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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-07-2014 11:10 am
Case Number: CGC-13-534579
Filing Date: Feb-07-2014 11:10 am
Filed by: WESLEY G. RAMIREZ
Juke Box: 001 Image: 04370505
CASE MANAGEMENT STATEMENT
ROSA KINZI et al VS. OPEN TOP SIGHTSEEING SAN FRANCISCO, LLC et al
001004370505
Instructions: .
Please place this sheet on top of the document to be scanned.BY FAX
© ~ ORSGINAL
CM-110
. [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): ‘FOR COURT USE ONLY
* |Norman La Force, SBN 102772
LAW OFFICES OF SAMUEL G. GRADER
585 Mission Street, Suite 320, San Francisco, CA 94105
TELEPHONE NO: 415-932-7465, FAX NO. (Optonay: 866-853-8846 FE I
E-MAIL ADDRESS (Optionay: Norman.LaForce@cna.com si parr
ATTORNEY FOR (Name): Defendant Open Top Sight Seeing; Manual Guardado | unity
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco ? 201 4
srnect aooress: 400 McAlister Street FEB 0
MAILING ADDRESS:
PLAINTIFF/PETITIONER: Rosa Kinzl
| DEFENOANTIRESPONDENT: Open Top Sight Seeing San Francisco, LLC
D
Yisbe
OF THE COURT
cITy AND ZIP CODE: San Francisco, CA 94104 . CLERK
BRANCH NAME: ey: Deputy Clerk
Address of court (if different from the address above):
(7) Notice of intent to Appear by Telephone, by (name): Norman La Force
CASE MANAGEMENT STATEMENT ‘CASE NUMBER:
(Check one): [Z] UNLIMITED CASE C7) umirep case CGC~-13-534579
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows: .
Date: March 5, 2014 Time: 10:30 am Dept.: 610 Room:
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be Provided.
1. Party or parties (answer one):
a. £21 This statements submitted by party (name): Open Top Sight Seeing; Manual Guardado
b. [7] This statement is submitted Jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): September 30, 2013
b. [21 The cross-complaint, if any, was filed on (date): November 25, 2013
3. Service (to be answered by plaintiffs and cross-complainants only)
a Lj
b. LZ] The following parties named in the complaint or cross-complaint
(1) (21 have not been served (specify names and explain why not):
Just learned of name of Roe defendant motion substitute on file.
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) [J have had a defautt entered against them (specify names):
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
c. [7] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a Type ofcasein [¥] complaint [_] cross-complaint (Describe, including causes of action):
Plaintiffs claim personal injuries when bus hit wire hanging too low over street
Page tof S
Form Arde Mandy Use CASE MANAGEMENT STATEMENT Rann Sas
(CM-110 [Rev, July 1, 2011}
www courts.ca.gov© °
CM-110
PLAINTIFF/PETITIONER: Rosa Kinz! (CASE NUMBER:
. : : . CGC--13-534579
DEFENDANT/RESPONDENT: Open Top Sight Seeing San Francisco, LLC
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and. amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is ‘sought, describe the nature of the relief.)
Plaintiffs alleges bus struck a low wire, which snapped, and injured plaintiffs.
[71 (more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request
requesting a jury trial):
OpenTop Sightseeing
6. Trial date
a. [] The trial has been Set for (date):
o No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
Just learned of Roe defendant. PUC has yet to make Public its report on accident. Multiple plifs
¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
ajurytrial [—] anonjury trial, (if more than one party, provide the name of each party
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. C2) days (specify number): 10-15
b. (1 hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [Cy] by the attorney or party listed in the caption [__] by the following:
a. Attorney:
Firm:
Address:
Telephone number: f. Fax number:
E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
(1 This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR Processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [¥] has [ has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) C2] This matter is subject io mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
free
(2) [) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) [1] This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
OMA10 (Rev. duly 1.2013} CASE MANAGEMENT STATEMENT Pepe 20s© °
CM-110
PLAINTIFF/PETITIONER: Rosa Kinzl were
" PEFENDANT/RESPONDENT: Open Top Sight Seeing San Francisco, LLC CEC~18-534579
10. ¢. 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 all that apply and provide the specified information):
The party or parties completing | Ifthe party or parties completing this form 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 the parties' ADR:
Processes (check all that apply): | stipulation):
—~ pe
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement
conference
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3) Neutral evaluatic po Neutral evaluation scheduled for (date):
ral evaluation
(4) Nonbinding judicial
arbitration.
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration 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):
OOU0}O000;0000)/0000/0008)oo008
ADR completed on (date):
CM-110 (Rev. July 1, 2077)
CASE MANAGEMENT STATEMENT Pros sors© 8
. PLAINTIFF/PETITIONER: Rosa Kinzl coc. 13.534879
DEFENDANT/RESPONDENT: Open Top Sight Seeing San Francisco, LLC ~
11. Insurance
a. Insurance cartier, if any, for party filing this statement (name): American Casualty Company
b. Reservation of rights: [_] Yes [7] No
« CI Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's
[] Bankruptey [—] other (specify):
Status:
jurisdiction or processing of this case and describe the status.
18. Related cases, consolidation, and coordination
a. [] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
(1 Additional cases are described in Attachment 13a.
b. CJ Amotionto [£2] consolidate J coordinate
14. Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
will be filed by (name party):
15. Other motions.
2) The party or parties expect to file the following motions before trial (specify moving party,
type of motion, and issues):
Defendant has moved to substitute the true name for Roe defendant number 1.
16. Discovery
a. [] The party or parties have completed all discovery.
b. (2) The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Open Top Written discovery to plaintiffs 3/31/14
" Depositions of plaintiffs 5/3114
" Discovery to AT&T (Roe 1) 7/3114
c The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 (Rev. July 1, 2017]
CASE MANAGEMENT STATEMENT Pege AtCM-11
. PLAINTIFF/PETITIONER: Rosa Kinz! coe. a 4
— 75
DEFENDANT/RESPONDENT: _ Open Top Sight Seeing San Francisco, LLC C--13-534579
17. Economic litigation
a. [_] This is a limited civil case (j.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. [7] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation Procedures relating to discovery or trial
‘should not apply to this case):
18. Other issues
The party or parties req
conference (specify):
Juest that the following additional matters be considered or determined at the case management
discovery will be complicated both in terms of the time it will
cords from Austria. The other two plaintiffs are Texas citizens
fendant just found out owner of wire at issue which is AT&T
erved and then discovery to AT&T.
19. Meet and confer
a. The party or parties have met and conferred with all parties on all Subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
We still need to bring in AT&T.
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of Pages attached (if any):
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
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 authority of the party where required.
Date: February 6, 2014
Norman La force > Vom fae
(TYPE OR PRINT NAME)
(SIGNATURE OF PARTY OF ATTORNEY)
wr
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY)
[J Additional signatures are attached.
(CM-110 [Rev July 1, 2011)
CASE MANAGEMENT STATEMENT Page SotsCoO NI DH Bw HH Km
i Bo
PS sxes ee eos te
cc 087F-— 8
PROOF OF SERVICE BY MAIL
[CCP § 1013(a) and CCP § 2015.5]
I, the undersigned, declare:
Iam, and was at all times herein mentioned, employed in the City and County of San
Francisco, State of California. I am over 18 years of age and not a party to the within action.
My business address is 555 Mission Street, Suite 320, San Francisco, California 94105,
On the date set forth below, I served the within DEFENDANT OPEN TOP SIGHT
SEEING SAN FRANCISCO, LLC’S CASE MANAGEMENT STATEMENT on the
interested parties in this action by placing a true copy thereof in a sealed envelope with postage
thereon fully prepaid in the United States mail at San Francisco, California, addressed as follows:
William B, Smith, Esq. Attorneys for Plaintiffs
Robert J. Waldsmith, Esq. ROSA KINZL, JOHANN KINZL,
Jeffrey R. Smith, Esq. MOLLY FARREL, EDWARD
ABRAMSON SMITH WALDSMITH, FARREL :
LLP
44 Montgomery Street, Suite 3340
San Francisco, CA 94104
Tel: 415-421-7995
Fax: 415-421-0912
Tam “readily familiar" with the firm's practice of collection and processing
correspondence for mailing, that the correspondence would be deposited with the U.S. Postal
Service on the same day in the ordinary course of business. | am aware that on motion of a party
served, service is presumed invalid if postal cancellation date or postage meter date is more than
one day after date of deposit for mailing in the affidavit.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated: February 7, 2014
. je Glaros
CGC-13-534579 KINZL V. OPEN TOP SIGHTSEEING SAN FRANCISCO, LLC, ET AL.
PROOF OF SERVICE
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-07-2014 11:10 am Case Number: CGC-13-534579 Filing Date: Feb-07-2014 11:10 am Filed by: WESLEY G. RAMIREZ Juke Box: 001 Image: 04370505 CASE MANAGEMENT STATEMENT ROSA KINZI et al VS. OPEN TOP SIGHTSEEING SAN FRANCISCO, LLC et al 001004370505 Instructions: . Please place this sheet on top of the document to be scanned.BY FAX © ~ ORSGINAL CM-110 . [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): ‘FOR COURT USE ONLY * |Norman La Force, SBN 102772 LAW OFFICES OF SAMUEL G. GRADER 585 Mission Street, Suite 320, San Francisco, CA 94105 TELEPHONE NO: 415-932-7465, FAX NO. (Optonay: 866-853-8846 FE I E-MAIL ADDRESS (Optionay: Norman.LaForce@cna.com si parr ATTORNEY FOR (Name): Defendant Open Top Sight Seeing; Manual Guardado | unity SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco ? 201 4 srnect aooress: 400 McAlister Street FEB 0 MAILING ADDRESS: PLAINTIFF/PETITIONER: Rosa Kinzl | DEFENOANTIRESPONDENT: Open Top Sight Seeing San Francisco, LLC D Yisbe OF THE COURT cITy AND ZIP CODE: San Francisco, CA 94104 . CLERK BRANCH NAME: ey: Deputy Clerk Address of court (if different from the address above): (7) Notice of intent to Appear by Telephone, by (name): Norman La Force CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): [Z] UNLIMITED CASE C7) umirep case CGC~-13-534579 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: . Date: March 5, 2014 Time: 10:30 am Dept.: 610 Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be Provided. 1. Party or parties (answer one): a. £21 This statements submitted by party (name): Open Top Sight Seeing; Manual Guardado b. [7] This statement is submitted Jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): September 30, 2013 b. [21 The cross-complaint, if any, was filed on (date): November 25, 2013 3. Service (to be answered by plaintiffs and cross-complainants only) a Lj b. LZ] The following parties named in the complaint or cross-complaint (1) (21 have not been served (specify names and explain why not): Just learned of name of Roe defendant motion substitute on file. (2) have been served but have not appeared and have not been dismissed (specify names): (3) [J have had a defautt entered against them (specify names): All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. c. [7] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a Type ofcasein [¥] complaint [_] cross-complaint (Describe, including causes of action): Plaintiffs claim personal injuries when bus hit wire hanging too low over street Page tof S Form Arde Mandy Use CASE MANAGEMENT STATEMENT Rann Sas (CM-110 [Rev, July 1, 2011} www courts.ca.gov© ° CM-110 PLAINTIFF/PETITIONER: Rosa Kinz! (CASE NUMBER: . : : . CGC--13-534579 DEFENDANT/RESPONDENT: Open Top Sight Seeing San Francisco, LLC 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and. amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is ‘sought, describe the nature of the relief.) Plaintiffs alleges bus struck a low wire, which snapped, and injured plaintiffs. [71 (more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request requesting a jury trial): OpenTop Sightseeing 6. Trial date a. [] The trial has been Set for (date): o No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): Just learned of Roe defendant. PUC has yet to make Public its report on accident. Multiple plifs ¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): ajurytrial [—] anonjury trial, (if more than one party, provide the name of each party 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. C2) days (specify number): 10-15 b. (1 hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [Cy] by the attorney or party listed in the caption [__] by the following: a. Attorney: Firm: Address: Telephone number: f. Fax number: E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference (1 This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR Processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [¥] has [ has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) C2] This matter is subject io mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. free (2) [) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) [1] This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): OMA10 (Rev. duly 1.2013} CASE MANAGEMENT STATEMENT Pepe 20s© ° CM-110 PLAINTIFF/PETITIONER: Rosa Kinzl were " PEFENDANT/RESPONDENT: Open Top Sight Seeing San Francisco, LLC CEC~18-534579 10. ¢. 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 all that apply and provide the specified information): The party or parties completing | Ifthe party or parties completing this form 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 the parties' ADR: Processes (check all that apply): | stipulation): —~ pe Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement conference Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3) Neutral evaluatic po Neutral evaluation scheduled for (date): ral evaluation (4) Nonbinding judicial arbitration. Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration 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): OOU0}O000;0000)/0000/0008)oo008 ADR completed on (date): CM-110 (Rev. July 1, 2077) CASE MANAGEMENT STATEMENT Pros sors© 8 . PLAINTIFF/PETITIONER: Rosa Kinzl coc. 13.534879 DEFENDANT/RESPONDENT: Open Top Sight Seeing San Francisco, LLC ~ 11. Insurance a. Insurance cartier, if any, for party filing this statement (name): American Casualty Company b. Reservation of rights: [_] Yes [7] No « CI Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's [] Bankruptey [—] other (specify): Status: jurisdiction or processing of this case and describe the status. 18. Related cases, consolidation, and coordination a. [] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: (1 Additional cases are described in Attachment 13a. b. CJ Amotionto [£2] consolidate J coordinate 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): will be filed by (name party): 15. Other motions. 2) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant has moved to substitute the true name for Roe defendant number 1. 16. Discovery a. [] The party or parties have completed all discovery. b. (2) The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Open Top Written discovery to plaintiffs 3/31/14 " Depositions of plaintiffs 5/3114 " Discovery to AT&T (Roe 1) 7/3114 c The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 (Rev. July 1, 2017] CASE MANAGEMENT STATEMENT Pege AtCM-11 . PLAINTIFF/PETITIONER: Rosa Kinz! coe. a 4 — 75 DEFENDANT/RESPONDENT: _ Open Top Sight Seeing San Francisco, LLC C--13-534579 17. Economic litigation a. [_] This is a limited civil case (j.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [7] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation Procedures relating to discovery or trial ‘should not apply to this case): 18. Other issues The party or parties req conference (specify): Juest that the following additional matters be considered or determined at the case management discovery will be complicated both in terms of the time it will cords from Austria. The other two plaintiffs are Texas citizens fendant just found out owner of wire at issue which is AT&T erved and then discovery to AT&T. 19. Meet and confer a. The party or parties have met and conferred with all parties on all Subjects required by rule 3.724 of the California Rules of Court (if not, explain): We still need to bring in AT&T. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of Pages attached (if any): | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, 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 authority of the party where required. Date: February 6, 2014 Norman La force > Vom fae (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OF ATTORNEY) wr (TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY) [J Additional signatures are attached. (CM-110 [Rev July 1, 2011) CASE MANAGEMENT STATEMENT Page SotsCoO NI DH Bw HH Km i Bo PS sxes ee eos te cc 087F-— 8 PROOF OF SERVICE BY MAIL [CCP § 1013(a) and CCP § 2015.5] I, the undersigned, declare: Iam, and was at all times herein mentioned, employed in the City and County of San Francisco, State of California. I am over 18 years of age and not a party to the within action. My business address is 555 Mission Street, Suite 320, San Francisco, California 94105, On the date set forth below, I served the within DEFENDANT OPEN TOP SIGHT SEEING SAN FRANCISCO, LLC’S CASE MANAGEMENT STATEMENT on the interested parties in this action by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at San Francisco, California, addressed as follows: William B, Smith, Esq. Attorneys for Plaintiffs Robert J. Waldsmith, Esq. ROSA KINZL, JOHANN KINZL, Jeffrey R. Smith, Esq. MOLLY FARREL, EDWARD ABRAMSON SMITH WALDSMITH, FARREL : LLP 44 Montgomery Street, Suite 3340 San Francisco, CA 94104 Tel: 415-421-7995 Fax: 415-421-0912 Tam “readily familiar" with the firm's practice of collection and processing correspondence for mailing, that the correspondence would be deposited with the U.S. Postal Service on the same day in the ordinary course of business. | am aware that on motion of a party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in the affidavit. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: February 7, 2014 . je Glaros CGC-13-534579 KINZL V. OPEN TOP SIGHTSEEING SAN FRANCISCO, LLC, ET AL. PROOF OF SERVICE