Preview
1 LEWIS BRISBOIS BISGAARD & SMITH LLP
MATT D. ZUMSTEIN, SB# 201306
2 E-Mail: Matthew.Zumstein@lewisbrisbois.com
JESSICA WAHL, SB# 321887
3 Email: Jessica.Wahl@lewisbrisbois.com
GABRIEL G. ABEBE, SB# 325376
4 E-Mail: Gabriel.Abebe@lewisbrisbois.com
2185 North California Boulevard, Suite 300
5 Walnut Creek, California 94596
Telephone: 925.357.3456
6 Facsimile: 925.478.3260
7 Attorneys for Cross-Complainants and Cross-
Defendants GINO’S FINE ITALIAN
8 RESTAURANT, INC. AND NGOCHAO THI
NGUYEN
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
COUNTY OF MONTEREY
12
13
LOUIS MONTANO, JR.; LOUIE Case No. 21CV003635
14 MONTANO III; and MICHAEL MONTANO,
CROSS-COMPLAINANTS GINO’S FINE
15 Plaintiffs, ITALIAN RESTAURANT, INC., AND
NGOCHAO THI NGUYEN’S CROSS-
16 vs. COMPLAINT FOR INDEMNITY,
CONTRIBUTION AND DECLARATORY
17 CITY OF SALINAS; GINO’S RELIEF AGAINST CROSS-DEFENDANT
RESTAURANT, INC.; GINO’S FINE CITY OF SALINAS
18 ITALIAN FOOD, INC.; BLFA PROPERTIES
LLC; NTN PROPERTIES LLC; NGOCHAO Action Filed: November 16, 2021
19 THI NGUYEN; RALPH BOZZO; ROSAURA Trial Date: May 1, 2023
ARCOS PANIAGUA; AUSTIN ALARCON;
20 and DOES 1-35,
21 Defendants
22 GINO’S FINE ITALIAN RESTAURANT,
INC. AND NGOCHAO THI NGUYEN,
23
Cross-Complainants,
24
V,
25
CITY OF SALINAS, and ROES 1-35,
26
Cross-Defendants
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LEWIS 4861-3264-7210.1
a
1
BRISBOIS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT
BISGAARD
& SMITH LLP FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT
ATTORNEYS AT LAW CITY OF SALINAS
1 Cross-Complainants GINO’S FINE ITALIAN RESTAURANT and NGOCHAO THI
2 NGUYEN (hereinafter referred to as “Cross-Complainants”) complain and allege against Cross-
3 Defendants CITY OF SALINAS, and ROES 1-35 (hereinafter collectively referred to as “Cross-
4 Defendants”) as follows:
5 GENERAL ALLEGATIONS
6 1. Now pending in the Superior Court of the State of California, County of Santa Cruz,
7 is a Complaint filed by Plaintiffs LOUIS MONTANO, JR., LOUIE MONTANO III, and MICHAEL
8 MONTANO (“Plaintiffs”), Case No. 21CV003635. The allegations of Plaintiffs’ Complaint, being
9 expressly denied by Defendants, are hereby incorporated into this Cross-Complaint by reference,
10 solely for the purpose of showing the nature of the claims made therein and to identify the parties.
11 2. Cross-Complainants are informed and believe that Cross-Defendants are and at all
12 times relevant herein resided in the State of California within the jurisdictional limits of the Court.
13 3. The names and capacities, whether individual, corporate, associate, or otherwise of
14 Cross-Defendants ROES 1 through 35, inclusive, are unknown to Cross-Complainants, who
15 therefore sue said Cross-Defendants by such fictitious names. Cross-Complainants are informed and
16 believe and thereupon allege that each of the fictitiously named Cross-Defendants are legally
17 responsible in some manner for the injuries and damages alleged herein and, therefore, Cross-
18 Complainants request that when the true names and capacities of such fictitiously named Cross-
19 Defendants are ascertained, it be permitted to insert the names herein.
20 4. An actual and present controversy exists between Cross-Complainants and Cross-
21 Defendants. Cross-Complainants deny the allegations contained in the Plaintiffs’ Complaint, but if
22 found to be true, the happenings and events referred to in said Complaint were created solely by the
23 acts, negligence and/or willful conduct of the Cross-Defendants and/or others.
24 FIRST CAUSE OF ACTION
25 EQUITABLE INDEMNITY
26 5. Cross-Complainants incorporate by reference each and every paragraph of this
27 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein.
28
LEWIS 4861-3264-7210.1 2
BRISBOIS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT
BISGAARD
& SMITH LLP FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT
ATTORNEYS AT LAW CITY OF SALINAS
1 6. Cross-Complainants are informed and believe and on that basis allege that if Cross-
2 Complainants are found liable to Plaintiffs in any amount, it will be due solely to the passive fault
3 and secondary actions of Cross-Complainants; whereas Cross-Defendant and/or ROES were
4 actively negligent and primarily responsible for the damages, if any, for which Plaintiffs and Cross-
5 Complainants complain.
6 7. If it is found that Cross-Complainants are liable to Plaintiffs by reason of those
7 things set forth herein above, then, in that event, Cross-Complainants are entitled to be
8 indemnified and held harmless under the principles of equitable indemnity by Cross-Defendants
9 either from all damages or from a percentage based upon principles of comparative indemnity and
10 comparative fault, including but not limited to costs and expenses in defending the within action,
11 and attorneys’ fees and other expenses incurred in connection therewith.
12 8. Cross-Complainants have suffered, and will continue to suffer, actual damages in
13 an amount to be determined at trial as a direct and proximate result of the wrongful and legally
14 culpable conduct of Cross-Defendants as herein alleged. Such damages include, but are not limited
15 to, legal fees and costs necessarily incurred, and to be incurred, in defending the aforementioned
16 action and said Cross-Complaints filed by Cross-Defendants arising therefrom, and in pursuing the
17 remedies sought by Cross-Complainants. All of the aforementioned damages are the legal and/or
18 proximate result of the active, direct, or primary wrongful conduct of Cross-Defendants or their
19 agents, employees or representatives as alleged herein.
20 SECOND CAUSE OF ACTION
21 IMPLIED INDEMNITY
22 9. Cross-Complainants incorporate by reference each and every paragraph of this
23 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein.
24 10. Cross-Complainants are informed and believe and thereon allege that Cross-
25 Defendants were responsible in whole or in part, for the injuries, if any, suffered by Plaintiffs.
26 11. Cross-Complainants have been required to act in the protection of Cross-
27 Complainants’ interests by defending itself in the present action by Plaintiffs. Cross-Complainants
28 are without fault in this controversy and therefore request attorneys’ fees, costs and expenses
LEWIS 4861-3264-7210.1 3
BRISBOIS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT
BISGAARD
& SMITH LLP FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT
ATTORNEYS AT LAW CITY OF SALINAS
1 incurred from Cross-Defendants and the ROE Cross-Defendants 1-35, inclusive, and each of them.
2 THIRD CAUSE OF ACTION
3 COMPARATIVE FAULT
4 12. Cross-Complainants incorporate by reference each and every paragraph of this
5 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein.
6 13. Should Cross-Complainants be held liable to Plaintiffs for the alleged injuries and
7 damages as prayed for in the main action, then under the doctrine of comparative contribution,
8 Cross-Complainants are entitled to contribution from the Cross-Defendants, and each of them, on
9 the basis of the relative fault that each bear to the total damages awarded or received by Plaintiffs
10 by way of judgment or settlement entered into in good faith
11 FOURTH CAUSE OF ACTION
12 DECLARATORY RELIEF
13 14. Cross-Complainants incorporate by reference each and every paragraph of this
14 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein.
15 15. An actual controversy exists between Cross-Complainants and Cross-Defendants,
16 and each of them, as follows: Cross-Complainants contend that between itself and Cross-
17 Defendants, Cross-Complainants’ responsibilities, if any, for the damages alleged by Plaintiffs rest
18 primarily and ultimately upon said Cross-Defendants. In the alternative, Cross-Complainants
19 contends that the alleged injuries and damages suffered by Plaintiffs were contributed to by the
20 active negligence, carelessness, or other tortious conduct by Cross-Defendants, or others.
21 16. Cross-Complainants desire a judicial determination of its rights, duties, and
22 obligations with respect to the claims of Cross-Defendants, and each of them.
23 17. Such a determination is necessary and proper at this time in order that Cross-
24 Complainants may ascertain its rights and duties with respect to the claims of Cross-Defendants,
25 and each of them.
26 WHEREFORE, Cross-Complainants pray for judgment against Cross-Defendants as
27 follows:
28
LEWIS 4861-3264-7210.1 4
BRISBOIS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT
BISGAARD
& SMITH LLP FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT
ATTORNEYS AT LAW CITY OF SALINAS
1 1. For judgment against Cross-Defendants declaring that the liability for the damages
2 alleged by Plaintiff must be borne proportionally on a pro rata basis by Cross-Defendants, Plaintiffs,
3 or any other Defendants exclusive of Cross-Complainants, and;
4 2. For judgment against Cross-Defendants declaring that Cross-Defendants are under a
5 duty to contribute and indemnify Cross-Complainants in the full amount of any judgment entered
6 or in proportion to its own comparative responsibility for any damages Plaintiffs might realize
7 against Cross-Complainants;
8 3. For costs of suit and attorneys’ fees according to proof;
9 4. For such other and further relief as is fair, just, and equitable.
10 DATED: July 21, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP
11
By:
12
MATTHEW ZUMSTEIN
13 JESSICA WAHL
Attorneys for Defendants GINO’S FINE
14 ITALIAN RESTAURANT, INC. and NGOCHAO
THI NGUYEN
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LEWIS 4861-3264-7210.1 5
BRISBOIS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT
BISGAARD
& SMITH LLP FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT
ATTORNEYS AT LAW CITY OF SALINAS
1 CALIFORNIA STATE COURT PROOF OF SERVICE
Louis Montano, Jr., et al. v. City of Salinas, et al.
2 Monterey County Superior Court Case No. 21CV003635
3 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA
4 At the time of service, I was over 18 years of age and not a party to this action. My
business address is 2185 North California Boulevard, Suite 300, Walnut Creek, CA 94596.
5
On July 21, 2022, I served true copies of the following document(s): CROSS-
6 COMPLAINANTS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI
NGUYEN’S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION AND
7 DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY OF SALINAS
8 I served the documents on the following persons at the following addresses (including fax
numbers and e-mail addresses, if applicable):
9
SEE ATTACHED SERVICE LIST
10
The documents were served by the following means:
11
(BY ELECTRONIC TRANSMISSION ONLY) Only by e-mailing the document(s) to the
12 persons at the e-mail address(es) listed above based on confirmation from counsel pursuant
to CCP 1010.6(e). No electronic message or other indication that the transmission was
13 unsuccessful was received within a reasonable time after the transmission.
14 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
15
Executed on July 21, 2022, at Walnut Creek, California.
16
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18 Izie M. Hudson
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LEWIS
BRISBOIS
BISGAARD
& SMITH LLP
4861-3264-7210.1 1
ATTORNEYS AT LAW PROOF OF SERVICE
1 SERVICE LIST
Louis Montano, Jr., et al. v. City of Salinas, et al.
2 Monterey County Superior Court Case No. 21CV003635
3 Sergio Cardenas, Esq. Attorneys for Plaintiffs
GREENBERG AND RUBY LOUIS MONTANO, JR., LOUIE MONTANO
4 6100 Wilshire Boulevard, Suite 1170 III, AND MICHAEL MONTANO
Los Angeles, CA 90048
5 Tel: 323.782.0535
Fax: 323.782.0543
6 Email: scardenas@calrialpros.com
7
Richard C. Alpers Attorneys for Plaintiffs
8 ALBERS LAW GROUP, INC. LOUIS MONTANO, JR., LOUIE MONTANO
PO Box 1540 III, AND MICHAEL MONTANO
9 Aptos, CA 95001
Tel: 855.808.1174
10 Fax: 855.870.1129
Email: rca@alperslawgroup.com
11 clerk@alperslawgroup.com
12 Christopher A. Callihan, Esq. Attorneys for Defendant
CITY OF SALINAS, OFFICE OF THE CITY CITY OF SALINAS
13 ATTORNEY
200 Lincoln Avenue Tel: (831) 758-7073 (direct)
14 Salinas, CA 93901-2639 Fax: (831) 758-7257
Email: chrisc@ci.salinas.ca.us
15
William R. Price, Esq. Co Counsel for Defendant
16 Lisa Shaw, Paralegal CITY OF SALINAS
LAW OFFICES OF WILLIAM R. PRICE
17 12636 High Bluff Dr., Suite 400 Tel: (858) 888-0588
San Diego, CA 92130 Emails: wprice@williamrprice.com;
18 lshaw@williamrprice.com
19 James J. Cook, Esq. Attorneys for Defendants
HORAN | LLOYD, APC. RALPH BOZZO; BLFA PROPERTIES, LLC;
20 26385 Carmel Rancho Blvd., Suite 200 AND GINO'S FINE ITALIAN FOOD, INC.
Carmel, CA 93923
21 Tel: (831) 373-4131
Fax: (831) 373-8302
22 Email: jcook@horanlegal.com
23 Rodney N. Mayr, Esq. Attorneys for Defendants
MAYR LAW FIRM AUSTIN ALARCON AND ROSAURA
24 1010 W. Taylor St. ARCOS PANIAGUA
San Jose, CA 95126
25 Tel: (408) 331-7606
Fax: (669) 266-5612
26 Email: rodney@mayrlawfirm.com
27
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LEWIS
BRISBOIS
BISGAARD
& SMITH LLP
4861-3264-7210.1 1
ATTORNEYS AT LAW SERVICE LIST
Preview
1 LEWIS BRISBOIS BISGAARD & SMITH LLP MATT D. ZUMSTEIN, SB# 201306 2 E-Mail: Matthew.Zumstein@lewisbrisbois.com JESSICA WAHL, SB# 321887 3 Email: Jessica.Wahl@lewisbrisbois.com GABRIEL G. ABEBE, SB# 325376 4 E-Mail: Gabriel.Abebe@lewisbrisbois.com 2185 North California Boulevard, Suite 300 5 Walnut Creek, California 94596 Telephone: 925.357.3456 6 Facsimile: 925.478.3260 7 Attorneys for Cross-Complainants and Cross- Defendants GINO’S FINE ITALIAN 8 RESTAURANT, INC. AND NGOCHAO THI NGUYEN 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF MONTEREY 12 13 LOUIS MONTANO, JR.; LOUIE Case No. 21CV003635 14 MONTANO III; and MICHAEL MONTANO, CROSS-COMPLAINANTS GINO’S FINE 15 Plaintiffs, ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS- 16 vs. COMPLAINT FOR INDEMNITY, CONTRIBUTION AND DECLARATORY 17 CITY OF SALINAS; GINO’S RELIEF AGAINST CROSS-DEFENDANT RESTAURANT, INC.; GINO’S FINE CITY OF SALINAS 18 ITALIAN FOOD, INC.; BLFA PROPERTIES LLC; NTN PROPERTIES LLC; NGOCHAO Action Filed: November 16, 2021 19 THI NGUYEN; RALPH BOZZO; ROSAURA Trial Date: May 1, 2023 ARCOS PANIAGUA; AUSTIN ALARCON; 20 and DOES 1-35, 21 Defendants 22 GINO’S FINE ITALIAN RESTAURANT, INC. AND NGOCHAO THI NGUYEN, 23 Cross-Complainants, 24 V, 25 CITY OF SALINAS, and ROES 1-35, 26 Cross-Defendants 27 28 LEWIS 4861-3264-7210.1 a 1 BRISBOIS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT BISGAARD & SMITH LLP FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT ATTORNEYS AT LAW CITY OF SALINAS 1 Cross-Complainants GINO’S FINE ITALIAN RESTAURANT and NGOCHAO THI 2 NGUYEN (hereinafter referred to as “Cross-Complainants”) complain and allege against Cross- 3 Defendants CITY OF SALINAS, and ROES 1-35 (hereinafter collectively referred to as “Cross- 4 Defendants”) as follows: 5 GENERAL ALLEGATIONS 6 1. Now pending in the Superior Court of the State of California, County of Santa Cruz, 7 is a Complaint filed by Plaintiffs LOUIS MONTANO, JR., LOUIE MONTANO III, and MICHAEL 8 MONTANO (“Plaintiffs”), Case No. 21CV003635. The allegations of Plaintiffs’ Complaint, being 9 expressly denied by Defendants, are hereby incorporated into this Cross-Complaint by reference, 10 solely for the purpose of showing the nature of the claims made therein and to identify the parties. 11 2. Cross-Complainants are informed and believe that Cross-Defendants are and at all 12 times relevant herein resided in the State of California within the jurisdictional limits of the Court. 13 3. The names and capacities, whether individual, corporate, associate, or otherwise of 14 Cross-Defendants ROES 1 through 35, inclusive, are unknown to Cross-Complainants, who 15 therefore sue said Cross-Defendants by such fictitious names. Cross-Complainants are informed and 16 believe and thereupon allege that each of the fictitiously named Cross-Defendants are legally 17 responsible in some manner for the injuries and damages alleged herein and, therefore, Cross- 18 Complainants request that when the true names and capacities of such fictitiously named Cross- 19 Defendants are ascertained, it be permitted to insert the names herein. 20 4. An actual and present controversy exists between Cross-Complainants and Cross- 21 Defendants. Cross-Complainants deny the allegations contained in the Plaintiffs’ Complaint, but if 22 found to be true, the happenings and events referred to in said Complaint were created solely by the 23 acts, negligence and/or willful conduct of the Cross-Defendants and/or others. 24 FIRST CAUSE OF ACTION 25 EQUITABLE INDEMNITY 26 5. Cross-Complainants incorporate by reference each and every paragraph of this 27 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein. 28 LEWIS 4861-3264-7210.1 2 BRISBOIS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT BISGAARD & SMITH LLP FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT ATTORNEYS AT LAW CITY OF SALINAS 1 6. Cross-Complainants are informed and believe and on that basis allege that if Cross- 2 Complainants are found liable to Plaintiffs in any amount, it will be due solely to the passive fault 3 and secondary actions of Cross-Complainants; whereas Cross-Defendant and/or ROES were 4 actively negligent and primarily responsible for the damages, if any, for which Plaintiffs and Cross- 5 Complainants complain. 6 7. If it is found that Cross-Complainants are liable to Plaintiffs by reason of those 7 things set forth herein above, then, in that event, Cross-Complainants are entitled to be 8 indemnified and held harmless under the principles of equitable indemnity by Cross-Defendants 9 either from all damages or from a percentage based upon principles of comparative indemnity and 10 comparative fault, including but not limited to costs and expenses in defending the within action, 11 and attorneys’ fees and other expenses incurred in connection therewith. 12 8. Cross-Complainants have suffered, and will continue to suffer, actual damages in 13 an amount to be determined at trial as a direct and proximate result of the wrongful and legally 14 culpable conduct of Cross-Defendants as herein alleged. Such damages include, but are not limited 15 to, legal fees and costs necessarily incurred, and to be incurred, in defending the aforementioned 16 action and said Cross-Complaints filed by Cross-Defendants arising therefrom, and in pursuing the 17 remedies sought by Cross-Complainants. All of the aforementioned damages are the legal and/or 18 proximate result of the active, direct, or primary wrongful conduct of Cross-Defendants or their 19 agents, employees or representatives as alleged herein. 20 SECOND CAUSE OF ACTION 21 IMPLIED INDEMNITY 22 9. Cross-Complainants incorporate by reference each and every paragraph of this 23 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein. 24 10. Cross-Complainants are informed and believe and thereon allege that Cross- 25 Defendants were responsible in whole or in part, for the injuries, if any, suffered by Plaintiffs. 26 11. Cross-Complainants have been required to act in the protection of Cross- 27 Complainants’ interests by defending itself in the present action by Plaintiffs. Cross-Complainants 28 are without fault in this controversy and therefore request attorneys’ fees, costs and expenses LEWIS 4861-3264-7210.1 3 BRISBOIS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT BISGAARD & SMITH LLP FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT ATTORNEYS AT LAW CITY OF SALINAS 1 incurred from Cross-Defendants and the ROE Cross-Defendants 1-35, inclusive, and each of them. 2 THIRD CAUSE OF ACTION 3 COMPARATIVE FAULT 4 12. Cross-Complainants incorporate by reference each and every paragraph of this 5 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein. 6 13. Should Cross-Complainants be held liable to Plaintiffs for the alleged injuries and 7 damages as prayed for in the main action, then under the doctrine of comparative contribution, 8 Cross-Complainants are entitled to contribution from the Cross-Defendants, and each of them, on 9 the basis of the relative fault that each bear to the total damages awarded or received by Plaintiffs 10 by way of judgment or settlement entered into in good faith 11 FOURTH CAUSE OF ACTION 12 DECLARATORY RELIEF 13 14. Cross-Complainants incorporate by reference each and every paragraph of this 14 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein. 15 15. An actual controversy exists between Cross-Complainants and Cross-Defendants, 16 and each of them, as follows: Cross-Complainants contend that between itself and Cross- 17 Defendants, Cross-Complainants’ responsibilities, if any, for the damages alleged by Plaintiffs rest 18 primarily and ultimately upon said Cross-Defendants. In the alternative, Cross-Complainants 19 contends that the alleged injuries and damages suffered by Plaintiffs were contributed to by the 20 active negligence, carelessness, or other tortious conduct by Cross-Defendants, or others. 21 16. Cross-Complainants desire a judicial determination of its rights, duties, and 22 obligations with respect to the claims of Cross-Defendants, and each of them. 23 17. Such a determination is necessary and proper at this time in order that Cross- 24 Complainants may ascertain its rights and duties with respect to the claims of Cross-Defendants, 25 and each of them. 26 WHEREFORE, Cross-Complainants pray for judgment against Cross-Defendants as 27 follows: 28 LEWIS 4861-3264-7210.1 4 BRISBOIS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT BISGAARD & SMITH LLP FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT ATTORNEYS AT LAW CITY OF SALINAS 1 1. For judgment against Cross-Defendants declaring that the liability for the damages 2 alleged by Plaintiff must be borne proportionally on a pro rata basis by Cross-Defendants, Plaintiffs, 3 or any other Defendants exclusive of Cross-Complainants, and; 4 2. For judgment against Cross-Defendants declaring that Cross-Defendants are under a 5 duty to contribute and indemnify Cross-Complainants in the full amount of any judgment entered 6 or in proportion to its own comparative responsibility for any damages Plaintiffs might realize 7 against Cross-Complainants; 8 3. For costs of suit and attorneys’ fees according to proof; 9 4. For such other and further relief as is fair, just, and equitable. 10 DATED: July 21, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP 11 By: 12 MATTHEW ZUMSTEIN 13 JESSICA WAHL Attorneys for Defendants GINO’S FINE 14 ITALIAN RESTAURANT, INC. and NGOCHAO THI NGUYEN 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEWIS 4861-3264-7210.1 5 BRISBOIS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT BISGAARD & SMITH LLP FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT ATTORNEYS AT LAW CITY OF SALINAS 1 CALIFORNIA STATE COURT PROOF OF SERVICE Louis Montano, Jr., et al. v. City of Salinas, et al. 2 Monterey County Superior Court Case No. 21CV003635 3 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA 4 At the time of service, I was over 18 years of age and not a party to this action. My business address is 2185 North California Boulevard, Suite 300, Walnut Creek, CA 94596. 5 On July 21, 2022, I served true copies of the following document(s): CROSS- 6 COMPLAINANTS GINO’S FINE ITALIAN RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT FOR INDEMNITY, CONTRIBUTION AND 7 DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY OF SALINAS 8 I served the documents on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable): 9 SEE ATTACHED SERVICE LIST 10 The documents were served by the following means: 11 (BY ELECTRONIC TRANSMISSION ONLY) Only by e-mailing the document(s) to the 12 persons at the e-mail address(es) listed above based on confirmation from counsel pursuant to CCP 1010.6(e). No electronic message or other indication that the transmission was 13 unsuccessful was received within a reasonable time after the transmission. 14 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15 Executed on July 21, 2022, at Walnut Creek, California. 16 17 18 Izie M. Hudson 19 20 21 22 23 24 25 26 27 28 LEWIS BRISBOIS BISGAARD & SMITH LLP 4861-3264-7210.1 1 ATTORNEYS AT LAW PROOF OF SERVICE 1 SERVICE LIST Louis Montano, Jr., et al. v. City of Salinas, et al. 2 Monterey County Superior Court Case No. 21CV003635 3 Sergio Cardenas, Esq. Attorneys for Plaintiffs GREENBERG AND RUBY LOUIS MONTANO, JR., LOUIE MONTANO 4 6100 Wilshire Boulevard, Suite 1170 III, AND MICHAEL MONTANO Los Angeles, CA 90048 5 Tel: 323.782.0535 Fax: 323.782.0543 6 Email: scardenas@calrialpros.com 7 Richard C. Alpers Attorneys for Plaintiffs 8 ALBERS LAW GROUP, INC. LOUIS MONTANO, JR., LOUIE MONTANO PO Box 1540 III, AND MICHAEL MONTANO 9 Aptos, CA 95001 Tel: 855.808.1174 10 Fax: 855.870.1129 Email: rca@alperslawgroup.com 11 clerk@alperslawgroup.com 12 Christopher A. Callihan, Esq. Attorneys for Defendant CITY OF SALINAS, OFFICE OF THE CITY CITY OF SALINAS 13 ATTORNEY 200 Lincoln Avenue Tel: (831) 758-7073 (direct) 14 Salinas, CA 93901-2639 Fax: (831) 758-7257 Email: chrisc@ci.salinas.ca.us 15 William R. Price, Esq. Co Counsel for Defendant 16 Lisa Shaw, Paralegal CITY OF SALINAS LAW OFFICES OF WILLIAM R. PRICE 17 12636 High Bluff Dr., Suite 400 Tel: (858) 888-0588 San Diego, CA 92130 Emails: wprice@williamrprice.com; 18 lshaw@williamrprice.com 19 James J. Cook, Esq. Attorneys for Defendants HORAN | LLOYD, APC. RALPH BOZZO; BLFA PROPERTIES, LLC; 20 26385 Carmel Rancho Blvd., Suite 200 AND GINO'S FINE ITALIAN FOOD, INC. Carmel, CA 93923 21 Tel: (831) 373-4131 Fax: (831) 373-8302 22 Email: jcook@horanlegal.com 23 Rodney N. Mayr, Esq. Attorneys for Defendants MAYR LAW FIRM AUSTIN ALARCON AND ROSAURA 24 1010 W. Taylor St. ARCOS PANIAGUA San Jose, CA 95126 25 Tel: (408) 331-7606 Fax: (669) 266-5612 26 Email: rodney@mayrlawfirm.com 27 28 LEWIS BRISBOIS BISGAARD & SMITH LLP 4861-3264-7210.1 1 ATTORNEYS AT LAW SERVICE LIST