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  • REGINA GLORIOSO-EMERSON, et al  vs.  CITY OF MILLBRAE, et al(23) Unlimited Other PI/PD/WD document preview
  • REGINA GLORIOSO-EMERSON, et al  vs.  CITY OF MILLBRAE, et al(23) Unlimited Other PI/PD/WD document preview
  • REGINA GLORIOSO-EMERSON, et al  vs.  CITY OF MILLBRAE, et al(23) Unlimited Other PI/PD/WD document preview
  • REGINA GLORIOSO-EMERSON, et al  vs.  CITY OF MILLBRAE, et al(23) Unlimited Other PI/PD/WD document preview
  • REGINA GLORIOSO-EMERSON, et al  vs.  CITY OF MILLBRAE, et al(23) Unlimited Other PI/PD/WD document preview
  • REGINA GLORIOSO-EMERSON, et al  vs.  CITY OF MILLBRAE, et al(23) Unlimited Other PI/PD/WD document preview
  • REGINA GLORIOSO-EMERSON, et al  vs.  CITY OF MILLBRAE, et al(23) Unlimited Other PI/PD/WD document preview
  • REGINA GLORIOSO-EMERSON, et al  vs.  CITY OF MILLBRAE, et al(23) Unlimited Other PI/PD/WD document preview
						
                                

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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 27 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE