Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Joseph J. Babich, Esq. / SBN 096290
Dreyer Babich Buccola Wood Campora, LLP
20 Bicentennial Circle
Sacramento, CA 95826
tevepHoneNo: (916) 379-3500 Faxno.loptionay: (916) 379-3599
email appress: DBBWC-ESERVICE@dbbwc.com
ATTORNEY
FOR (Nema: Plaintiff, MAIRA ARELLANO
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey
streetappress: 1200 Aguajito Road
MAILING ADDRESS:
CITY AND ZIP CODE: Monterey, CA 93940
BRANCH NAME: Monterey Courthouse
LOUIS MONTANO, JR.;
PLAINTIFF/PETITIONER: LOUIE MONTANO III;
and MICHAEL MONTANO
DEFENDANT/RESPONDENT: CITY OF SALINAS; GINO'S RESTAURANT, INC.;
GINO'S FINE ITALIAN FOOD, INC
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one). (K] UNLIMITED CASE () uimitep CASE 21CV003635
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: August 29, 2023Time: 9:00 a.m Dept. 14 Div. Room:
Address of court (if different from the address above).
[K) Notice of Intent to Appear by Telephone, by (name): Samual L. Dollar, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one).
a. (K) This statement is submitted by party (name). Plaintiff, MAIRA ARELLANO
b. [Q) This statement is submitted jointly by parties (names).
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date). 08/24/22 (* In ARELLANO matter only)
b. (2) The cross-complaint, if any, was filed on (date)
Service (to be answered by plaintiffs and cross-complainants only)
a [X) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed
b. (2) The following parties named in the complaint or cross-complaint
(1) (2) have not been served (specify names and explain why not).
(2) (2) have been served but have not appeared and have not been dismissed (specify names).
(3) (CD have had a default entered against them (specify names).
c. CJ The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
Description of case
a. Type of case in (K) complaint (J cross-complaint (Describe, including causes of action).
Personal Injury; Negligence
Page 1 of 5
For Jopted for Mandat CASE MANAGEMENT STATEMENT Cal, Rutes of Court,
‘Judieal Council of Cat | Essential
CM-110 [Rev. Lesion42021] ceb.com | {e]Forms woww.courts.ca.gov
J-ARELLANO, MAIRA
CM-110
PLAINTIFF/PETITIONER: LOUIS MONTANO, OR. LOUIE MONTANO III; CASE NUMBER:
and MICHAEL MONTANO 21CV003635
DEFENDANT/RESPONDENT: CITY OF SALINAS; GINO'S RESTAURANT, INC.;
GINO'S FINE ITALIAN FOOD, INC.;
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.)
[K) (if more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request (X] a jury trial CC) a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. (CD The trial has been set for (date):
b. [XJ 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):
See attached.
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [&]) days (specify number): 10-15
b. (2) hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [XQ by the attomey or party listed in the caption (CE) by the following:
a Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
4 E-mail address: 9. Party represented:
Additional representation is described in Attachment 8.
9. Preference
(2) 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 (2) 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 (Cy) has not reviewed the ADR information package identified in rule 3.221
Referral to judicial arbitration or civil action mediation (if available).
(1) (CC) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under of Cade of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) (CC) 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) (2) 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] CASE MANAGEMENT STATEMENT Page
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CM-110
PLAINTIFF/PETITIONER: LOUIS MONTANO, JR.; LOUIE MONTANO III; CASE NUMBER:
and MICHAEL MONTANO 21CV003635
DEFENDANT/RESPONDENT: CITY OF SALINAS; GINO'S RESTAURANT, INC.;
GINO'S FINE ITALIAN FOOD, INC.;
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 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):
(QQ Mediation session not yet scheduled
(CJ Mediation session scheduled for (date):
(1) Mediation
(CC) Agreed to complete mediation by (date):
(CC) Mediation completed on (date):
CQ] Settlement conference not yet scheduled
(2) Settlement CC) Settlement conference scheduled for (date):
conference
(CC) Agreed to complete settlement conference by (date):
(CC) Settlement conference completed on (date):
oO Neutral evaluation not yet scheduled
[2] Neutral evaluation scheduled for (date):
(3) Neutral evaluation
(2) Agreed to complete neutral evaluation by (date):
(2) Neutral evaluation completed on (date):
() Judicial arbitration not yet scheduled
(4) Nonbinding judicial (2) Judicial arbitration scheduled for (date):
arbitration
(2) Agreed to complete judicial arbitration by (date):
(2) Judicial arbitration completed on (date):
(2) Private arbitration not yet scheduled
(5) Binding private (2) Private arbitration scheduled for (date):
arbitration
Co) Agreed to complete private arbitration by (date):
(2) Private arbitration completed on (date):
CD ADR session not yet scheduled
(6) Other (specify): (CV ADR session scheduled for (date):
(C) Agreed to complete ADR session by (date):
(CA ADR completed on (date):
(CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page
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J-ARELLANO, MAIRA
CM-110
PLAINTIFF/PETITIONER:
LOUIS MONTANO, JR.; LOUIE MONTANO III; CASE NUMBER:
and MICHAEL MONTANO 21CV003635
DEFENDANT/RESPONDENT: CITY OF SALINAS; GINO'S RESTAURANT, INC.;
GINO'S FINE ITALIAN FOOD, INC.;
11. Insurance
a C) Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: CI Yes CQ No
Cc. (CQ 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.
(2) Bankruptcy C) Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. (KX) There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number: 22Cv002531, 22CV003206, 22CV003261, 22CV003443, 22CV00359
(4) Status:
(C) Additional cases are described in Attachment 13a.
b. (2) Amotion to CJ consolidate CC) coordinate will be filed by (name party):
14. Bifurcation
(CC) 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
(CQ) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motions in Limine
16. Discovery
a. CC) The party or parties have completed all discovery.
b. [X] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptio Date
Plaintiff, MAIRA ARELLANO Written Discovery December 2023
Plaintiff, MAIRA ARELLANO Depositions December 2023
Plaintiff, MAIRA ARELLANO Expert Discovery Per Code
c. (J The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 40f5
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CM-110
PLAINTIFF/PETITIONER: LOUIS O, LOL UIE MONT Ill; CASE NUMBER:
and MICHAEL MONTANO 21CV003635
DEFENDANT/RESPONDENT: CITY OF NAS GINO'S RE In
GINO'S FINE IT, AN FOOD, INC.
17. Economic litigation
a. C1 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. (2) 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). This case involves a vehicle driven by defendant Austin Alarcon that left the roadway and colleded with multiple outdoor
dinne resulting in a variety of injuries and multiple claims. Alliance United Insurance company, the liability insurer for
defendant Austin Alarcon, has tendered it's $15,000/$30,000 policy limit to all claimants. Counsel for defendant Austin
Alarcon has offered to submit the allocation of the $15,000/$30,000 policy limit to a mediator. We estimate that the
mediation can ti place within the next 120 days. Plaintiff intends to file Amendment to Complaint to name
Defendant DOE 2 - NTN Properties LLC.
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. CC) 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) 6
| 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: August 14 2023
Joseph J. Babich Esq ae
(TYPE OR PRINT NAME) 7 sienarure OF PARTY OR ATTORNEY}
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
C2 Additional signatures are attached
(CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5
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J-ARELLANO, MAIRA
MC-025
SHORT TITLE: CASE NUMBER:
[ MONTANO, ec al. v. CITY OF SALINAS, et a 21CV003635
ATTACHMENT (Number): 4b
(This Attachment may be used with any Judicial Council form.)
This personal injury matter arises from an incident that occurred on November
19, 2020. At approximately 8:08 p.m., then-35-year-old Plaintiff MAIRA ARELLANO
was sitting in the outdoor dining tent at Gino's Fine Italian Food, located at
1410 South Main Street, in the City of State of Salinas, County of Monterey,
California. At the same time and general location, Defendant AUSTIN ALARCON
drove a 2013 Mercedes C-Series (California License Number 7BXH652) southbound
on South Main Street, evading police in a pursuit to pull off the road, when
Defendant AUSTIN ALARCON collided with a 2020 Toyota Corolla, lost control of
his vehicle, and collided with Plaintiff and dozens of others in the dining
tent, thereby causing injury and damages to Plaintiff and at least 15 other
individuals. At the time of the subject incident, the vehicle driven by
Defendant AUSTIN ALARCON was owned and insured by Defendants ARTURO ALARCON and
ROSAURA ARCOS PANIAGUA.
As a result of the subject incident, Plaintiff suffered injuries to her lower
back (including a right L3 transverse process minimally displaced fracture) and
right leg (including a right femoral fracture), along with various abrasions
and contusions over her body. She also has experienced anxiety and
post-traumatic stress disorder as a result of the subject incident.
Plaintiff was transported by ambulance to Natividad Medical Center, where she
was hospitalized for several days and ultimately underwent intramedullary
nailing of her right femoral shaft fracture by Kartheek K. Reddy, M.D.
Plaintiff had follow-up care at AriaMed Clinic and underwent several
acupuncture treatments at Sharon Zeiss Acupuncture during 2021. Plaintiff's
right leg has recovered post-surgery with time, and her right L3 transverse
process fracture has healed nonoperatively with time. Plaintiff continues to
experience anxiety and PTSD, for which she intends to seek therapy in the near
future.
Plaintiff seeks economic damages for (1) past medical expenses, (2) past
income loss, and (3) loss of ability to provide household services. Plaintiff
seeks noneconomic damages for (1) past and future physical and mental
suffering, (2) loss of enjoyment of life, (3) physical impairment, (4)
inconvenience, (5) anxiety, and (6) emotional distress.
Plaintiff's past lost earnings to date total approximately $9,775.00.
Plaintiff's estimated future lost earnings are $0.00 at this time.
Plaintiff's past medical expenses total $32,769.25. That number is Plaintiff's
"Howell" number, which represents the sum of all payments made by Plaintiff and
by Plaintiff's health care insurers for her care and treatment to date, and
whatever amounts Plaintiff still owes for her medical care and treatment.
Plaintiff continues to experience anxiety and PTSD for which she intends to
seek therapy in the near future. The nature, duration, and estimated cost for
such future treatment is unknown at this time.
(if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.) (Add pages as required)
Form Ap roved for Optional Use ATTACHMENT worn courtinfo.ca.gov
Judicial fe Council of lifomnia
‘MC-025 (Rev. July 1, to Judicial Council Form
q | | Essential
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J-ARELLANO, MAIRA
tor-T-y-} ie Co} ditt Xela -1e 111-1) Mii MPy- 1s)
Reyner/Berlin 07/27/23
09/19/23
(Sacramento) 09/12/23
= _
PTC
Dickinson
10/02/23
10/13/23
10/24/23
(Nevada)
Norwood 01/08/24
11/13/23
(Sacramento)
——
Lawson cTc
03/15/24 04/02/24
(Placer) 03/22/24
Kassis 04/29/24
03/21/24
(Sacramento)
=
Phillips 07/23/24
06/17/24
(Sacramento)
Herritt 07/26/24
07/26/24 08/05/24
(Placer) cTc
=
Morrow
08/12/24 09/17/24
(Sacramento)
=<
Molina
09/05/24 10/14/24
(Sacramento)
King 10/29/24
11/12/24
(USDC - Northern) Pretrial Conference
Cervantez/
Velis 11/19/24 01/06/25
Sacramento __
Roediger
Sacramento
12/12/24 01/21/25
Morse
01/15/25 03/03/25
Sacramento
—
PROOF OF SERVICE - CCP § 1013, 1013a, 2015.5
and California Rules of Court, Rule 2.306
Montano, et al. v. Nguyen, et al.
Monterey County Superior Case No.: 21CV003635
I, the undersigned, declare that:
I am a citizen of the United States and am over the age of eighteen years and not a
party to the within above-entitled action. I am an employee of Dreyer Babich Buccola Wood
Campora, LLP and my business address is 20 Bicentennial Circle, Sacramento, CA 95826
On the below date, I served the within document:
CASE MANAGEMENT STATEMENT
10 On the parties in said action addressed as follows:
11 SEE ATTACHED SERVICE LIST
12 BY ELECTRONIC TRANSMISSION: Based on a Court order or an agreement of the
parties to accept service by electronic transmission, 1 caused the documents to be
13 electronically sent to the persons on the attached service list. I did not receive, within a
reasonable time after the transmission, any electronic message or other indication that the
14 transmission was unsuccessful.
15 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and that this declaration was executed on August 14, 2023, at
16 Sacramento, CA.
17
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==
Proof of Service
SERVICE LIST
Cornelo V. Dilag, Esq. Attorneys for Defendants and
FORD, WALKER, HAGGERTY & BEHAR Cross-Complainant,
One World Trade Center, 27" Floor AUSTIN ALARCON,
Long Beach, CA 90831-2700 ARTURO ALARCON, and
Telephone: (562) 983-2500 ROSAURA ARCOS PANIAGUA
Email: RLRService@fwhb.com
Ema cdilag@fwhb.com Monterey County Superior Court
Email: jprado@fwhb.com Case No, 22CV002531;
Maira Arellano vs. Austin Alarcon, et al.
Laurie J. Elza, Esq. Attorneys for Defendant and
LAW OFFICES OF JOHN A. HAUSER Cross-Complainant,
Physical Address: NTN PROPERTIES LLC
One Pointe Drive, 6" Floor, Brea, CA 92821
Mailing Address:
P.O. Box 2282, Brea, CA 92822
10 Telephone: (714) 371-2311
Facsimile: (877) 369-5799
11 Email: laurie.elza@thehartford.com
Ema maureen.merriles@thehartford.com
12 Email: LawOfficesHauser@thehartford.com
13
Emily A. Ruby, Esq. Attorneys for Plaintiffs,
14 Sergio R. Cardenas, Esq. LOUIS MONTANO, JR.;
GREENBERG AND RUBY INJURY ATTORNEYS, APC LOUIE MONTANO III;
15 6100 Wilshire Boulevard, Suite 1170 MICHAEL MONTANO
Los Angeles, CA 90048
16 Telephone: 323-782-0535
Facsimile: 323-782-0543
17 Email é ruby@caltrialpros.com
Ema cardenas@caltrialpros.com
18 Ema kdobroth@caltrialpros.com
Email records@caltrialpros.com
19
20 Richard C. Alpers, Esq. Co-Counsel for Plaintiffs,
ALPERS LAW GROUP, INC. LOUIS MONTANO, JR.;
21 P.O. Box 1540 LOUIE MONTANO III;
Aptos, CA 95001 MICHAEL MONTANO
22 Telephone: 855-808-1174
Facsimile: 855-870-1129
23 Email: rca@alperslawgroup.com
24
Christopher A. Callihan, Esq. Attorneys for Defendant and
25 OFFICE OF THE CITY ATTORNEY Cross-Complainant,
200 Lincoln Avenue CITY OF SALINAS
26 Salinas, CA 93901
Telephone: 831-758-7256
27 Facsimile: 831-758-7257
Email: chrisc@ci.salinas.ca.u
28
aD
Proof of Service
William R. Price, Esq. Co-Counsel for Defendant and
D. Scott Dodd, Esq. Cross-Complainant,
LAW OFFICES OF WILLIAM R. PRICE CITY OF SALINAS
12636 High Bluff Drive, Suite 400
San Diego, CA 92130
Telephone: 831-758-7256
Email: wprice@williamrprice.com
Email: sdodd@williamrprice.com
Email: dhartsough@williamrprice.com
Email: obarnes@williamrprice.com
Jessica N. Wahl, Esq. Attorneys for Defendants and
LEWIS BRISBOIS BISGAARD & SMITH LLP Cross-Defendants,
2185 N. California Boulevard, Suite 300 GINO’S RESTAURANT, INC.;
Walnut Creek, CA 94596 GINO’S FINE ITALIAN FOOD, INC. and
Telephone: 925-357-3456 NGOCHAO THI NGUYEN
Facsimile: 925-478-3260
10 Email: Cynthia. Shambaugh@lewisbrisbois.com
Email: Chandrani.Mandal@lewisbrisbois.com
11 Email: Joan.Whipple@lewisbrisbois.com
Email: Izie. Hudson@lewisbrisbois.com
12
13 Rodney N. Mayr, Esq. Attorneys for Defendants and
MAYR LAW FIRM Cross-Defendants,
14 1010 W. Taylor Street ROSAURA ARCOS PANIAGUA and
San Jose, CA 95126 AUSTIN ALARCON
15 Telephone: 408-331-7606
Facsimile: 669-266-5612
16 Email: rodney@mayrlawfirm.com
Email: emiliano@mayrlawfirm.com
17
18 Neil P. Berman, Esq. Attorneys for Plaintiff,
RUCKA, O'BOYLE, LOMBARDO & MCKENNA DIANE MIDDAUGH
19 245 W. Laurel Drive
Salinas, CA 93906 Monterey County Superior Court
20 Telephone: 831-443-1051 Case No. 22CV003206;
Facsimile: 831-443-6419 Diane Middaugh vs BLFA Properties
21 Email: nberman@rolmlaw.com LLC, et al.
Email: spena@rolmlaw.com
22 Email: janie@rolmlaw.com
23 Shahin “Shawn” Kahroba, Esq. Attorneys for Plaintiff,
SHERIDAN & RUND, KAHROBA PC ROBERT ROSETT
24 270 Coral Circle
El Segundo, CA 90245 Monterey County Superior Court
25 Telephone: 310-640-1200 Case No. 22CV003261;
Facsimile: 310-640-0200 Robert Rosett vs Austin Alarcon, et al.
26 Email: shawn@srlawyers.com
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Proof of Service
Robert D. Ponce, Esq. Attorneys for Plaintiff,
LAW OFFICE OF ROBERT D PONCE KEVIN SMITH
400 Camino Aguajito, Suite 100
Monterey, CA 93940 Monterey County Superior Court
Telephone: 831-649-0515 Case No. 22CV003443;
Facsimile: 831-649-3397 Kevin Smith vs Gino's Fine Italian
Email: rponce@redshift.com Food, Inc., et al.
Owili K. Eison, Esq. Attorneys for Plaintiffs,
BD&J, PC DANIEL ORTEGA and
9701 Wilshire Boulevard, 12th Floor YOSELIN GARCIA
Beverly Hills, CA 90212
Telephone: 310-385-8080 Monterey County Superior Court
Facsimile: 310-385-8080 Case No. 22CV003598;
Email: oe@bhattorneys.com Daniel Ortega, et al. vs. Austin
Email: ryl@bhattorneys.com Alarcon, et al.
Email: rr bhattorneys.com
10 Email: EserveT1@bhattorneys.com
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Proof of Service
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Joseph J. Babich, Esq. / SBN 096290 Dreyer Babich Buccola Wood Campora, LLP 20 Bicentennial Circle Sacramento, CA 95826 tevepHoneNo: (916) 379-3500 Faxno.loptionay: (916) 379-3599 email appress: DBBWC-ESERVICE@dbbwc.com ATTORNEY FOR (Nema: Plaintiff, MAIRA ARELLANO SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey streetappress: 1200 Aguajito Road MAILING ADDRESS: CITY AND ZIP CODE: Monterey, CA 93940 BRANCH NAME: Monterey Courthouse LOUIS MONTANO, JR.; PLAINTIFF/PETITIONER: LOUIE MONTANO III; and MICHAEL MONTANO DEFENDANT/RESPONDENT: CITY OF SALINAS; GINO'S RESTAURANT, INC.; GINO'S FINE ITALIAN FOOD, INC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one). (K] UNLIMITED CASE () uimitep CASE 21CV003635 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 29, 2023Time: 9:00 a.m Dept. 14 Div. Room: Address of court (if different from the address above). [K) Notice of Intent to Appear by Telephone, by (name): Samual L. Dollar, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one). a. (K) This statement is submitted by party (name). Plaintiff, MAIRA ARELLANO b. [Q) This statement is submitted jointly by parties (names). Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date). 08/24/22 (* In ARELLANO matter only) b. (2) The cross-complaint, if any, was filed on (date) Service (to be answered by plaintiffs and cross-complainants only) a [X) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed b. (2) The following parties named in the complaint or cross-complaint (1) (2) have not been served (specify names and explain why not). (2) (2) have been served but have not appeared and have not been dismissed (specify names). (3) (CD have had a default entered against them (specify names). c. CJ The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): Description of case a. Type of case in (K) complaint (J cross-complaint (Describe, including causes of action). Personal Injury; Negligence Page 1 of 5 For Jopted for Mandat CASE MANAGEMENT STATEMENT Cal, Rutes of Court, ‘Judieal Council of Cat | Essential CM-110 [Rev. Lesion42021] ceb.com | {e]Forms woww.courts.ca.gov J-ARELLANO, MAIRA CM-110 PLAINTIFF/PETITIONER: LOUIS MONTANO, OR. LOUIE MONTANO III; CASE NUMBER: and MICHAEL MONTANO 21CV003635 DEFENDANT/RESPONDENT: CITY OF SALINAS; GINO'S RESTAURANT, INC.; GINO'S FINE ITALIAN FOOD, INC.; 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.) [K) (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request (X] a jury trial CC) a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. (CD The trial has been set for (date): b. [XJ 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): See attached. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [&]) days (specify number): 10-15 b. (2) hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [XQ by the attomey or party listed in the caption (CE) by the following: a Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: 4 E-mail address: 9. Party represented: Additional representation is described in Attachment 8. 9. Preference (2) 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 (2) 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 (Cy) has not reviewed the ADR information package identified in rule 3.221 Referral to judicial arbitration or civil action mediation (if available). (1) (CC) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Cade of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) (CC) 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) (2) 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] CASE MANAGEMENT STATEMENT Page 2 of 5 BRCEB| Essential ceb.com| fi! J-ARELLANO, MAIRA CM-110 PLAINTIFF/PETITIONER: LOUIS MONTANO, JR.; LOUIE MONTANO III; CASE NUMBER: and MICHAEL MONTANO 21CV003635 DEFENDANT/RESPONDENT: CITY OF SALINAS; GINO'S RESTAURANT, INC.; GINO'S FINE ITALIAN FOOD, INC.; 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 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): (QQ Mediation session not yet scheduled (CJ Mediation session scheduled for (date): (1) Mediation (CC) Agreed to complete mediation by (date): (CC) Mediation completed on (date): CQ] Settlement conference not yet scheduled (2) Settlement CC) Settlement conference scheduled for (date): conference (CC) Agreed to complete settlement conference by (date): (CC) Settlement conference completed on (date): oO Neutral evaluation not yet scheduled [2] Neutral evaluation scheduled for (date): (3) Neutral evaluation (2) Agreed to complete neutral evaluation by (date): (2) Neutral evaluation completed on (date): () Judicial arbitration not yet scheduled (4) Nonbinding judicial (2) Judicial arbitration scheduled for (date): arbitration (2) Agreed to complete judicial arbitration by (date): (2) Judicial arbitration completed on (date): (2) Private arbitration not yet scheduled (5) Binding private (2) Private arbitration scheduled for (date): arbitration Co) Agreed to complete private arbitration by (date): (2) Private arbitration completed on (date): CD ADR session not yet scheduled (6) Other (specify): (CV ADR session scheduled for (date): (C) Agreed to complete ADR session by (date): (CA ADR completed on (date): (CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 WRCEB | Essential ceb.com | {2]Forms: J-ARELLANO, MAIRA CM-110 PLAINTIFF/PETITIONER: LOUIS MONTANO, JR.; LOUIE MONTANO III; CASE NUMBER: and MICHAEL MONTANO 21CV003635 DEFENDANT/RESPONDENT: CITY OF SALINAS; GINO'S RESTAURANT, INC.; GINO'S FINE ITALIAN FOOD, INC.; 11. Insurance a C) Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: CI Yes CQ No Cc. (CQ 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. (2) Bankruptcy C) Other (specify): Status: 13. Related cases, consolidation, and coordination a. (KX) There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: 22Cv002531, 22CV003206, 22CV003261, 22CV003443, 22CV00359 (4) Status: (C) Additional cases are described in Attachment 13a. b. (2) Amotion to CJ consolidate CC) coordinate will be filed by (name party): 14. Bifurcation (CC) 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 (CQ) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in Limine 16. Discovery a. CC) The party or parties have completed all discovery. b. [X] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptio Date Plaintiff, MAIRA ARELLANO Written Discovery December 2023 Plaintiff, MAIRA ARELLANO Depositions December 2023 Plaintiff, MAIRA ARELLANO Expert Discovery Per Code c. (J The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 40f5 GECEB | Essential ceb.com | fs}Forms: J-ARELLANO, MAIRA CM-110 PLAINTIFF/PETITIONER: LOUIS O, LOL UIE MONT Ill; CASE NUMBER: and MICHAEL MONTANO 21CV003635 DEFENDANT/RESPONDENT: CITY OF NAS GINO'S RE In GINO'S FINE IT, AN FOOD, INC. 17. Economic litigation a. C1 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. (2) 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). This case involves a vehicle driven by defendant Austin Alarcon that left the roadway and colleded with multiple outdoor dinne resulting in a variety of injuries and multiple claims. Alliance United Insurance company, the liability insurer for defendant Austin Alarcon, has tendered it's $15,000/$30,000 policy limit to all claimants. Counsel for defendant Austin Alarcon has offered to submit the allocation of the $15,000/$30,000 policy limit to a mediator. We estimate that the mediation can ti place within the next 120 days. Plaintiff intends to file Amendment to Complaint to name Defendant DOE 2 - NTN Properties LLC. 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. CC) 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) 6 | 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: August 14 2023 Joseph J. Babich Esq ae (TYPE OR PRINT NAME) 7 sienarure OF PARTY OR ATTORNEY} > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) C2 Additional signatures are attached (CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 GICEB [Essential ceb.com [=)Forms: J-ARELLANO, MAIRA MC-025 SHORT TITLE: CASE NUMBER: [ MONTANO, ec al. v. CITY OF SALINAS, et a 21CV003635 ATTACHMENT (Number): 4b (This Attachment may be used with any Judicial Council form.) This personal injury matter arises from an incident that occurred on November 19, 2020. At approximately 8:08 p.m., then-35-year-old Plaintiff MAIRA ARELLANO was sitting in the outdoor dining tent at Gino's Fine Italian Food, located at 1410 South Main Street, in the City of State of Salinas, County of Monterey, California. At the same time and general location, Defendant AUSTIN ALARCON drove a 2013 Mercedes C-Series (California License Number 7BXH652) southbound on South Main Street, evading police in a pursuit to pull off the road, when Defendant AUSTIN ALARCON collided with a 2020 Toyota Corolla, lost control of his vehicle, and collided with Plaintiff and dozens of others in the dining tent, thereby causing injury and damages to Plaintiff and at least 15 other individuals. At the time of the subject incident, the vehicle driven by Defendant AUSTIN ALARCON was owned and insured by Defendants ARTURO ALARCON and ROSAURA ARCOS PANIAGUA. As a result of the subject incident, Plaintiff suffered injuries to her lower back (including a right L3 transverse process minimally displaced fracture) and right leg (including a right femoral fracture), along with various abrasions and contusions over her body. She also has experienced anxiety and post-traumatic stress disorder as a result of the subject incident. Plaintiff was transported by ambulance to Natividad Medical Center, where she was hospitalized for several days and ultimately underwent intramedullary nailing of her right femoral shaft fracture by Kartheek K. Reddy, M.D. Plaintiff had follow-up care at AriaMed Clinic and underwent several acupuncture treatments at Sharon Zeiss Acupuncture during 2021. Plaintiff's right leg has recovered post-surgery with time, and her right L3 transverse process fracture has healed nonoperatively with time. Plaintiff continues to experience anxiety and PTSD, for which she intends to seek therapy in the near future. Plaintiff seeks economic damages for (1) past medical expenses, (2) past income loss, and (3) loss of ability to provide household services. Plaintiff seeks noneconomic damages for (1) past and future physical and mental suffering, (2) loss of enjoyment of life, (3) physical impairment, (4) inconvenience, (5) anxiety, and (6) emotional distress. Plaintiff's past lost earnings to date total approximately $9,775.00. Plaintiff's estimated future lost earnings are $0.00 at this time. Plaintiff's past medical expenses total $32,769.25. That number is Plaintiff's "Howell" number, which represents the sum of all payments made by Plaintiff and by Plaintiff's health care insurers for her care and treatment to date, and whatever amounts Plaintiff still owes for her medical care and treatment. Plaintiff continues to experience anxiety and PTSD for which she intends to seek therapy in the near future. The nature, duration, and estimated cost for such future treatment is unknown at this time. (if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) Form Ap roved for Optional Use ATTACHMENT worn courtinfo.ca.gov Judicial fe Council of lifomnia ‘MC-025 (Rev. July 1, to Judicial Council Form q | | Essential cabcom | E\Forms J-ARELLANO, MAIRA tor-T-y-} ie Co} ditt Xela -1e 111-1) Mii MPy- 1s) Reyner/Berlin 07/27/23 09/19/23 (Sacramento) 09/12/23 = _ PTC Dickinson 10/02/23 10/13/23 10/24/23 (Nevada) Norwood 01/08/24 11/13/23 (Sacramento) —— Lawson cTc 03/15/24 04/02/24 (Placer) 03/22/24 Kassis 04/29/24 03/21/24 (Sacramento) = Phillips 07/23/24 06/17/24 (Sacramento) Herritt 07/26/24 07/26/24 08/05/24 (Placer) cTc = Morrow 08/12/24 09/17/24 (Sacramento) =< Molina 09/05/24 10/14/24 (Sacramento) King 10/29/24 11/12/24 (USDC - Northern) Pretrial Conference Cervantez/ Velis 11/19/24 01/06/25 Sacramento __ Roediger Sacramento 12/12/24 01/21/25 Morse 01/15/25 03/03/25 Sacramento — PROOF OF SERVICE - CCP § 1013, 1013a, 2015.5 and California Rules of Court, Rule 2.306 Montano, et al. v. Nguyen, et al. Monterey County Superior Case No.: 21CV003635 I, the undersigned, declare that: I am a citizen of the United States and am over the age of eighteen years and not a party to the within above-entitled action. I am an employee of Dreyer Babich Buccola Wood Campora, LLP and my business address is 20 Bicentennial Circle, Sacramento, CA 95826 On the below date, I served the within document: CASE MANAGEMENT STATEMENT 10 On the parties in said action addressed as follows: 11 SEE ATTACHED SERVICE LIST 12 BY ELECTRONIC TRANSMISSION: Based on a Court order or an agreement of the parties to accept service by electronic transmission, 1 caused the documents to be 13 electronically sent to the persons on the attached service list. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the 14 transmission was unsuccessful. 15 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on August 14, 2023, at 16 Sacramento, CA. 17 eee NS 18 19 20 21 22 23 24 25 26 27 28 == Proof of Service SERVICE LIST Cornelo V. Dilag, Esq. Attorneys for Defendants and FORD, WALKER, HAGGERTY & BEHAR Cross-Complainant, One World Trade Center, 27" Floor AUSTIN ALARCON, Long Beach, CA 90831-2700 ARTURO ALARCON, and Telephone: (562) 983-2500 ROSAURA ARCOS PANIAGUA Email: RLRService@fwhb.com Ema cdilag@fwhb.com Monterey County Superior Court Email: jprado@fwhb.com Case No, 22CV002531; Maira Arellano vs. Austin Alarcon, et al. Laurie J. Elza, Esq. Attorneys for Defendant and LAW OFFICES OF JOHN A. HAUSER Cross-Complainant, Physical Address: NTN PROPERTIES LLC One Pointe Drive, 6" Floor, Brea, CA 92821 Mailing Address: P.O. Box 2282, Brea, CA 92822 10 Telephone: (714) 371-2311 Facsimile: (877) 369-5799 11 Email: laurie.elza@thehartford.com Ema maureen.merriles@thehartford.com 12 Email: LawOfficesHauser@thehartford.com 13 Emily A. Ruby, Esq. Attorneys for Plaintiffs, 14 Sergio R. Cardenas, Esq. LOUIS MONTANO, JR.; GREENBERG AND RUBY INJURY ATTORNEYS, APC LOUIE MONTANO III; 15 6100 Wilshire Boulevard, Suite 1170 MICHAEL MONTANO Los Angeles, CA 90048 16 Telephone: 323-782-0535 Facsimile: 323-782-0543 17 Email é ruby@caltrialpros.com Ema cardenas@caltrialpros.com 18 Ema kdobroth@caltrialpros.com Email records@caltrialpros.com 19 20 Richard C. Alpers, Esq. Co-Counsel for Plaintiffs, ALPERS LAW GROUP, INC. LOUIS MONTANO, JR.; 21 P.O. Box 1540 LOUIE MONTANO III; Aptos, CA 95001 MICHAEL MONTANO 22 Telephone: 855-808-1174 Facsimile: 855-870-1129 23 Email: rca@alperslawgroup.com 24 Christopher A. Callihan, Esq. Attorneys for Defendant and 25 OFFICE OF THE CITY ATTORNEY Cross-Complainant, 200 Lincoln Avenue CITY OF SALINAS 26 Salinas, CA 93901 Telephone: 831-758-7256 27 Facsimile: 831-758-7257 Email: chrisc@ci.salinas.ca.u 28 aD Proof of Service William R. Price, Esq. Co-Counsel for Defendant and D. Scott Dodd, Esq. Cross-Complainant, LAW OFFICES OF WILLIAM R. PRICE CITY OF SALINAS 12636 High Bluff Drive, Suite 400 San Diego, CA 92130 Telephone: 831-758-7256 Email: wprice@williamrprice.com Email: sdodd@williamrprice.com Email: dhartsough@williamrprice.com Email: obarnes@williamrprice.com Jessica N. Wahl, Esq. Attorneys for Defendants and LEWIS BRISBOIS BISGAARD & SMITH LLP Cross-Defendants, 2185 N. California Boulevard, Suite 300 GINO’S RESTAURANT, INC.; Walnut Creek, CA 94596 GINO’S FINE ITALIAN FOOD, INC. and Telephone: 925-357-3456 NGOCHAO THI NGUYEN Facsimile: 925-478-3260 10 Email: Cynthia. Shambaugh@lewisbrisbois.com Email: Chandrani.Mandal@lewisbrisbois.com 11 Email: Joan.Whipple@lewisbrisbois.com Email: Izie. Hudson@lewisbrisbois.com 12 13 Rodney N. Mayr, Esq. Attorneys for Defendants and MAYR LAW FIRM Cross-Defendants, 14 1010 W. Taylor Street ROSAURA ARCOS PANIAGUA and San Jose, CA 95126 AUSTIN ALARCON 15 Telephone: 408-331-7606 Facsimile: 669-266-5612 16 Email: rodney@mayrlawfirm.com Email: emiliano@mayrlawfirm.com 17 18 Neil P. Berman, Esq. Attorneys for Plaintiff, RUCKA, O'BOYLE, LOMBARDO & MCKENNA DIANE MIDDAUGH 19 245 W. Laurel Drive Salinas, CA 93906 Monterey County Superior Court 20 Telephone: 831-443-1051 Case No. 22CV003206; Facsimile: 831-443-6419 Diane Middaugh vs BLFA Properties 21 Email: nberman@rolmlaw.com LLC, et al. Email: spena@rolmlaw.com 22 Email: janie@rolmlaw.com 23 Shahin “Shawn” Kahroba, Esq. Attorneys for Plaintiff, SHERIDAN & RUND, KAHROBA PC ROBERT ROSETT 24 270 Coral Circle El Segundo, CA 90245 Monterey County Superior Court 25 Telephone: 310-640-1200 Case No. 22CV003261; Facsimile: 310-640-0200 Robert Rosett vs Austin Alarcon, et al. 26 Email: shawn@srlawyers.com 27 28 30 Proof of Service Robert D. Ponce, Esq. Attorneys for Plaintiff, LAW OFFICE OF ROBERT D PONCE KEVIN SMITH 400 Camino Aguajito, Suite 100 Monterey, CA 93940 Monterey County Superior Court Telephone: 831-649-0515 Case No. 22CV003443; Facsimile: 831-649-3397 Kevin Smith vs Gino's Fine Italian Email: rponce@redshift.com Food, Inc., et al. Owili K. Eison, Esq. Attorneys for Plaintiffs, BD&J, PC DANIEL ORTEGA and 9701 Wilshire Boulevard, 12th Floor YOSELIN GARCIA Beverly Hills, CA 90212 Telephone: 310-385-8080 Monterey County Superior Court Facsimile: 310-385-8080 Case No. 22CV003598; Email: oe@bhattorneys.com Daniel Ortega, et al. vs. Austin Email: ryl@bhattorneys.com Alarcon, et al. Email: rr bhattorneys.com 10 Email: EserveT1@bhattorneys.com 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- Proof of Service