Party Statement: REGINA GLORIOSO-EMERSON, et al vs. CITY OF MILLBRAE, et al

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                                KENNETH D. SIMONCINI, ESQ. (II145586)
     ERIC STEINLE, ESQ. (II201117)
     SIMONCINI & ASSOCIATES
     Attorneys At Law
     1694 The Alameda
     San Jose, CA 95126-2219
     Telephone: (408) 280-7711
     Facsimile: (408) 280-1330
     Email:    kds@simoncini-law.corn

     Attorneys for Defendants,
     SAN MATEO COUNTY TRANSIT DISTRICT
     PENINSULA CORRIDOR JOINT POWERS BOARD


                    IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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                              IN AND FOR THE COUNTY OF SAN MATEO
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     REGINA GLORIOSO-EMERSON; ESTATE                   Case No.: 22-CIV-05181
     OF ROLANDO GLORIOSO; CHRISTIAN
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     CUNANAN; KATRYNE PIOQUINTO;                       SAN MATEO COUNTY TRANSIT
     JOHN MATTHEW CUNANAN; and                         DISTRICT AND PENINSULA
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     ESTATE OF SUSANA GLORIOSO,                        CORRIDOR JOINT POWERS BOARD
                    Plaintiffs,                        INITIAL CASE MANAGEMENT
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                                                       STATEMENT
            vs.
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                                                       Complaint Filed: December 9, 2022
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     CITY OF MILLBRAE; STATE OF                        Trial Date: None Set
     CALIFORNIA; CITY AND COUNTY OF
18   SAN FRANCISCO; COUNTY OF SAN                      Judge: Hon. Robert D. Foiles
     MATEO; CITY OF SAN BRUNO; SAN                     Dept.: 21
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     FRANCISCO AREA RAPID TRANSIT
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     DISTRICT; SAN MATEO COUNTY
     TRANSIT DISTRICT; PENINSULA
21   CORRIDOR JOINT POWERS BOARD, and
     DOES I — 20,
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                    Defendants.

24    SAN MATEO COUNTY TRANSIT DISTRICT AND PENINSULA CORRIDOR JOINT
25                POWERS BOARD INITIAL CASK MANAGEMENT STATEMENT
26          The San Mateo County Transit District ("Sam Trans") and Peninsula Corridor Joint

27   Powers Board ("Pencor") respectfully submit the following initial case management statement

28   for the case management conference set for March 24, 2023.



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                   INITIAL CASE MANAGEMENT STATEMENT (PENCOR, SAMTRANS)
    1   a.         Status of the Pleadings and service of process upon all named parties
    2              Sam Trans and Pencor are defendants and cross-complainants. Their cross-complaint
        names BART and Millbrae, to which Sam Trans and Pencor tendered their defense after being
    4   served but before answering. The cross-complaint was filed when there was no response to the
    s   tenders.
        b.         Status of Discovery, including the initial production of documents by all parties, and
        depositions of the Plaintiff and of Defendant's PMK(s)

    8              BART served form interrogatories and production demands on the plaintiffs, seeking

    9   some basic damages information.

10                 The San Mateo County Sheriff's Department General Case Report lists 39 persons who
        were present at the accident scene (sheriff's department, coroner, various fire departments), as

iz      well as at least four eyewitnesses to the events. The decedents'ehicle is reportedly in the
        possession of the sheriff.

14                 There are four wrongful-death plaintiffs.
                   Discovery will entail damages and liability depositions, once the pleadings have been
        settled.

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                   There have been no demands since the tort claims were filed. Those demands basically
        track the allegations of the complaint and make identical more than $ 10,000,000 demands for

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        each wrongful-death plaintiff and for the two estates'urvival claims.

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        c.         Status of Settlement or Mediation

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                   Premature
        d.         Conclusions reached after meet and confer on all matters set forth in CRC Rule 3.750
        and Rule 3.724(8)

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                   The parties were unable to schedule a live meet-and-confer. Sam Trans and Pencor
        respond as follows:

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             (1) Whether all parties named in the complaint or cross-complaint have been served, have

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                   appeared, or have been dismissed

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                          1NlTIAL CASE MANAGEMENT STATEMENT (PENCOR, SAMTRANS)
         As noted above, at {a), the pleadings are still unsettled. The plaintiffs represent that they
         have scsi ed all named defendants.
     (2) Whether any additional parties may be added or the pleadings may be amended
         It is not clear what further parties may be available to be added, but Sam Trans and

         Pencor do not at present anticipate additional cross-defendants.

     (3) The deadline for the filing of any remaining pleadings and service    of any additional
         parties
         As noted above, at (a), the pleadings are still unsettled.

     (4) Whether severance, consolidation, or coordination with other actions is desirable

10       There does not appear at present to be any reason to consider these.

     (5) The schedule for discovery proceedings to avoid duplication and whether discovery

12       should be stayed until all parties have been brought into the case

13       This should be addressed while the pleadings are settling. In the meantime, some

14       preliminary damages discovery has been served on the plaintiffs.
     (6) The schedule for settlement conferences or alternative dispute resolution

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         This is premature.

17   {7) Whether to appoint liaison or lead counsel

         There seems to be no reason to do this.

19   (8) The date for the filing of any dispositive motions

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         It appears that one party seeks to demur to the complaint. It seems too early to consider a

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         schedule for motions for summary judgment.

22   (9) The creation   of preliminary and updated lists of the persons to be deposed and the

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         subjects to be addressed in each deposition
         This should be addressed while the pleadings are settled. Sec further comments above, at

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     (10) The exchange of documents and whether to establish an electronic document depository
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         This remains to be determined and should be discussed at the case management
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         conference.



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                   INITIAL CASE MANAGEMENT STATEMENT (PENCOR, SAMTRANS)
 ]         (11) Whether a special master should be appointed and the purposes for such appointment
 2             This issue is premature.
           (12) Whether to establish a case-based Web site and other means to provide a current master
 4             list of addresses and telephone numbers of counsel

 5             This is not a class action.

           (13) The schedule for further conferences
 7             See below, at (g).

     e. Proposed briefing schedule and hearing date on Plaintiffs Motion for Class

 9   Certification and what specific discovery is still needed to prepare the motion or opposition

]P             This is not a class action.
     f.   Any anticipated motions and proposed briefing schedule;

12             None at this time
     g. Setting   of next CMC date
]4             The pleadings are still somewhat unsettled. Once the status of each party is clarified,
     which should happen at or shortly after this conference, there will be both liability and damages
     &hscovery to pursue. To allow this, SamTrans and Pencor respectfully suggest setting the next

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     conference out at least I 20 days. During that time, it should be possible to depose the wrongful-
     death plaintiffs and begin basic liability investigation and discovery. That will allow the parties

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     who will actually defend these claims to assess exposure and determine the feasibility of

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     settlement.
     h. Any other matters for which the parties seek Court ruling or scheduling.

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               None at this time.

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     Dated: March 20, 2023                                           SIJ@ONCINI A ASSOCIATES
                                                             By:
25                                                                  'kENNETH D. SIMONCINI
                                                                     ERIC STEINLE
26                                                                   Attorneys for Defendants
                                                                     SAN MATEO COUNTY TRANSIT
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                                                                     DISTRICT and
                                                                     PENINSULA CORRIDOR JOINT
                                                                    POWERS BOARD


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                      INITIAL CASE MANAGEMENT STATEMENT (PENCOR, SAMTRANS)
          Gtotvoso-Emerson, et al. v. Ctty of Mtllinas, et al.
         San Mateo County Superi or Court Case No. 22-CIV-1 57 SI



 1                                                       PROOF OF SERVICE
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                I certify and declare as follows: I am over the age of 18 years, and not a party to the
         within action. My business address is 1694 The Alameda, San Jose, California 95126, which is
         located in the county where the mailing described below took place. On the date listed below, I
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         served the

                               CAASE MANANGMENT CONFERENCE STATEMENT

     by placing a true copy thereof enclosed in a sealed envelope and served in the manner and/or
     manners described below to each of the parties herein and addressed as stated below:


                                               SEE A TTA CIIED SER VICE I.IST
m



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                    United States Postal Service, U.S. Mail, with First Class postage prepaid and deposited
                    in sealed envelope at San Jose, California. I am readily familiar with the business
                    practice at my place of business for collection and processing of correspondence for
                    mailing with the United States Postal Service. Conespondence so collected and
                    processed is deposited with the United States Postal Service that same day in the
                    ordinary course of business.

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16   O              Electronic Transmission:


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1S
     o              Hand-Delivery by Courier:


            I certify and declare under penalty of perjury under the laws of the State of California that
2o   the foregoing is true and correct.

           Executed on March 20, 2023                               f KCM&tf/totMi.
                                                                    NANETTE MARIE   LEUC
                                                                                           N,
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                                                           PROOF OF SERV1CE
      Glorioso-Emerson, et ai. u City of Mrllbrae, et al.
     Sao Mateo County Superior Court Case 7Vo. 22-CIV-051st



     SER VICE LIST
     Robert Ounjian                                           Lemuel L. Garcia
     robert cz.law                                            LEM GARCIA LAW, PC
     CARPENTER 8c ZUCKERMAN                                   1em@lemgarcialaw. corn
     8827 West Olytnpic Boulevard                             1720 West Catneron Avenue, Suite 210
     Beverly Hills, CA 90211                                  West Covina, CA 91790
     Telephone: (310) 273-1230                                Telephone: (626) 337-1111
     Facsimile: (310) 858-1063                                Facsimile: (626) 337-1112
     Attorneys for Plaintiffs                                 Attorneys for Plaintiffs
 7   Kevin E. Gilbert, Esq.                                   Todd H. Master
 8
     kgilbertcaohhlegal. corn                                 RIDLEY MASTER
     JiEun Choi                                               tinaster@hnmlaw. corn
 0   j echoi@ohhl egal, corn                                  Faith Kelly
     Elena LaBella                                            FKelly hrmrlaw.corn
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     Elabella@ohhlegal. corn                                  1900 O'Farrell Street, Suite 280
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     Jennifer Garcia                                          San Mateo, CA 94403
     j garcia@ohhleagal. corn                                 Telephone: (650) 365-7715
12   ORBACH HUFF k. HENDERSON LLP                             Facsimile: (650) 364-5297
     6200 Stoneridge Mall Road, Suite 225                      Attorneys for Defendant City of Millbrae
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     Pleasanton, CA 94588
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     Telephone: (510) 999-7908                                Clmstopher Nevis
     Facsimile: (510) 999-7918                                Clmstopher. Nevisgai ewisbrisbois. corn
15   Attorneys for Defendant,                                 Steffanie A. Malla
     City of San Bruno                                        Steffanie.Mails lewisbrisbois.corn
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                                                              lucia. suazo Qalewisbri sboi s. corn
17   Eric E. Holbrook                                         LEWIS BRISMOIS BISGAARD k. SMITH LLP
     G. Michael Harrington                                    45 Fremont Street, Suite 3000
18   Samuel C. Law                                            San Francisco, CA 94105
     Samuel.c.law(ed dot. ca. gov                             Telephone: (415) 362-2580
     California Department of Transportation                  Facsimile: (415) 434-0882
20   Legal Division
     111 Grand Avenue, Suite 11-100
21   Oakland, CA 94612-3717
     Mailing Address; P.O. Box 24323
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     Oakland, CA 94623
23   Telephone: (510) 433-9100
     Facsimile: (510)433-9167
24   Attorneys for Defendant State of California
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     Acting by and tlnough the Department of Transportation

26   San Mateo County Superior Court
     Department 21
27   Email: Complexcivil@sanmateocourt.org
     Email: dept21@sanmateocourt.org
     Courtesy Copy per Court Order



                                                     PROOF OF SERVICE