Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
SHAWN KAHROBA (SBN 270424)
SHERIDAN & RUND, PC KAHROBA
270 Coral Circle
El Segundo, CA 90245
TELEPHONE NO.: (310) 640-1200 FAX NO. (Optional): (310) 640-0200
E-MAIL ADDRESS: Shawn@srlawyers.com
ATTORNEY FOR (Name): Plaintiff - Robert Rosett
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 1200 Aguajito Road
MAILING ADDRESS:
CITY AND ZIP CODE: Monterey, CA 93940
BRANCH NAME: Monterey Courthouse
PLAINTIFF/PETITIONER: LOUIS MONTANO, JR. Et. Al.
DEFENDANT/RESPONDENT: City of Salinas, Et. Al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): ✖ UNLIMITED CASE LIMITED CASE 21CV003635 (Lead Case)
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: June 27, 2023 Time: 9:00 AM Dept.: 14 Div.: Room:
Address of court (if different from the address above):
✖ Notice of Intent to Appear by Telephone, by (name): Shawn Kahroba
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. ✖ This statement is submitted by party (name): Robert Rosett
b. 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): 10/26/2022 (22CV003261)
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. ✖ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. ✖ The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Gino's Restaurant, Inc dba Gino's; Ngochao Thi Nguyen; and NTN Properties, LLC were all three were designated in the
complaint under the Fictitious name of DOE's, and all three have been ascertained now. Pltf. Rosett will move to amend.
4. Description of case
a. Type of case in ✖ complaint cross-complaint (Describe, including causes of action):
Premises Liability and auto accident liability, resulting in serious injury.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Montano, Et. Al. CASE NUMBER:
DEFENDANT/RESPONDENT:
City of Salinas, Et. Al. 21CV002531 (Lead Case)
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.)
Plaintiff, Dr. Robert Rosett, was a patron at Defendant Gino's restaurant on November 19, 2020 when Defendant Austin
Alarcon, drove his vehicle into the area that was designated for seating and service by Defendant Gino's and it's owners. Dr.
Rosett sustained near catastrophic injuries
(If 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 ✖ a jury triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. The trial has been set for (date):
b. ✖ 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):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. ✖ days (specify number): 10-15 Days
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial ✖ by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
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 of the California Rules of Court 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) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(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) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. September 1, 2021] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Montano, Et. Al. CASE NUMBER:
DEFENDANT/RESPONDENT: City of Salinas, Et. Al. 21CV002531 (Lead Case)
10. c. 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 If the 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):
✖ Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation ✖
Agreed to complete mediation by (date):
Mediation completed on (date):
✖ Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
✖
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration 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):
ADR completed on (date):
CM-110 [Rev. September 1, 2021] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Montano, Et. Al. CASE NUMBER:
DEFENDANT/RESPONDENT: City of Salinas, Et. Al. 21CV002531 (Lead Case)
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. ✖ There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number: 22CV003261; 22CV002531; 22CV003206; 22CV003443; 22CV0003598
(4) Status:
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be filed by (name party):
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):
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. The party or parties have completed all discovery.
b. ✖ The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Robert Rosett Written Discovery 10/31/2023
Party Depositions 02/01/2024
Expert Depositions Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 2021] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Montano, Et. Al. CASE NUMBER:
DEFENDANT/RESPONDENT:
City of Salinas, Et. Al. 21CV002531 (Lead Case)
17. Economic litigation
a. This is a limited civil case (i.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. 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 request that the following additional matters be considered or determined at the case management
conference (specify):
Plaintiff Robert Rosett will file a Doe Amendment to his Complaint, adding DOES 1 through 3 by their actual names. This
will be filed in the immediate future.
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):
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):
I 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: 06/12/2023
Shawn Kahroba
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. September 1, 2021] Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
2
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
4
not a party to the within action; my business address is 270 Coral Circle, El Segundo, California
5 90245.
6 On June 12, 2023, I served the foregoing documents described as: PLAINTIFF ROBERT ROSETT
– CASE MANAGEMENT STATEMENT on all interested parties in this action as follows:
7
8 SEE ATTACHED SERVICE LIST
9 [ ] (BY MAIL) I deposited such envelope in the mail at El Segundo, California.
The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's
SHERIDAN & RUND, PC. KAHROBA
10
practice of collection and processing correspondence for mailing. Under that practice, it would be
11 deposited with U.S. Postal Service on that day with postage thereon fully prepaid in the ordinary
12 course of business. I am aware that on motion of the 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
13 affidavit.
14
[X] BY ELECTRONIC TRANSMISSION. By emailing the document(s) to the
15 persons at the e-mail address(es) provided. This manner of electronic service is permitted pursuant to
16 Code of Civil Procedure §1010.6 and California Rules of Court Rule 2.250. Such e-mail
transmissions were complete with no errors reported.
17
18 [X] (STATE) I declare under penalty of perjury under the laws of the State of
California that the above is true and correct.
19
20 Executed on June 12, 2023 at El Segundo, California.
21
22 _____________________________
SHAWN KAHROBA
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PROOF OF SERVICE
1 SERVICE LIST
PROOF OF SERVICE MAILING LIST
2
3 LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al.
4 CHRISTOPHER A. CALLIHAN William R. Price, Esq.
CITY ATTORNEY D. Scott Dodd, Esq.
5 CITY OF SALINAS LAW OFFICES OF
OFFICE OF THE CITY ATTORNEY WILLIAM R. PRICE
6
200 Lincoln Avenue 12636 High Bluff Dr., Suite 400
7 Salinas, CA 93901 San Diego, CA 92130
Telephone: (831) 758-7256 Telephone: (858) 888-0588
8 Facsimile: (831) 758-7257 Emails: wprice@williamrprice.com
sdodd@williamrprice.com
9
Attorneys for Defendant and Attorneys for Defendant and
SHERIDAN & RUND, PC. KAHROBA
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Cross-Complainant CITY OF SALINAS Cross-Complainant CITY OF SALINAS
11
Emily A. Ruby, Esq. Richard C. Alpers, Esq.
12 Sergio R. Cardenas, Esq. ALPERS LAW GROUP, INC.
GREENBERG AND RUBY INJURY P.O. Box 1540
13 ATTORNEYS, APC Aptos, CA 95001
14 6100 Wilshire Blvd., Ste. 1170 T: 855-808-1174 / F: 855-870-1129
Los Angeles, CA 90048 E: rca@alperslawgroup.com
15 T: 323-782-0535 / F: 323-782-0543
E: eruby@caltrialpros.com
16 scardenas@caltrialpros.com
kdobroth@caltrialpros.com
17
18 Attorneys for Plaintiffs, LOUIS MONTANO, Co-Counsel for Plaintiffs, LOUIS
JR.; LOUIE MONTANO III; MICHAEL MONTANO, JR.; LOUIE MONTANO
19 MONTANO III; MICHAEL MONTANO
20 Joseph J. Babich, Esq. Shahin “Shawn” Kahroba, Esq.
DREYER BABICH BUCCOLA WOOD SHERIDAN & RUND, KAHROBA PC
21
CAMPORA, LLP 270 Coral Circle
22 20 Bicentennial Circle El Segundo, CA 90245
Sacramento, CA 95826 T: 310-640-1200 / F: 310-640-0200
23 T: 916-379-3500 / F: 916-379-3599 E: shawn@srlawyers.com
E: jbabich@dbbwc.com
24 tstevens@dbbwc.com
DBBWC-ESERVICE@dbbwc.com
25
26 Attorneys for Plaintiff, MAIRA ARELLANO Attorneys for Plaintiff, ROBERT
– Monterey Superior Court, Case # 22CV002531; ROSETT – Monterey Superior Court,
27 Maira Arellano vs. Austin Alarcon, et al. Case # 22CV003261; Robert Rosett vs
Austin Alarcon, et al.
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PROOF OF SERVICE
Robert L. Reisinger, Esq. Rodney N. Mayr, Esq.
1
Matthew M. Spolsky, Esq. MAYR LAW FIRM
2 FORD, WALKER, HAGGERTY & BEHAR, 1010 W. Taylor St.
LLP San Jose, CA 95126
3 One World Trade Center, 27th Floor T: 408-331-7606 / F: 669-266-5612
Long Beach, CA 90831 E: rodney@mayrlawfirm.com
4 T: 562-983-2579/ F: 562-590-3571 emiliano@mayrlawfirm.com
E: mspolsky@fwhb.com
5 *SERVE VIA FACSIMILE ALSO –
rvance@fwhb.com
rlrservice@fwhb.com CONSISTENT PROBLEMS WITH THEIR
6 EMAIL*
7 Attorneys for Defendant/Cross-Complainant,
AUSTIN ALARCON– Monterey Superior
8 Court, 22CV002531; Maira Arellano vs. Austin
Alarcon, et al.
9 Attorneys for Defendants/Cross-
Defendants, ROSAURA ARCOS
SHERIDAN & RUND, PC. KAHROBA
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PANIAGUA and AUSTIN ALARCON
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12 Michael P. Masuda, Esq. Neil P. Berman, Esq.
NOLAND, HAMERLY, ETIENNE & HOSS RUCKA, O'BOYLE, LOMBARDO &
13 333 Salinas St. MCKENNA
14 Salinas, CA 93901 245 W. Laurel Dr.
Mailing Address: Salinas, CA 93906
15 P.O. Box 2510, Salinas, CA 93902 T: 831-443-1051 / F: 831-443-6419
T: 831-424-1414 / F: 831-424-1975 E: nberman@rolmlaw.com;
16 E: mmasuda@nheh.com; parce@nheh.com spena@rolmlaw.com
17
Attorneys for Plaintiff, KEVIN SMITH – Attorneys for Plaintiff, DIANE
18 Monterey Superior Court, Case #22CV003443; MIDDAUGH
Kevin Smith vs Gino's Fine Italian Food, Inc., et – Monterey Superior Court, Case
19 al. #22CV003206; Diane Middaugh vs BLFA
Properties LLC, et al.
20
Cynthia Shambaugh Laurie J. Elza, Esq.
21
Chandrani Mandal LAW OFFICES OF JOHN A.
22 LEWIS BRISBOIS BISGAARD & SMITH HAUSER
LLP One Pointe Drive, 6th Floor,
23 2185 N. California Blvd., Ste. 300 Brea CA 92821
Walnut Creek, CA 94596 Mailing Address:
24 T: 925-357-3456 / F: 925-478-3260 PO Box 2282, Brea, CA 92822
25 E: Chandrani.mandal@lewisbrisbois.com T: (714) 371-2311 / F: (877) 369-5799
izie.hudson@lewisbrisbois.com E: laurie.elza@thehartford.com
26 Cynthia.Shambaugh@lewisbrisbois.com
Joan.Whipple@lewisbrisbois.com
27
Attorneys for Defendants/Cross-Defendants,
GINO’S RESTAURANT, INC.; GINO’S
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PROOF OF SERVICE
FINE ITALIAN FOOD, INC. and Attorneys for Defendant and Cross-
1
NGOCHAO THI NGUYEN Complainant, NTN PROPERTIES LLC
2
Anthony F. Pinelli, Esq. Owili K. Eison, Esq.
3 Gina Huettel, Esq. Julian C. Sonnega, Esq.
WILLIAMS, PINELLI & CULLEN Yen-Yu Liu, Esq.
4 1960 The Alameda, Suite 195 Rene Gutierrez, Esq.
San Jose, CA 95126 Steve M. Jang, Esq.
5
T: 408-288-3860 BD&J, P.C.
6 F: 408-288-3860 9701 Wilshire Blvd., 12th Floor
E: apinelli@wpclaw.com Beverly Hills, CA 90212
7 ghuettel@wpclaw.com E: ryl@bhattorneys.com
amagana@wpclaw.com Eservet1@bhattorneys.com
8 edurand@wpclaw.com
9
Attorneys for Defendant Bryan Tena Attorneys for Plaintiffs Daniel Ortega and
SHERIDAN & RUND, PC. KAHROBA
10 Yoselyn Garcia
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PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY SHAWN KAHROBA (SBN 270424) SHERIDAN & RUND, PC KAHROBA 270 Coral Circle El Segundo, CA 90245 TELEPHONE NO.: (310) 640-1200 FAX NO. (Optional): (310) 640-0200 E-MAIL ADDRESS: Shawn@srlawyers.com ATTORNEY FOR (Name): Plaintiff - Robert Rosett SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS: 1200 Aguajito Road MAILING ADDRESS: CITY AND ZIP CODE: Monterey, CA 93940 BRANCH NAME: Monterey Courthouse PLAINTIFF/PETITIONER: LOUIS MONTANO, JR. Et. Al. DEFENDANT/RESPONDENT: City of Salinas, Et. Al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ✖ UNLIMITED CASE LIMITED CASE 21CV003635 (Lead Case) (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 27, 2023 Time: 9:00 AM Dept.: 14 Div.: Room: Address of court (if different from the address above): ✖ Notice of Intent to Appear by Telephone, by (name): Shawn Kahroba INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ✖ This statement is submitted by party (name): Robert Rosett b. 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): 10/26/2022 (22CV003261) b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. ✖ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. ✖ The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Gino's Restaurant, Inc dba Gino's; Ngochao Thi Nguyen; and NTN Properties, LLC were all three were designated in the complaint under the Fictitious name of DOE's, and all three have been ascertained now. Pltf. Rosett will move to amend. 4. Description of case a. Type of case in ✖ complaint cross-complaint (Describe, including causes of action): Premises Liability and auto accident liability, resulting in serious injury. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Montano, Et. Al. CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, Et. Al. 21CV002531 (Lead Case) 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.) Plaintiff, Dr. Robert Rosett, was a patron at Defendant Gino's restaurant on November 19, 2020 when Defendant Austin Alarcon, drove his vehicle into the area that was designated for seating and service by Defendant Gino's and it's owners. Dr. Rosett sustained near catastrophic injuries (If 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 ✖ a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. ✖ 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): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ✖ days (specify number): 10-15 Days b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ✖ by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference 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 of the California Rules of Court 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) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (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) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Montano, Et. Al. CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, Et. Al. 21CV002531 (Lead Case) 10. c. 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 If the 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): ✖ Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation ✖ Agreed to complete mediation by (date): Mediation completed on (date): ✖ Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): ✖ conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration 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): ADR completed on (date): CM-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Montano, Et. Al. CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, Et. Al. 21CV002531 (Lead Case) 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. ✖ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: 22CV003261; 22CV002531; 22CV003206; 22CV003443; 22CV0003598 (4) Status: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 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): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. The party or parties have completed all discovery. b. ✖ The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Robert Rosett Written Discovery 10/31/2023 Party Depositions 02/01/2024 Expert Depositions Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Montano, Et. Al. CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, Et. Al. 21CV002531 (Lead Case) 17. Economic litigation a. This is a limited civil case (i.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. 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 request that the following additional matters be considered or determined at the case management conference (specify): Plaintiff Robert Rosett will file a Doe Amendment to his Complaint, adding DOES 1 through 3 by their actual names. This will be filed in the immediate future. 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): 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): I 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: 06/12/2023 Shawn Kahroba (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. September 1, 2021] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and 4 not a party to the within action; my business address is 270 Coral Circle, El Segundo, California 5 90245. 6 On June 12, 2023, I served the foregoing documents described as: PLAINTIFF ROBERT ROSETT – CASE MANAGEMENT STATEMENT on all interested parties in this action as follows: 7 8 SEE ATTACHED SERVICE LIST 9 [ ] (BY MAIL) I deposited such envelope in the mail at El Segundo, California. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's SHERIDAN & RUND, PC. KAHROBA 10 practice of collection and processing correspondence for mailing. Under that practice, it would be 11 deposited with U.S. Postal Service on that day with postage thereon fully prepaid in the ordinary 12 course of business. I am aware that on motion of the 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 13 affidavit. 14 [X] BY ELECTRONIC TRANSMISSION. By emailing the document(s) to the 15 persons at the e-mail address(es) provided. This manner of electronic service is permitted pursuant to 16 Code of Civil Procedure §1010.6 and California Rules of Court Rule 2.250. Such e-mail transmissions were complete with no errors reported. 17 18 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 19 20 Executed on June 12, 2023 at El Segundo, California. 21 22 _____________________________ SHAWN KAHROBA 23 24 25 26 27 28 1 PROOF OF SERVICE 1 SERVICE LIST PROOF OF SERVICE MAILING LIST 2 3 LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al. 4 CHRISTOPHER A. CALLIHAN William R. Price, Esq. CITY ATTORNEY D. Scott Dodd, Esq. 5 CITY OF SALINAS LAW OFFICES OF OFFICE OF THE CITY ATTORNEY WILLIAM R. PRICE 6 200 Lincoln Avenue 12636 High Bluff Dr., Suite 400 7 Salinas, CA 93901 San Diego, CA 92130 Telephone: (831) 758-7256 Telephone: (858) 888-0588 8 Facsimile: (831) 758-7257 Emails: wprice@williamrprice.com sdodd@williamrprice.com 9 Attorneys for Defendant and Attorneys for Defendant and SHERIDAN & RUND, PC. KAHROBA 10 Cross-Complainant CITY OF SALINAS Cross-Complainant CITY OF SALINAS 11 Emily A. Ruby, Esq. Richard C. Alpers, Esq. 12 Sergio R. Cardenas, Esq. ALPERS LAW GROUP, INC. GREENBERG AND RUBY INJURY P.O. Box 1540 13 ATTORNEYS, APC Aptos, CA 95001 14 6100 Wilshire Blvd., Ste. 1170 T: 855-808-1174 / F: 855-870-1129 Los Angeles, CA 90048 E: rca@alperslawgroup.com 15 T: 323-782-0535 / F: 323-782-0543 E: eruby@caltrialpros.com 16 scardenas@caltrialpros.com kdobroth@caltrialpros.com 17 18 Attorneys for Plaintiffs, LOUIS MONTANO, Co-Counsel for Plaintiffs, LOUIS JR.; LOUIE MONTANO III; MICHAEL MONTANO, JR.; LOUIE MONTANO 19 MONTANO III; MICHAEL MONTANO 20 Joseph J. Babich, Esq. Shahin “Shawn” Kahroba, Esq. DREYER BABICH BUCCOLA WOOD SHERIDAN & RUND, KAHROBA PC 21 CAMPORA, LLP 270 Coral Circle 22 20 Bicentennial Circle El Segundo, CA 90245 Sacramento, CA 95826 T: 310-640-1200 / F: 310-640-0200 23 T: 916-379-3500 / F: 916-379-3599 E: shawn@srlawyers.com E: jbabich@dbbwc.com 24 tstevens@dbbwc.com DBBWC-ESERVICE@dbbwc.com 25 26 Attorneys for Plaintiff, MAIRA ARELLANO Attorneys for Plaintiff, ROBERT – Monterey Superior Court, Case # 22CV002531; ROSETT – Monterey Superior Court, 27 Maira Arellano vs. Austin Alarcon, et al. Case # 22CV003261; Robert Rosett vs Austin Alarcon, et al. 28 2 PROOF OF SERVICE Robert L. Reisinger, Esq. Rodney N. Mayr, Esq. 1 Matthew M. Spolsky, Esq. MAYR LAW FIRM 2 FORD, WALKER, HAGGERTY & BEHAR, 1010 W. Taylor St. LLP San Jose, CA 95126 3 One World Trade Center, 27th Floor T: 408-331-7606 / F: 669-266-5612 Long Beach, CA 90831 E: rodney@mayrlawfirm.com 4 T: 562-983-2579/ F: 562-590-3571 emiliano@mayrlawfirm.com E: mspolsky@fwhb.com 5 *SERVE VIA FACSIMILE ALSO – rvance@fwhb.com rlrservice@fwhb.com CONSISTENT PROBLEMS WITH THEIR 6 EMAIL* 7 Attorneys for Defendant/Cross-Complainant, AUSTIN ALARCON– Monterey Superior 8 Court, 22CV002531; Maira Arellano vs. Austin Alarcon, et al. 9 Attorneys for Defendants/Cross- Defendants, ROSAURA ARCOS SHERIDAN & RUND, PC. KAHROBA 10 PANIAGUA and AUSTIN ALARCON 11 12 Michael P. Masuda, Esq. Neil P. Berman, Esq. NOLAND, HAMERLY, ETIENNE & HOSS RUCKA, O'BOYLE, LOMBARDO & 13 333 Salinas St. MCKENNA 14 Salinas, CA 93901 245 W. Laurel Dr. Mailing Address: Salinas, CA 93906 15 P.O. Box 2510, Salinas, CA 93902 T: 831-443-1051 / F: 831-443-6419 T: 831-424-1414 / F: 831-424-1975 E: nberman@rolmlaw.com; 16 E: mmasuda@nheh.com; parce@nheh.com spena@rolmlaw.com 17 Attorneys for Plaintiff, KEVIN SMITH – Attorneys for Plaintiff, DIANE 18 Monterey Superior Court, Case #22CV003443; MIDDAUGH Kevin Smith vs Gino's Fine Italian Food, Inc., et – Monterey Superior Court, Case 19 al. #22CV003206; Diane Middaugh vs BLFA Properties LLC, et al. 20 Cynthia Shambaugh Laurie J. Elza, Esq. 21 Chandrani Mandal LAW OFFICES OF JOHN A. 22 LEWIS BRISBOIS BISGAARD & SMITH HAUSER LLP One Pointe Drive, 6th Floor, 23 2185 N. California Blvd., Ste. 300 Brea CA 92821 Walnut Creek, CA 94596 Mailing Address: 24 T: 925-357-3456 / F: 925-478-3260 PO Box 2282, Brea, CA 92822 25 E: Chandrani.mandal@lewisbrisbois.com T: (714) 371-2311 / F: (877) 369-5799 izie.hudson@lewisbrisbois.com E: laurie.elza@thehartford.com 26 Cynthia.Shambaugh@lewisbrisbois.com Joan.Whipple@lewisbrisbois.com 27 Attorneys for Defendants/Cross-Defendants, GINO’S RESTAURANT, INC.; GINO’S 28 3 PROOF OF SERVICE FINE ITALIAN FOOD, INC. and Attorneys for Defendant and Cross- 1 NGOCHAO THI NGUYEN Complainant, NTN PROPERTIES LLC 2 Anthony F. Pinelli, Esq. Owili K. Eison, Esq. 3 Gina Huettel, Esq. Julian C. Sonnega, Esq. WILLIAMS, PINELLI & CULLEN Yen-Yu Liu, Esq. 4 1960 The Alameda, Suite 195 Rene Gutierrez, Esq. San Jose, CA 95126 Steve M. Jang, Esq. 5 T: 408-288-3860 BD&J, P.C. 6 F: 408-288-3860 9701 Wilshire Blvd., 12th Floor E: apinelli@wpclaw.com Beverly Hills, CA 90212 7 ghuettel@wpclaw.com E: ryl@bhattorneys.com amagana@wpclaw.com Eservet1@bhattorneys.com 8 edurand@wpclaw.com 9 Attorneys for Defendant Bryan Tena Attorneys for Plaintiffs Daniel Ortega and SHERIDAN & RUND, PC. KAHROBA 10 Yoselyn Garcia 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 PROOF OF SERVICE