Preview
RA-010
ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER:
NAME: Cynthia Shambaugh SBN 122866 Chandrani Mandal SBN 321149
FIRM NAME:LEWIS BRISBOIS BISGAARD & SMITH LLP
STREET ADDRESS: 2185 North California Boulevard, Suite 300
CITY: Walnut Creek STATE: CA ZIP CODE: 94596
TELEPHONE NO.: 925.357.3456 FAX NO.: 925.478.3260
EMAIL ADDRESS: cynthia.shambaugh@lewisbrisbois.com;
chandrani.mandal@lewisbrisbois.com
ATTORNEY FOR (name): Defs/X-Defs Gino's Restaurant, Inc. & Ngochao Thi Nguyen
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 1200 Aguajito Road
MAILING ADDRESS:
CITY AND ZIP CODE: Monterey, CA 93940
BRANCH NAME:
PLAINTIFF/PETITIONER: LOUIS
MONTANO, JR., et al.
DEFENDANT/RESPONDENT: CITY OF SALINAS, et al.
OTHER CASE NAME:
CASE NUMBER:
21CV003635
NOTICE OF REMOTE APPEARANCE [Consolidated with 22CV002531;
22CV003206; 22CV003261;
22CV003443; and 22CV003598]
You must use this form to tell the court you intend to appear remotely in a civil case, unless the court's website describes an
online process for giving notice. You may also use it to give the required notice to all other parties in the case. (Do not use
this form in a juvenile dependency proceeding.)
Check the court's website for information about how to appear remotely, including the departments and types of cases or
proceedings that allow remote appearances and ways to appear remotely in their departments for such appearances.
See page 3 of this form for more information, including deadlines for giving notice and for opposing a remote appearance if
this notice is for an evidentiary hearing or trial.
A person appearing remotely should conduct themselves as though appearing in court in person.
1. The person who intends to appear remotely is (check and complete all that apply):
Plaintiff/Petitioner (name):
Attorney for Plaintiff/Petitioner (name):
Defendant/Respondent (name):
Attorney for Defendant/Respondent (name): Cynthia Shambaugh and Chandrani Mandal, Counsel for Defs/X-Defs
Gino's Restaurant, Inc. and Ngochao Thi Nguyen
Other (name and role in case):
2. The person or persons in 1 intends to appear remotely (check one):
a. Throughout the case.
b. At the proceeding described below, including on any later dates if the proceeding is continued (describe):
Type of proceeding:
Set on (date): at (time): in (department):
Before (name of judicial officer, if known):
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3. The person intends to appear by (check court's website for method that may be used):
Videoconference Audio only (including telephone)
4. For evidentiary hearing or trial only (where testimony may be given): the party requests the following additional aspects of the
proceeding be conducted remotely (describe what the party wants to be done remotely and why; attach form MC-25 if more
space is needed):
Page 1 of 3
Date: August 16, 2023
Chandrani Mandal
(TYPE OR PRINT NAME) (SIGNATURE)
Notice to Other Parties
Anyone intending to appear remotely must provide notice to all other parties by the deadlines stated in Cal. Rules of Court,
rule 3.672, and described on the next page. Notice may be provided orally, electronically, or by giving the other parties this
form in a way to ensure it is received by the applicable deadline. The party must tell the court this was done either by filing a
proof of service (this may be done on forms POS-040 or POS-050 for electronic service) or by completing and signing the
declaration below.
Declaration of Notice
I gave notice that I intend to appear remotely to the other parties or persons entitled to receive notice in this case as stated below.
Complete one item below for each person notice was given to, and enter one of the following options for "Method of notice" in c.
Mail: By mailing them a copy of this form (write the mailing address in d.)
Overnight delivery: By having a copy of this form delivered overnight (write the delivery address in d.)
Electronic notice: By e-mail or text message (write the e-mail or phone number in d.)
Phone: By telling them over the telephone or leaving them voice mail (write the phone number in d.), or
In person: By giving them a copy of this form in person, or by telling them orally in person (write the address in d.)
1. Plaintiff/Petitioner 2. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
3. Defendant/Respondent 4. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number:
5. Other (specify): 6. Attorney for:
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) phone number:
7. Other (specify): 7. Other (specify):
a. Name: a. Name:
b. Date of notice: b. Date of notice:
c. Method of notice: c. Method of notice:
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d. Address (mailing, in-person, or email) or phone number: d. Address (mailing, in-person, or email) or phone number:
If more people were given notice, check here, attach form MC-025, titled as Attachment Notice, and add the information about
how and when notice was given to each person.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE)
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Instructions for Giving Notice of Remote Appearance
(This page does not need to be filed.)
1. Court online procedures. Before using this form, check the court's website to see if that court has an online procedure for
providing notice to the court of your intent to appear remotely instead. You can find a link to the website for each court at:
https://www.courts.ca.gov/find-my-court.htm.
2. How to use this form. This form is intended for use in civil cases only (any cases not criminal or petitions for habeas corpus, other
than petitions under Welf. & Inst. Code, § 5000 et seq.), to provide written notice of intent to appear remotely, to a court and the
parties, as described in Code of Civil Procedure section 367.75. It is not needed in juvenile dependency hearings.
Check the court's website to determine how remote appearances work in that court before completing this form. If the court
does not have an online procedure for giving notice to the court of intent to appear remotely, complete and file this form to give the
court notice. If you intend to appear remotely throughout the case, you only need to file it once (check item 2a).
3. Notice to others. You may also use this form to show that you gave notice to other parties. You must give notice of your intent to
appear remotely to all parties and other persons who are entitled to notice of the proceeding. (If you checked item 2a, you only need to
give notice once. Otherwise, give notice to the court and others before each proceeding you intend to appear at remotely.) You can
describe how and when you gave notice in the Declaration of Notice on page 2, or by filing a proof of service with the court.
4. When to file and give notice to others.
California Rules of Court, rule 3.672(g) and (h) state the deadlines by which you have to give notice of intent to appear remotely to the
other parties and the court. (You can give notice earlier.) There are different deadlines:
For motions and proceedings in which people cannot testify
If a party gives or receives at least 3 court days' notice of the proceeding (including all regularly noticed motions):
• At least 2 court days before the proceeding.
If a party gives or receives less than 3 court days' notice of the proceeding (including ex parte applications):
• With the moving papers, if the notice to appear remotely is by the party that is asking for the hearing; or
• By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party.
Note: If a party misses these deadlines, they may still ask the court for permission to appear remotely.
For trials, including small claims trials, and hearings in which people may testify (evidentiary hearings)
If a party gives or receives at least 15 court days' notice of a trial or hearing date, and for all small claims trials:
• At least 10 court days before the trial or hearing date.
If a party gives or receives less than 15 days' notice of the trial or hearing (including hearings on protective orders):
• With the moving papers or at least 5 court days before the hearing, if the notice to appear remotely is by the party that
is asking for the hearing; or
• By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other party.
Note: If a party misses these deadlines, they may still ask thecourt for permission to appear remotely.
5. Opposition to remote appearances at trial or evidentiary hearing. If a party or witness has given notice of intent to appear
remotely at a trial or evidentiary hearing (hearing at which people may testify), other parties in the action may oppose the remote
appearance by filing Opposition to Remote Proceeding at Evidentiary Hearing or Trial (form RA-015). The opposition must be served
on parties and other persons entitled to receive notice of the proceedings, by the deadlines summarized on that form. (Cal. Rules of
Court, rule 3.672(h)(3).)
6. In-person appearance. A court may require any person to appear in person instead of remotely. (Code Civ. Proc., § 367.75(b).)
7. Recordings. No person may record a proceeding without first getting approval from the judge. (Cal. Rules of Court, rule 1.150(c).)
8. Accommodations for disability. If a party needs an accommodation for a disability, use form MC-410, Disability Accommodations
Request, to tell the court about their needs. See form MC-410-INFO for more information.
9. Request for interpreter. If a party does do not speak English well, ask the court clerk as soon as possible for a court-provided
interpreter. Form INT-300, Request for an Interpreter, or a local court form may be used to request an interpreter. If no court interpreter
is available, it may be necessary to reschedule the hearing or trial.
RA-010 [New January 1, 2022] NOTICE OF REMOTE APPEARANCE Page 3 of 3
1 CALIFORNIA STATE COURT PROOF OF SERVICE
Louis Montano, Jr., et al. v. City of Salinas, et al.
2 Monterey County Superior Court Case No. 21CV003635
3 STATE OF CALIFORNIA, COUNTY OF MONTEREY
4 At the time of service, I was over 18 years of age and not a party to this action. My
business address is 2185 North California Boulevard, Suite 300, Walnut Creek, CA 94596.
5
On August 17, 2023, I served true copies of the following document(s):
6
NOTICE OF REMOTE APPEARANCE
7
I served the documents on the following persons at the following addresses (including fax
8 numbers and e-mail addresses, if applicable):
9 SEE ATTACHED SERVICE LIST
10 The documents were served by the following means:
11 (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an
agreement of the parties to accept service by e-mail or electronic transmission, I caused the
12 documents to be sent from e-mail address Izie.Hudson@lewisbrisbois.com to the persons
at the e-mail addresses listed above. I did not receive, within a reasonable time after the
13 transmission, any electronic message or other indication that the transmission was
unsuccessful.
14
I declare under penalty of perjury under the laws of the State of California that the
15 foregoing is true and correct.
16 Executed on August 17, 2023, at Walnut Creek, California.
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Izie M. Hudson
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PROOF OF SERVICE
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SERVICE LIST
2 Louis Montano, Jr., et al. v. City of Salinas, et al.
Monterey County Superior Court Case No. 21CV003635
3
Emily Ruby. Esq. Attorneys for Plaintiffs
4 Sergio Cardenas, Esq. LOUIS MONTANO, JR., LOUIE MONTANO
GREENBERG AND RUBY III, AND MICHAEL MONTANO
5 6100 Wilshire Boulevard, Suite 1170
Los Angeles, CA 90048 Tel: 323.782.0535
6 Fax: 323.782.0543
Email: eruby@caltrialpros.com
7 Scardenas@caltrialpros.com.
KDobroth@caltrialpros.com
8 records@caltrialpros.com
9
Richard C. Alpers Attorneys for Plaintiffs
10 ALBERS LAW GROUP, INC. LOUIS MONTANO, JR., LOUIE MONTANO
PO Box 1540 III, AND MICHAEL MONTANO
11 Aptos, CA 95001
Tel: 855.808.1174
12 Fax: 855.870.1129
Email: rca@alperslawgroup.com
13 clerk@alperslawgroup.com
14 Joseph J. Babich Attorneys for Plaintiff MARIA ARELLANO
Sean D. Wiseman
15 Dreyer Babich Buccola Wood Campora, LLP
20 Bicentennial Circle P: (916) 379-3500 • F: (916) 379-3599
16 Sacramento, CA 95826 Emails: DBBWC-ESERVICE@dbbwc.com;
jbabich@dbbwc.com; tstevens@dbbwc.com
17
Christopher A. Callihan, Esq. Attorneys for Defendant
18 CITY OF SALINAS, OFFICE OF THE CITY CITY OF SALINAS
ATTORNEY
19 200 Lincoln Avenue Tel: (831) 758-7073 (direct)
Salinas, CA 93901-2639 Fax: (831) 758-7257
20 Email: chrisc@ci.salinas.ca.us
21 William R. Price, Esq. Co Counsel for Defendant
Lisa Shaw, Paralegal CITY OF SALINAS
22 LAW OFFICES OF WILLIAM R. PRICE
12636 High Bluff Dr., Suite 400 Tel: (858) 888-0588
23 San Diego, CA 92130 Emails: wprice@williamrprice.com;
dhartsough@williamrprice.com
24 obarnes@williamrprice.com
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PROOF OF SERVICE
1 James J. Cook, Esq. Attorneys for Defendants
HORAN | LLOYD, APC. RALPH BOZZO; BLFA PROPERTIES, LLC;
2 26385 Carmel Rancho Blvd., Suite 200 AND GINO'S FINE ITALIAN FOOD, INC.
Carmel, CA 93923
3 Tel: (831) 373-4131
Fax: (831) 373-8302
4 Email: jcook@horanlegal.com
5 Rodney N. Mayr, Esq. Attorneys for Defendants
MAYR LAW FIRM AUSTIN ALARCON AND ROSAURA
6 1010 W. Taylor St. ARCOS PANIAGUA
San Jose, CA 95126
7 Tel: (408) 331-7606
Fax: (669) 266-5612
8 Email: rodney@mayrlawfirm.com
9
Cornelo V. Dilag, Esq.: Attorneys for Defendant/Cross-Complainant
10 Matthew M. Spolsky, Esq. AUSTIN ALARCON
FORD, WALKER, HAGGERTY & BEHAR,
11 LLP Tel: (562) 983-2579
One World Trade Center, 27th Floor Fax: (562) 590-3571
12 Long Beach, CA 90831 Email: cdilag@fwhb.com
jprado@fwhb.com; RLRService@fwhb.com
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Neil P. Berman, Esq. Attorneys for Plaintiff DIANE MIDDAUGH
14 RUCKA, O’BOYLE, LOMBARDO &
MCKENNA Tel: (831) 443-1051
15 245 W. Laurel Dr. Fax: (831) 443-6419
Salinas, CA 93906 Email: nberman@rolmlaw.com;
16 spena@rolmlaw.com
17 Shanin “Shawn” Kahroba, Esq. Attorneys for Plaintiff ROBERT ROSETT
SHERIDAN & RUND, KAHROBA PC
18 270 Coral Circle Tel: (310) 640-1200
El Segundo, CA 90245 Fax: (310) 640-0200
19 Email: shawn@srlawyers.com
20 Robert D. Ponce, Esq. Attorneys for Plaintiff KEVIN SMITH
Law Offices of Robert D. Ponce
21 400 Camino Aguajito, Suite 100 Tel: (831) 649-0515
Monterey, CA 93940 Email: rponce@redshift.com
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SERVICE LIST
1 Laurie J. Elza, Esq. Attorneys for Defendant NTN PROPERTIES,
Maureen Merriles, Legal Assistant LLC
2 LAW OFFICES OF JOHN A. HAUSER
One Pointe Drive, 6th Floor Tel: (714) 571-0407
3 Brea, CA 92821 Fax: (877) 369-5799
Direct: (714) 371-2311
4
Email: laurie.elza@thehartford.com;
5 maureen.merriles@thehartford.com
LawOfficesHauser@thehartford.com (for
6 electronic service only)
7 Owili K. Eison, Esq. Attorney for Plaintiff DANIEL ORTEGA
BD&J, P.C.
8 9701 Wilshire Blvd., 12th Floor Tel: (310) 887-1818
Beverly Hills, CA 90212 Fax: (310) 887-1880
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Email: oe@bhattorneys.com
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SERVICE LIST