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  • Louis Montano, Jr., et al. vs Ngochao Nguyen, et al.Other PI/PD/WD Unlimited (23) document preview
  • Louis Montano, Jr., et al. vs Ngochao Nguyen, et al.Other PI/PD/WD Unlimited (23) document preview
  • Louis Montano, Jr., et al. vs Ngochao Nguyen, et al.Other PI/PD/WD Unlimited (23) document preview
  • Louis Montano, Jr., et al. vs Ngochao Nguyen, et al.Other PI/PD/WD Unlimited (23) document preview
  • Louis Montano, Jr., et al. vs Ngochao Nguyen, et al.Other PI/PD/WD Unlimited (23) document preview
  • Louis Montano, Jr., et al. vs Ngochao Nguyen, et al.Other PI/PD/WD Unlimited (23) document preview
  • Louis Montano, Jr., et al. vs Ngochao Nguyen, et al.Other PI/PD/WD Unlimited (23) document preview
  • Louis Montano, Jr., et al. vs Ngochao Nguyen, et al.Other PI/PD/WD Unlimited (23) document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Time: Dept.: Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): 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): 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): b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 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.) (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 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 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. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (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 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 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): 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: (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. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT PROOF OF SERVICE 1 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 2 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the 3 County of Los Angeles, State of California. My business address is 400 Continental Blvd., Suite 320, El Segundo, 4 CA 90245. My business fax number is (323) 782-0543. 5 On November 20, 2023, I served true copies of the following document(s) described as CASE MANAGEMENT STATEMENT on the interested party(ies) in this action as follows: 6 SEE SERVICE LIST 7 [] BY MAIL: I placed said documents in a sealed envelope or package addressed to the persons at the 8 addresses on the attached Service List. I placed the sealed envelope for collection and mailing, following our ordinary business practices, at El Segundo, California. 9 I am "readily familiar" with the firm's practice of collection and processing correspondence for 10 mailing. Under that practice, on the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in 11 a sealed envelope with postage fully prepaid. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date 12 of deposit for mailing in affidavit. 13 [] BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses on the attached Service List. 14 I placed the envelope or package for collection to be deposited at a regular utilized drop box of the overnight delivery carrier. 15 16 [] BY ELECTRONIC SERVICE: I caused such documents to be electronically served on the eServe Recipients registered in this case with the Superior Court of California pursuant to California Rules 17 of Court, Rule 2.251. 18 [] BY MESSENGER SERVICE: I served the documents by placing them in an envelope or package addressed to the persons at the addressed listed on the attached Service List and provided them to a 19 professional messenger service for service. 20 [XX] BY E-MAIL: Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused such document to be delivered electronically to the interested parties at the 21 email address(es) listed on the attached Service List. 22 [] BY FAX: Based on a court order or an agreement of the parties to accept service by fax transmission I faxed the documents to the persons at the fax numbers listed on the attached Service List. No error 23 was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. 24 25 STATE [XX] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 26 Executed on November 20, 2023, at El Segundo, California. 27 28 _____________________________│JOAN MORRIS PROOF OF SERVICE PROOF OF SERVICE 1 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 2 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the 3 County of Los Angeles, State of California. My business address is 400 Continental Blvd., Suite 320, El Segundo, 4 CA 90245. My business fax number is (323) 782-0543. 5 On November 20, 2023, I served true copies of the following document(s) described as CASE MANAGEMENT STATEMENT on the interested party(ies) in this action as follows: 6 SEE SERVICE LIST 7 [] BY MAIL: I placed said documents in a sealed envelope or package addressed to the persons at the 8 addresses on the attached Service List. I placed the sealed envelope for collection and mailing, following our ordinary business practices, at El Segundo, California. 9 I am "readily familiar" with the firm's practice of collection and processing correspondence for 10 mailing. Under that practice, on the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in 11 a sealed envelope with postage fully prepaid. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date 12 of deposit for mailing in affidavit. 13 [] BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses on the attached Service List. 14 I placed the envelope or package for collection to be deposited at a regular utilized drop box of the overnight delivery carrier. 15 16 [] BY ELECTRONIC SERVICE: I caused such documents to be electronically served on the eServe Recipients registered in this case with the Superior Court of California pursuant to California Rules 17 of Court, Rule 2.251. 18 [] BY MESSENGER SERVICE: I served the documents by placing them in an envelope or package addressed to the persons at the addressed listed on the attached Service List and provided them to a 19 professional messenger service for service. 20 [XX] BY E-MAIL: Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused such document to be delivered electronically to the interested parties at the 21 email address(es) listed on the attached Service List. 22 [] BY FAX: Based on a court order or an agreement of the parties to accept service by fax transmission I faxed the documents to the persons at the fax numbers listed on the attached Service List. No error 23 was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. 24 25 STATE [XX] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 26 Executed on November 20, 2023, at El Segundo, California. 27 28 _____________________________│JOAN MORRIS PROOF OF SERVICE 1 SERVICE LIST 2 Attorneys for Defendant City of Salinas 3 Christopher A. Callihan, Esq. 4 CITY OF SALINAS, OFFICE OF THE CITY ATTORNEY 200 Lincoln Avenue 5 Salinas, CA 93901-2639 6 T: (831) 758-7256 (main) T: (831) 758-7073 (direct) 7 F: (831) 758-7257 E: chrisc@ci.salinas.ca.us 8 Co-Counsel for Defendant City of Salinas 9 10 William R. Price, Esq. Scott Dodd, Esq. 11 Olga Barnes, Paralegal LAW OFFICES OF WILLIAM R. PRICE 12 12636 High Bluff Dr., Suite 400 San Diego, CA 92130 13 T: (858) 888-0588 E: wprice@williamrprice.com; sdodd@williamrprice.com; obarnes@williamrprice.com; 14 Attorneys for Defendants Gino's Restaurant, Inc., and Ngochao Thi Nguyen 15 16 Cynthia Shambaugh, Esq. Chandrani Mandal, Esq. 17 Joan Whipple, Assistant Izie Hudson, Assistant 18 LEWIS BRISBOIS BISGAARD & SMITH 2185 N. California Blvd., Suite 300 19 Walnut Creek, CA 94596 T: (825) 478-3257 20 E: Cynthia.Shambaugh@lewisbrisbois.com; Joan.Whipple@lewisbrisbois.com; Izie.Hudson@lewisbrisbois.com; Chandrani.Mandal@lewisbrisbois.com 21 22 Attorneys for Defendants Austin Alarcon and Rosaura Arcos Paniagua 23 Rodney N. Mayr, Esq. MAYR LAW FIRM 24 1010 W. Taylor St. San Jose, CA 95126 25 T: (408) 331-7606 26 F: (669) 266-5612 E: rodney@mayrlawfirm.com 27 28 PROOF OF SERVICE Attorneys for Defendant NTN Properties, LLC 1 2 Laurie J. Elza, Esq. Maureen Merriles, Legal Assistant 3 LAW OFFICES OF JOHN A. HAUSER One Pointe Drive, 6th Floor 4 Brea, CA 92821 T: (714) 571-0407 5 D: (714) 371-2311 F: (877) 369-5799 6 E: laurie.elza@thehartford.com; Maureen.merriles@thehartford.com 7 Co-counsel for Plaintiffs Louis Montano, Jr., Louie Montano III, and Michael Montano 8 Richard C. Alpers 9 ALPERS LAW GROUP, INC. PO BOX 1540 10 Aptos, CA 95001 T: (855) 808-1174 11 F: (855) 870-1129 E: rca@alperslawgroup.com; clerk@alperslawgroup.com 12 13 Counsel for Plaintiffs Daniel Ortega and Yoselin Garcia 14 Owili K. Eison, Esq. Josephine Far, Esq. 15 BD&J, P.C. 9701 Wilshire Blvd, 12th Floor 16 Beverly Hills, CA 90212 17 T: (310) 887-1818 F: (310) 887-1880 18 E: jdf@bhattorneys.com; eservet1@bhattorneys.com 19 Attorneys for Plaintiff Maira Arellano 20 Joseph J. Babich, Esq. 21 DREYER BABICH BUCCOLA WOOD CAMPORA, LLP 22 20 Bicentennial Circle Sacramento, CA 95826 23 T: (916) 379-3500 F: (916) 379-3599 24 E: jbabich@dbbwc.com; tstevens@dbbwc.com; dbbwc-eservice@dbbwc.com 25 26 27 28 PROOF OF SERVICE Attorneys for Plaintiff Diane Middaugh 1 2 Neil P. Berman, Esq. RUCKA, O'BOYLE, LOMBARDO & 3 MCKENNA 245 W. Laurel Dr. 4 Salinas, CA 93906 T: (831) 443-1051 5 F: (831) 443-6419 E: nberman@rolmlaw.com; spena@rolmlaw.com 6 7 Attorneys for Plaintiff Robert Rosett 8 Shahin “Shawn” Kahroba, Esq. SHERIDAN & RUND, KAHROBA PC 9 270 Coral Circle El Segundo, CA 90245 10 T: (310) 640-1200 F: (310) 640-0200 11 E: shawn@srlawyers.com 12 Attorneys for Plaintiff Kevin Smith 13 Robert D. Ponce, Esq. 14 LAW OFFICE OF ROBERT D. PONCE 400 Camino Aguajito Ste 100 15 Monterey, CA 93940 T: (831) 649-0515 16 F: (831) 649-3397 17 E: rponce@redshift.com 18 Attorneys for Defendant Austin Alarcon and Arturo Moranda Alarcon 19 Bryan Pyles, Esq. Jenny Prado, Legal Assistant 20 FORD, WALKER, HAGGERTY & BEHAR LLP 21 One World Trade Center, 27th Floor Long Beach, CA 90831 22 T: (562) 983-2568 F: (562) 590-3571 23 E: bpyles@fwhb.com; jprado@fwhb.com; rlrservice@fwhb.com 24 25 26 27 28 PROOF OF SERVICE