Preview
1 Andrew K. Murphy, Esq., SBN: 258102
amurphy@clappmoroney.com
2 Zachery A. Ross Esq., SBN: 294070
zross@clappmoroney.com
3 CLAPP, MORONEY, VUCINICH,
BEEMAN+SCHELEY
4 5860 Owens Drive, Suite 410
Pleasanton, California 94588
5 Telephone: (925) 734-0990
Facsimile: (925) 734-0888
6
7 Attorney for Defendants,
YAHUALICA TRUCKING COMPANY, INC.;
8 FAUSTINO REYES NEVAREZ
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SAN MATEO
CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY
11 NAVTEJ SINGH, in his individual capacity and Lead Case No.: 23-CIV-03555
as heir and successor-in-interest to MANDEEP [Related w/23CIV05195 and 23CIV05706]
12 PAL KAUR, decease, and BHAVNOOR
SINGH, a minor by and through his Guardian [Assigned to the Hon. Nancy L. Fineman,
PLEASANTON, CALIFORNIA 94588
5860 OWENS DRIVE, SUITE 410
13 ad Litem, NAVTEJ SINGH, Dept. 4]
14 Plaintiffs, DEFENDANTS ANSWER TO PLAINTIFFS
PERMOD VASHSHT, LAVANYA
15 v. VASISHT, TISHA VASISHT AND THE
ESTATE OF DEEPIKA VASISHT’S FIRST
16 YAHUALICA TRUCKING COMPANY, INC., AMENDED COMPLAINT; DEMAND FOR
a California corporation; FAUSTINO REYES JURY TRIAL
17 NEVAREZ, an individual; and DOES 1 through
50, inclusive,
18 First Amended Complaint Filed: 1/8/2023
Defendants. Trial Date: None set
19
20 AND ALL RELATED CROSS-ACTIONS.
21
22 COMES NOW Defendants, FAUSTINO REYES NEVAREZ and YAHUALICA
23 TRUCKING COMPANY, INC. (hereinafter collectively “Defendants”), .in answer to the First
24 Amended Complaint of Plaintiffs, PERMOD VASISHT, LAVANYA VASISHT,TISHA VASISHT,
25 Individually and as Successors-in-Interest to the Estate of DEEPIKA VASISHT, Deceased,
26 (hereinafter collectively “Plaintiffs”) and herewith denies each and every, all and singular, the
27 allegations of said First Amended Complaint, and each alleged cause of action thereof, and in that
28 ///
1
DEFENDANTS ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
1 connection, said Defendants deny that Plaintiffs have been injured or damaged in any of the sums
2 mentioned in the Plaintiffs, or in any other amount, or at all, by reason of any action or omission.
3 AFFIRMATIVE DEFENSES
4 AS A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST
5 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these
6 answering Defendants allege that said First Amended Complaint, and each alleged cause of action
7 thereof, fails to state facts sufficient to constitute a cause of action against these answering Defendants.
8 AS A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST
9 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these
10 answering Defendants allege that Plaintiffs themselves were careless and negligent in and about the
CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY
11 matters alleged in the First Amended Complaint, and each alleged cause of action thereof, and that
12 said carelessness and negligence on said Plaintiffs’ own part proximately contributed to the happening
PLEASANTON, CALIFORNIA 94588
5860 OWENS DRIVE, SUITE 410
13 of the loss and damages complained of, if any there were. Under the doctrine of comparative
14 negligence, Plaintiffs’ own comparative negligence shall reduce any and all damages sustained by said
15 Plaintiffs.
16 AS A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST
17 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these
18 answering Defendants allege that said damages sustained by Plaintiffs were either wholly or in part
19 the fault of others, whether that fault be the proximate result of negligence, strict liability, breach of
20 warranty, breach of contract or any other type of fault caused by persons, firms, corporations, or
21 entities other than these answering Defendants and said negligence or fault comparatively reduces the
22 percentage of fault or negligence, if any, by these answering Defendants.
23 AS A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST
24 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these
25 answering Defendants allege that Plaintiffs failed to mitigate their damages.
26 AS A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST
27 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these
28 answering Defendants allege that the First Amended Complaint and each alleged cause of action
2
DEFENDANTS ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
1 thereof, fails to state facts sufficient to constitute a cause of action in that said First Amended
2 Complaint, and each cause of action thereof, is barred by the statute of limitations as stated in Part
3 Two, Title II, Chapter 3, of the California Code of Civil Procedure, beginning with Section 335, and
4 continuing through Section 349.4 and, more particularly, but not limited, to Sections 337, 337.1,
5 337.15, 337.5, 338, 339, 340 and 343.
6 AS A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST
7 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these
8 answering Defendants allege that the provisions of the "Fair Responsibility Act of 1986" (commonly
9 known as Proposition 51, Civil Code Sections 1430, 1431, 1431.1, 1431.2, 1431.3, 1431.4, 1431.5
10 and 1432) are applicable to this action to the extent Plaintiff’s injuries and damages, if any there were
CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY
11 or are, were proximately caused or contributed to by the carelessness, negligence or fault of persons
12 or entities other than these answering Defendants.
PLEASANTON, CALIFORNIA 94588
5860 OWENS DRIVE, SUITE 410
13 AS A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST
14 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these
15 answering Defendants are informed and believe and thereon alleges that Plaintiff, with full
16 appreciation of the particular risks involved, nevertheless knowingly and voluntarily assumed the risks
17 and hazards of the activity complained of and the damages, if any, resulting therefrom.
18 AS AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST
19 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these
20 answering Defendants presently have insufficient knowledge or information upon which to form a
21 belief as to whether they may have additional, as yet unstated, affirmative defenses. These answering
22 Defendants reserve herein the right to assert additional affirmative defenses in the event discovery
23 indicates that would be appropriate.
24 WHEREFORE, these answering Defendants pray that the Plaintiffs take nothing by way of
25 their Unverified First Amended Complaint, that Defendants have judgment for costs of suit incurred
26 herein, together with such other and further relief as the court may deem just and proper.
27 ///
28 ///
3
DEFENDANTS ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
1 JURY TRIAL DEMAND AND DEPOSIT OF JURY FEES
2 Defendants demands trial by jury and hereby provides notice that that pursuant to California
3 Code of Civil Procedure section 631, Defendants hereby tenders jury fees deposit of $150 per
4 Defendant.
5
6 Dated: April 5, 2024 CLAPP, MORONEY, VUCINICH,
BEEMAN+SCHELEY
7
8
By:
9 Andrew K. Murphy, Esq.
Zachary A. Ross, Esq.
10 Attorney for Defendants,
CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY
YAHUALICA TRUCKING COMPANY, INC.;
11 FAUSTINO REYES NEVAREZ
12
PLEASANTON, CALIFORNIA 94588
5860 OWENS DRIVE, SUITE 410
13
14
15
16
17
18
19
20
21
22
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25
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4
DEFENDANTS ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
1 Singh, Navtej, et al. v. Yahualica Trucking Company, Inc. et al.
San Mateo County Superior Court Case No. 23-CIV-03555
2
PROOF OF SERVICE
3 [Code of Civ. Proc. §§ 1011, 1013, 1031a, 2015.5]
4 METHOD OF SERVICE:
5 By Personal Service By Mail By Overnight Delivery
By Messenger Service By Facsimile By E-Mail/Electronic Transmission
6
1. I am a citizen of the United States and am employed in the County of Alameda, State of
7 CALIFORNIA. I am over the age of 18 years and not a party to the within action.
8 2. My place of employment is 5860 Owens Drive, Suite 410, Pleasanton, California 94588.
9 3. On the date set forth below, I caused to be served a true and correct copy of the document
described as:
10
CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY
DEFENDANTS ANSWER TO PLAINTIFFS PERMOD VASHSHT, LAVANYA
11 VASISHT, TISHA VASISHT AND THE ESTATE OF DEEPIKA VASISHT’S FIRST
AMENDED COMPLAINT; DEMAND FOR JURY TRIAL
12
PLEASANTON, CALIFORNIA 94588
I served the documents on the persons below, as follows:
5860 OWENS DRIVE, SUITE 410
13
14 Attorney for Plaintiff Navtej Singh Attorney for Co-Claimants Permod Vasisht,
Neama Rahmani Lavanya Vasisht, Tisha Vasisht, and the
15 H. Dean Aynchi Estate of Deepika Vasisht
R. Gilland Jones Mark J. Zanobini
16 WEST COAST TRIAL LAWYERS, APLC Renata L. Bogomolnaya
1147 South Hope Street LAW OFFICE OF MARK J. ZANOBINI, PC
17
Los Angeles, CA 90015 591 Redwood Highway, Bldg. 4000
18 Tel: 213-927-3700 Mill Valley, Ca 94941-3039
Fax: 213-927-3701 Email: mark@zanobinilaw.com
19 Email: dean@westcoasttriallawyers.com Linda@zanobinilaw.com
gilland@westcoasttriallawyers.com; Elaine@zanobinilaw.com
20 Brody@westcoasttriallawyers.com; admin@zanobinilaw.com
Eva@westcoasttriallawyers.com;
21 filings@westcoasttriallawyers.com
22
Attorney for Co-Claimant Promila Vasishta Attorney for Jose Luis Arroyo Siejo
23 R. Boone Callaway Patrick Cimmarusti
BOONE CALLAWAY Michael C. Mauceri
24 1388 Sutter Street, Suite 1010 Cimmarusti Law Corporation
San Francisco, Ca 94109-5454 620 N. Brand Blvd, Suite 400
25
Email: boone@callawayandwolf.com Glendale, CA 91203
26 eserve@callawayandwolf.com Tel: 323-703-4900
patrick@cimmarustilaw.com
27 michael@cimmarustilaw.com
eservice@cimmarustilaw.com
28
1
PROOF OF SERVICE
1 Attorney for Lightning Express, Inc.
2 Brian H. Gunn
Jessica B. Coffield
3 WOLFE & WYMAN, LLP
2033 N. Main Street, suite 265
4 Walnut Creek, CA 94596
Tel: 925-708-7000
5 Fax: 949-475-9203
6 bhgunn@ww.law
lcwhite@ww.law
7 jbcoffield@ww.law
8
4. The document(s) was served by the following means (specify):
9
a. BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or
10 package provided by an overnight delivery carrier and addressed to the persons at the
addresses in item 4. I place the envelope or package for collection and overnight
CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY
11 delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
12 b. BY MESSENGER SERVICE. I served the documents by placing them in an
envelope or package addressed to the persons at the addresses listed in item 4 and
PLEASANTON, CALIFORNIA 94588
5860 OWENS DRIVE, SUITE 410
13 providing them to a professional messenger service for service.
14 c. BY FAX TRANSMISSION. Based on an agreement of the parties to accept
service by fax transmission, I faxed the documents to the persons at the fax numbers
15 listed in item 4. No error was reported by the fax machine that I used.
16 d. BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on an
agreement or Case Management Order, I caused all of the above-entitled document(s)
17 to be sent to the recipients listed by electronic mail. This service complies with C.C.P.
§1010.6. No electronic message or other indication that the transmission was
18 unsuccessful was received within a reasonable time after the transmission.
19 (State) I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
20
(Federal) declare that I am employed in the offices of a member of the bar of this court at
21 whose direction this service was made. I declare under penalty of perjury that the foregoing is true and
correct.
22
Executed on April 5, 2024 at Pleasanton, California.
23
24
25 Jenny Cordero
26
27
28
2
PROOF OF SERVICE
Preview
1 Andrew K. Murphy, Esq., SBN: 258102 amurphy@clappmoroney.com 2 Zachery A. Ross Esq., SBN: 294070 zross@clappmoroney.com 3 CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 4 5860 Owens Drive, Suite 410 Pleasanton, California 94588 5 Telephone: (925) 734-0990 Facsimile: (925) 734-0888 6 7 Attorney for Defendants, YAHUALICA TRUCKING COMPANY, INC.; 8 FAUSTINO REYES NEVAREZ 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SAN MATEO CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 11 NAVTEJ SINGH, in his individual capacity and Lead Case No.: 23-CIV-03555 as heir and successor-in-interest to MANDEEP [Related w/23CIV05195 and 23CIV05706] 12 PAL KAUR, decease, and BHAVNOOR SINGH, a minor by and through his Guardian [Assigned to the Hon. Nancy L. Fineman, PLEASANTON, CALIFORNIA 94588 5860 OWENS DRIVE, SUITE 410 13 ad Litem, NAVTEJ SINGH, Dept. 4] 14 Plaintiffs, DEFENDANTS ANSWER TO PLAINTIFFS PERMOD VASHSHT, LAVANYA 15 v. VASISHT, TISHA VASISHT AND THE ESTATE OF DEEPIKA VASISHT’S FIRST 16 YAHUALICA TRUCKING COMPANY, INC., AMENDED COMPLAINT; DEMAND FOR a California corporation; FAUSTINO REYES JURY TRIAL 17 NEVAREZ, an individual; and DOES 1 through 50, inclusive, 18 First Amended Complaint Filed: 1/8/2023 Defendants. Trial Date: None set 19 20 AND ALL RELATED CROSS-ACTIONS. 21 22 COMES NOW Defendants, FAUSTINO REYES NEVAREZ and YAHUALICA 23 TRUCKING COMPANY, INC. (hereinafter collectively “Defendants”), .in answer to the First 24 Amended Complaint of Plaintiffs, PERMOD VASISHT, LAVANYA VASISHT,TISHA VASISHT, 25 Individually and as Successors-in-Interest to the Estate of DEEPIKA VASISHT, Deceased, 26 (hereinafter collectively “Plaintiffs”) and herewith denies each and every, all and singular, the 27 allegations of said First Amended Complaint, and each alleged cause of action thereof, and in that 28 /// 1 DEFENDANTS ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT 1 connection, said Defendants deny that Plaintiffs have been injured or damaged in any of the sums 2 mentioned in the Plaintiffs, or in any other amount, or at all, by reason of any action or omission. 3 AFFIRMATIVE DEFENSES 4 AS A FIRST, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST 5 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these 6 answering Defendants allege that said First Amended Complaint, and each alleged cause of action 7 thereof, fails to state facts sufficient to constitute a cause of action against these answering Defendants. 8 AS A SECOND, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST 9 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these 10 answering Defendants allege that Plaintiffs themselves were careless and negligent in and about the CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 11 matters alleged in the First Amended Complaint, and each alleged cause of action thereof, and that 12 said carelessness and negligence on said Plaintiffs’ own part proximately contributed to the happening PLEASANTON, CALIFORNIA 94588 5860 OWENS DRIVE, SUITE 410 13 of the loss and damages complained of, if any there were. Under the doctrine of comparative 14 negligence, Plaintiffs’ own comparative negligence shall reduce any and all damages sustained by said 15 Plaintiffs. 16 AS A THIRD, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST 17 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these 18 answering Defendants allege that said damages sustained by Plaintiffs were either wholly or in part 19 the fault of others, whether that fault be the proximate result of negligence, strict liability, breach of 20 warranty, breach of contract or any other type of fault caused by persons, firms, corporations, or 21 entities other than these answering Defendants and said negligence or fault comparatively reduces the 22 percentage of fault or negligence, if any, by these answering Defendants. 23 AS A FOURTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST 24 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these 25 answering Defendants allege that Plaintiffs failed to mitigate their damages. 26 AS A FIFTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST 27 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these 28 answering Defendants allege that the First Amended Complaint and each alleged cause of action 2 DEFENDANTS ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT 1 thereof, fails to state facts sufficient to constitute a cause of action in that said First Amended 2 Complaint, and each cause of action thereof, is barred by the statute of limitations as stated in Part 3 Two, Title II, Chapter 3, of the California Code of Civil Procedure, beginning with Section 335, and 4 continuing through Section 349.4 and, more particularly, but not limited, to Sections 337, 337.1, 5 337.15, 337.5, 338, 339, 340 and 343. 6 AS A SIXTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST 7 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these 8 answering Defendants allege that the provisions of the "Fair Responsibility Act of 1986" (commonly 9 known as Proposition 51, Civil Code Sections 1430, 1431, 1431.1, 1431.2, 1431.3, 1431.4, 1431.5 10 and 1432) are applicable to this action to the extent Plaintiff’s injuries and damages, if any there were CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 11 or are, were proximately caused or contributed to by the carelessness, negligence or fault of persons 12 or entities other than these answering Defendants. PLEASANTON, CALIFORNIA 94588 5860 OWENS DRIVE, SUITE 410 13 AS A SEVENTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST 14 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these 15 answering Defendants are informed and believe and thereon alleges that Plaintiff, with full 16 appreciation of the particular risks involved, nevertheless knowingly and voluntarily assumed the risks 17 and hazards of the activity complained of and the damages, if any, resulting therefrom. 18 AS AN EIGHTH, SEPARATE AND AFFIRMATIVE DEFENSE TO THE FIRST 19 AMENDED COMPLAINT, AND EACH ALLEGED CAUSE OF ACTION THEREOF, these 20 answering Defendants presently have insufficient knowledge or information upon which to form a 21 belief as to whether they may have additional, as yet unstated, affirmative defenses. These answering 22 Defendants reserve herein the right to assert additional affirmative defenses in the event discovery 23 indicates that would be appropriate. 24 WHEREFORE, these answering Defendants pray that the Plaintiffs take nothing by way of 25 their Unverified First Amended Complaint, that Defendants have judgment for costs of suit incurred 26 herein, together with such other and further relief as the court may deem just and proper. 27 /// 28 /// 3 DEFENDANTS ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT 1 JURY TRIAL DEMAND AND DEPOSIT OF JURY FEES 2 Defendants demands trial by jury and hereby provides notice that that pursuant to California 3 Code of Civil Procedure section 631, Defendants hereby tenders jury fees deposit of $150 per 4 Defendant. 5 6 Dated: April 5, 2024 CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 7 8 By: 9 Andrew K. Murphy, Esq. Zachary A. Ross, Esq. 10 Attorney for Defendants, CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY YAHUALICA TRUCKING COMPANY, INC.; 11 FAUSTINO REYES NEVAREZ 12 PLEASANTON, CALIFORNIA 94588 5860 OWENS DRIVE, SUITE 410 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DEFENDANTS ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT 1 Singh, Navtej, et al. v. Yahualica Trucking Company, Inc. et al. San Mateo County Superior Court Case No. 23-CIV-03555 2 PROOF OF SERVICE 3 [Code of Civ. Proc. §§ 1011, 1013, 1031a, 2015.5] 4 METHOD OF SERVICE: 5 By Personal Service By Mail By Overnight Delivery By Messenger Service By Facsimile By E-Mail/Electronic Transmission 6 1. I am a citizen of the United States and am employed in the County of Alameda, State of 7 CALIFORNIA. I am over the age of 18 years and not a party to the within action. 8 2. My place of employment is 5860 Owens Drive, Suite 410, Pleasanton, California 94588. 9 3. On the date set forth below, I caused to be served a true and correct copy of the document described as: 10 CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY DEFENDANTS ANSWER TO PLAINTIFFS PERMOD VASHSHT, LAVANYA 11 VASISHT, TISHA VASISHT AND THE ESTATE OF DEEPIKA VASISHT’S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL 12 PLEASANTON, CALIFORNIA 94588 I served the documents on the persons below, as follows: 5860 OWENS DRIVE, SUITE 410 13 14 Attorney for Plaintiff Navtej Singh Attorney for Co-Claimants Permod Vasisht, Neama Rahmani Lavanya Vasisht, Tisha Vasisht, and the 15 H. Dean Aynchi Estate of Deepika Vasisht R. Gilland Jones Mark J. Zanobini 16 WEST COAST TRIAL LAWYERS, APLC Renata L. Bogomolnaya 1147 South Hope Street LAW OFFICE OF MARK J. ZANOBINI, PC 17 Los Angeles, CA 90015 591 Redwood Highway, Bldg. 4000 18 Tel: 213-927-3700 Mill Valley, Ca 94941-3039 Fax: 213-927-3701 Email: mark@zanobinilaw.com 19 Email: dean@westcoasttriallawyers.com Linda@zanobinilaw.com gilland@westcoasttriallawyers.com; Elaine@zanobinilaw.com 20 Brody@westcoasttriallawyers.com; admin@zanobinilaw.com Eva@westcoasttriallawyers.com; 21 filings@westcoasttriallawyers.com 22 Attorney for Co-Claimant Promila Vasishta Attorney for Jose Luis Arroyo Siejo 23 R. Boone Callaway Patrick Cimmarusti BOONE CALLAWAY Michael C. Mauceri 24 1388 Sutter Street, Suite 1010 Cimmarusti Law Corporation San Francisco, Ca 94109-5454 620 N. Brand Blvd, Suite 400 25 Email: boone@callawayandwolf.com Glendale, CA 91203 26 eserve@callawayandwolf.com Tel: 323-703-4900 patrick@cimmarustilaw.com 27 michael@cimmarustilaw.com eservice@cimmarustilaw.com 28 1 PROOF OF SERVICE 1 Attorney for Lightning Express, Inc. 2 Brian H. Gunn Jessica B. Coffield 3 WOLFE & WYMAN, LLP 2033 N. Main Street, suite 265 4 Walnut Creek, CA 94596 Tel: 925-708-7000 5 Fax: 949-475-9203 6 bhgunn@ww.law lcwhite@ww.law 7 jbcoffield@ww.law 8 4. The document(s) was served by the following means (specify): 9 a. BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or 10 package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 4. I place the envelope or package for collection and overnight CLAPP, MORONEY, VUCINICH, BEEMAN+SCHELEY 11 delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 12 b. BY MESSENGER SERVICE. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 4 and PLEASANTON, CALIFORNIA 94588 5860 OWENS DRIVE, SUITE 410 13 providing them to a professional messenger service for service. 14 c. BY FAX TRANSMISSION. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers 15 listed in item 4. No error was reported by the fax machine that I used. 16 d. BY E-MAIL OR ELECTRONIC TRANSMISSION. Based on an agreement or Case Management Order, I caused all of the above-entitled document(s) 17 to be sent to the recipients listed by electronic mail. This service complies with C.C.P. §1010.6. No electronic message or other indication that the transmission was 18 unsuccessful was received within a reasonable time after the transmission. 19 (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 20 (Federal) declare that I am employed in the offices of a member of the bar of this court at 21 whose direction this service was made. I declare under penalty of perjury that the foregoing is true and correct. 22 Executed on April 5, 2024 at Pleasanton, California. 23 24 25 Jenny Cordero 26 27 28 2 PROOF OF SERVICE