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 RESTAURANT, INC. AND
8 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
MONTANO III; and MICHAEL MONTANO,
14 CROSS-COMPLAINANTS GINO’S
Plaintiffs, RESTAURANT, INC., AND NGOCHAO
15 THI NGUYEN’S CROSS-COMPLAINT
vs. FOR INDEMNITY, CONTRIBUTION
16 AND DECLARATORY RELIEF
CITY OF SALINAS; GINO’S AGAINST CROSS-DEFENDANT CITY
17 RESTAURANT, INC.; GINO’S FINE OF SALINAS
ITALIAN FOOD, INC.; BLFA PROPERTIES
18 LLC; NTN PROPERTIES LLC; NGOCHAO Action Filed: November 16, 2021
THI NGUYEN; RALPH BOZZO; ROSAURA Trial Date: May 1, 2023
19 ARCOS PANIAGUA; AUSTIN ALARCON;
and DOES 1-35,
20
Defendants.
21
GINO’S RESTAURANT, INC. AND
22 NGOCHAO THI NGUYEN,
23 Cross-Complainants,
24 V,
25 CITY OF SALINAS, and ROES 1-35,
26 Cross-Defendants.
27
28
a
LEWIS 4861-3264-7210.1 1
BRISBOIS GINO’S RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT FOR
BISGAARD
& SMITH LLP INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY
ATTORNEYS AT LAW OF SALINAS
1 Cross-Complainants GINO’S RESTAURANT and NGOCHAO THI NGUYEN
2 (hereinafter referred to as “Cross-Complainants”) complain and allege against Cross-Defendants
3 CITY OF SALINAS, and ROES 1-35 (hereinafter collectively referred to as “Cross-Defendants”)
4 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 reside 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 RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT FOR
BISGAARD
& SMITH LLP INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY
ATTORNEYS AT LAW 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 the allegations set forth in all preceding paragraphs, as though fully set forth
24 herein.
25 10. Cross-Complainants are informed and believe and thereon allege that Cross-
26 Defendants were responsible in whole or in part, for the injuries, if any, suffered by Plaintiffs.
27 11. Cross-Complainants have been required to act in the protection of Cross-
28 Complainants’ interests by defending the present action by Plaintiffs. Cross-Complainants are
LEWIS 4861-3264-7210.1 3
BRISBOIS GINO’S RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT FOR
BISGAARD
& SMITH LLP INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY
ATTORNEYS AT LAW OF SALINAS
1 without fault in this controversy and therefore request attorneys’ fees, costs and expenses incurred
2 from Cross-Defendants and the ROE Cross-Defendants 1-35, inclusive, and each of them.
3 THIRD CAUSE OF ACTION
4 COMPARATIVE FAULT
5 12. Cross-Complainants incorporate by reference each and every paragraph of this
6 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein.
7 13. Should Cross-Complainants be held liable to Plaintiffs for the alleged injuries and
8 damages as prayed for in the main action, then under the doctrine of comparative contribution,
9 Cross-Complainants are entitled to contribution from the Cross-Defendants, and each of them, on
10 the basis of the relative fault that each bear to the total damages awarded or received by Plaintiffs
11 by way of judgment or settlement entered into in good faith
12 FOURTH CAUSE OF ACTION
13 DECLARATORY RELIEF
14 14. Cross-Complainants incorporate by reference each and every paragraph of this
15 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein.
16 15. An actual controversy exists between Cross-Complainants and Cross-Defendants,
17 and each of them, as follows: Cross-Complainants contend that between itself and Cross-
18 Defendants, Cross-Complainants’ responsibilities, if any, for the damages alleged by Plaintiffs rest
19 primarily and ultimately upon said Cross-Defendants. In the alternative, Cross-Complainants
20 contend that the alleged injuries and damages suffered by Plaintiffs were contributed to by the active
21 negligence, carelessness, or other tortious conduct by Cross-Defendants, or others.
22 16. Cross-Complainants desire a judicial determination of its rights, duties, and
23 obligations with respect to the claims of Cross-Defendants, and each of them.
24 17. Such a determination is necessary and proper at this time in order that Cross-
25 Complainants may ascertain its rights and duties with respect to the claims of Cross-Defendants,
26 and each of them.
27 ///
28 ///
LEWIS 4861-3264-7210.1 4
BRISBOIS GINO’S RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT FOR
BISGAARD
& SMITH LLP INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY
ATTORNEYS AT LAW OF SALINAS
1 WHEREFORE, Cross-Complainants pray for judgment against Cross-Defendants as
2 follows:
3 1. For judgment against Cross-Defendants declaring that the liability for the damages
4 alleged by Plaintiff must be borne proportionally on a pro rata basis by Cross-Defendants, Plaintiffs,
5 or any other Defendants exclusive of Cross-Complainants, and;
6 2. For judgment against Cross-Defendants declaring that Cross-Defendants are under a
7 duty to contribute and to indemnify Cross-Complainants in the full amount of any judgment entered
8 or in proportion to its own comparative responsibility for any damages Plaintiffs might realize
9 against Cross-Complainants;
10 3. For costs of suit and attorneys’ fees according to proof;
11 4. For such other and further relief as is fair, just, and equitable.
12 DATED: July 26, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP
13
By:
14
MATTHEW ZUMSTEIN
15 JESSICA WAHL
Attorneys for Defendants GINO’S
16 RESTAURANT, INC. and NGOCHAO THI
NGUYEN
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LEWIS 4861-3264-7210.1 5
BRISBOIS GINO’S RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT FOR
BISGAARD
& SMITH LLP INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY
ATTORNEYS AT LAW 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 26, 2022, I served true copies of the following document(s): CROSS-
6 COMPLAINANTS GINO’S RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-
COMPLAINT FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF
7 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 E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an
12 agreement of the parties to accept service by e-mail or electronic transmission, I caused the
documents to be sent from e-mail address Izie.Hudson@lewisbrisbois.com to the persons at
13 the e-mail addresses listed above. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
14 unsuccessful.
15 I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
16
Executed on July 26, 2022, at Walnut Creek, California.
17
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19 Izie M. Hudson
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LEWIS
BRISBOIS
BISGAARD
& SMITH LLP
4861-3264-7210.1 6
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: eruby@caltrialpros.com
scardenas@caltrialpros.com
7 KDobroth@caltrialpros.com
8 Richard C. Alpers Attorneys for Plaintiffs
ALBERS LAW GROUP, INC. LOUIS MONTANO, JR., LOUIE MONTANO
9 PO Box 1540 III, AND MICHAEL MONTANO
Aptos, CA 95001
10 Tel: 855.808.1174
Fax: 855.870.1129
11 Email: rca@alperslawgroup.com
clerk@alperslawgroup.com
12
Christopher A. Callihan, Esq. Attorneys for Defendant
13 CITY OF SALINAS, OFFICE OF THE CITY CITY OF SALINAS
ATTORNEY
14 200 Lincoln Avenue Tel: (831) 758-7073 (direct)
Salinas, CA 93901-2639 Fax: (831) 758-7257
15 Email: chrisc@ci.salinas.ca.us
16 William R. Price, Esq. Co Counsel for Defendant
Lisa Shaw, Paralegal CITY OF SALINAS
17 LAW OFFICES OF WILLIAM R. PRICE
12636 High Bluff Dr., Suite 400 Tel: (858) 888-0588
18 San Diego, CA 92130 Emails: wprice@williamrprice.com;
lshaw@williamrprice.com
19
James J. Cook, Esq. Attorneys for Defendants
20 HORAN | LLOYD, APC. RALPH BOZZO; BLFA PROPERTIES, LLC;
26385 Carmel Rancho Blvd., Suite 200 AND GINO'S FINE ITALIAN FOOD, INC.
21 Carmel, CA 93923
Tel: (831) 373-4131
22 Fax: (831) 373-8302
Email: jcook@horanlegal.com
23
Rodney N. Mayr, Esq. Attorneys for Defendants
24 MAYR LAW FIRM AUSTIN ALARCON AND ROSAURA
1010 W. Taylor St. ARCOS PANIAGUA
25 San Jose, CA 95126
Tel: (408) 331-7606
26 Fax: (669) 266-5612
Email: rodney@mayrlawfirm.com
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LEWIS
BRISBOIS
BISGAARD
& SMITH LLP
4861-3264-7210.1 7
ATTORNEYS AT LAW PROOF OF SERVICE
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 RESTAURANT, INC. AND 8 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 MONTANO III; and MICHAEL MONTANO, 14 CROSS-COMPLAINANTS GINO’S Plaintiffs, RESTAURANT, INC., AND NGOCHAO 15 THI NGUYEN’S CROSS-COMPLAINT vs. FOR INDEMNITY, CONTRIBUTION 16 AND DECLARATORY RELIEF CITY OF SALINAS; GINO’S AGAINST CROSS-DEFENDANT CITY 17 RESTAURANT, INC.; GINO’S FINE OF SALINAS ITALIAN FOOD, INC.; BLFA PROPERTIES 18 LLC; NTN PROPERTIES LLC; NGOCHAO Action Filed: November 16, 2021 THI NGUYEN; RALPH BOZZO; ROSAURA Trial Date: May 1, 2023 19 ARCOS PANIAGUA; AUSTIN ALARCON; and DOES 1-35, 20 Defendants. 21 GINO’S RESTAURANT, INC. AND 22 NGOCHAO THI NGUYEN, 23 Cross-Complainants, 24 V, 25 CITY OF SALINAS, and ROES 1-35, 26 Cross-Defendants. 27 28 a LEWIS 4861-3264-7210.1 1 BRISBOIS GINO’S RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT FOR BISGAARD & SMITH LLP INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY ATTORNEYS AT LAW OF SALINAS 1 Cross-Complainants GINO’S RESTAURANT and NGOCHAO THI NGUYEN 2 (hereinafter referred to as “Cross-Complainants”) complain and allege against Cross-Defendants 3 CITY OF SALINAS, and ROES 1-35 (hereinafter collectively referred to as “Cross-Defendants”) 4 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 reside 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 RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT FOR BISGAARD & SMITH LLP INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY ATTORNEYS AT LAW 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 the allegations set forth in all preceding paragraphs, as though fully set forth 24 herein. 25 10. Cross-Complainants are informed and believe and thereon allege that Cross- 26 Defendants were responsible in whole or in part, for the injuries, if any, suffered by Plaintiffs. 27 11. Cross-Complainants have been required to act in the protection of Cross- 28 Complainants’ interests by defending the present action by Plaintiffs. Cross-Complainants are LEWIS 4861-3264-7210.1 3 BRISBOIS GINO’S RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT FOR BISGAARD & SMITH LLP INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY ATTORNEYS AT LAW OF SALINAS 1 without fault in this controversy and therefore request attorneys’ fees, costs and expenses incurred 2 from Cross-Defendants and the ROE Cross-Defendants 1-35, inclusive, and each of them. 3 THIRD CAUSE OF ACTION 4 COMPARATIVE FAULT 5 12. Cross-Complainants incorporate by reference each and every paragraph of this 6 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein. 7 13. Should Cross-Complainants be held liable to Plaintiffs for the alleged injuries and 8 damages as prayed for in the main action, then under the doctrine of comparative contribution, 9 Cross-Complainants are entitled to contribution from the Cross-Defendants, and each of them, on 10 the basis of the relative fault that each bear to the total damages awarded or received by Plaintiffs 11 by way of judgment or settlement entered into in good faith 12 FOURTH CAUSE OF ACTION 13 DECLARATORY RELIEF 14 14. Cross-Complainants incorporate by reference each and every paragraph of this 15 pleading, including allegations set forth in all preceding paragraphs, as though fully set forth herein. 16 15. An actual controversy exists between Cross-Complainants and Cross-Defendants, 17 and each of them, as follows: Cross-Complainants contend that between itself and Cross- 18 Defendants, Cross-Complainants’ responsibilities, if any, for the damages alleged by Plaintiffs rest 19 primarily and ultimately upon said Cross-Defendants. In the alternative, Cross-Complainants 20 contend that the alleged injuries and damages suffered by Plaintiffs were contributed to by the active 21 negligence, carelessness, or other tortious conduct by Cross-Defendants, or others. 22 16. Cross-Complainants desire a judicial determination of its rights, duties, and 23 obligations with respect to the claims of Cross-Defendants, and each of them. 24 17. Such a determination is necessary and proper at this time in order that Cross- 25 Complainants may ascertain its rights and duties with respect to the claims of Cross-Defendants, 26 and each of them. 27 /// 28 /// LEWIS 4861-3264-7210.1 4 BRISBOIS GINO’S RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT FOR BISGAARD & SMITH LLP INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY ATTORNEYS AT LAW OF SALINAS 1 WHEREFORE, Cross-Complainants pray for judgment against Cross-Defendants as 2 follows: 3 1. For judgment against Cross-Defendants declaring that the liability for the damages 4 alleged by Plaintiff must be borne proportionally on a pro rata basis by Cross-Defendants, Plaintiffs, 5 or any other Defendants exclusive of Cross-Complainants, and; 6 2. For judgment against Cross-Defendants declaring that Cross-Defendants are under a 7 duty to contribute and to indemnify Cross-Complainants in the full amount of any judgment entered 8 or in proportion to its own comparative responsibility for any damages Plaintiffs might realize 9 against Cross-Complainants; 10 3. For costs of suit and attorneys’ fees according to proof; 11 4. For such other and further relief as is fair, just, and equitable. 12 DATED: July 26, 2022 LEWIS BRISBOIS BISGAARD & SMITH LLP 13 By: 14 MATTHEW ZUMSTEIN 15 JESSICA WAHL Attorneys for Defendants GINO’S 16 RESTAURANT, INC. and NGOCHAO THI NGUYEN 17 18 19 20 21 22 23 24 25 26 27 28 LEWIS 4861-3264-7210.1 5 BRISBOIS GINO’S RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS-COMPLAINT FOR BISGAARD & SMITH LLP INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF AGAINST CROSS-DEFENDANT CITY ATTORNEYS AT LAW 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 26, 2022, I served true copies of the following document(s): CROSS- 6 COMPLAINANTS GINO’S RESTAURANT, INC., AND NGOCHAO THI NGUYEN’S CROSS- COMPLAINT FOR INDEMNITY, CONTRIBUTION AND DECLARATORY RELIEF 7 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 E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an 12 agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent from e-mail address Izie.Hudson@lewisbrisbois.com to the persons at 13 the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 14 unsuccessful. 15 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 16 Executed on July 26, 2022, at Walnut Creek, California. 17 18 19 Izie M. Hudson 20 21 22 23 24 25 26 27 28 LEWIS BRISBOIS BISGAARD & SMITH LLP 4861-3264-7210.1 6 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: eruby@caltrialpros.com scardenas@caltrialpros.com 7 KDobroth@caltrialpros.com 8 Richard C. Alpers Attorneys for Plaintiffs ALBERS LAW GROUP, INC. LOUIS MONTANO, JR., LOUIE MONTANO 9 PO Box 1540 III, AND MICHAEL MONTANO Aptos, CA 95001 10 Tel: 855.808.1174 Fax: 855.870.1129 11 Email: rca@alperslawgroup.com clerk@alperslawgroup.com 12 Christopher A. Callihan, Esq. Attorneys for Defendant 13 CITY OF SALINAS, OFFICE OF THE CITY CITY OF SALINAS ATTORNEY 14 200 Lincoln Avenue Tel: (831) 758-7073 (direct) Salinas, CA 93901-2639 Fax: (831) 758-7257 15 Email: chrisc@ci.salinas.ca.us 16 William R. Price, Esq. Co Counsel for Defendant Lisa Shaw, Paralegal CITY OF SALINAS 17 LAW OFFICES OF WILLIAM R. PRICE 12636 High Bluff Dr., Suite 400 Tel: (858) 888-0588 18 San Diego, CA 92130 Emails: wprice@williamrprice.com; lshaw@williamrprice.com 19 James J. Cook, Esq. Attorneys for Defendants 20 HORAN | LLOYD, APC. RALPH BOZZO; BLFA PROPERTIES, LLC; 26385 Carmel Rancho Blvd., Suite 200 AND GINO'S FINE ITALIAN FOOD, INC. 21 Carmel, CA 93923 Tel: (831) 373-4131 22 Fax: (831) 373-8302 Email: jcook@horanlegal.com 23 Rodney N. Mayr, Esq. Attorneys for Defendants 24 MAYR LAW FIRM AUSTIN ALARCON AND ROSAURA 1010 W. Taylor St. ARCOS PANIAGUA 25 San Jose, CA 95126 Tel: (408) 331-7606 26 Fax: (669) 266-5612 Email: rodney@mayrlawfirm.com 27 28 LEWIS BRISBOIS BISGAARD & SMITH LLP 4861-3264-7210.1 7 ATTORNEYS AT LAW PROOF OF SERVICE