On December 09, 2022 a
CCSF CMC Statement 12-15-23 signed
was filed
involving a dispute between
Cunanan, Christian,
Cunanan, John Matthew,
Estate Of Rolando Glorioso,
Estate Of Susana Glorioso,
Glorioso-Emerson, Regina,
Pioquinto, Katryne,
Peninsula Corridor Joint Powers Board,
San Francisco Area Rapid Transit District,
San Mateo County Transit District,
and
Bay Area Transit Consultants,
Bechtel-Parsons Brinckerhoff-Todd-Warren,
C&B Consulting Engineers,
City And County Of San Francisco,
City Of Millbrae,
City Of San Bruno,
County Of San Mateo,
Does 1-20,
Finger & Moy Architects,
Hntb Corporation,
Intelli-Tech,
Jiu Korve Associates,
Manna Consultants, Inc.,
Peninsula Corridor Joint Powers Board,
San Francisco Area Rapid Transit District,
San Francisco Bay Area Rapid Transit District,
San Mateo County Transit District,
Scott Co. Of California,
Scott-Norman Mechanical, Inc.,
Slg Brisbane Mechanical Co. Jv,
State Of California,
Thomas K. Dyer, Inc.,
Tutor-Saliba Slattery,
Tutor-Saliba Slattery Jv,
Valley Power Systems North, Inc.,
West Yost Associates,
for (23) Unlimited Other PI/PD/WD
in the District Court of San Mateo County.
Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Kevin J. Holl, SBN 124830; Erin K. Muniga, SBN 317741
Gordon-Creed Kelley Holl Angel & Sugerman LLP
50 California Street, 34th Floor
San Francisco, CA 94111
TELEPHONE NO.: 415-421-3100 FAX NO. (Optional): 415-421-3150
E-MAIL ADDRESS: holl@gkhs.com; muniga@gkhs.com
ATTORNEY FOR (Name): City and County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS: 400 County Center
MAILING ADDRESS:
CITY AND ZIP CODE: Redwood City CA 94063
BRANCH NAME:
PLAINTIFF/PETITIONER: REGINA GLORIOSO-EMERSON
DEFENDANT/RESPONDENT: CITY OF MILLBRAE, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE 22-CIV-05181
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 4, 2024 Time: 9:00 a.m. Dept.: Civil Commis. Div.: Room: H
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Erin K. Muniga
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): City and County of San Francisco
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):
Wrongful death causes of action
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: REGINA GLORIOSO-EMERSON CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF MILLBRAE, et al. 22-CIV-05181
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 wrongful death and survival causes of action arising out of the death of Decedents Rolando and Susana
Glorioso who drowned while attempting to drive through a flooded underpass during a heavy storm.
(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):
TRIALS: 3/18/24; 4/8/24 (2 trials); 6/4/24; 6/10/24; 6/17/24; 6/24/24; 8/26/24; 10/14/24; 11/4/24; 12/2/24; 1/27/25; 2/3/25;
6/16/25
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 10-14
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: REGINA GLORIOSO-EMERSON CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF MILLBRAE, et al. 22-CIV-05181
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. September 1, 2021] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: REGINA GLORIOSO-EMERSON CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF MILLBRAE, et al. 22-CIV-05181
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name): Global Aerospace Inc.
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
Defendant CCSF Written discovery April 2024
Defendant CCSF Depositions June 2024
Defendant CCSF Expert Discovery 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: REGINA GLORIOSO-EMERSON CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF MILLBRAE, et al. 22-CIV-05181
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):
The case is not yet at issue. Defendant CCSF has filed a demurrer to the First Amended Complaint. The hearing is set for
January 12, 2024.
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): 0
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: December 15, 2023
Erin K. Muniga /s/ Erin K. Muniga
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. September 1, 2021] Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF ELECTRONIC SERVICE
2 I declare that I am employed in San Francisco, California. I am over the age of 18 years and not
a party to the within action; my business address is 50 California Street, 34th Floor, San Francisco,
3 California, 94111.
4
On December 15, 2023, I served the within: CASE MANAGEMENT STATEMENT on the
5 parties in the within action at the address below listed by the following means:
6 (BY E-MAIL or ELECTRONIC MAIL) Based on the California Rules of Court, April
X
7 17, 2020 Emergency Rule 12, and in accordance with Code of Civil Procedure Section
1010.6 – service of these documents is via electronic mail only. My electronic service address is
8 linda@gkhs.com, and I caused the document(s) to be sent to the persons at the electronic service
address(es) listed in the Service List. I did not receive, within a reasonable time after the
9
transmission, any electronic message or other indication that the transmission was unsuccessful.
10
Robert J. Ounjian, Esq. Kenneth D. Simoncini, Esq.
11 Michael Geragos, Esq. kds@simoncini-law.com; kds@simoncini-
robert@cz.law; mgeragos@cz.law; paul@cz.law; law.com
12
steve@cz.law; angela@cz.law Attorney for San Mateo County Transit
13 District and Peninsula Corridor Joint Powers
Lemuel L. Garcia, Esq. Board
14 lem@lemgarcialaw.com
15 Attorneys for Plaintiff Christopher J. Nevis, Esq.
William F. Horsey, Esq.
16 Todd H. Master, Esq. Christopher.Nevis@lewisbrisbois.com;
tmaster@hrmrlaw.com; fkelly@hrmrlaw.com; William.Horsey@lewisbrisbois.com;
17 Attorney for City of Millbrae sandra.mack@lewisbrisbois.com
18 Attorney for San Francisco Bay Area Rapid
Transit District
19
20 I declare under penalty of perjury under the laws of the State of California that the foregoing is
21 true and correct and that this Declaration was executed on December 15, 2023, at Concord, California.
22
____
23 Linda J. Halperin
24
25
26
27
28
____________________________________________________
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PROOF OF ELECTRONIC SERVICE