Preview
1 Christopher Paul Mesaros (SBN 214314)
Tu Le (SBN 326250)
2 FIRST LAW GROUP, APC ELECTRONICALLY
314 E. Rowland Street
3 Covina, CA 91723 F I L E D
Superior Court of California,
Telephone: (626) 838-5700 County of San Francisco
4 Facsimile: (626) 838-5710
Email: Chris firstlg.corn 10/07/2019
5 Email: Tu@firstlg.corn Clerk of the Court
BY: RAYMOND WONG
Deputy Clerk
6 Attorneys for Plaintiff,
DAVID NGUYEN
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10 DAVID NGUYEN, Case No.: CGC-19-576056
Plaintiff,
11
PLAINTIFF DAVID NGUYEN'S
12
OBJECTION TO THE COURT'S ORDER
SHERMAN LEWIS WRIGHT, FORD ON OCTOBER 02, 2019
13 MOTOR COMPANY, CHARIOT TRANSIT,
INC. and Does I to 30, Date: October 16, 2019
14 Defendants. Time: 10:30 A.M.
Location: 400 Mcallister Street
15
San Francisco, CA 94102
16 Dept.: 610
17 Complaint filed: 05/16/2019
18
19 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
20 PLEASE TAKE NOTICE that on October 16, 2019, at 10:30 A.M. or as soon thereafter as the matter
21 may be heard in Department 610 of the above-entitled court, located at 400 McAllister Street, San
22 Francisco, CA 94102, Plaintiff DAVID NGUYEN (hereinafter "PlaintifF') hereby objects to the Court's
23 Order issued on October 02, 2019, where in the Court set the case for a Court Trial on May 11, 2020 at
24 09:30 A.M. in Department 206.
25 This objection is properly brought before this Court in accordance with the Court's Order that
26 was issued on October 02, 2019.
2'7 ///
28 ///
PLAINTIFF DAVID NGUYEN'8 OBJECTION TO THE COURT'S ORDER ON OCTOBER 02, 2019
1 This Objection is based upon the Memorandum of Points and Authorities, the Declaration of
2 Christopher P. Mesaros, the pleadings and records on file herein, and other such evidence, oral and
3 documentary which may be presented at the hearing on this Motion.
5 DATED: October 07, 2019 FIRST LAW GROUP, APC
Christopher Mesaros
Tu Le
Attorneys for Plaintiff
10 DAVID NGUYEN
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF DAVID NGUYEN'S OMECTION TO THE COURT'S ORDER ON OCTOBER 02, 2019
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION
3 This case arises out of an automobile versus bicyclist accident that occurred on October 05, 2018
4 in San Francisco, California. DAVID NGUYEN (hereinafter "PlaintifF') was operating his motorized
5 bicycle on Alemany Blvd. when SHERMAN LEWIS WRIGHT (hereinafter "Defendant" ) made a left
6 turn and collided with Plaintiff. At the time of impact, or shortly after impact, Plaintiff lost
7 consciousness and regained consciousness during the ambulance ride to the hospital. Plaintiff sustained
8 serious injuries that required medical treatment.
9 On September 18, 2019, Plaintiff filed a Case Management Conference ("CMC") Statement,
10 which requested a jury trial with a duration of 5 to 7 days for trial. A true and correct copy of the
11 September 18, 2019 CMC Statement that Plaintiff filed prior to the CMC on October 16, 2019 is
12 attached hereto as Exhibit "A". Declaration of Christopher Mesaros (hereinafter "Mesaros Decl.") $ 3.
13 On October 04, 2019, my office received the Court's October 02, 2019 Order stating that the case
14 is set for Court Trial on May 11, 2020 at 09:30 A.M. in Department 206. Mesaros Decl. $ 4.
15 On October 07, 2019, Plaintiff filed/posted jury fees in the amount of $ 150.00. A true and
Plaintif 16 correct copy of the October 07, 2019 Notice of Posting Jury Fees is attached hereto as Exhibit "B".
17 Mesaros Decl. $ 5.
18 Here, ha filed/posted jury fees before the date of the CMC that was on calendar. As
19 such, Plaintiff timely filed/posted jury fees. Additionally, Plaintiff filed/posted the jury fees
20 approximately five months after the date of the initial complaint that was filed on May 16, 2019. In
21 either situation, Plaintiff timely filed/posted the jury fees pursuant to California Civil Code of
22 Procedures.
23 Therefore, Plaintiff respectfully objects to the Court's Order issued on October 02, 2019 that
24 issued a Court Trial and requests this Court allow the parties to have a jury trial.
25 ///
26 ///
27
28
PLAINTIFF DAVID NGUYEN'S OBJECTION TO THE COURT'S ORDER ON OCTOBER 02, 2019
1 IL LEGAL ARGUMENT
2 California Civil Code of Procedures ("CCP") 1]631(b), states in pertinent part that jury fees are
3 "due on or before the date scheduled for the initial case management conference in the action..."
4 In this case, the CMC was on calendar for October 16, 2019. Plaintiff filed/posted jury fees on
5 October 07, 2019, which shows that Plaintiff timely filed/posted jury fees before the date of the initial
6 CMC.
7 Furthermore, CCP II631(b) also states that "[i]f no case management conference is scheduled in a
8 civil action...and the initial complaint was filed on or after July 1, 2011, the fee shall be due no later
9 than 365 calendar days after the filing of the initial complaint."
10 In the event that Plaintiff's initial filing/posting of jury fees is deem insuAicient due to the fact
11 that the CMC was taken off-calendar on October 02, 2019, Plaintiff is still able to timely file/post jury
12 fees if the jury fees are filed/posted within 365 days after the filing of the initial complaint. In this case,
13 the initial complaint was filed on May 16, 2019 and Plaintiff filed/posted the jury fees on October 07,
14 2019, which is approximately 5 months or 144 days afier the initial complaint was filed. In either
15 situation, Plaintiff timely filed/posted jury fees in accordance with CCP II631(b).
16 Therefore, Plaintiff respectfully objects to the Court's Order and requests that this Court allow
17 the parties to have a jury trial.
18 III. CONCLUSION
19 Based on the above, Plaintiff respectfully objects to the Court's Order issued on October 02,
20 2019 and requests this Court allow the parties to have a jury trial.
21
22 DATED: October 07, 2019 FIRST LAW GROUP, APC
23
24
25
26 Tu Le
Mesaros
/1/'hristopher
r-
Attorneys for Plaintiff
27 DAYID NGUYEN
28
PLAINTIFF DAVID NGUYEN'S OBJECTION TO THE COURT'S ORDER ON OCTOBER 02, 2019
1 DECLARATION OF CHRISTOPHER P. MESAROS
2 I, Christopher P. Mesaros, declare:
3 l. I, Christopher P. Mesaros, am an attorney at law duly licensed to practice before this Court
4 and all the courts of the State of California. I am the principal of First Law Group, attorney of record for
5 Plaintiff DAVID NGUYEN, I make this declaration from my own personal knowledge.
6 2. Iam familiar with the files, the pleadings and the facts in this case and, if called upon as a
7 witness, I could and would competently testify to the following facts based upon my own personal
8 knowledge.
9 3. On September 18, 2019, my office filed a Case Management Conference ("CMC")
10 Statement, which requested ajury trial with a duration of 5 to 7 days for trial. A true and correct copy of
11 the September 18, 2019 CMC Statement that Plaintiff filed prior to the CMC on October 16, 2019 is
12 attached hereto as Exhibit "A".
13 4. On October 04, 2019, my office received the Court's October 02, 2019 Order stating that
14 the case is set for Court Trial on May 11, 2020 at 09:30 A.M. in Department 206.
15 5. On October 07, 2019, my office filed/posted jury fees in the amount of $ 150.00. A true
16 and correct copy of the October 07, 2019 Notice of Posting Jury Fees is attached hereto as Exhibit "B".
17
18 I declare under penalty of perjury under the laws of the State of California that the foregoing is
19 true and correct.
20 Executed this 7th day of October 2019 at Covina, California.
21
22
23
Christopher P. Mesaros, Esq.
24
25
26
27
28
PLAINTIFF DAVID NGUYEN'S OBJECTION TO THE COlJRT'S ORDER ON OCTOBER 02, 2019
=X- 3 A
CM-110
demander. end eddnelex
ATTORNEY OR PARTY wlTHOUT ATTORNEY rmeme, Sfele FOR COURI'SE ONLY
Christopher P. Mesaros, Esqu 214314
FIRST LAW GROUP
314 East Rowland Street, Covina, Cagfomia 91723
TELEPHUNE Non (626) 838-5700 PAR no.foodea(626) 838-5710
E JSAIL AOORESS lcolfolms.
ATTURNEY PCR fN~I: Plaintiff
David Nguyen
sUPERloR coURT oF GALIFoRNIA, coUNTY oF Sen Francisco
400 McAllister Street, 1st Floor
sTREEr AUUREER
MAILINO
AOORESS.'ITYAoo»coca
San FranCISCO 94102
SRANUHNAMR Civil Division
PLAINTIFF/PETITIDNER: David Nguyen,
DEFENDANT/REEPDNDENT: Sherman Lewis Wright, et al.,
CASE MANAGEMENT STATEMENT CASE NUMSBU
(Check one): H3 UNUMITED CASE C3 LIINITED CASE CGC-19-576056
(Amount demanded (Amount demanded is $25,000
exceeds $ 25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 16, 2019 Time: 10:30 a.m. DepL Div.: Room: 610
Address of court (ff dlffsmnl from the address above):
Notice of Intent to Appear by Telephone, by (name)r Christopher P. Mesaros, Esq.
INSTRUCTIONS: AU appgcable boxes must be checked, and the specified infonnatlon must be proVlde.
1. Party or parties (answer one):
a.
b. ~
H3 This'statement is submitted by party (name)rPlaintiff David Nguyen
This statement is submitted)olngy by parties (names):
2. Complaint and crosswomplaint (lo be answered by pleinliffs and cross-complainanls only)
a.
b. ~
The complaint was filed on (dale):May 16, 2019
The crosswomplainL if any, was Sled on (dale)r
3. Service (lo be answered by plsinliffs and cmss-complainanls only)
a.
b. ~
~4 AU parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
(1) ~
The following parties named in the complaint orcroswcomplaint
have not been served (specify names end explain why nol):
(2) ~ have been served but have not appeared and have not been dismissed (specify names):
(3) ~ have had a default entered against them (specffynames):
c. ~ The following additional parties may be added (spscilynames, nature of involvement in case, and dele by which
they may be served):
4. Description of case
a. TYPe of case irlH3 complaint C3 cross~mplaint (Describe, includlng causes ofaclion)l
Motor Vehicle Accident.
Peon 1 el S
Form Adnoled for nlendNPT Uee CASE MANAGEMENT STATEMENT CnL arden el Carl
Amrfnf Coundt ol CeRomtn neon ETTIM.TTO
CM.110 IReu. July I, TIN I I mruaooalnondou
CM-110
CASE RUMSEJl:
PLAINTIFF/PETITIONER; David Nguyen,
CGC-19-576056
DEFENDANT/RESPONDENT: Sherman Lewis Wright, et el.,
b. Provide a brief statement of the case, Including any damages. (If personal injury damages sre sought, specify Ihs injuql end
damages claimed, including medical expenses Io dale (indicate soume and amount), estimated futum medical expenses, lost
earnings Io dale, end eslimsled future lost earnings. If equileble relief is sought, describe Ihe nafure of the nillef)
Plaintif David Nguyen was injured in a violent motor vehicle accident and lost consciousness. He Is seeking
compensation for ag the medical expenses to date, as well as future medical expenses. The estimated amount is
$ 351,144.42 in medical expenses to date, no loss of earnings at this Ume.
(If more space is needed, check lkis boxend attach a p ega dssignsled as Attachment 4b.)
Jury or nonjury trial
The parly or parties request C/3 a jury trialC3 a nonjury trial. (Ilmore ffyan one psrly, pmvide the name of each party
requesting s jury lnal):
a.
b.
~
Trial date
~ The trial has been set for (dale):
No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of Ihe complaint (if
nol, explain):
c. will not be available for trial (specify dates and explain reasons for unavailability):
Dates on which parties or attorneys
Estimated length of trial
The party or parties estimate that the trial wfil take (chscii one):
s.
b. ~
H3 days (specify number): 5 to 7 Days
hours (short causes) (specify);
Trial representation (Io be answered for each parly)
The party or parUes MUU be represented at trial
a. Attorney:
GQ by the attorneyor party listed in the capUon~ by the following:
b. Firm:
c. Address:
d. Telephone number. f. Fax number.
e. Email address: g. Party represented:
AddiTional representation is described in Attachment 8.
Preference
This case is entitled to preference (specify code section):
10. AltemaUve dispute resolution (ADR)
a. ADR Information package. Please noie that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rute 3.221 for infonnafion about the processes avafiable through the
court and community programs in this case.
(1) For parties represented by counsel: CounselH3 has C3 hss not provided the ADR information package identilied
in rule 3.221 to the cfient and reviewed ADR options with the cfient.
(2) H
For self-represented parties: Party has C] has not reviewed the ADR Information package idenMed in rule 3.221.
b.
(1) ~
Referral to judicial arbitration or civil action mediation (if avafiable).
This maNer is subject to mandatory judidsl arbitration under Code of Civil Procedure section 1141.11 or to civfi acfion
mediation under Cods of Civil Procedure secUcn 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) ~ Plaintilf elects to refer this case to judicial arbitration and agrees to Umit recovery to the amount spedfied in Code of
Civil Procedure section 1141.11.
(3) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from ctvfi acfion
mediation under Code of Civil Procedure section 1775 et seq. (specify exemplke):
cM.110ixuu. July 1,2011i 000020f 0
CASE MANAGEMENT STATEMENT
CASE NUMEER
PLAINTIFF/PETITIONER: David Nguyen,
CGC-19-576056
EFENDANT/RESPONDENT: Sherman Lewis Wright, et al., !
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check ail that apply end pmvide the specled information):
The party or parties completing If the party or parties complegng this hrm in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of fhe parties'ADR
processes (check eii Ihat apply):stipulagon):
CZ] Mediation session not yet scheduled
Mediation
(1 )
C3 Mediation session scheduled for (date):
C3 Agreed lo comphrte mediarion by (date):
Mediation completed on (dare):
Setgement conference not yet scheduled
(2) Settlement C3 Setgement conference scheduled for (date):
conference
C3 Agreed to complete settlement conference by (date):
Setgement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (dete):
Neutral evaluation completed on (date):
Judctat arbitration not yet scheduled
Nonbinding judicial Judicial arbitration scheduled for (date):
(4)
arbitrahon
Agreed to complete judicial arbitration by (dare):
Judicial arbitration completed on (dare):
C3 Private arbitration not yet scheduled
(5) Binding private C3 Private arbitration scheduled for (dale):
a*ilragon Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM.11D IRuu. July 1, E011I Pusuyor E
CASE MANAGEMENT STATEMENT
r'.M-1 101
CASE NUMBER.
PLAiNTiFF/PETITIQNEFR David Nguyen,
CGC-19-576056
OEFENDANTIRESPONDENT; Sherman Lewis Wright, et al.,
11. Insurance
a. M Insurance camer, if any, for party figng this statement (name):
b. Reservation of rights: M Yes tZ No
c. M Coverage issues wgl signilicantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the couri's jurisdiction or processing of this case and descnlye the status.
C] Bankruptcy H Other (specify):
Status:
a, ~
13. Related cases, consolidation, and coordinadon
There ara companion, underlying, or related cases.
(1) Name of case:
(2) Name of court
(3) Case number:
b.
~
C]
(4) Status:
A motion to consolidate ~
Additional cases are described in Attachment 13a.
C] coordinate will be hied by (name pariy):
~
14. Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
moving party, type of motion, end reasons):
action (speci(I
16. Other motions
C3 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16.
a.
b.
~
Discovery
~v
The party or parties have completed ag discovery.
The following discovery will be completed by the date spedged (describe ail anticipated discovery):
Paray Oescrlotion ~O
Plaintiff Respond to Defendant's discovery 30 days
Plaintiff Discovery to Defendants 60 days
Plaintiff Deposition of Defendants 60 days
c. ~ The following discovery issues, Indudlng Issues regarding the discovery of electronlcagy stored information, ara
anUdpated (specify):
cM-110 Flee. July 1, 2011)
CASE MANAGEMENT STATEMENT Peseeete
CM-110
CASE NUMSER:
PLAINTIFF/PETITIONER: David Nguyen,
CGC-19-576056
DEFENDANT/RESPONDENT: Sherman Lewis Wright, et ai,
17.
a. ~
Economic Ildgation
case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code
This Is a fimited civil
b. ~ of Civil Procedure sections 90-98 will apply to this case.
This is a limited civil case and a motion to withdraw Ihe case from Ihe economic litigafion procedures or for additional
discovery will be filed (if checked, explain specificaliy why economic iiiigaiion procedures relating fo discovery or in'er
should nol apply io ibis case):
18. Otherlssues
M The party or parfies request that the following additional matters be considered or determined at Ihe case management
conference (specify):
19.
a. ~
Meet and confer
The party or parties have met and conferred with all parties on afi subjech required by rule 3.724 of the California Rutes
of Court (if not, explain):
b. Afier meeting and conferring as required by rule 3.724 of the Callfomia Rules of Court, the parfies agree on the following
(specify):
20. Total number of pages attached (if sny):
am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
I
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written aulhority of the party where required.
Date: September 16, 2019
Christopher P. Mesaros, Esq.
ITYPE OR PRINT NAME) (MGNATURE OF PARTY OR ATTORNEYI
nYPE OR PRINT NAME)
~ IMGNATURE OF PARTY OR ATTORNEYI
Addifional signatures are attached.
CM-110 PAY. Alr 1. 2011 I PIgs 0 Df 0
CASE MANAGEMENT STATEMENT
PROOF OF SERVICE
I iun a resident ol the State of California, over the age ol'eighteen years, and not a party
to the within action. My business address is 314 E. Rowland Street Covina, CA. 91723. On
September 18, 2019, I served the herein described document(s) through the means indicated
below.
CASE MANAGEMENT STATEMENT
FACSIMILE —
by transmitting via facsimile the document(s) listed above to the
fax number(s) set forth on the attached Telecommunications Cover Page(s) on
tllls dale.
CI E-MAIL - by transmitting via electronic mail thc document(s) listed above to the
e-mail addresses set foith below.
10
X MAIL - by placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, in the United States ntail to the addresses listed
12 below.
13 PERSONAL SERVICE - by personally delivering ihe document(s) listed above tc
the person(s) at the address(es) set forth below.
OVERNIGI-IT COURIER - by placing the document(s) listed above in a sealed
15 next
envelope with shipping prepaid, and depositing in a collection box for day
16 delivery to the person(s) at the address(es) set forth below via
17 Evan M. Reese, Esq.
I-IAIGHT, BROWN k BONESTEEL, LLP
18 Flower Forty-I'ifth Floor
555 South Street,
19 Los Angeles, California 90071
20 I am readily lamiliar with the firm's practice of collection and processing correspondence
21 for faxing, mailing and e-mailing. With regard to mailing, under that practice it would be
deposited with the U.S. Postal Service in Los Angeles on that same day with postage thereon
22 in the ordinary course of business. am aivare that on motion of the served,
fully prepaid I party
23 service is presumed invalid if postal cancellation date or postage meter date is more than one day
after date of deposit I'or mailing in affidavit.
24
Ideclare under penalty of perjury under the laws of the State that the above
25 is true and correct. Executed on September 18, 2019 in Covina, CA
26
27
28 NGU YEN v. WRIGI-IT
=X- 3 3
Christopher Paul Mesaros. Esq., 214314
FIRST LAW GROUP
314 East Rotvland Street
Covina, CA 91723
Telephone: (626) 838-5700
Facsimile: (626) 838-5710
Attorneys for Plaintiff,
DAVID VVRIGHT
SUI'ERIOR COURT OF THE STATE OF CALIFORNIA
IOR THE COUNTY OF SAN FRANCISCO
10
11 DAVID NGU YEN, ) Case No.: CGC-19-675056
)
12 litt 1 l.
Pl at ) Assigned for all Purposes:
) Hon. Garrett L. XVong
13 vs. )
) Trial Date: May 11, 2020
14 SI-IERMAN LEWIS WRIGI-IT, FORD ) Dept. 206
MOTOR COMPANY, CI IARIOT TRANSIT, )
15 INC. and DOES I through 30, )
) NOTICE OF POSTING JURY FEES
16 Defendants. ) Pursuant to C.C.P. Section 231
)
17 )
)
18 )
19 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
20 PLEASE TAKE NOTICE that plaintiff DAVID NGUYEN hcrcby submits a jury fee
21
deposit in the amount of $ 150.00 in thc above-entitled action pursuant to Code of Civil
22 Procedure Section 631(b).
23
Dated: October 7, 2019 FIRST LAW GROUP, APC
24
25
13y:
26 'Christopher P. Mesaros
Attorney for Plaintif1; David Nguycn
27
28
NOTICE OF POSTING JURY FEES
Pass I
PROOF OF SERVICE
I am a resident ol'hc State ol'alifornia, over the age of eighteen years, and not a party
to the within action. My business address is 314 E. Rotviand Street Covina, CA. 91723. On
October 7, 2019. Iserved the herein described document(s) through the means indicated beloxv.
NOTICE OF POSTING,IURY FEES
0 I'ACSIMII.E - by transmitting via facsimile the document(s) listed above to the
lax number(s) sct forth on the attached Telecommunications Cover Page(s) on
this date.
0 E-MAIL - by transmitting via electronic mail the document(s) listed above to the
e-mail addresses set I'orth below.
10 X MAIL —
by placing the document(s) listed above in a scaled envelope ivith
postage thereon I'ully prepaid, in the United States mail to ihe addresses listed
below.
12
PERSONAL SERVICE - by personally delivering the document(s) listed above to
13 the person(s) at the address(es) set forth beloiv.
OVERNIGHT COURIER - by placing the document(s) listed above in a sealed
envelope with shipping prepaid, and depositing in a collection box I'ornext day
15
delivery to the person(s) at the address(es) sct forth below via
16
Evan M. Rccse, Esq.
17 I-IAIGI-IT. 13ROWN P. BONESTEEL, LLP
555 South Flower Street, Forty-Fifth Floor
18
Los Angeles. Calilornia 90071
19
I am readily familiar ivith thc firm's practice ol'collection and processing correspondence
20
for Ihxing, mailing tuid c-mailing. With regard to mailing, under that practice it would be
21 deposited with the U.S. Postal Service in Los Angeles on that same day with postage thereon
I'ully prepaid in the ordinary course of business. I am aware that on motion of the party served.
22
service is presumed invalid if postal cancellation date or postage meter date is more than one day
23 after date ol deposit for mailing in affidavit.
24
I declare under penalty of perjuty under the laws of the Sta hat the above
is true and correct. Executed on October 7, 2019 in Covina, CA 9
25
26
27
NGUYEN v. WRIGIIT
28
1 PROOF OF SERVICE
I am a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is 314 E. Rowland Street Covina, CA. 91723. On
October 7, 2019, I served the herein described document(s) through the means indicated below.
1. PLAINTIFF DAVID NGUYEN'S OBJECTION TO THE COURT7S ORDER ON
OCTOBER 02, 2019
FACSIMILE - by transmitting via facsimile the document(s) listed above to the
fax number(s) set forth on the attached Telecommunications Cover Page(s) on
this date.
0 E-MAIL - by transmitting via electronic mail the document(s) listed above to the
10
e-mail addresses set forth below.
X MAIL —
by placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, in the United States mail to the addresses listed
12 below.
13 PERSONAL SERVICE - by personally delivering the document(s) listed above to
the person(s) at the address(es) set forth below.
14
OVERNIGHT COURIER - by placing the document(s) listed above in a sealed
15
envelope with shipping prepaid, and depositing in a collection box for next day
16 delivery to the person(s) at the address(es) set forth below via
17 Evan M. Reese, Esq.
HAIGHT, BROWN & BONESTEEL, LLP
18
555 South Flower Street, Forty-Fifth Floor
19 Los Angeles, California 90071
20
I am readily familiar with the firm's practice of collection and processing correspondence
21 for faxing, mailing and e-mailing. With regard to mailing, under that practice it would be
deposited with the U.S. Postal Service in Los Angeles on that same day with postage thereon
22
fully prepaid in the ordinary course of business. I am aware that on motion of the party served,
23 service is presumed invalid if postal cancellation date or postage meter date is more than one day
after date of deposit for mailing in affidavit.
24
I declare under penalty of perjury under the laws of the State of California that the above
25
is true and correct. Executed on October 7, 2019 in Covi 9 723.
26
27
Tu Le
28
NGUYEN v. WRIGHT
Preview
1 Christopher Paul Mesaros (SBN 214314) Tu Le (SBN 326250) 2 FIRST LAW GROUP, APC ELECTRONICALLY 314 E. Rowland Street 3 Covina, CA 91723 F I L E D Superior Court of California, Telephone: (626) 838-5700 County of San Francisco 4 Facsimile: (626) 838-5710 Email: Chris firstlg.corn 10/07/2019 5 Email: Tu@firstlg.corn Clerk of the Court BY: RAYMOND WONG Deputy Clerk 6 Attorneys for Plaintiff, DAVID NGUYEN 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 DAVID NGUYEN, Case No.: CGC-19-576056 Plaintiff, 11 PLAINTIFF DAVID NGUYEN'S 12 OBJECTION TO THE COURT'S ORDER SHERMAN LEWIS WRIGHT, FORD ON OCTOBER 02, 2019 13 MOTOR COMPANY, CHARIOT TRANSIT, INC. and Does I to 30, Date: October 16, 2019 14 Defendants. Time: 10:30 A.M. Location: 400 Mcallister Street 15 San Francisco, CA 94102 16 Dept.: 610 17 Complaint filed: 05/16/2019 18 19 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: 20 PLEASE TAKE NOTICE that on October 16, 2019, at 10:30 A.M. or as soon thereafter as the matter 21 may be heard in Department 610 of the above-entitled court, located at 400 McAllister Street, San 22 Francisco, CA 94102, Plaintiff DAVID NGUYEN (hereinafter "PlaintifF') hereby objects to the Court's 23 Order issued on October 02, 2019, where in the Court set the case for a Court Trial on May 11, 2020 at 24 09:30 A.M. in Department 206. 25 This objection is properly brought before this Court in accordance with the Court's Order that 26 was issued on October 02, 2019. 2'7 /// 28 /// PLAINTIFF DAVID NGUYEN'8 OBJECTION TO THE COURT'S ORDER ON OCTOBER 02, 2019 1 This Objection is based upon the Memorandum of Points and Authorities, the Declaration of 2 Christopher P. Mesaros, the pleadings and records on file herein, and other such evidence, oral and 3 documentary which may be presented at the hearing on this Motion. 5 DATED: October 07, 2019 FIRST LAW GROUP, APC Christopher Mesaros Tu Le Attorneys for Plaintiff 10 DAVID NGUYEN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF DAVID NGUYEN'S OMECTION TO THE COURT'S ORDER ON OCTOBER 02, 2019 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. INTRODUCTION 3 This case arises out of an automobile versus bicyclist accident that occurred on October 05, 2018 4 in San Francisco, California. DAVID NGUYEN (hereinafter "PlaintifF') was operating his motorized 5 bicycle on Alemany Blvd. when SHERMAN LEWIS WRIGHT (hereinafter "Defendant" ) made a left 6 turn and collided with Plaintiff. At the time of impact, or shortly after impact, Plaintiff lost 7 consciousness and regained consciousness during the ambulance ride to the hospital. Plaintiff sustained 8 serious injuries that required medical treatment. 9 On September 18, 2019, Plaintiff filed a Case Management Conference ("CMC") Statement, 10 which requested a jury trial with a duration of 5 to 7 days for trial. A true and correct copy of the 11 September 18, 2019 CMC Statement that Plaintiff filed prior to the CMC on October 16, 2019 is 12 attached hereto as Exhibit "A". Declaration of Christopher Mesaros (hereinafter "Mesaros Decl.") $ 3. 13 On October 04, 2019, my office received the Court's October 02, 2019 Order stating that the case 14 is set for Court Trial on May 11, 2020 at 09:30 A.M. in Department 206. Mesaros Decl. $ 4. 15 On October 07, 2019, Plaintiff filed/posted jury fees in the amount of $ 150.00. A true and Plaintif 16 correct copy of the October 07, 2019 Notice of Posting Jury Fees is attached hereto as Exhibit "B". 17 Mesaros Decl. $ 5. 18 Here, ha filed/posted jury fees before the date of the CMC that was on calendar. As 19 such, Plaintiff timely filed/posted jury fees. Additionally, Plaintiff filed/posted the jury fees 20 approximately five months after the date of the initial complaint that was filed on May 16, 2019. In 21 either situation, Plaintiff timely filed/posted the jury fees pursuant to California Civil Code of 22 Procedures. 23 Therefore, Plaintiff respectfully objects to the Court's Order issued on October 02, 2019 that 24 issued a Court Trial and requests this Court allow the parties to have a jury trial. 25 /// 26 /// 27 28 PLAINTIFF DAVID NGUYEN'S OBJECTION TO THE COURT'S ORDER ON OCTOBER 02, 2019 1 IL LEGAL ARGUMENT 2 California Civil Code of Procedures ("CCP") 1]631(b), states in pertinent part that jury fees are 3 "due on or before the date scheduled for the initial case management conference in the action..." 4 In this case, the CMC was on calendar for October 16, 2019. Plaintiff filed/posted jury fees on 5 October 07, 2019, which shows that Plaintiff timely filed/posted jury fees before the date of the initial 6 CMC. 7 Furthermore, CCP II631(b) also states that "[i]f no case management conference is scheduled in a 8 civil action...and the initial complaint was filed on or after July 1, 2011, the fee shall be due no later 9 than 365 calendar days after the filing of the initial complaint." 10 In the event that Plaintiff's initial filing/posting of jury fees is deem insuAicient due to the fact 11 that the CMC was taken off-calendar on October 02, 2019, Plaintiff is still able to timely file/post jury 12 fees if the jury fees are filed/posted within 365 days after the filing of the initial complaint. In this case, 13 the initial complaint was filed on May 16, 2019 and Plaintiff filed/posted the jury fees on October 07, 14 2019, which is approximately 5 months or 144 days afier the initial complaint was filed. In either 15 situation, Plaintiff timely filed/posted jury fees in accordance with CCP II631(b). 16 Therefore, Plaintiff respectfully objects to the Court's Order and requests that this Court allow 17 the parties to have a jury trial. 18 III. CONCLUSION 19 Based on the above, Plaintiff respectfully objects to the Court's Order issued on October 02, 20 2019 and requests this Court allow the parties to have a jury trial. 21 22 DATED: October 07, 2019 FIRST LAW GROUP, APC 23 24 25 26 Tu Le Mesaros /1/'hristopher r- Attorneys for Plaintiff 27 DAYID NGUYEN 28 PLAINTIFF DAVID NGUYEN'S OBJECTION TO THE COURT'S ORDER ON OCTOBER 02, 2019 1 DECLARATION OF CHRISTOPHER P. MESAROS 2 I, Christopher P. Mesaros, declare: 3 l. I, Christopher P. Mesaros, am an attorney at law duly licensed to practice before this Court 4 and all the courts of the State of California. I am the principal of First Law Group, attorney of record for 5 Plaintiff DAVID NGUYEN, I make this declaration from my own personal knowledge. 6 2. Iam familiar with the files, the pleadings and the facts in this case and, if called upon as a 7 witness, I could and would competently testify to the following facts based upon my own personal 8 knowledge. 9 3. On September 18, 2019, my office filed a Case Management Conference ("CMC") 10 Statement, which requested ajury trial with a duration of 5 to 7 days for trial. A true and correct copy of 11 the September 18, 2019 CMC Statement that Plaintiff filed prior to the CMC on October 16, 2019 is 12 attached hereto as Exhibit "A". 13 4. On October 04, 2019, my office received the Court's October 02, 2019 Order stating that 14 the case is set for Court Trial on May 11, 2020 at 09:30 A.M. in Department 206. 15 5. On October 07, 2019, my office filed/posted jury fees in the amount of $ 150.00. A true 16 and correct copy of the October 07, 2019 Notice of Posting Jury Fees is attached hereto as Exhibit "B". 17 18 I declare under penalty of perjury under the laws of the State of California that the foregoing is 19 true and correct. 20 Executed this 7th day of October 2019 at Covina, California. 21 22 23 Christopher P. Mesaros, Esq. 24 25 26 27 28 PLAINTIFF DAVID NGUYEN'S OBJECTION TO THE COlJRT'S ORDER ON OCTOBER 02, 2019 =X- 3 A CM-110 demander. end eddnelex ATTORNEY OR PARTY wlTHOUT ATTORNEY rmeme, Sfele FOR COURI'SE ONLY Christopher P. Mesaros, Esqu 214314 FIRST LAW GROUP 314 East Rowland Street, Covina, Cagfomia 91723 TELEPHUNE Non (626) 838-5700 PAR no.foodea(626) 838-5710 E JSAIL AOORESS lcolfolms. ATTURNEY PCR fN~I: Plaintiff David Nguyen sUPERloR coURT oF GALIFoRNIA, coUNTY oF Sen Francisco 400 McAllister Street, 1st Floor sTREEr AUUREER MAILINO AOORESS.'ITYAoo»coca San FranCISCO 94102 SRANUHNAMR Civil Division PLAINTIFF/PETITIDNER: David Nguyen, DEFENDANT/REEPDNDENT: Sherman Lewis Wright, et al., CASE MANAGEMENT STATEMENT CASE NUMSBU (Check one): H3 UNUMITED CASE C3 LIINITED CASE CGC-19-576056 (Amount demanded (Amount demanded is $25,000 exceeds $ 25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 16, 2019 Time: 10:30 a.m. DepL Div.: Room: 610 Address of court (ff dlffsmnl from the address above): Notice of Intent to Appear by Telephone, by (name)r Christopher P. Mesaros, Esq. INSTRUCTIONS: AU appgcable boxes must be checked, and the specified infonnatlon must be proVlde. 1. Party or parties (answer one): a. b. ~ H3 This'statement is submitted by party (name)rPlaintiff David Nguyen This statement is submitted)olngy by parties (names): 2. Complaint and crosswomplaint (lo be answered by pleinliffs and cross-complainanls only) a. b. ~ The complaint was filed on (dale):May 16, 2019 The crosswomplainL if any, was Sled on (dale)r 3. Service (lo be answered by plsinliffs and cmss-complainanls only) a. b. ~ ~4 AU parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. (1) ~ The following parties named in the complaint orcroswcomplaint have not been served (specify names end explain why nol): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specffynames): c. ~ The following additional parties may be added (spscilynames, nature of involvement in case, and dele by which they may be served): 4. Description of case a. TYPe of case irlH3 complaint C3 cross~mplaint (Describe, includlng causes ofaclion)l Motor Vehicle Accident. Peon 1 el S Form Adnoled for nlendNPT Uee CASE MANAGEMENT STATEMENT CnL arden el Carl Amrfnf Coundt ol CeRomtn neon ETTIM.TTO CM.110 IReu. July I, TIN I I mruaooalnondou CM-110 CASE RUMSEJl: PLAINTIFF/PETITIONER; David Nguyen, CGC-19-576056 DEFENDANT/RESPONDENT: Sherman Lewis Wright, et el., b. Provide a brief statement of the case, Including any damages. (If personal injury damages sre sought, specify Ihs injuql end damages claimed, including medical expenses Io dale (indicate soume and amount), estimated futum medical expenses, lost earnings Io dale, end eslimsled future lost earnings. If equileble relief is sought, describe Ihe nafure of the nillef) Plaintif David Nguyen was injured in a violent motor vehicle accident and lost consciousness. He Is seeking compensation for ag the medical expenses to date, as well as future medical expenses. The estimated amount is $ 351,144.42 in medical expenses to date, no loss of earnings at this Ume. (If more space is needed, check lkis boxend attach a p ega dssignsled as Attachment 4b.) Jury or nonjury trial The parly or parties request C/3 a jury trialC3 a nonjury trial. (Ilmore ffyan one psrly, pmvide the name of each party requesting s jury lnal): a. b. ~ Trial date ~ The trial has been set for (dale): No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of Ihe complaint (if nol, explain): c. will not be available for trial (specify dates and explain reasons for unavailability): Dates on which parties or attorneys Estimated length of trial The party or parties estimate that the trial wfil take (chscii one): s. b. ~ H3 days (specify number): 5 to 7 Days hours (short causes) (specify); Trial representation (Io be answered for each parly) The party or parUes MUU be represented at trial a. Attorney: GQ by the attorneyor party listed in the capUon~ by the following: b. Firm: c. Address: d. Telephone number. f. Fax number. e. Email address: g. Party represented: AddiTional representation is described in Attachment 8. Preference This case is entitled to preference (specify code section): 10. AltemaUve dispute resolution (ADR) a. ADR Information package. Please noie that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rute 3.221 for infonnafion about the processes avafiable through the court and community programs in this case. (1) For parties represented by counsel: CounselH3 has C3 hss not provided the ADR information package identilied in rule 3.221 to the cfient and reviewed ADR options with the cfient. (2) H For self-represented parties: Party has C] has not reviewed the ADR Information package idenMed in rule 3.221. b. (1) ~ Referral to judicial arbitration or civil action mediation (if avafiable). This maNer is subject to mandatory judidsl arbitration under Code of Civil Procedure section 1141.11 or to civfi acfion mediation under Cods of Civil Procedure secUcn 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ Plaintilf elects to refer this case to judicial arbitration and agrees to Umit recovery to the amount spedfied in Code of Civil Procedure section 1141.11. (3) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from ctvfi acfion mediation under Code of Civil Procedure section 1775 et seq. (specify exemplke): cM.110ixuu. July 1,2011i 000020f 0 CASE MANAGEMENT STATEMENT CASE NUMEER PLAINTIFF/PETITIONER: David Nguyen, CGC-19-576056 EFENDANT/RESPONDENT: Sherman Lewis Wright, et al., ! 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check ail that apply end pmvide the specled information): The party or parties completing If the party or parties complegng this hrm in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of fhe parties'ADR processes (check eii Ihat apply):stipulagon): CZ] Mediation session not yet scheduled Mediation (1 ) C3 Mediation session scheduled for (date): C3 Agreed lo comphrte mediarion by (date): Mediation completed on (dare): Setgement conference not yet scheduled (2) Settlement C3 Setgement conference scheduled for (date): conference C3 Agreed to complete settlement conference by (date): Setgement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (dete): Neutral evaluation completed on (date): Judctat arbitration not yet scheduled Nonbinding judicial Judicial arbitration scheduled for (date): (4) arbitrahon Agreed to complete judicial arbitration by (dare): Judicial arbitration completed on (dare): C3 Private arbitration not yet scheduled (5) Binding private C3 Private arbitration scheduled for (dale): a*ilragon Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM.11D IRuu. July 1, E011I Pusuyor E CASE MANAGEMENT STATEMENT r'.M-1 101 CASE NUMBER. PLAiNTiFF/PETITIQNEFR David Nguyen, CGC-19-576056 OEFENDANTIRESPONDENT; Sherman Lewis Wright, et al., 11. Insurance a. M Insurance camer, if any, for party figng this statement (name): b. Reservation of rights: M Yes tZ No c. M Coverage issues wgl signilicantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the couri's jurisdiction or processing of this case and descnlye the status. C] Bankruptcy H Other (specify): Status: a, ~ 13. Related cases, consolidation, and coordinadon There ara companion, underlying, or related cases. (1) Name of case: (2) Name of court (3) Case number: b. ~ C] (4) Status: A motion to consolidate ~ Additional cases are described in Attachment 13a. C] coordinate will be hied by (name pariy): ~ 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of moving party, type of motion, end reasons): action (speci(I 16. Other motions C3 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. a. b. ~ Discovery ~v The party or parties have completed ag discovery. The following discovery will be completed by the date spedged (describe ail anticipated discovery): Paray Oescrlotion ~O Plaintiff Respond to Defendant's discovery 30 days Plaintiff Discovery to Defendants 60 days Plaintiff Deposition of Defendants 60 days c. ~ The following discovery issues, Indudlng Issues regarding the discovery of electronlcagy stored information, ara anUdpated (specify): cM-110 Flee. July 1, 2011) CASE MANAGEMENT STATEMENT Peseeete CM-110 CASE NUMSER: PLAINTIFF/PETITIONER: David Nguyen, CGC-19-576056 DEFENDANT/RESPONDENT: Sherman Lewis Wright, et ai, 17. a. ~ Economic Ildgation case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code This Is a fimited civil b. ~ of Civil Procedure sections 90-98 will apply to this case. This is a limited civil case and a motion to withdraw Ihe case from Ihe economic litigafion procedures or for additional discovery will be filed (if checked, explain specificaliy why economic iiiigaiion procedures relating fo discovery or in'er should nol apply io ibis case): 18. Otherlssues M The party or parfies request that the following additional matters be considered or determined at Ihe case management conference (specify): 19. a. ~ Meet and confer The party or parties have met and conferred with all parties on afi subjech required by rule 3.724 of the California Rutes of Court (if not, explain): b. Afier meeting and conferring as required by rule 3.724 of the Callfomia Rules of Court, the parfies agree on the following (specify): 20. Total number of pages attached (if sny): am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, I as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written aulhority of the party where required. Date: September 16, 2019 Christopher P. Mesaros, Esq. ITYPE OR PRINT NAME) (MGNATURE OF PARTY OR ATTORNEYI nYPE OR PRINT NAME) ~ IMGNATURE OF PARTY OR ATTORNEYI Addifional signatures are attached. CM-110 PAY. Alr 1. 2011 I PIgs 0 Df 0 CASE MANAGEMENT STATEMENT PROOF OF SERVICE I iun a resident ol the State of California, over the age ol'eighteen years, and not a party to the within action. My business address is 314 E. Rowland Street Covina, CA. 91723. On September 18, 2019, I served the herein described document(s) through the means indicated below. CASE MANAGEMENT STATEMENT FACSIMILE — by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on the attached Telecommunications Cover Page(s) on tllls dale. CI E-MAIL - by transmitting via electronic mail thc document(s) listed above to the e-mail addresses set foith below. 10 X MAIL - by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States ntail to the addresses listed 12 below. 13 PERSONAL SERVICE - by personally delivering ihe document(s) listed above tc the person(s) at the address(es) set forth below. OVERNIGI-IT COURIER - by placing the document(s) listed above in a sealed 15 next envelope with shipping prepaid, and depositing in a collection box for day 16 delivery to the person(s) at the address(es) set forth below via 17 Evan M. Reese, Esq. I-IAIGHT, BROWN k BONESTEEL, LLP 18 Flower Forty-I'ifth Floor 555 South Street, 19 Los Angeles, California 90071 20 I am readily lamiliar with the firm's practice of collection and processing correspondence 21 for faxing, mailing and e-mailing. With regard to mailing, under that practice it would be deposited with the U.S. Postal Service in Los Angeles on that same day with postage thereon 22 in the ordinary course of business. am aivare that on motion of the served, fully prepaid I party 23 service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit I'or mailing in affidavit. 24 Ideclare under penalty of perjury under the laws of the State that the above 25 is true and correct. Executed on September 18, 2019 in Covina, CA 26 27 28 NGU YEN v. WRIGI-IT =X- 3 3 Christopher Paul Mesaros. Esq., 214314 FIRST LAW GROUP 314 East Rotvland Street Covina, CA 91723 Telephone: (626) 838-5700 Facsimile: (626) 838-5710 Attorneys for Plaintiff, DAVID VVRIGHT SUI'ERIOR COURT OF THE STATE OF CALIFORNIA IOR THE COUNTY OF SAN FRANCISCO 10 11 DAVID NGU YEN, ) Case No.: CGC-19-675056 ) 12 litt 1 l. Pl at ) Assigned for all Purposes: ) Hon. Garrett L. XVong 13 vs. ) ) Trial Date: May 11, 2020 14 SI-IERMAN LEWIS WRIGI-IT, FORD ) Dept. 206 MOTOR COMPANY, CI IARIOT TRANSIT, ) 15 INC. and DOES I through 30, ) ) NOTICE OF POSTING JURY FEES 16 Defendants. ) Pursuant to C.C.P. Section 231 ) 17 ) ) 18 ) 19 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: 20 PLEASE TAKE NOTICE that plaintiff DAVID NGUYEN hcrcby submits a jury fee 21 deposit in the amount of $ 150.00 in thc above-entitled action pursuant to Code of Civil 22 Procedure Section 631(b). 23 Dated: October 7, 2019 FIRST LAW GROUP, APC 24 25 13y: 26 'Christopher P. Mesaros Attorney for Plaintif1; David Nguycn 27 28 NOTICE OF POSTING JURY FEES Pass I PROOF OF SERVICE I am a resident ol'hc State ol'alifornia, over the age of eighteen years, and not a party to the within action. My business address is 314 E. Rotviand Street Covina, CA. 91723. On October 7, 2019. Iserved the herein described document(s) through the means indicated beloxv. NOTICE OF POSTING,IURY FEES 0 I'ACSIMII.E - by transmitting via facsimile the document(s) listed above to the lax number(s) sct forth on the attached Telecommunications Cover Page(s) on this date. 0 E-MAIL - by transmitting via electronic mail the document(s) listed above to the e-mail addresses set I'orth below. 10 X MAIL — by placing the document(s) listed above in a scaled envelope ivith postage thereon I'ully prepaid, in the United States mail to ihe addresses listed below. 12 PERSONAL SERVICE - by personally delivering the document(s) listed above to 13 the person(s) at the address(es) set forth beloiv. OVERNIGHT COURIER - by placing the document(s) listed above in a sealed envelope with shipping prepaid, and depositing in a collection box I'ornext day 15 delivery to the person(s) at the address(es) sct forth below via 16 Evan M. Rccse, Esq. 17 I-IAIGI-IT. 13ROWN P. BONESTEEL, LLP 555 South Flower Street, Forty-Fifth Floor 18 Los Angeles. Calilornia 90071 19 I am readily familiar ivith thc firm's practice ol'collection and processing correspondence 20 for Ihxing, mailing tuid c-mailing. With regard to mailing, under that practice it would be 21 deposited with the U.S. Postal Service in Los Angeles on that same day with postage thereon I'ully prepaid in the ordinary course of business. I am aware that on motion of the party served. 22 service is presumed invalid if postal cancellation date or postage meter date is more than one day 23 after date ol deposit for mailing in affidavit. 24 I declare under penalty of perjuty under the laws of the Sta hat the above is true and correct. Executed on October 7, 2019 in Covina, CA 9 25 26 27 NGUYEN v. WRIGIIT 28 1 PROOF OF SERVICE I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is 314 E. Rowland Street Covina, CA. 91723. On October 7, 2019, I served the herein described document(s) through the means indicated below. 1. PLAINTIFF DAVID NGUYEN'S OBJECTION TO THE COURT7S ORDER ON OCTOBER 02, 2019 FACSIMILE - by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on the attached Telecommunications Cover Page(s) on this date. 0 E-MAIL - by transmitting via electronic mail the document(s) listed above to the 10 e-mail addresses set forth below. X MAIL — by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail to the addresses listed 12 below. 13 PERSONAL SERVICE - by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. 14 OVERNIGHT COURIER - by placing the document(s) listed above in a sealed 15 envelope with shipping prepaid, and depositing in a collection box for next day 16 delivery to the person(s) at the address(es) set forth below via 17 Evan M. Reese, Esq. HAIGHT, BROWN & BONESTEEL, LLP 18 555 South Flower Street, Forty-Fifth Floor 19 Los Angeles, California 90071 20 I am readily familiar with the firm's practice of collection and processing correspondence 21 for faxing, mailing and e-mailing. With regard to mailing, under that practice it would be deposited with the U.S. Postal Service in Los Angeles on that same day with postage thereon 22 fully prepaid in the ordinary course of business. I am aware that on motion of the party served, 23 service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 24 I declare under penalty of perjury under the laws of the State of California that the above 25 is true and correct. Executed on October 7, 2019 in Covi 9 723. 26 27 Tu Le 28 NGUYEN v. WRIGHT