Document for Louis Montano, Jr., et al. vs Ngochao Nguyen, et al.

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                                1 CHRISTOPHER A. CALLIHAN (SBN 203010)
   CITY ATTORNEY
 2
   CITY OF SALINAS
 3 OFFICE OF THE CITY ATTORNEY
   200 Lincoln Avenue
 4 Salinas, CA 93901
   Telephone: (831) 758-7256
 5 Facsimile: (831) 758-7257

 6 William R. Price (SBN 171531)
   D. Scott Dodd (SBN 170500)
 7 LAW OFFICES OF WILLIAM R. PRICE
   12636 High Bluff Dr., Suite 400
 8 San Diego, CA 92130
   Email: wprice@williamrprice.com; sdodd@williamrprice.com
 9 Telephone: (858) 888-0588

10 Attorneys for Defendant and Cross-Complainant
   CITY OF SALINAS
11
                     SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
                                    COUNTY OF MONTEREY
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   LOUIS MONTANO, JR.; LOUIE MONTANO Case No. 21CV003635
15 III; and MICHAEL MONTANO,
                                         (Consolidated with Case Nos. 22CV002531;
16              Plaintiff,               22CV003206; 22CV003261; 22CF003443 and
                                         22CV003598)
17         vs.
                                         (*Exempt from filing fees pursuant to Gov. Code
18 CITY OF SALINAS, GINO’S RESTAURANT, section 6103)
   INC.; GINO’S FINE ITALIAN FOOD, INC.;
19 BLFA PROPERTIES LLC; NTN              DECLARATION OF OFFICER EDWARD
   PROPERTIES LLC; NGOCHAO THI           ESTRADA IN SUPPORT OF CITY OF
20 NGUYEN; RALPH BOZZO; ROSAURA          SALINAS’ MOTION FOR SUMMARY
   ARCOS PANIAGUA; AUSTIN ALARCON;       JUDGMENT
21 and DOES 1-35,
                                         [Filed concurrently with Notice of Motion,
22              Defendants.              Memorandum of Points and Authorities;
                                         Separate Statement; Compendium of Evidence in
23                                       Support; and [Proposed] Order]

24 AND RELATED CROSS-ACTIONS.                  Date: August 4, 2023
                                               Time: 8:30 a.m.
25                                             Dept.: 14

26                                             Complaint Filed:       November 16, 2021

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      DECLARATION OF OFFICER EDWARD ESTRADA ISO CITY OF SALINAS’ MOTION FOR SUMMARY
                                       JUDGMENT
 1          I, Edward Estrada, declare and state as follows:

 2          1.     I have personal knowledge of the facts set forth in this declaration and, if called as a

 3 witness, I could and would competently testify to the same.

 4          2.     I am a police officer with the City of Salinas Police Department (“SPD”) and have

 5 been since February 13, 2008.

 6          3.     On November 19, 2020, at approximately 8:13 p.m., I responded to the area of 1410

 7 South Main Street to a possible hit and run vehicle collision. I responded from the area of Griffen

 8 Street and East Alisal Street with lights and siren.

 9          4.     When I arrived on scene, I assisted other police officers in securing the crime scene

10 and locating potential witnesses. I first spoke with Mr. Bryan Tena who informed me that he was

11 involved in a collision with another vehicle. Bryan told me that at the time of the collision, he was

12 driving his 2020 Toyota Corolla with California license plate 8PRH002. Bryan said that at the time

13 of the collision, he was driving on Stephanie Drive, and was stopped at the stop sign to make a left-

14 hand turn onto South Main Street. Bryan stated that as he looked to his left, he observed a vehicle

15 approaching him at a far distance. Bryan stated that as he proceeded to make a left turn onto South

16 Main Street, he saw a vehicle traveling southbound on South Main Street in the No.1 lane

17 approaching him at a high rate of speed. Bryan then felt a collision to the left rear portion of his

18 vehicle, which caused his vehicle to spin.

19          5.     Bryan informed me that as a result of the collision, he felt pain to his back and his

20 ear was ringing. Bryan declined any medical attention at the scene. I later gave Bryan the police

21 report number and informed him that his vehicle would be towed after the scene was processed.

22          6.     There was a passenger in Bryan Tena’s vehicle at the time of the collision, who

23 identified himself as Julio Tena. Julio informed me that he was in the front right passenger seat of

24 the Toyota Corolla when he felt the collision. Julio complained of pain to his left elbow. Julio

25 declined any medical attention. After I obtained Julio’s statement, Julio and Bryan left the scene

26 when they were given a ride from a relative.

27          7.     Next, I spoke with a witness who stated she was in her vehicle behind the white

28 Toyota Corolla on Stephanie Drive at the time of the collision. The witness identified herself as

       DECLARATION OF OFFICER EDWARD ESTRADA ISO CITY OF SALINAS’ MOTION FOR SUMMARY
                                        JUDGMENT
     Cheryl Moore, and stated she was driving a white Mercedes SUV. Ms. Moore stated that she was

 2 behind the Corolla and was about to make a right hand tum onto South Main Street toward

 3 Highway 68. Ms. Moore stated that when the Corolla made the left hand tum from Stephanie

 4 Drive onto South Main Street, a vehicle traveling at a very high rate of speed collided with the

 5 Corolla. Moore described the vehicle which struck the Corolla as being silver in color but could

 6 not provide further description of the vehicle. Ms. Moore stated that she put her attention to the

 7 vehicle that was struck and checked on the occupants of the vehicle.

 8          8.     I am informed and believe that the si lver Mercedes driven by Austin Alarcon on

 9    ovember 19, 2020 was the vehicle that collided with the vehicle driven by Bryan Tena. I am

10 further informed that after crashing into the vehicle driven by Bryan Tena, the vehicle driven by

11 Austin Alarcon then crashed into Gino' s Restaurant and ended up in the rear patio area.

12         9.      A true and correct copy of my report of this incident is provided as Exhibit "10."

13          I declare under penalty of perjury under the laws of the State of California that the

14 foregoing is true and correct.

15          Executed on this ~ d a y of April, 2023 , at Salinas, California.

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       DECLARATION OF OFFICER EDWARD ESTRADA TSO CITY OF SALTNAS' MOTrON FOR SUMMARY
                                        JUDGMENT