Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Robert L. Reisinger, Esq., (Bar No. 156474); Bryan D. Pyles, Esq., SBN. 138177
FORD, WALKER, HAGGERTY, AND BEHAR
1 World Trade Center, Fl 26, Long Beach, CA
TELEPHONE NO.: 562-983-2500 FAX NO. (Optional):
E-MAIL ADDRESS: RLRservice@fwhb.com
ATTORNEY FOR (Name): AUSTIN ALARCON, ARTURO APARCON, ROSAURO PANIAGUA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 1200 Aguajito Road
MAILING ADDRESS:
CITY AND ZIP CODE: Monterey, CA 93940
BRANCH NAME: Monterav Court House
PLAINTIFF/PETITIONER: 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: December 5, 2023 Time: 9:00am Dept.: 14 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Bryan D. Pyles, Esq., SBN. 138177
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): AUSTIN ALARCON, ARTURO APARCON, ROSAURO PANIAGUA
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): November 16, 2021
b. The cross-complaint, if any, was filed on (date): July 14, 2022
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):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
Consolidated matter with all law suits pending in re to incident at issue. All complaints
will be answered prior to CMC.
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 Jr, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (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.)
Plaintiffs allege that they were injured in an automobile accident that took place on November 19, 2020, involving
the parties to the litigation.
(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):
Please see attachment 6c
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 5-7 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 Jr, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (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): Mar 20, 2024
(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 Jr, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (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: Consolidated Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV00359
(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
Defendant Written Discovery Per Code
Defendant Depositions Per Code
Defendant 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 Jr, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (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):
See Attached attch 6 cms.
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): 4
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: November 17, 2023
Bryan D. Pyles, Esq.
(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
ATTACHMENT 6c
Each Trial listed below is expected to last 5 to 7 Court days.
JUNE2023:
6/20/2023
6/22/2023
6/23/2023
6/26/2023
6/27/2023
6/29/2023
JULY2023:
7/3/2023
7/7/2023
7/10/2023
7/11/2023
7/13/2023
7/14/2023
7/17/2023
7/19/2023
7/24/2023
7/26/2023
7/26/2023
7/27/2023
7/28/2023
7/31/2023
AUGUST 2023:
8/1/2023
8/3/2023
8/4/2023
8/7/2023
8/14/2023
8/16/2023
8/18/2023
8/21/2023
8/23/2023
8/28/2023
8/30/2023
8/31/2023
SEPTEMBER 2023:
9/1/2023
9/5/2023
9/8/2023
9/11/2023
9/13/2023
9/14/2023
9/18/2023
9/19/2023
9/25/2023
9/27/2023
9/28/2023
9/29/2023
OCTOBER 2023:
10/4/2023
10/9/2023
10/11/2023
10/12/2023
10/13/2023
10/16/2023
10/17/2023
10/19/2023
10/23/2023
10/25/2023
10/27/2023
10/30/2023
10/31/2023
NOVEMBER 2023:
11/1/2023
11/3/2023
11/6/2023
11/7/2023
11/9/2023
11/13/2023
11/15/2023
11/16/2023
11/20/2023
11/27/2023
11/30/2023
DECEMBER 2023:
12/4/2023
12/7/2023
12/8/2023
12/11/2023
12/15/2023
12/18/2023
12/19/2023
12/20/2023
12/23/2023
JANUARY 2024:
1/8/2024
1/15/2024
1/16/2024
1/22/2024
1/23/2024
1/24/2024
1/29/2024
1/31/2024
FEBRURARY 2024:
2/5/2024
2/6/2024
2/13/2024
2/20/2024
2/26/2024
2/29/2024
MARCH 2024:
3/4/2024
3/6/2024
3/8/2024
3/13/2024
3/14/2024
3/15/2024
3/18/2024
3/21/2024
APRIL 2024:
4/2/2024
4/8/2024
4/17/2024
4/23/2024
4/24/2024
MAY2024:
5/1/2024
5/6/2024
5/16/2024
5/20/2024
JUNE 2024
6/17/2024
JULY2024
7/1/2024
7/2/2024
7/18.2024
AUGUST2024
8/7/2024
8/12/2024
8/21/2024
8/26/2024
SEPTEMBER 2024
9/4/2024
9/9/2024
9/23/2024
9/30/2024
1 PROOF OF SERVICE
Montano Jr, et al. vs City of Salinas, et al.
2 25622-086
3
STATE OF CALIFORNIA )
4 ) ss.
COUNTY OF LOS ANGELES )
5
I am employed in the aforesaid county; I am over the age of eighteen years and not a party to the
6 within entitled action; my business address is: One World Trade Center, Twenty-Seventh Floor, Long
7 Beach, California 90831-2700
On November 17, 2023, I served the within: CASE MANAGEMENT STATEMENT
8
9
on the interested parties in said action,
10
SEE ATTACHED SERVICE LIST
11
X (ONLY BY ELECTRONIC TRANSMISSION) A copy of said document(s) was delivered by
12 electronic transmission to the addressee(s) pursuant to C.C.P.1010.6 and/or C.R.C. Rule 2.251; I caused
the documents to be sent from Jenny Prado from email address jprado@fwhb.com to the person(s) at
13
the electronic notification addresses listed above/below. I did not receive within a reasonable time after
14 the transmission, any electronic message or other indication that the transmission was unsuccessful.
15
16 Executed on November 17, 2023, at Long Beach, California.
I declare under penalty of perjury under the laws of the State of California that the above is true
17
and correct.
18
19 ___________________________________
20 Jenny L. Prado
21
22
23
24
25
26
27
28
1
PROOF OFSERVICE
1 MAILING SERVICE LIST
Montano Jr, et al. vs City of Salinas, et al.
2 25622-086
3
PROOF OF SERVICE MAILING LIST
4
LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al.
5
6 CHRISTOPHER A. CALLIHAN William R. Price, Esq.
CITY ATTORNEY D. Scott Dodd, Esq.
7 CITY OF SALINAS LAW OFFICES OF
OFFICE OF THE CITY ATTORNEY WILLIAM R. PRICE
8 200 Lincoln Avenue 12636 High Bluff Dr., Suite 400
9 Salinas, CA 93901 San Diego, CA 92130
Telephone: (831) 758-7256 Telephone: (858) 888-0588
10 Facsimile: (831) 758-7257 Emails: wprice@williamrprice.com
sdodd@williamrprice.com
11 dhartsough@williamrprice.com
12 Attorneys for Defendant and obarnes@williamrprice.com
Cross-Complainant CITY OF SALINAS lshaw@williamrprice.com
13 Attorneys for Defendant and
Cross-Complainant CITY OF SALINAS
14
15 Emily A. Ruby, Esq. Richard C. Alpers, Esq.
Sergio R. Cardenas, Esq. ALPERS LAW GROUP, INC.
16 GREENBERG AND RUBY INJURY P.O. Box 1540
ATTORNEYS, APC Aptos, CA 95001
17 400 Continental Blvd., Suite 320 T: 855-808-1174 / F: 855-870-1129
18 El Segundo, CA 90245 E: rca@alperslawgroup.com
6100 Wilshire Blvd., Ste. 1170
Los Angeles, CA 90048
19 T: 323-782-0535 / F: 323-782-0543
20 E: eruby@caltrialpros.com
scardenas@caltrialpros.com
21 jmorris@caltrialpros.com
kdobroth@caltrialpros.com Co-Counsel for Plaintiffs, LOUIS
22 Attorneys for Plaintiffs, LOUIS MONTANO, MONTANO, JR.; LOUIE MONTANO
JR.; LOUIE MONTANO III; MICHAEL III; MICHAEL MONTANO
23
MONTANO
24
Joseph J. Babich, Esq. Shahin “Shawn” Kahroba, Esq.
25 DREYER BABICH BUCCOLA WOOD SHERIDAN & RUND, KAHROBA PC
CAMPORA, LLP 270 Coral Circle
26
20 Bicentennial Circle El Segundo, CA 90245
27 Sacramento, CA 95826 T: 310-640-1200 / F: 310-640-0200
T: 916-379-3500 / F: 916-379-3599 E: shawn@srlawyers.com
28 E: jbabich@dbbwc.com
2
PROOF OFSERVICE
1 tstevens@dbbwc.com
DBBWC-ESERVICE@dbbwc.com
2
3 Attorneys for Plaintiff, MAIRA ARELLANO Attorneys for Plaintiff, ROBERT
– Monterey Superior Court, Case # 22CV002531; ROSETT – Monterey Superior Court,
4 Maira Arellano vs. Austin Alarcon, et al. Case # 22CV003261; Robert Rosett vs
Austin Alarcon, et al.
5
Owili K. Eison, Esq. Rodney N. Mayr, Esq.
6 Julian C. Sonnega, Esq. MAYR LAW FIRM
Yen-Yu Liu, Esq. 1010 W. Taylor St.
7 Rene Gutierrez, Esq. San Jose, CA 95126
Steve M. Jang, Esq. T: 408-331-7606 / F: 669-266-5612
8
BD&J, P.C. E: rodney@mayrlawfirm.com
th
9 9701 Wilshire Blvd., 12 Floor emiliano@mayrlawfirm.com
Beverly Hills, CA 90212
10 E: jdf@bhattorneys.com *SERVE VIA FACSIMILE ALSO –
CONSISTENT PROBLEMS WITH THEIR
11 Eservet1@bhattorneys.com EMAIL*
oe@bhattorneys.com
12 rrg@bhattorneys.com
ryl@bhattorneys.com
13
14 Attorneys for Plaintiffs Daniel Ortega and Attorneys for Defendants/Cross-
15 Yoselyn Garcia Defendants, ROSAURA ARCOS
PANIAGUA and AUSTIN ALARCON
16
17 Michael P. Masuda, Esq. Neil P. Berman, Esq.
18 NOLAND, HAMERLY, ETIENNE & HOSS RUCKA, O'BOYLE, LOMBARDO &
333 Salinas St. MCKENNA
19 Salinas, CA 93901 245 W. Laurel Dr.
Mailing Address: Salinas, CA 93906
20 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;
21
E: mmasuda@nheh.com; parce@nheh.com spena@rolmlaw.com
22
Attorneys for Plaintiff, KEVIN SMITH – Attorneys for Plaintiff, DIANE
23 Monterey Superior Court, Case #22CV003443; MIDDAUGH
Kevin Smith vs Gino's Fine Italian Food, Inc., et – Monterey Superior Court, Case
24
al. #22CV003206; Diane Middaugh vs BLFA
25 Properties LLC, et al.
26 Matt D. Zumstein, Esq. Laurie J. Elza, Esq.
Chandrani Mandal LAW OFFICES OF JOHN A.
27
LEWIS BRISBOIS BISGAARD & SMITH HAUSER
28 LLP One Pointe Drive, 6th Floor,
3
PROOF OFSERVICE
1 2185 N. California Blvd., Ste. 300 Brea CA 92821
Walnut Creek, CA 94596 Mailing Address:
2
T: 925-357-3456 / F: 925-478-3260 PO Box 2282, Brea, CA 92822
3 E: T: (714) 371-2311 / F: (877) 369-5799
Chandrani.mandal@lewisbrisbois.com E:
4 izie.hudson@lewisbrisbois.com laurie.elza@thehartford.com
Cynthia.Shambaugh@lewisbrisbois.com. maureen.merriles@thehartford.com
5 Joan.Whipple@lewisbrisbois.com.
6
Attorneys for Defendants/Cross-Defendants,
7 GINO’S RESTAURANT, INC.; GINO’S Attorneys for Defendant and Cross-
FINE ITALIAN FOOD, INC. and Complainant, NTN PROPERTIES LLC
8 NGOCHAO THI NGUYEN
9
Anthony F. Pinelli, Esq.
10 Gina Huettel, Esq.
WILLIAMS, PINELLI & CULLEN
11 1960 The Alameda, Suite 195
12 San Jose, CA 95126
T: 408-288-3860
13 F: 408-288-3860
E: apinelli@wpclaw.com
14 ghuettel@wpclaw.com
15 amagana@wpclaw.com
edurand@wpclaw.com
16
Attorneys for Defendant Bryan Tena
17
18
19
20
21
22
23
24
25
26
27
28
4
PROOF OFSERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Robert L. Reisinger, Esq., (Bar No. 156474); Bryan D. Pyles, Esq., SBN. 138177 FORD, WALKER, HAGGERTY, AND BEHAR 1 World Trade Center, Fl 26, Long Beach, CA TELEPHONE NO.: 562-983-2500 FAX NO. (Optional): E-MAIL ADDRESS: RLRservice@fwhb.com ATTORNEY FOR (Name): AUSTIN ALARCON, ARTURO APARCON, ROSAURO PANIAGUA SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS: 1200 Aguajito Road MAILING ADDRESS: CITY AND ZIP CODE: Monterey, CA 93940 BRANCH NAME: Monterav Court House PLAINTIFF/PETITIONER: 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: December 5, 2023 Time: 9:00am Dept.: 14 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Bryan D. Pyles, Esq., SBN. 138177 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): AUSTIN ALARCON, ARTURO APARCON, ROSAURO PANIAGUA 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): November 16, 2021 b. The cross-complaint, if any, was filed on (date): July 14, 2022 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): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Consolidated matter with all law suits pending in re to incident at issue. All complaints will be answered prior to CMC. 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 Jr, et al. CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (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.) Plaintiffs allege that they were injured in an automobile accident that took place on November 19, 2020, involving the parties to the litigation. (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): Please see attachment 6c 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5-7 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 Jr, et al. CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (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): Mar 20, 2024 (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 Jr, et al. CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (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: Consolidated Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV00359 (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 Defendant Written Discovery Per Code Defendant Depositions Per Code Defendant 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 Jr, et al. CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (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): See Attached attch 6 cms. 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): 4 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: November 17, 2023 Bryan D. Pyles, Esq. (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 ATTACHMENT 6c Each Trial listed below is expected to last 5 to 7 Court days. JUNE2023: 6/20/2023 6/22/2023 6/23/2023 6/26/2023 6/27/2023 6/29/2023 JULY2023: 7/3/2023 7/7/2023 7/10/2023 7/11/2023 7/13/2023 7/14/2023 7/17/2023 7/19/2023 7/24/2023 7/26/2023 7/26/2023 7/27/2023 7/28/2023 7/31/2023 AUGUST 2023: 8/1/2023 8/3/2023 8/4/2023 8/7/2023 8/14/2023 8/16/2023 8/18/2023 8/21/2023 8/23/2023 8/28/2023 8/30/2023 8/31/2023 SEPTEMBER 2023: 9/1/2023 9/5/2023 9/8/2023 9/11/2023 9/13/2023 9/14/2023 9/18/2023 9/19/2023 9/25/2023 9/27/2023 9/28/2023 9/29/2023 OCTOBER 2023: 10/4/2023 10/9/2023 10/11/2023 10/12/2023 10/13/2023 10/16/2023 10/17/2023 10/19/2023 10/23/2023 10/25/2023 10/27/2023 10/30/2023 10/31/2023 NOVEMBER 2023: 11/1/2023 11/3/2023 11/6/2023 11/7/2023 11/9/2023 11/13/2023 11/15/2023 11/16/2023 11/20/2023 11/27/2023 11/30/2023 DECEMBER 2023: 12/4/2023 12/7/2023 12/8/2023 12/11/2023 12/15/2023 12/18/2023 12/19/2023 12/20/2023 12/23/2023 JANUARY 2024: 1/8/2024 1/15/2024 1/16/2024 1/22/2024 1/23/2024 1/24/2024 1/29/2024 1/31/2024 FEBRURARY 2024: 2/5/2024 2/6/2024 2/13/2024 2/20/2024 2/26/2024 2/29/2024 MARCH 2024: 3/4/2024 3/6/2024 3/8/2024 3/13/2024 3/14/2024 3/15/2024 3/18/2024 3/21/2024 APRIL 2024: 4/2/2024 4/8/2024 4/17/2024 4/23/2024 4/24/2024 MAY2024: 5/1/2024 5/6/2024 5/16/2024 5/20/2024 JUNE 2024 6/17/2024 JULY2024 7/1/2024 7/2/2024 7/18.2024 AUGUST2024 8/7/2024 8/12/2024 8/21/2024 8/26/2024 SEPTEMBER 2024 9/4/2024 9/9/2024 9/23/2024 9/30/2024 1 PROOF OF SERVICE Montano Jr, et al. vs City of Salinas, et al. 2 25622-086 3 STATE OF CALIFORNIA ) 4 ) ss. COUNTY OF LOS ANGELES ) 5 I am employed in the aforesaid county; I am over the age of eighteen years and not a party to the 6 within entitled action; my business address is: One World Trade Center, Twenty-Seventh Floor, Long 7 Beach, California 90831-2700 On November 17, 2023, I served the within: CASE MANAGEMENT STATEMENT 8 9 on the interested parties in said action, 10 SEE ATTACHED SERVICE LIST 11 X (ONLY BY ELECTRONIC TRANSMISSION) A copy of said document(s) was delivered by 12 electronic transmission to the addressee(s) pursuant to C.C.P.1010.6 and/or C.R.C. Rule 2.251; I caused the documents to be sent from Jenny Prado from email address jprado@fwhb.com to the person(s) at 13 the electronic notification addresses listed above/below. I did not receive within a reasonable time after 14 the transmission, any electronic message or other indication that the transmission was unsuccessful. 15 16 Executed on November 17, 2023, at Long Beach, California. I declare under penalty of perjury under the laws of the State of California that the above is true 17 and correct. 18 19 ___________________________________ 20 Jenny L. Prado 21 22 23 24 25 26 27 28 1 PROOF OFSERVICE 1 MAILING SERVICE LIST Montano Jr, et al. vs City of Salinas, et al. 2 25622-086 3 PROOF OF SERVICE MAILING LIST 4 LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al. 5 6 CHRISTOPHER A. CALLIHAN William R. Price, Esq. CITY ATTORNEY D. Scott Dodd, Esq. 7 CITY OF SALINAS LAW OFFICES OF OFFICE OF THE CITY ATTORNEY WILLIAM R. PRICE 8 200 Lincoln Avenue 12636 High Bluff Dr., Suite 400 9 Salinas, CA 93901 San Diego, CA 92130 Telephone: (831) 758-7256 Telephone: (858) 888-0588 10 Facsimile: (831) 758-7257 Emails: wprice@williamrprice.com sdodd@williamrprice.com 11 dhartsough@williamrprice.com 12 Attorneys for Defendant and obarnes@williamrprice.com Cross-Complainant CITY OF SALINAS lshaw@williamrprice.com 13 Attorneys for Defendant and Cross-Complainant CITY OF SALINAS 14 15 Emily A. Ruby, Esq. Richard C. Alpers, Esq. Sergio R. Cardenas, Esq. ALPERS LAW GROUP, INC. 16 GREENBERG AND RUBY INJURY P.O. Box 1540 ATTORNEYS, APC Aptos, CA 95001 17 400 Continental Blvd., Suite 320 T: 855-808-1174 / F: 855-870-1129 18 El Segundo, CA 90245 E: rca@alperslawgroup.com 6100 Wilshire Blvd., Ste. 1170 Los Angeles, CA 90048 19 T: 323-782-0535 / F: 323-782-0543 20 E: eruby@caltrialpros.com scardenas@caltrialpros.com 21 jmorris@caltrialpros.com kdobroth@caltrialpros.com Co-Counsel for Plaintiffs, LOUIS 22 Attorneys for Plaintiffs, LOUIS MONTANO, MONTANO, JR.; LOUIE MONTANO JR.; LOUIE MONTANO III; MICHAEL III; MICHAEL MONTANO 23 MONTANO 24 Joseph J. Babich, Esq. Shahin “Shawn” Kahroba, Esq. 25 DREYER BABICH BUCCOLA WOOD SHERIDAN & RUND, KAHROBA PC CAMPORA, LLP 270 Coral Circle 26 20 Bicentennial Circle El Segundo, CA 90245 27 Sacramento, CA 95826 T: 310-640-1200 / F: 310-640-0200 T: 916-379-3500 / F: 916-379-3599 E: shawn@srlawyers.com 28 E: jbabich@dbbwc.com 2 PROOF OFSERVICE 1 tstevens@dbbwc.com DBBWC-ESERVICE@dbbwc.com 2 3 Attorneys for Plaintiff, MAIRA ARELLANO Attorneys for Plaintiff, ROBERT – Monterey Superior Court, Case # 22CV002531; ROSETT – Monterey Superior Court, 4 Maira Arellano vs. Austin Alarcon, et al. Case # 22CV003261; Robert Rosett vs Austin Alarcon, et al. 5 Owili K. Eison, Esq. Rodney N. Mayr, Esq. 6 Julian C. Sonnega, Esq. MAYR LAW FIRM Yen-Yu Liu, Esq. 1010 W. Taylor St. 7 Rene Gutierrez, Esq. San Jose, CA 95126 Steve M. Jang, Esq. T: 408-331-7606 / F: 669-266-5612 8 BD&J, P.C. E: rodney@mayrlawfirm.com th 9 9701 Wilshire Blvd., 12 Floor emiliano@mayrlawfirm.com Beverly Hills, CA 90212 10 E: jdf@bhattorneys.com *SERVE VIA FACSIMILE ALSO – CONSISTENT PROBLEMS WITH THEIR 11 Eservet1@bhattorneys.com EMAIL* oe@bhattorneys.com 12 rrg@bhattorneys.com ryl@bhattorneys.com 13 14 Attorneys for Plaintiffs Daniel Ortega and Attorneys for Defendants/Cross- 15 Yoselyn Garcia Defendants, ROSAURA ARCOS PANIAGUA and AUSTIN ALARCON 16 17 Michael P. Masuda, Esq. Neil P. Berman, Esq. 18 NOLAND, HAMERLY, ETIENNE & HOSS RUCKA, O'BOYLE, LOMBARDO & 333 Salinas St. MCKENNA 19 Salinas, CA 93901 245 W. Laurel Dr. Mailing Address: Salinas, CA 93906 20 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; 21 E: mmasuda@nheh.com; parce@nheh.com spena@rolmlaw.com 22 Attorneys for Plaintiff, KEVIN SMITH – Attorneys for Plaintiff, DIANE 23 Monterey Superior Court, Case #22CV003443; MIDDAUGH Kevin Smith vs Gino's Fine Italian Food, Inc., et – Monterey Superior Court, Case 24 al. #22CV003206; Diane Middaugh vs BLFA 25 Properties LLC, et al. 26 Matt D. Zumstein, Esq. Laurie J. Elza, Esq. Chandrani Mandal LAW OFFICES OF JOHN A. 27 LEWIS BRISBOIS BISGAARD & SMITH HAUSER 28 LLP One Pointe Drive, 6th Floor, 3 PROOF OFSERVICE 1 2185 N. California Blvd., Ste. 300 Brea CA 92821 Walnut Creek, CA 94596 Mailing Address: 2 T: 925-357-3456 / F: 925-478-3260 PO Box 2282, Brea, CA 92822 3 E: T: (714) 371-2311 / F: (877) 369-5799 Chandrani.mandal@lewisbrisbois.com E: 4 izie.hudson@lewisbrisbois.com laurie.elza@thehartford.com Cynthia.Shambaugh@lewisbrisbois.com. maureen.merriles@thehartford.com 5 Joan.Whipple@lewisbrisbois.com. 6 Attorneys for Defendants/Cross-Defendants, 7 GINO’S RESTAURANT, INC.; GINO’S Attorneys for Defendant and Cross- FINE ITALIAN FOOD, INC. and Complainant, NTN PROPERTIES LLC 8 NGOCHAO THI NGUYEN 9 Anthony F. Pinelli, Esq. 10 Gina Huettel, Esq. WILLIAMS, PINELLI & CULLEN 11 1960 The Alameda, Suite 195 12 San Jose, CA 95126 T: 408-288-3860 13 F: 408-288-3860 E: apinelli@wpclaw.com 14 ghuettel@wpclaw.com 15 amagana@wpclaw.com edurand@wpclaw.com 16 Attorneys for Defendant Bryan Tena 17 18 19 20 21 22 23 24 25 26 27 28 4 PROOF OFSERVICE