On December 09, 2022 a
Miscellaneous
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-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). FOR COURT USE ONLY
Robert J. Ouniian SBN: 210213
Carpenter & Zuckerman
8827 West Olympic Boulevard, Beverly Hills, CA 90211
TELEPHONE NO.:3 1)-273- FAX NO. (Optional): 310-858-1063 Electronically
E-MAIL ADDRESS:
ATTORNEY FOR (Name: Plaintiffs by Superior Court of California, County of San Mateo
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
Ol 3/22/2023
sreer appress: 40() County Center
waitin appress: 40) County Center By /s/ Nesha Gaines
city AND zip cove: Redwood Citv. 94063 Deputy Clerk
srancH nave: Hall of Justice and Records
CASE NAME: GLORIOSO-EMERSON, et al. v. CITY OF MILLBRAE, et al.
CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER,
Unlimited [_) Limited [J Counter [] Joinder 22-ClV-05181
(Amount (Amount
demanded demanded is
Filed with first appearance by defendant JUDGE:
(Cal. Rules of Court, rule 3.402) DEPT.
exceeds $25,000) $25,000 or less)
Items 1-6 below must be completed (see instructions on page 2).
1 Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
[J Auto (22) [] Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400-3.403)
[_] Uninsured motorist (46) [__] Rule 3.740 collections (09) [__] AntitrustTrade regulation (03)
Other PI/PD/WD (Personal Injury/Property [-} Other collections (09) [__] Construction defect (10)
Damage/Wrongful Death) Tort
[[] Insurance coverage (18) [J Mass tort (40)
[J Asbestos (04) [_] Other contract (37) [__] Securities litigation (28)
[J Product liability (24)
Real Property [__] Environmental/Toxic tort (30)
[__] Medical malpractice (45) [] Eminent domain/inverse [J Insurance coverage claims arising from the
Other PI/PD/WD (23) condemnation (14)
above listed provisionally complex case
types (41)
Non-PI/PD/WD (Other) Tort [_] Wrongful eviction (33) Enforcement of Judgment
Business tort/unfair business practice (07) [__] Other real property (26) [J Enforcement of judgment (20)
Civil rights (08) Unlawful Detainer
Miscellaneous Civil Complaint
Defamation (13) [J Commercial (31)
[_] Rico (27)
Fraud (16) [_] Residential (32) [-} Other complaint (not specified above) (42)
Intellectual property (19) [J Drugs (38)
Miscellaneous Civil Petition
Professional negligence (25) Judicial Review
[__] Partnership and corporate governance (21)
[__] Other non-PI/PD/WD tort (35) [] Asset forfeiture (05)
Employment [_] Petition re: arbitration award (11) [-] Other petition (not specified above) (43)
[_} Wrongful termination (36) [__] Writ of mandate (02)
[-] Other employment (15) [-] Other judicial review (39)
This case [__] is is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a. [__] Large number of separately represented parties d. [__] Large number of witnesses
b. [__] Extensive motion practice raising difficult or novel e. [__] Coordination with related actions pending in one or more
issues that will be time-consuming to resolve courts in other counties, states, or countries, or in a federal
c. [_] Substantial amount of documentary evidence court
f {__] Substantial postjudgment judicial supervision
3. Remedies sought (check ail that apply): a. monetary b. [__] nonmonetary; declaratory or injunctive relief c. ["__] punitive
4 Number of causes of action (specify): 4 (Four)
5. This case [__] is is not a class action suit.
6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
Date: March 22, 2023
> Robert J. Ounyiaw
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY),
NOTICE
. Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
. File this cover sheet in addition to any cover sheet required by local court rule.
. If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Page 1 of 2
Form Adopted for Mandatory Use CIVIL CASE COVER SHEET Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740,
Judicial Council of California Call. Standards of Judicial Administration, std. 3.10
(CM-010 [Rev. September 1, 2021] www. courts.ca.gov
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed
in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which
property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex. CASE TYPES AND EXAMPLES
Auto Tort Contract Provisionally Complex Civil Litigation (Cal.
Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400-3.403)
Damage/Wrongful Death Breach of Rental/Lease Antitrust/Trade Regulation (03)
Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10)
case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject to Contract/Warranty Breach-Seller Securities Litigation (28)
arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract/ Insurance Coverage Claims
Other PUPDIWD (Personal Injury/ Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41)
Tort Collections (e.g., money owed, open Enforcement of Judgment
Asbestos (04) book accounts) (09) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case—Seller Plaintiff Abstract of Judgment (Out of
Asbestos Personal Injury/ Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations)
toxic/environmental) (24) complex) (18) Sister State Judgment
Medical Malpractice (45) Auto Subrogation Administrative Agency Award
Medical Malpractice— Other Coverage (not unpaid taxes)
Physicians & Surgeons Other Contract (37) Petition/Certification of Entry of
Other Professional Health Care Contractual Fraud Judgment on Unpaid Taxes.
Malpractice Other Contract Dispute Other Enforcement of Judgment
Other PVPD/WD (23) Real Property Case
Premises Liability (e.g., slip Eminent Domain/Inverse Miscellaneous Civil Complaint
and fall Condemnation (14)
Wrongful Eviction (33) RICO (27)
Intentional Bodily Injury/PD/WD Other Real Property (e.g., quiet title) (26) Other Complaint (not specified
(e.g., assault, vandalism) above) (42)
Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only
Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non-
Negligent Infliction of Quiet Title harassment)
Emotional Distress Other Real Property (not eminent Mechanics Lien
Other PI/PD/WD. domain, landlord/tenant, or Other Commercial Complaint
Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tort/non-complex)
Business Tort/Unfair Business Unlawful Detainer Other Civil Complaint
Practice (07) Commercial (31) (non-tort/non-complex)
Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate
harassment) (08) drugs, check this item; otherwise, Governance (21)
Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified
Judicial Review
(13) above) (43)
Fraud (16) Asset Forfeiture (05) Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence
Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult
Legal Malpractice Writ-Administrative Mandamus Abuse
Other Professional Malpractice Writ-Mandamus on Limited Court Election Contest
(not medical or legal) Case Matter Petition for Name Change.
Other Non-PI/PD/WD Tort (35) Writ-Other Limited Court Case Petition for Relief From Late
Employment Review Claim
Wrongful Termination (36) Other Judicial Review (39) Other Civil Petition
Other Employment (15) Review of Health Officer Order
Notice of Appeal-Labor
ommissioner Appeals
(CM-010 [Rev, September 1, 2021] CIVIL CASE COVER SHEET Page 2 of 2
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
Iam employed in the County of Los Angeles, State of California. I am over the age of
18 and not a party to the within action. My business address is 8827 W. Olympic Blvd.,
Beverly Hills, CA 90211.
On March 22, 2023, I served the foregoing document(s) described as AMENDED
CIVIL CASE COVER SHEET on all interested parties in this action as set forth on the
attached service list as follows:
oO BY MAIL: I placed a true copy of the above captioned documents for collection and
processing for mailing, following this business’ usual practices, with which I am readily
familiar. On the same day correspondence is placed for collection and mailing, it is
10 deposited in the ordinary course of business with the United States Postal Service.
11 BY OVERNIGHT MAIL: By sealing the envelope and placing it for collection and
overnight delivery in a box regularly maintained by an overnight delivery service with
12 delivery fees paid or provided for in accordance with ordinary business practices.
13
BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to
14 counsel for defendants.
15 BY ELECTRONIC TRANSFER/VIA FACSIMILE: I caused all of the pages of the
above-entitled document(s) to be sent to the recipients noted above via electronic
16 transfer (FAX) at the respective telephone numbers indicated above.
17
BY ELECTRONIC SERVICE: Pursuant to Code of Civil Procedure §
18 1010.6(a)(2)(A)(i), 1010.6(a)(2)(A)(ii), and/or necessity resulting from the Safer at
Home order/regulation issued by the City and County of Los Angeles effective March
19 20, 2020: from my email address veronica@cz.law to the e-mail address(es) listed on
the ATTACHED SERVICE LIST.
20
BY EMAIL OR ELECTRONIC TRANSMISSION: Pursuant to California Rules of
21
Court, Rule 2.251(b), I caused each such document to be converted to .pdf format and
22 sent from e-mail address veronica@cz.law to the person(s) on the electronic notification
address listed in the service list.
23
STATE: I declare under penalty of perjury under the laws of the State of
24 California that the above is true and correct.
25
Executed on March 22, 2023 at Beverly Hills, California.
26
Veronica Busfor
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28 Veronica Bustos
PROOF OF SERVICE
SERVICE LIST
Glorioso-Emerson, et al. v. City of Millbrae, et al.
Case No.: 22-CIV-05181
Lemuel L. Garcia
lem@lemgarcialaw.com
LEM GARCIA LAW, PC
1720 West Cameron Avenue, Suite 210
West Covina, CA 91790
Tele: (626) 337-1111
Fax: (626) 337-1112
TODD H. MASTER
RIDLEY¢MASTER
10 1900 O’Farrell Street, Suite 280
6103 San Mateo, CA 94403
11
Telephone: (650) 365-7715
12 Facsimile: (650) 364-5297
tmaster@hrmrlaw.com
13 fkelly@hrmrlaw.com
Attorneys for Defendant CITY OF MILLBRAE
14
15 Erin E. Holbrook
G. Michael Harrington
16 Samuel C. Law
samuel.c.law@dot.ca.gov
17 California Department of Transportation — Legal Division
111 Grand Ave., Suite 11-100
18
Oakland, CA 94612-3717
19 Mail: P.O. Box 24323, Oakland, CA 94623
T: 510.433.9100
20 F: 510.433.9167
Attorneys for Defendant State of California acting by and through the Department of
21 Transportation
22
23 Kenneth D. Simoncini
Eric Steinle
24 kds@simoncini-law.com
Simoncini & Associates
25 1694 The Alameda
San Jose, CA 95126
26
T: 408.280.7711
27 F: 408.280.1330
Attorneys for Defendants, San Mateo Transit District and Peninsula Corridor Joint Powers
28 Board
PROOF OF SERVICE
Christopher J. Nevis
Steffanie A. Malla
LEWIS BRISBOIS BISGAARD & SMITH LLP
45 Fremont Street, Suite 3000
San Francisco, California 94105
Tel: 415.362.2580
Fax: 415.434.0882
Christopher.Nevis@lewisbrisbois.com
Steffanie.Malla@lewisbrisbois.com
lucia.suazo@lewisbrisbois.com
Attorneys for Defendant,
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
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PROOF OF SERVICE