On November 16, 2021 a
P NTC OF UNAVAILABILITY [AUG 2022] 2022-07-21
was filed
involving a dispute between
City Of Salinas,
Ntn Properties Llc,
Daniel Ortega,
Diane Middaugh,
Kevin Smith,
Louie Montano,
Louis Montano,
Maira Arellano,
Michael Montano,
Robert Rosett,
Yoselin Garcia,
and
Arturo Alarcon,
Austin Alarcon,
Blfa Properties Llc,
Bryan Caballero Tena,
City Of Salinas,
Gino'S Fine Italian Food, Inc.,
Gino'S Restaurant, Inc.,
Ginos Restaurant, Inc,
Ngochao Thi Nguyen,
Ntn Properties Llc,
Ralph Bozzo,
Rosaura Arcos Paniagua,
for Other PI/PD/WD Unlimited (23)
in the District Court of Monterey County.
Preview
1 GREENBERG AND RUBY
INJURY ATTORNEYS, APC
2 EMILY A. RUBY – State Bar No. 289433
3 SERGIO R. CARDENAS, State Bar No. 321239
6100 Wilshire Boulevard, Suite 1170
4 Los Angeles, California 90048
Tel. No.: (323) 782-0535
5 Fax No.: (323) 782-0543
Email: eruby@caltrialpros.com
6
Email: scardenas@caltrialpros.com
7
Attorneys for Plaintiff(s)
8 LOUIE MONTANO III
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF MONTEREY
12 LOUIS MONTANO, JR.; LOUIE Case No.: 21CV003635
MONTANO III; and MICHAEL MONTANO, Assigned to: Hon. Carrie M. Panetta
13 Dept. 14
14 Plaintiff(s),
NOTICE OF UNAVAILABILITY
15 vs.
Action Filed: 11/16/2021
16 Trial Date: May 1, 2023
CITY OF SALINAS; GINO’S
17 RESTAURANT, INC.; GINO’S FINE
ITALIAN FOOD, INC.; BLFA PROPERTIES
18 LLC; NTN PROPERTIES LLC; NGOCHAO
19 THI NGUYEN; RALPH BOZZO; ROSAURA
ARCOS PANIAGUA; AUSTIN ALARCON;
20 and DOES 1-35,
21 Defendants.
22
23 TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
24 PLEASE TAKE NOTICE that Emily A. Ruby, lead counsel for Plaintiff(s) LOUIS
25 MONTANO, JR.; LOUIE MONTANO III; and MICHAEL MONTANO, will be unavailable for trial,
26 court appearances, responding to ex-parte applications, depositions and/or telephonic conferences
27 from August 1, 2022 through August 5, 2022. The reason for nonavailability is a pre-paid trip out of
28 State.
NOTICE OF UNAVAILABILITY
1 This notice of counsel’s unavailability is being given in accordance with the case of Tenderloin
2 Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299, wherein the court stated that “an attorney
3 has an obligation not only to protect his client’s interest but also to respect the legitimate interest of
4 fellow members of the bar, the judiciary and the administration of justice.”
5
Dated: July 21, 2022 GREENBERG AND RUBY
6 INJURY ATTORNEYS, APC
7
8 By: _______________________________
EMILY A. RUBY
9 SERGIO R. CARDENAS
Attorneys for Plaintiff,
10 LOUIE MONTANO III
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2
NOTICE OF UNAVAILABILITY
PROOF OF SERVICE
1
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
2 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the
County of Los Angeles, State of California. My business address is 6100 Wilshire Blvd., Suite 1170, Los
3
Angeles, CA 90048. My business fax number is (323) 782-0543.
4
On July 21, 2022, I served true copies of the following document(s) described as NOTICE OF
5 UNAVAILABILITY on the interested party(ies) in this action as follows:
6 SEE SERVICE LIST
[] BY MAIL: I placed said documents in a sealed envelope or package addressed to the persons at the
7 addresses on the attached Service List. I placed the sealed envelope for collection and mailing,
following our ordinary business practices, at Los Angeles, California.
8
I am "readily familiar" with the firm's practice of collection and processing correspondence for
9 mailing. Under that practice, on the same day that correspondence is placed for collection and
mailing, it is deposited in the ordinary course of business with the United States Postal Service,
10 in a sealed envelope with postage fully prepaid. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is more than one
11 day after date of deposit for mailing in affidavit.
12 [] BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an
overnight delivery carrier and addressed to the persons at the addresses on the attached Service
13
List. I placed the envelope or package for collection to be deposited at a regular utilized drop
14 box of the overnight delivery carrier.
15 [] BY ELECTRONIC SERVICE: I caused such documents to be electronically served on the eServe
Recipients registered in this case with the Superior Court of California pursuant to California
16 Rules of Court, Rule 2.251.
17 [] BY MESSENGER SERVICE: I served the documents by placing them in an envelope or package
addressed to the persons at the addressed listed on the attached Service List and provided them
18 to a professional messenger service for service.
19 [XX] BY E-MAIL: Based on a court order or an agreement of the parties to accept service by electronic
transmission, I caused such document to be delivered electronically to the interested parties at
20 the email address(es) listed on the attached Service List.
21 [] BY FAX: Based on a court order or an agreement of the parties to accept service by fax transmission
I faxed the documents to the persons at the fax numbers listed on the attached Service List. No
22 error was reported by the fax machine that I used. A copy of the record of the fax transmission,
which I printed out, is attached.
23
24 STATE [XX] I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
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Executed on July 21, 2022, at Los Angeles, California.
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_____________________________│VIRHA RACHEVA
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PROOF OF SERVICE
SERVICE LIST
1
2 Attorneys for Defendant City of Salinas
3 Christopher A. Callihan, Esq.
CITY OF SALINAS, OFFICE OF THE CITY ATTORNEY
4 200 Lincoln Avenue
5 Salinas, CA 93901-2639
T: (831) 758-7256 (main)
6 T: (831) 758-7073 (direct)
F: (831) 758-7257
7 E: chrisc@ci.salinas.ca.us
8 Co-Counsel for Defendant City of Salinas
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William R. Price, Esq.
10 Lisa Shaw, Paralegal
LAW OFFICES OF WILLIAM R. PRICE
11 12636 High Bluff Dr., Suite 400
San Diego, CA 92130
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T: (858) 888-0588
13 E: wprice@williamrprice.com; lshaw@williamrprice.com
14 Attorneys for Defendants Ngochao Thi Nguyen, NTN Properties LLC and Gino's Restaurant, Inc.
15 Matt Zumstein, Esq.
Jessica N. Wahl, Esq.
16
LEWIS BRISBOIS BISGAARD & SMITH
17 2185 N. California Blvd., Suite 300
Walnut Creek, CA 94596
18 T: (825) 478-3257
E: matthew.zumstein@lewisbrisbois.com; jessica.wahl@lewisbrisbois.com;
19 nicole.tavis@lewisbrisbois.com
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Attorneys for Defendants Austin Alarcon and Rosaura Arcos Paniagua
21
Rodney N. Mayr, Esq.
22 MAYR LAW FIRM
1010 W. Taylor St.
23 San Jose, CA 95126
24 T: (408) 331-7606
F: (669) 266-5612
25 E: rodney@mayrlawfirm.com
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PROOF OF SERVICE
Insurance Carrier for Defendant NTN Properties, LLC
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2 Scott Clarke, Senior Claim Representative
THE HARTFORD
3 PO Box 14265
Lexington, KY 40512-9907
4 T: (331) 300-6285
F: (866) 809-1955
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E: scott.clarke@thehartford.com
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Attorneys for Defendant NTN Properties, LLC
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Laurie J. Elza, Esq.
8 Maureen Merriles, Legal Assistant
LAW OFFICES OF JOHN A. HAUSER
9
One Pointe Drive, 6th Floor
10 Brea, CA 92821
T: (714) 571-0407
11 D: (714) 371-2311
F: (877) 369-5799
12 E: laurie.elza@thehartford.com; Maureen.merriles@thehartford.com
13
Co-counsel for Plaintiffs Louis Montano, Jr., Louie Montano III, and Michael Montano
14
Richard C. Alpers
15 ALPERS LAW GROUP, INC.
PO BOX 1540
16 Aptos, CA 95001
17 T: (855) 808-1174
F: (855) 870-1129
18 E: rca@alperslawgroup.com; clerk@alperslawgroup.com
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PROOF OF SERVICE
Preview
1 GREENBERG AND RUBY INJURY ATTORNEYS, APC 2 EMILY A. RUBY – State Bar No. 289433 3 SERGIO R. CARDENAS, State Bar No. 321239 6100 Wilshire Boulevard, Suite 1170 4 Los Angeles, California 90048 Tel. No.: (323) 782-0535 5 Fax No.: (323) 782-0543 Email: eruby@caltrialpros.com 6 Email: scardenas@caltrialpros.com 7 Attorneys for Plaintiff(s) 8 LOUIE MONTANO III 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF MONTEREY 12 LOUIS MONTANO, JR.; LOUIE Case No.: 21CV003635 MONTANO III; and MICHAEL MONTANO, Assigned to: Hon. Carrie M. Panetta 13 Dept. 14 14 Plaintiff(s), NOTICE OF UNAVAILABILITY 15 vs. Action Filed: 11/16/2021 16 Trial Date: May 1, 2023 CITY OF SALINAS; GINO’S 17 RESTAURANT, INC.; GINO’S FINE ITALIAN FOOD, INC.; BLFA PROPERTIES 18 LLC; NTN PROPERTIES LLC; NGOCHAO 19 THI NGUYEN; RALPH BOZZO; ROSAURA ARCOS PANIAGUA; AUSTIN ALARCON; 20 and DOES 1-35, 21 Defendants. 22 23 TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: 24 PLEASE TAKE NOTICE that Emily A. Ruby, lead counsel for Plaintiff(s) LOUIS 25 MONTANO, JR.; LOUIE MONTANO III; and MICHAEL MONTANO, will be unavailable for trial, 26 court appearances, responding to ex-parte applications, depositions and/or telephonic conferences 27 from August 1, 2022 through August 5, 2022. The reason for nonavailability is a pre-paid trip out of 28 State. NOTICE OF UNAVAILABILITY 1 This notice of counsel’s unavailability is being given in accordance with the case of Tenderloin 2 Housing Clinic, Inc. v. Sparks (1992) 8 Cal.App.4th 299, wherein the court stated that “an attorney 3 has an obligation not only to protect his client’s interest but also to respect the legitimate interest of 4 fellow members of the bar, the judiciary and the administration of justice.” 5 Dated: July 21, 2022 GREENBERG AND RUBY 6 INJURY ATTORNEYS, APC 7 8 By: _______________________________ EMILY A. RUBY 9 SERGIO R. CARDENAS Attorneys for Plaintiff, 10 LOUIE MONTANO III 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF UNAVAILABILITY PROOF OF SERVICE 1 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 2 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 6100 Wilshire Blvd., Suite 1170, Los 3 Angeles, CA 90048. My business fax number is (323) 782-0543. 4 On July 21, 2022, I served true copies of the following document(s) described as NOTICE OF 5 UNAVAILABILITY on the interested party(ies) in this action as follows: 6 SEE SERVICE LIST [] BY MAIL: I placed said documents in a sealed envelope or package addressed to the persons at the 7 addresses on the attached Service List. I placed the sealed envelope for collection and mailing, following our ordinary business practices, at Los Angeles, California. 8 I am "readily familiar" with the firm's practice of collection and processing correspondence for 9 mailing. Under that practice, on the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, 10 in a sealed envelope with postage fully prepaid. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one 11 day after date of deposit for mailing in affidavit. 12 [] BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses on the attached Service 13 List. I placed the envelope or package for collection to be deposited at a regular utilized drop 14 box of the overnight delivery carrier. 15 [] BY ELECTRONIC SERVICE: I caused such documents to be electronically served on the eServe Recipients registered in this case with the Superior Court of California pursuant to California 16 Rules of Court, Rule 2.251. 17 [] BY MESSENGER SERVICE: I served the documents by placing them in an envelope or package addressed to the persons at the addressed listed on the attached Service List and provided them 18 to a professional messenger service for service. 19 [XX] BY E-MAIL: Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused such document to be delivered electronically to the interested parties at 20 the email address(es) listed on the attached Service List. 21 [] BY FAX: Based on a court order or an agreement of the parties to accept service by fax transmission I faxed the documents to the persons at the fax numbers listed on the attached Service List. No 22 error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. 23 24 STATE [XX] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 25 Executed on July 21, 2022, at Los Angeles, California. 26 27 _____________________________│VIRHA RACHEVA 28 PROOF OF SERVICE SERVICE LIST 1 2 Attorneys for Defendant City of Salinas 3 Christopher A. Callihan, Esq. CITY OF SALINAS, OFFICE OF THE CITY ATTORNEY 4 200 Lincoln Avenue 5 Salinas, CA 93901-2639 T: (831) 758-7256 (main) 6 T: (831) 758-7073 (direct) F: (831) 758-7257 7 E: chrisc@ci.salinas.ca.us 8 Co-Counsel for Defendant City of Salinas 9 William R. Price, Esq. 10 Lisa Shaw, Paralegal LAW OFFICES OF WILLIAM R. PRICE 11 12636 High Bluff Dr., Suite 400 San Diego, CA 92130 12 T: (858) 888-0588 13 E: wprice@williamrprice.com; lshaw@williamrprice.com 14 Attorneys for Defendants Ngochao Thi Nguyen, NTN Properties LLC and Gino's Restaurant, Inc. 15 Matt Zumstein, Esq. Jessica N. Wahl, Esq. 16 LEWIS BRISBOIS BISGAARD & SMITH 17 2185 N. California Blvd., Suite 300 Walnut Creek, CA 94596 18 T: (825) 478-3257 E: matthew.zumstein@lewisbrisbois.com; jessica.wahl@lewisbrisbois.com; 19 nicole.tavis@lewisbrisbois.com 20 Attorneys for Defendants Austin Alarcon and Rosaura Arcos Paniagua 21 Rodney N. Mayr, Esq. 22 MAYR LAW FIRM 1010 W. Taylor St. 23 San Jose, CA 95126 24 T: (408) 331-7606 F: (669) 266-5612 25 E: rodney@mayrlawfirm.com 26 27 28 PROOF OF SERVICE Insurance Carrier for Defendant NTN Properties, LLC 1 2 Scott Clarke, Senior Claim Representative THE HARTFORD 3 PO Box 14265 Lexington, KY 40512-9907 4 T: (331) 300-6285 F: (866) 809-1955 5 E: scott.clarke@thehartford.com 6 Attorneys for Defendant NTN Properties, LLC 7 Laurie J. Elza, Esq. 8 Maureen Merriles, Legal Assistant LAW OFFICES OF JOHN A. HAUSER 9 One Pointe Drive, 6th Floor 10 Brea, CA 92821 T: (714) 571-0407 11 D: (714) 371-2311 F: (877) 369-5799 12 E: laurie.elza@thehartford.com; Maureen.merriles@thehartford.com 13 Co-counsel for Plaintiffs Louis Montano, Jr., Louie Montano III, and Michael Montano 14 Richard C. Alpers 15 ALPERS LAW GROUP, INC. PO BOX 1540 16 Aptos, CA 95001 17 T: (855) 808-1174 F: (855) 870-1129 18 E: rca@alperslawgroup.com; clerk@alperslawgroup.com 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE