Preview
Kevin J. Holl, SBN 124830
Erin K. Muniga, SBN 317741 Electronically
GORDON-CREED, KELLEY, b Superior t if
HOLL, ANGEL & SUGERMAN, LLP ON
5/12 2023
50 California Street, 34" Floor By /s/ Ashi lee Nelson
San Francisco, CA 94111
Deputy Clerk
Tel: (415) 421-3100
Fax: (415) 421-3150
holl@gkhs.com; muniga@gkhs.com
Exempt from filing fees per
Gov’t Code § 6103
Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
SUPERIOR COURT OF CALIFORNIA
10
COUNTY OF SAN MATEO
11
REGINA GLORIOSO-EMERSON; ESTATE Case No. 22-CIV-05181
12 OF ROLANDO GLORIOSO; CHRISTIAN
CUNANAN; KATRYNE PIOQUINTO; JOHN
13
MATTHEW CUNANAN; and ESTATE OF Assigned for all purposes to Hon. Robert D. Foiles,
14 SUSANA GLORIOSO, Dept. 21
15 Plaintiffs, DECLARATION OF KEVIN J. HOLL IN
SUPPORT OF DEFENDANT CITY AND
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V. COUNTY OF SAN FRANCISCO’S
17 DEMURRER TO PLAINTIFFS’ COMPLAINT
CITY OF MILLBRAE; STATE OF
18 CALIFORNIA; CITY AND COUNTY OF [Filed concurrently with Notice of Demurrer;
19 SAN FRANCISCO; COUNTY OF SAN Demurrer; Memorandum of Points and
MATEO; CITY OF SAN BRUNO; SAN Authorities; and [Proposed] Order]
20 FRANCISCO AREA RAPID TRANSIT
DISTRICT; SAN MATEO COUNTY
21 TRANSIT DISTRICT; PENINSULA. DATE: July 28, 2023
22 CORRIDOR JOINT POWERS BOARD; and TIME: 9:00 a.m.
DOES 1-20, DEPT: 21, Courtroom 2J
23 JUDGE: Honorable Robert D. Foiles
Defendants.
24
25
26 Complaint Filed: December 9, 2022
Trial Date: Unassigned
27
28
Page |
DECLARATION OF KEVIN J. HOLL IN SUPPORT OF CCSF’S DEMURRER
I, Kevin J. Holl, declare:
1 lam a partner at Gordon-Creed, Kelley, Holl, Angel & Sugerman, LLP, counsel of
record for defendant City and County of San Francisco (hereafter, “CCSF”) in this matter, and am duly
licensed to practice law before all courts in the State of California. I have personal knowledge of the
facts set forth herein, and if called to testify, could competently do so. For those facts of which I do not
have personal knowledge, they are stated upon information and belief.
2 Plaintiffs filed their Complaint on December 9, 2022.
3 On March 3, 2023, I initiated contact with Plaintiffs’ counsel, Robert J. Ounjian, to
schedule a conference call to introduce myselfas retained outside counsel for CCSF. I spoke with Mr.
10 Ounjian on March 14, 2023.
11 4 After my preliminary evaluation of the Complaint and discussions with my client, I
12 contacted Plaintiffs’ counsel on March 27, 2023 to begin the meet and confer process as to Plaintiffs’
13 Second Cause of Action for negligence; specifically, that Plaintiffs could not bring a general negligence
14 cause of action directly against a public entity based on premises liability.
15 5 Having not received a response to the issues I raised regarding Plaintiffs’ negligence
16 claim, I sent a follow-up email to Mr. Ounjian on April 5, 2023.
17 6. On April 11, 2023, and at my request, an associate in my firm, Erin Muniga, sent
18 another email to Mr. Ounjian, again requesting a response regarding the issues raised with Plaintiffs’
19 negligence cause of action and requesting dismissal ofthe claim as to CCSF.
7
20 On April 12, 2023, I sent an additional email to Mr. Ounjian advising him that there
21 were also pleading defects with the First Cause of Action for dangerous condition of public property;
22 specifically, that a public entity may not be held liable for a dangerous condition of property that it does
23 not own or control.
24 8 Two weeks later, I again instructed my associate Erin Muniga to send another email to
25 Mr. Ounjian on April 26, 2023 to inquire about Plaintiffs’ meet and confer response.
26 9 On April 27, 2023, I received an emailed letter from Mr. Ounjian, in which he provided
27 additional information as to the bases for Plaintiffs’ First and Second Causes of Action, and he declined
28 to dismiss CCSF from the litigation.
Page 2
DECLARATION OF KEVIN J. HOLL IN SUPPORT OF CCSF’S DEMURRER
1 10. True and correct copies of the parties’ email exchange between March 3 and April 27,
2 || 2023, including a copy of Mr. Ounjian’s letter, is attached hereto as Exhibit A.
3 11. The information provided by Plaintiffs’ counsel did not cure the pleading defects raised
4 in my meet and confer emails, thereby necessitating the filing of CCSF’s Demurrer.
5
6 I declare under penalty of perjury under the laws of the State of California that the foregoing is
7 || true and correct. Executed on May 12, 2023 at San Francisco, California.
10 Kevin J. Holl
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Page 3
DECLARATION OF KEVIN J. HOLL IN SUPPORT OF CCSF’S DEMURRER
EXHIBIT A
From: Robert Ounjian
Sent: Thursday, April 27, 2023 9:55 AM
To: Kevin Holl
Ce: Erin Muniga ; Linda Halperin ; Angela Sexton
; Stephen Glass
Subject: Re: Glorioso v. City of Millbrae, et al.
Yes.
ROBERT J. OUNJIAN
PARTNER
Lo
Carpenter & Zuckerman
8827 W. Olympic Boulevard, Beverly Hills, CA 90211
1 310-273-1230 F 310-858-1063 cell 323-459-5468
www.cz.law
This email and any files transmitted with it are confidential and intended solely for the use of the individual
or entity to whom the email is addressed. If you are not the named addressee, you are prohibited from
disclosing, copying, or disseminating this email in any manner. Instead, please delete this email from your
system and notify the sender of the error. The sender may be contacted by return email or by calling (310)
273-1230
On Thu, Apr 27, 2023 at 9:54 AM Kevin Holl wrote:
Robert,
Thanks. We will review your letter. In the meantime, can you agree to a further two week
extension to respond to the complaint? Thanks.
Kevin
Sent from my iPhone
On Apr 27, 2023, at 9:45 AM, Robert Ounjian wrote:
Erin,
Please see attached correspondence.
Thank you,
ROBERT J. OUNJIAN
PARTNER
Ld
Carpenter & Zuckerman
8827 W. Olympic Boulevard, Beverly Hills, CA 90211
7 310-273-1230 F 310-858-1063 cell 323-459-5468
Wwww.cz.law
This email and any files transmitted with it are confidential and intended solely for the use
of the individual or entity to whom the email is addressed. If you are not the named
addressee, you are prohibited from disclosing, copying, or disseminating this email in any
manner. Instead, please delete this email from your system and notify the sender of the
error. The sender may be contacted by return email or by calling (310) 273-123
On Wed, Apr 26, 2023 at 10:49 AM Erin Muniga wrote:
Hi Robert,
Following up on Kevin’s email below regarding the general negligence and
dangerous condition of public property causes of action.
Best,
Erin
From: Kevin Holl
Sent: Wednesday, April 12, 2023 4:46 PM
To: Erin Muniga ; Robert Ounjian
Cc: Linda Halperin
Subject: Re: Glorioso v. City of Millbrae, et al.
Robert,
My earlier email to you stated that a plaintiff cannot bring a general negligence
cause of action directly against a public entity based on premises liability.
In addition, there is an issue with the Government Code section 835 cause of
action. Specifically, a public entity may not be held liable under section 835
for a dangerous condition of property that it does not own or control.
Goddard v. Department of Fish & Wildlife, 243 Cal.App.4th 350, 359
(2015). The incident site is not on property owned or controlled by the San
Francisco airport.
Let me know if you would like to discuss. Thanks.
Kevin
From: Kevin Holl
Date: Wednesday, April 12, 2023 at 4:14 PM
To: Erin Muniga , Robert Ounjian
Ce: Linda Halperin
Subject: Re: Glorioso v. City of Millbrae, et al.
Robert,
Can we agree to a further extension? Thanks.
Kevin
From: Erin Muniga
Date: Tuesday, April 11, 2023 at 4:55 PM
To: Robert Ounjian
Ce: Linda Halperin , Kevin Holl
Subject: RE: Glorioso v. City of Millbrae, et al.
Counsel,
To follow up on my previous email, if you need more time to consider the
negligence cause of action, we are agreeable to a further extension of April 28,
2023 for CCSF to respond to plaintiff's Complaint. Please advise if you are
agreeable.
From: Erin Muniga
Sent: Tuesday, April 11, 2023 4:18 PM
To: Robert Ounjian
Ce: Linda Halperin ; Kevin Holl
Subject: RE: Glorioso v. City of Millbrae, et al.
Counsel:
We are following up on the below email from Kevin Holl regarding the negligence
cause of action against CCSF. Please advise if you are agreeable to dismissing the
negligence cause of action.
Best,
Erin
From: Kevin Holl
Sent: Wednesday, April 5, 2023 6:16 PM
To: Robert Ounjian
Ce: Erin Muniga ; Linda Halperin
Subject: Re: Glorioso v. City of Millbrae, et al.
Robert,
I'm circling back to see if you’ve had a chance to consider the issue raised in my
March 27 email:
In the interim, we could also meet and confer about a defect in the
complaint. Specifically, a plaintiff cannot bring a general negligence cause of
action directly against a public entity based on premises liability. Instead,
liability must be based ona statute. Here, that statute is Govt. Code 835
(public entity liable for a dangerous condition of public property). If CCSF
remains in the case as a defendant, we are requesting that you dismiss the
negligence cause of action against it.
Let me know. Thanks.
Kevin
From: Kevin Holl
Date: Tuesday, March 28, 2023 at 11:26 AM
To: Robert Ounjian
Ce: Erin Muniga , Linda Halperin
Subject: Re: Glorioso v. City of Millbrae, et al.
Thanks very much. Kevin
From: Robert Ounjian
Date: Tuesday, March 28, 2023 at 11:14 AM
To: Kevin Holl
Ce: Erin Muniga
Subject: Re: Glorioso v. City of Millbrae, et a I
April 14 is confirmed.
Robert
On Tue, Mar 28, 2023 at 10:47 AM Kevin Holl wrote:
Sorry — he’s on paternity leave until April 7 (not March 7).
From: Kevin Holl
Date: Monday, March 27, 2023 at 12:53 PM
To: Robert Ounjian
Ce: Erin Muniga
Subject: Re: Glorioso v. City of Millbrae, et al.
Robert,
You granted an extension of time to March 31 for CCSF to respond to the
complaint. It turns out that a person with some knowledge about issues
raised in the complaint is on paternity leave until March 7. So, | would
appreciate a further extension of two weeks, from March 31 to April 14.
OK?
In the interim, we could also meet and confer about a defect in the
complaint. Specifically, a plaintiff cannot bring a general negligence cause
of action directly against a public entity based on premises liability.
Instead, liability must be based on a statute. Here, that statute is Govt.
Code 835 (public entity liable for a dangerous condition of public
property). If CCSF remains in the case as a defendant, we are requesting
that you dismiss the negligence cause of action against it.
We're available if you would like to discuss things in a call. Thanks.
Kevin
From: Robert Ounjian
Date: Tuesday, March 14, 2023 at 2:31 PM
To: Kevin Holl
Subject: Re: Glorioso v. City of Millbrae, et al.
Looks amazing!
My cell is 323-459-5468.
ROBERT J. OUNJIAN
PARTNER
Error! Filename not specified]
Carpenter & Zuckerman
8827 W. Olympic Boulevard, Beverly Hills, CA 90211
T 310-273-1230 F 310-858-1063 cell 323-459-5468
www.cz.law
This email and any files transmitted with it are confidential and intended solely for the
use of the individual or entity to whom the email is addressed. If you are not the
named addressee, you are prohibited from disclosing, copying, or disseminating this
email in any manner. Instead, please delete this email from your system and notify
the sender of the error. The sender may be contacted by return email or by
calling (310) 273-123:
On Tue, Mar 14, 2023 at 2:10 PM Kevin Holl wrote:
Robert,
It was good to talk with you.
Here’s a link to the Old Head Golf Links in Ireland:
https: www.oldhead.com,
Kevin
From: Robert Ounjian
Date: Friday, March 10, 2023 at 12:33 PM
To: Kevin Holl
Subject: Re: Glorioso v. City of Millbrae, et al.
Kevin,
Can we move our call to Tuesday at 2 pm?
lam caught up in another matter that is taking longer than | anticipated.
Thank you.
ROBERT J. OUNJIAN
PARTNER
[Error! Filename not specified]
Carpenter & Zuckerman
8827 W. Olympic Boulevard, Beverly Hills, CA 90211
T 310-273-1230 F 310-858-1063 cell 323-459-5468
www.cz.law
This email and any files transmitted with it are confidential and intended solely for
the use of the individual or entity to whom the email is addressed. If you are not
the named addressee, you are prohibited from disclosing, copying, or disseminating
this email in any manner. Instead, please delete this email from your system and
notify the sender of the error. The sender may be contacted by return email or by
calling (310) 273-123
On Mon, Mar 6, 2023 at 6:33 PM Kevin Holl wrote:
Robert,
Thank you for the extension.
| could talk to you tomorrow around 4:00 or on Friday between 2:00 —
4:00. Let me know which time slot works best for you.
Kevin
From: Robert Ounjian
Date: Monday, March 6, 2023 at 6:26 PM
To: Kevin Holl
Cc: "lem@lemgarcialaw.com"
Subject: Re: Glorioso v. City of Millbrae, et al.
Kevin,
| can grant an extension to March 31, 2023.
lam available tomorrow after 2 pm and on Friday after 10:30 am to
schedule a call.
Please let me know what works for you.
ROBERT J. OUNJIAN
PARTNER
|Error! Filename not specified]
Carpenter & Zuckerman
8827 W. Olympic Boulevard, Beverly Hills, CA 90211
T 310-273-1230 F 310-858-1063 cell 323-459-5468
www.cz.law
This email and any files transmitted with it are confidential and intended solely
for the use of the individual or entity to whom the email is addressed. If you are
not the named addressee, you are prohibited from disclosing, copying, or
disseminating this email in any manner. Instead, please delete this email from
your system and notify the sender of the error. The sender may be contacted by
return email or by calling (310) 273-123
On Fri, Mar 3, 2023 at 1:17 PM Kevin Holl wrote:
Dear Robert and Lem,
My firm is going to be representing the City and County of San Francisco
in this case.
| would like to set up a call with you soon to introduce myself in an
actual conversation. In the meantime though, are you agreeable to an
extension of time for CCSF to respond to the complaint? The response
date | have is March 16. Can we get an additional thirty days?
Let me know. Thank you.
Kevin
Kevin J. Holl
Gordon-Creed Kelley Holl Angel & Sugerman LLP
50 California Street, 34"" Floor
San Francisco, CA 94111
T: (415) 421-3100 x1003 | D: (415) 969-6752 | gkhs.com
Privileged and Confidential:
This email and the document(s) accompanying it may contain
confidential information that is legally privileged. The information is
intended only for the use of the individual or entity named above. If you
are not the intended recipient, please inform the sender and delete.
--
ROBERT J. OUNJIAN
PARTNER
[Error! Filename not specified]
Carpenter & Zuckerman
8827 W. Olympic Boulevard, Beverly Hills, CA 90211
T 310-273-1230 F 310-858-1063 cell 323-459-5468
www.cz.law
This email and any files transmitted with it are confidential and intended solely for the
use of the individual or entity to whom the email is addressed. If you are not the named
addressee, you are prohibited from disclosing, copying, or disseminating this email in
any manner. Instead, please delete this email from your system and notify the sender of
the error. The sender may be contacted by return email or by calling (310) 273-123
CZ
Kevin J. Holl
Gordon-Creed Kelley Holl Angel & Sugerman, LLP
50 California Street, 34" Floor
San Francisco, California 94111
Via Email: Holl@gkhs.com
April 27, 2023
Re: Glorioso-Emerson, et al. v. City of Milbrae, et al.
San Mateo Superior Court Case No. 22-CIV-05181
Dear Mr. Holl,
I am writing in response to your efforts to meet and confer with respect to the above-referenced
matter. You represent the City and County of San Francisco.
The plaintiffs have alleged three causes of action against your client: 1) Dangerous Condition of
Public Property; 2) Negligence; and 3) A survival action. It is my understanding that you have
raised two issues with the Complaint:
First, you asked that your clients be dismissed from the second cause of action for negligence on
the grounds that public entities cannot be liable for negligence in a general fashion.
While we generally agree that public entities cannot be liable for in a direct manner for
negligence, we are alleging that your client is vicariously liable for the negligence of its
employees in the course and scope of their employment. Government Code § 815.2 provides
that a public entity may be so liable. (See e.g. State of Calif. v. Sup. Ct. (2012) 60 Cal. 4" 1002,
1009; William S. Hart Union High School Dist. (2012) 53 Cal. 53 Cal. 4"" 861, 868.)
Second, you asked that your clients be dismissed from the first cause of action for dangerous
condition of public property on the grounds that you do not own or control the property at issue.
According to the City of Milbrae Storm Drain Master Plan, the pump stations in the City are
operated jointly between the City and the Airport (your client). For instance, if you see page 6-4
of the August 2018 report, it states:
City staff have indicated that flooding has occurred in the past in
the Aviador Area, particularly where there has been a failure at the
Airport Lift Station. At the present time, the Airport Lift Station
relies on a single 125 horsepower pump.....
Accordingly, it is our understanding that your clients had control of some or all of the storm
drainage system which failed in this tragedy. To be sure, we have not yet been able to conduct a
full investigation of the system (which is in the control of the defendants) and we have extensive
discovery to perform. Should discovery show your clients lack any control or ownership of the
elements that caused this failure, we will of course reconsider dismissing them from this action.
Ml
Ml
Ml
CARPENTER & ZUCKERMAN
8827 W. Olympic Blvd., Beverly Hills, CA 90211 T 310-273-1230 F 310-858-1063
Page 2 of 2
Thope this clarifies this matter.
Very Truly Yours,
Rebut Ounpean
Robert J. Ounjian
CARPENTER & ZUCKERMAN
8827 W. Olympic Blvd., Beverly Hills, CA 90211 1 310-273-1230 F 310-858-1063
Preview
Kevin J. Holl, SBN 124830 Erin K. Muniga, SBN 317741 Electronically GORDON-CREED, KELLEY, b Superior t if HOLL, ANGEL & SUGERMAN, LLP ON 5/12 2023 50 California Street, 34" Floor By /s/ Ashi lee Nelson San Francisco, CA 94111 Deputy Clerk Tel: (415) 421-3100 Fax: (415) 421-3150 holl@gkhs.com; muniga@gkhs.com Exempt from filing fees per Gov’t Code § 6103 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 REGINA GLORIOSO-EMERSON; ESTATE Case No. 22-CIV-05181 12 OF ROLANDO GLORIOSO; CHRISTIAN CUNANAN; KATRYNE PIOQUINTO; JOHN 13 MATTHEW CUNANAN; and ESTATE OF Assigned for all purposes to Hon. Robert D. Foiles, 14 SUSANA GLORIOSO, Dept. 21 15 Plaintiffs, DECLARATION OF KEVIN J. HOLL IN SUPPORT OF DEFENDANT CITY AND 16 V. COUNTY OF SAN FRANCISCO’S 17 DEMURRER TO PLAINTIFFS’ COMPLAINT CITY OF MILLBRAE; STATE OF 18 CALIFORNIA; CITY AND COUNTY OF [Filed concurrently with Notice of Demurrer; 19 SAN FRANCISCO; COUNTY OF SAN Demurrer; Memorandum of Points and MATEO; CITY OF SAN BRUNO; SAN Authorities; and [Proposed] Order] 20 FRANCISCO AREA RAPID TRANSIT DISTRICT; SAN MATEO COUNTY 21 TRANSIT DISTRICT; PENINSULA. DATE: July 28, 2023 22 CORRIDOR JOINT POWERS BOARD; and TIME: 9:00 a.m. DOES 1-20, DEPT: 21, Courtroom 2J 23 JUDGE: Honorable Robert D. Foiles Defendants. 24 25 26 Complaint Filed: December 9, 2022 Trial Date: Unassigned 27 28 Page | DECLARATION OF KEVIN J. HOLL IN SUPPORT OF CCSF’S DEMURRER I, Kevin J. Holl, declare: 1 lam a partner at Gordon-Creed, Kelley, Holl, Angel & Sugerman, LLP, counsel of record for defendant City and County of San Francisco (hereafter, “CCSF”) in this matter, and am duly licensed to practice law before all courts in the State of California. I have personal knowledge of the facts set forth herein, and if called to testify, could competently do so. For those facts of which I do not have personal knowledge, they are stated upon information and belief. 2 Plaintiffs filed their Complaint on December 9, 2022. 3 On March 3, 2023, I initiated contact with Plaintiffs’ counsel, Robert J. Ounjian, to schedule a conference call to introduce myselfas retained outside counsel for CCSF. I spoke with Mr. 10 Ounjian on March 14, 2023. 11 4 After my preliminary evaluation of the Complaint and discussions with my client, I 12 contacted Plaintiffs’ counsel on March 27, 2023 to begin the meet and confer process as to Plaintiffs’ 13 Second Cause of Action for negligence; specifically, that Plaintiffs could not bring a general negligence 14 cause of action directly against a public entity based on premises liability. 15 5 Having not received a response to the issues I raised regarding Plaintiffs’ negligence 16 claim, I sent a follow-up email to Mr. Ounjian on April 5, 2023. 17 6. On April 11, 2023, and at my request, an associate in my firm, Erin Muniga, sent 18 another email to Mr. Ounjian, again requesting a response regarding the issues raised with Plaintiffs’ 19 negligence cause of action and requesting dismissal ofthe claim as to CCSF. 7 20 On April 12, 2023, I sent an additional email to Mr. Ounjian advising him that there 21 were also pleading defects with the First Cause of Action for dangerous condition of public property; 22 specifically, that a public entity may not be held liable for a dangerous condition of property that it does 23 not own or control. 24 8 Two weeks later, I again instructed my associate Erin Muniga to send another email to 25 Mr. Ounjian on April 26, 2023 to inquire about Plaintiffs’ meet and confer response. 26 9 On April 27, 2023, I received an emailed letter from Mr. Ounjian, in which he provided 27 additional information as to the bases for Plaintiffs’ First and Second Causes of Action, and he declined 28 to dismiss CCSF from the litigation. Page 2 DECLARATION OF KEVIN J. HOLL IN SUPPORT OF CCSF’S DEMURRER 1 10. True and correct copies of the parties’ email exchange between March 3 and April 27, 2 || 2023, including a copy of Mr. Ounjian’s letter, is attached hereto as Exhibit A. 3 11. The information provided by Plaintiffs’ counsel did not cure the pleading defects raised 4 in my meet and confer emails, thereby necessitating the filing of CCSF’s Demurrer. 5 6 I declare under penalty of perjury under the laws of the State of California that the foregoing is 7 || true and correct. Executed on May 12, 2023 at San Francisco, California. 10 Kevin J. Holl 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 DECLARATION OF KEVIN J. HOLL IN SUPPORT OF CCSF’S DEMURRER EXHIBIT A From: Robert Ounjian Sent: Thursday, April 27, 2023 9:55 AM To: Kevin Holl Ce: Erin Muniga ; Linda Halperin ; Angela Sexton ; Stephen Glass Subject: Re: Glorioso v. City of Millbrae, et al. Yes. ROBERT J. OUNJIAN PARTNER Lo Carpenter & Zuckerman 8827 W. Olympic Boulevard, Beverly Hills, CA 90211 1 310-273-1230 F 310-858-1063 cell 323-459-5468 www.cz.law This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom the email is addressed. If you are not the named addressee, you are prohibited from disclosing, copying, or disseminating this email in any manner. Instead, please delete this email from your system and notify the sender of the error. The sender may be contacted by return email or by calling (310) 273-1230 On Thu, Apr 27, 2023 at 9:54 AM Kevin Holl wrote: Robert, Thanks. We will review your letter. In the meantime, can you agree to a further two week extension to respond to the complaint? Thanks. Kevin Sent from my iPhone On Apr 27, 2023, at 9:45 AM, Robert Ounjian wrote: Erin, Please see attached correspondence. Thank you, ROBERT J. OUNJIAN PARTNER Ld Carpenter & Zuckerman 8827 W. Olympic Boulevard, Beverly Hills, CA 90211 7 310-273-1230 F 310-858-1063 cell 323-459-5468 Wwww.cz.law This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom the email is addressed. If you are not the named addressee, you are prohibited from disclosing, copying, or disseminating this email in any manner. Instead, please delete this email from your system and notify the sender of the error. The sender may be contacted by return email or by calling (310) 273-123 On Wed, Apr 26, 2023 at 10:49 AM Erin Muniga wrote: Hi Robert, Following up on Kevin’s email below regarding the general negligence and dangerous condition of public property causes of action. Best, Erin From: Kevin Holl Sent: Wednesday, April 12, 2023 4:46 PM To: Erin Muniga ; Robert Ounjian Cc: Linda Halperin Subject: Re: Glorioso v. City of Millbrae, et al. Robert, My earlier email to you stated that a plaintiff cannot bring a general negligence cause of action directly against a public entity based on premises liability. In addition, there is an issue with the Government Code section 835 cause of action. Specifically, a public entity may not be held liable under section 835 for a dangerous condition of property that it does not own or control. Goddard v. Department of Fish & Wildlife, 243 Cal.App.4th 350, 359 (2015). The incident site is not on property owned or controlled by the San Francisco airport. Let me know if you would like to discuss. Thanks. Kevin From: Kevin Holl Date: Wednesday, April 12, 2023 at 4:14 PM To: Erin Muniga , Robert Ounjian Ce: Linda Halperin Subject: Re: Glorioso v. City of Millbrae, et al. Robert, Can we agree to a further extension? Thanks. Kevin From: Erin Muniga Date: Tuesday, April 11, 2023 at 4:55 PM To: Robert Ounjian Ce: Linda Halperin , Kevin Holl Subject: RE: Glorioso v. City of Millbrae, et al. Counsel, To follow up on my previous email, if you need more time to consider the negligence cause of action, we are agreeable to a further extension of April 28, 2023 for CCSF to respond to plaintiff's Complaint. Please advise if you are agreeable. From: Erin Muniga Sent: Tuesday, April 11, 2023 4:18 PM To: Robert Ounjian Ce: Linda Halperin ; Kevin Holl Subject: RE: Glorioso v. City of Millbrae, et al. Counsel: We are following up on the below email from Kevin Holl regarding the negligence cause of action against CCSF. Please advise if you are agreeable to dismissing the negligence cause of action. Best, Erin From: Kevin Holl Sent: Wednesday, April 5, 2023 6:16 PM To: Robert Ounjian Ce: Erin Muniga ; Linda Halperin Subject: Re: Glorioso v. City of Millbrae, et al. Robert, I'm circling back to see if you’ve had a chance to consider the issue raised in my March 27 email: In the interim, we could also meet and confer about a defect in the complaint. Specifically, a plaintiff cannot bring a general negligence cause of action directly against a public entity based on premises liability. Instead, liability must be based ona statute. Here, that statute is Govt. Code 835 (public entity liable for a dangerous condition of public property). If CCSF remains in the case as a defendant, we are requesting that you dismiss the negligence cause of action against it. Let me know. Thanks. Kevin From: Kevin Holl Date: Tuesday, March 28, 2023 at 11:26 AM To: Robert Ounjian Ce: Erin Muniga , Linda Halperin Subject: Re: Glorioso v. City of Millbrae, et al. Thanks very much. Kevin From: Robert Ounjian Date: Tuesday, March 28, 2023 at 11:14 AM To: Kevin Holl Ce: Erin Muniga Subject: Re: Glorioso v. City of Millbrae, et a I April 14 is confirmed. Robert On Tue, Mar 28, 2023 at 10:47 AM Kevin Holl wrote: Sorry — he’s on paternity leave until April 7 (not March 7). From: Kevin Holl Date: Monday, March 27, 2023 at 12:53 PM To: Robert Ounjian Ce: Erin Muniga Subject: Re: Glorioso v. City of Millbrae, et al. Robert, You granted an extension of time to March 31 for CCSF to respond to the complaint. It turns out that a person with some knowledge about issues raised in the complaint is on paternity leave until March 7. So, | would appreciate a further extension of two weeks, from March 31 to April 14. OK? In the interim, we could also meet and confer about a defect in the complaint. Specifically, a plaintiff cannot bring a general negligence cause of action directly against a public entity based on premises liability. Instead, liability must be based on a statute. Here, that statute is Govt. Code 835 (public entity liable for a dangerous condition of public property). If CCSF remains in the case as a defendant, we are requesting that you dismiss the negligence cause of action against it. We're available if you would like to discuss things in a call. Thanks. Kevin From: Robert Ounjian Date: Tuesday, March 14, 2023 at 2:31 PM To: Kevin Holl Subject: Re: Glorioso v. City of Millbrae, et al. Looks amazing! My cell is 323-459-5468. ROBERT J. OUNJIAN PARTNER Error! Filename not specified] Carpenter & Zuckerman 8827 W. Olympic Boulevard, Beverly Hills, CA 90211 T 310-273-1230 F 310-858-1063 cell 323-459-5468 www.cz.law This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom the email is addressed. If you are not the named addressee, you are prohibited from disclosing, copying, or disseminating this email in any manner. Instead, please delete this email from your system and notify the sender of the error. The sender may be contacted by return email or by calling (310) 273-123: On Tue, Mar 14, 2023 at 2:10 PM Kevin Holl wrote: Robert, It was good to talk with you. Here’s a link to the Old Head Golf Links in Ireland: https: www.oldhead.com, Kevin From: Robert Ounjian Date: Friday, March 10, 2023 at 12:33 PM To: Kevin Holl Subject: Re: Glorioso v. City of Millbrae, et al. Kevin, Can we move our call to Tuesday at 2 pm? lam caught up in another matter that is taking longer than | anticipated. Thank you. ROBERT J. OUNJIAN PARTNER [Error! Filename not specified] Carpenter & Zuckerman 8827 W. Olympic Boulevard, Beverly Hills, CA 90211 T 310-273-1230 F 310-858-1063 cell 323-459-5468 www.cz.law This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom the email is addressed. If you are not the named addressee, you are prohibited from disclosing, copying, or disseminating this email in any manner. Instead, please delete this email from your system and notify the sender of the error. The sender may be contacted by return email or by calling (310) 273-123 On Mon, Mar 6, 2023 at 6:33 PM Kevin Holl wrote: Robert, Thank you for the extension. | could talk to you tomorrow around 4:00 or on Friday between 2:00 — 4:00. Let me know which time slot works best for you. Kevin From: Robert Ounjian Date: Monday, March 6, 2023 at 6:26 PM To: Kevin Holl Cc: "lem@lemgarcialaw.com" Subject: Re: Glorioso v. City of Millbrae, et al. Kevin, | can grant an extension to March 31, 2023. lam available tomorrow after 2 pm and on Friday after 10:30 am to schedule a call. Please let me know what works for you. ROBERT J. OUNJIAN PARTNER |Error! Filename not specified] Carpenter & Zuckerman 8827 W. Olympic Boulevard, Beverly Hills, CA 90211 T 310-273-1230 F 310-858-1063 cell 323-459-5468 www.cz.law This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom the email is addressed. If you are not the named addressee, you are prohibited from disclosing, copying, or disseminating this email in any manner. Instead, please delete this email from your system and notify the sender of the error. The sender may be contacted by return email or by calling (310) 273-123 On Fri, Mar 3, 2023 at 1:17 PM Kevin Holl wrote: Dear Robert and Lem, My firm is going to be representing the City and County of San Francisco in this case. | would like to set up a call with you soon to introduce myself in an actual conversation. In the meantime though, are you agreeable to an extension of time for CCSF to respond to the complaint? The response date | have is March 16. Can we get an additional thirty days? Let me know. Thank you. Kevin Kevin J. Holl Gordon-Creed Kelley Holl Angel & Sugerman LLP 50 California Street, 34"" Floor San Francisco, CA 94111 T: (415) 421-3100 x1003 | D: (415) 969-6752 | gkhs.com Privileged and Confidential: This email and the document(s) accompanying it may contain confidential information that is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, please inform the sender and delete. -- ROBERT J. OUNJIAN PARTNER [Error! Filename not specified] Carpenter & Zuckerman 8827 W. Olympic Boulevard, Beverly Hills, CA 90211 T 310-273-1230 F 310-858-1063 cell 323-459-5468 www.cz.law This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom the email is addressed. If you are not the named addressee, you are prohibited from disclosing, copying, or disseminating this email in any manner. Instead, please delete this email from your system and notify the sender of the error. The sender may be contacted by return email or by calling (310) 273-123 CZ Kevin J. Holl Gordon-Creed Kelley Holl Angel & Sugerman, LLP 50 California Street, 34" Floor San Francisco, California 94111 Via Email: Holl@gkhs.com April 27, 2023 Re: Glorioso-Emerson, et al. v. City of Milbrae, et al. San Mateo Superior Court Case No. 22-CIV-05181 Dear Mr. Holl, I am writing in response to your efforts to meet and confer with respect to the above-referenced matter. You represent the City and County of San Francisco. The plaintiffs have alleged three causes of action against your client: 1) Dangerous Condition of Public Property; 2) Negligence; and 3) A survival action. It is my understanding that you have raised two issues with the Complaint: First, you asked that your clients be dismissed from the second cause of action for negligence on the grounds that public entities cannot be liable for negligence in a general fashion. While we generally agree that public entities cannot be liable for in a direct manner for negligence, we are alleging that your client is vicariously liable for the negligence of its employees in the course and scope of their employment. Government Code § 815.2 provides that a public entity may be so liable. (See e.g. State of Calif. v. Sup. Ct. (2012) 60 Cal. 4" 1002, 1009; William S. Hart Union High School Dist. (2012) 53 Cal. 53 Cal. 4"" 861, 868.) Second, you asked that your clients be dismissed from the first cause of action for dangerous condition of public property on the grounds that you do not own or control the property at issue. According to the City of Milbrae Storm Drain Master Plan, the pump stations in the City are operated jointly between the City and the Airport (your client). For instance, if you see page 6-4 of the August 2018 report, it states: City staff have indicated that flooding has occurred in the past in the Aviador Area, particularly where there has been a failure at the Airport Lift Station. At the present time, the Airport Lift Station relies on a single 125 horsepower pump..... Accordingly, it is our understanding that your clients had control of some or all of the storm drainage system which failed in this tragedy. To be sure, we have not yet been able to conduct a full investigation of the system (which is in the control of the defendants) and we have extensive discovery to perform. Should discovery show your clients lack any control or ownership of the elements that caused this failure, we will of course reconsider dismissing them from this action. Ml Ml Ml CARPENTER & ZUCKERMAN 8827 W. Olympic Blvd., Beverly Hills, CA 90211 T 310-273-1230 F 310-858-1063 Page 2 of 2 Thope this clarifies this matter. Very Truly Yours, Rebut Ounpean Robert J. Ounjian CARPENTER & ZUCKERMAN 8827 W. Olympic Blvd., Beverly Hills, CA 90211 1 310-273-1230 F 310-858-1063