anyeity employee in Ned in INJURY Date: Time: or DAMA : ctikez -Yelp R " Where di ZASZP ccri le\ DAMAGE or INJURY occur? Describe fully,and loca a on liagram on reverse side of this sheet. Where appropriate, 'ye street names, asses d sun 'vents from landmarks: Uk tei 14 to .4\koLANN I f "Or C 4".• - '''' C'lit°1/4-k43-1-- 4--ni iAs'crc_ciAcile_- See Describe t detai how the DAMAGE or JURI occurred ... 6 • -. b ' -,.. 4 % Y\ er 1/4utfr TBlrinn& • .youci t v. pm the CittmnsihreetNairaj a- c b oy.00.4_ lit ,ths es, e x hassbli lk. A A _ kisj ev- i ‘ Cl-A-LALAS-rc a ak---N Describe in d each INJURY or DAMAGE (a photog phs if fable fisat-&4 1 • "a f- • , \r‘ In i 11\4 5VetiKV fY \ Nr- 1.it i V-0 -a _,f 'IC i& ° THIS CLAIN( M T BE SIGNED ON PAGE 2 I Page 1 of 2 21CV003635 • The amount Vaned,as of the date of presentation of this claim,is computed as follows: i Damages ',cuffed to date (exact): Damage td property S Expenses for medical and hospital care S Loss of settlings S 0 Other demean (please describe): S • 1/ v1 4/)14 / 6:k. catk iv C"A /A Total damages Incurred to date $ge125 a PM "c13 Total amount claimed as of date of presentation of this claim $;-----et Was damage and/or injury investigated by police? mYes 0 No If so,what city? SOD Were paramedics or ambulance called? $. s0 No If so,name city or ambulance se A If injured,state date,time,name and address of doctor of your first visit: j...) Me_ WITNESSES to DAMff:11111.145y: et all y- s and ad resses of person;known ta Information: Name : ..1 Ad ress: '21 a• tt e Phone : Name : Address : Phone : Name • Address: Phone: DOCTORS anal HOSPITALS: i . 1 Hospital: ; N #44..._ Address: Date Hospitalized : Doctor: Address : Date of Treatment : Doctor: Address ' Date of Treatment: READ CAREFULLY For all accideiit claims, place on following diagram names Designate location of City vehicle at time of accident by of streets inclUding North, South, East and West. Indicate "A-V and location of yourself or your vehicle at the time of place of accident by "X" and by showing house numbers or the accident by "B-1" and the point of impact by 'X." distances to sweet corners. If a City vehicle was involved, designate by letter "A" the location of City vehicle when you NOTE: If diagrams below do not fit the situation, attach first saw it, and by "B" the location of yourself or your hereto a proper diagram signed by claimant vehicle when you first saw the City Vehicle. i / 1 L_de CURS =Mr; 1 ".. YZIE- ilk& / t Signa of C :mant or person filing on his/her behalf (provided Printed or Typed Name: Date: relati •to Irritant): ti • AI S FIL ITH CITY CLE Y WI_ K(Gov.Code Sec.915a). Y PERSO WHO kNO IN LY • A FALSE OR UDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND SUBJECT TO FIN AND CONFINEMENT IN STATE PRISON. Page 2 of 2 21CV003635 Exhibit 2 21CV003635 City of Salinas Office of the City Attorney 200 Lincoln Avenue Salinas,CA 93901 May 24,2021 Louie Montano III C/O Jose Angel Velasquez,Sr. 137 Central Avenue,Suite 7 Salinas,CA 93901 RE. Ctaim of Montano-III- — -- Dear Mr.Montano III: NOTICE IS HEREBY G ti that the claim for damages you presented to the CITY OF SALINAS on April 23, 2021 was rejected on May 24,2021. WARNING Subject to certain exceptions,you have only six(6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney,you should do so immediately. As allowed by California Code of Civil Procedure Sections 128.5 and 1038,the CITY OF SALINAS will seek to recover all incurred costs and attorney fees from you and your attorney should you ultimately serve the CITY OF SALINAS with a lawsuit and it is later determined the suit was not brought in good faith or on reasonable grounds. If you feel you must name the CITY OF SALINAS in the lawsuit to protect yourself, we urge you not to serve the CITY OF SALINAS with a summons and complaint until you are