Hearing: IDA CHRISTINA FUA CRUZ VS. JOEL ENRIQUE ANDINO SANCHEZ et al

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ROBERT S. AARON (SBN 138903)
TIMOTHY C. WILSON (SBN 173928)
AARON & WILSON, LLP

150 Post Street, Suite 400

San Francisco, California 94108

Telephone: (415) 438-7800

Facsimile: (415) 438-7808

Email: rsaaron@aaron-wilson.com
Email: tewilson@aaron-wilson.com

Attorneys for Defendants/Cross-Defendants
TAXI EQUIPMENT LEASING LLC,
YELLOW CAB COOPERATIVE, INC., TAXI
PROPERTY COMPANY, INC., WOLLEY,
LLC, JAMES GILLESPIE, HAL
MELLEGARD, NICK OLSEN, PAMELA
MARTINEZ, RICHARD WIENER, STEVEN
REIMERS

ROBERT M. PETERSON (Bar No.: 100084)
COLIN C. MUNRO (Bar No.: 195520)
CARLSON, CALLADINE & PETERSON LLP
353 Sacramento Street, 16th Floor

San Francisco, CA 94111

Telephone: (415) 391-3911

Facsimile: (415) 391-3898

Attorneys for Defendants
TAXI EQUIPMENT LEASING LLC
and YELLOW CAB COOPERATIVE, INC.

ELECTRONICALLY
FILED

Superior Court of California,
County of San Frencisco
01/16/2015
Clerk of the Court
BY:VANESSA WU
Deputy Clerk

SUPERIOR COURT - STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION

IDA CRISTINA CRUZ FUA,
Plaintiff,
v.

JOEL ENRIQUE ANDINO SANCHEZ, et
al.,

Defendants.

AND RELATED CROSS-COMPLAINT.

NE SSE

Case No. CGC 11 515542
Consolidated with
CGC-12-519794 and CGC-13-529705

NOTICE OF MOTION AND MOTION TO
BIFURCATE TRIAL AND/OR
ESTABLISH THE ORDER OF PROOF
AND DECISION

RESERVATION NO. 010715-08

Date: February 26, 2015

Time: 9:30 a.m

Dept.: 302

Complaint Filed: October 31, 2011
X-Complaint Filed: May 13, 2014
Trial Date: March 9, 2015

Notice Of Motion and Motion To Bifurcate Trial and/or Establish the Order of Proof and Decisionco 0D em ND OH

TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF
RECORD:

NOTICE IS HEREBY GIVEN that, on February 26, 2015, at 9:30 a.m. or as soon
thereafter as the matter may be heard in Department 302 of the above-entitled court located at
400 McAllister Street, San Francisco, California, defendants/cross-defendants, TAXI
EQUIPMENT LEASING LLC, YELLOW CAB COOPERATIVE, INC., TAXI PROPERTY
COMPANY, INC., WOLLEY, LLC, JAMES GILLESPIE, HAL MELLEGARD, NICK OLSEN,
PAMELA MARTINEZ, RICHARD WIENER and STEVEN REIMERS will move, and hereby
do move, the court for an order bifurcating and/or establishing priority in the order of proof and
decision as between the issue of alter ego and respondeat superior on the one side, and
liability/damages in a personal injury action on the other. More particularly, defendants seek an
order that the equitable issue of alter ego be tried first, prior to empanelling a jury, followed by
respondeat superior immediately after empanelling a jury, but before any evidence is otherwise
presented to the jury on the remaining issues of liability and/or damages.

This motion is made on the grounds that bifurcation and/or establishing priority of these
issues in the order of proof and decision is the only fair and logical way to try this case.

This motion is based on this notice, the accompanying memorandum of points and
authorities and the request for judicial notice filed and served concurrently herewith, the
court’s entire file herein, and upon any further oral and/or documentary evidence as may be
presented at the time of hearing.

Dated: January 13, 2015

‘COMPANY, INC., WOLLEY, LLC, JAMES
‘GELLESPIE, HAL MELLEGARD, NICK

ILSEN, PAMELA MARTINEZ, RICHARD
WIENER, STEVEN REIMERS

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Notice Of Motion and Motion To Bifurcate Trial and/or Establish the Order of Proof and DecisionFua vy. Sanchez

San Francisco County Superior Court Case No. CGC 11 515542 Consolidated with
San Francisco County Superior Court Case No. CGC 12 519794 and
San Francisco County Superior Court Case No. CGC 13 529705

Our File No. 0845

AFFIDAVIT OF SERVICE

STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO

I, Cristina Mitchell, declare:

Iam a citizen of the United States, over 18 years of age and not a party to the within
action. I am self-employed in the City and County of San Francisco; my business address is 150
Post Street, Suite 400, San Francisco, California, 94108.

On January 13, 2015, I served the attached and/or enclosed:

NOTICE OF MOTION AND MOTION TO BIFURCATE TRIAL AND/OR ESTABLISH
THE ORDER OF PROOF AND DECISION

on all parties in this action, at the following address(es):

Todd P. Emanuel, Esq.
Mark D. Rosenberg, Esq.
Emanuel Law Group
702 Marshall Street, Suite 400
Redwood City, CA 94063
Fax: (650) 369-8999
Tel: (650) 369-8900
Email: Todd@TEinjurylaw.com
Email: Mark@TEinjurylaw.com
Counsel for Plaintiff, Ida Cristina Cruz Fua

D. Douglas Shureen, Esq.
McMillan & Shureen LLP
50 Santa Rosa Avenue, Suite 200
Santa Rosa, CA 95404
Fax: (707) 576-7955
Tel: (707) 525-5400
Email: doug.shureen@memillanshureen.com
Counsel for Defendant/Cross-Complainant,
Joel Enrique Andino Sanchez

Taimur Qazi, Esq.
Consumers Law Group
4700 Teller Avenue, 3rd Floor
Newport Beach, CA 92660
Fax: (949) 261-7680
Tel: (949) 261-9847
Email: tqazi@consumerslawgroup.com
Counsel for Plaintiffs, Sanaa Eseifan &
Yasmine Eseifan

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Mitchell E. Green, Esq.
Law Office of Mitchell E. Green
Post Office Box 630550
Simi Valley, CA 93063
Fax: (805) 823-0916
Tel: (805) 823-0915
Email: MitchGreenLaw@aol.com
Counsel for Plaintiff, Allstate Insurance Co.

Gregory H. McCormick, Esq.
Burnham Brown
1901 Harrison Street, 14th Floor
Oakland, CA 94612
Fax: (510) 835-6666
Tel: (510) 444-6800
Email: gmccormick@burnhambrown.com
Counsel for Defendant, Alan DaSilva & SF
Independent Taxi Association.

Colin C. Munro, Esq.
Carlson, Calladine & Peterson LLP
353 Sacramento Street, 16th Floor
San Francisco, CA 94111
Fax: (415) 391-3898
Tel: (415) 391-3911
Email: cmunro@ccplaw.com
Co-Counsel for Defendants, Taxi Equipment
Leasing LLC, Yellow Cab Cooperative, Inc.

Proof of Serviceaya a w

Fua v. Sanchez

San Francisco County Superior Court Case No. CGC 11 515542 Consolidated with
San Francisco County Superior Court Case No. CGC 12 519794 and

San Francisco County Superior Court Case No. CGC 13 529705

Our File No. 0845

Service was accomplished by causing either an original or a true copy of the above-
referenced document(s) to be distributed as follows:

oO BY MAIL: I caused such document(s) to be placed in a sealed envelope, addressed as
indicated above, with prepaid first-class postage thereon, and then placed the envelope(s) for
collection and mailing, in accordance with the firm’s ordinary business practice. | am readily
familiar with the firm's ordinary business practice for collection and processing of
correspondence for mailing with the United States Postal Service. Under that practice
correspondence for mailing is deposited with United States Postal Service on the date indicated
for service, with prepaid first-class postage thereon.

O BY EMAIL: I caused such documents to be transmitted via email to the parties indicated
above, at their respective email addresses.

Ol BY HAND DELIVERY: I caused such documents to be hand delivered to the addresses
indicated above.

oO VIA FACSIMILE: I caused such documents to be transmitted via facsimile to the parties
indicated above, at their respective facsimile numbers.

VIA EXPRESS CARRIER: I caused such documents to be collected by an agent for the
United States Postal Service, United Parcel Service, Federal Express or other overnight carrier,
to be delivered by way of overnight mail to the addresses indicated above.

Xi BY ELECTRONIC SERVICE: as required by the Court’s Mandate for Electronic
Service of Documents I this matter, and as performed by File&Serve on the parties in this action.

I declare under penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.

Executed on January 13, 2015, at San Francisco, California.

CW Hell

Ab ACL

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Proof of Service