Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Laurie J. Elza, Esq., SBN 284903
LAW OFFICES OF JILL A. WOOD
One Pointe Dr., 6th Floor, Brea, CA 92821
Mailing Address: P.O. Box 2282, Brea, CA 92822
TELEPHONE NO.: (714) 371-2311 FAX NO. (Optional): (877) 369-5799
E-MAIL ADDRESS: laurie.elza@thehartford.com
ATTORNEY FOR (Name): Defendant and Cross-Complainant, NTN PROPERTIES LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 1200 Aguajito Road
MAILING ADDRESS: 1200 Aguajito Road
CITY AND ZIP CODE: Monterey, CA 93940
BRANCH NAME:
PLAINTIFF/PETITIONER: LOUIS MONTANO, JR., et al.
DEFENDANT/RESPONDENT: CITY OF SALINAS, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE 21CV003635 [LEAD]
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 21, 2024 Time: 9:00 a.m. Dept.: 14 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Laurie J. Elza, Esq.
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): Defendant and Cross-Complainant NTN PROPERTIES LLC
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): 7/14/2022 (*In MONTANO matter only)
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):
CASE IS SETTLED AS TO ALL PLAINTIFFS AND DEFENDANTS. Settlement is pending the approval of the City of Salinas
Council, who will be meeting this week.
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: LOUIS MONTANO, JR., et al. CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF SALINAS, et al. 21CV003635 [LEAD]
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.)
Negligence, premises liability matter arising from a vehicle being pursued by police crashing into a vehicle, and then entering
the premises of Gino's Restaurant in Salinas, CA; striking the outdoor patio and a tented temporary dining area.
(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): January 13, 2025
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):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number):
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: LOUIS MONTANO, JR., et al. CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF SALINAS, et al. 21CV003635 [LEAD]
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): March 20, 2024
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date): Dec. 3, 2024
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: LOUIS MONTANO, JR., et al. CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF SALINAS, et al. 21CV003635 [LEAD]
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name): Sentinel Insurance Company, Ltd.
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: Consolidated w/Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV003598
(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
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: LOUIS MONTANO, JR., et al. CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF SALINAS, et al. 21CV003635 [LEAD]
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):
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):
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: May 6, 2024
Laurie J. Elza, Esq. (SBN 284903)
(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
PROOF OF SERVICE
1 LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al.
Case No. 21CV003635 [LEAD]
2 [Consolidated w/Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV003598]
3
I am over the age of eighteen years and not a party to this action. My business address is:
4 Law Offices of Jill A. Wood, One Pointe Drive, 6th Floor, Brea, CA 92821; email address:
maureen.merriles@thehartford.com.
5
6 On May 6, 2024, I served a true and correct copy of the following document(s), on the
interested party/parties identified on the attached Service List:
7
CASE MANAGEMENT STATEMENT (NTN Properties)
8
9 BY U.S. MAIL
I placed the subject document(s) in a sealed envelope or package addressed to the
10 interested party/parties on the attached Service List with postage fully prepaid. I placed
the envelope for collection and mailing, following our firm’s ordinary business practices.
11
I am readily familiar with this firm’s practice for collecting and processing
12 correspondence for mailing. On the same day that correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States
13 Postal Service.
14 BY OVERNIGHT MAIL
I placed the subject document(s) in a sealed envelope or package provided by an
15 overnight delivery carrier addressed to the interested party/parties on the attached Service
List. I placed the envelope or package for collection and overnight delivery at a regularly
16 utilized drop box of the overnight delivery carrier.
17 BY MESSENGER
I placed the subject document(s) in a sealed envelope or package addressed to the
18 interested party/parties on the attached Service List and provided them to a professional
messenger service.
19
BY FACSIMILE to MAYR LAW FIRM *ONLY*
20 Based on an agreement of the parties to accept service by fax transmission, I faxed the
document(s) on the interested party/parties on the attached Service List. No error was
21 reported by the fax machine I used. A copy of the record of the fax transmission, which I
printed, is attached.
22
BY ELECTRONIC SERVICE
23 Based on applicable law or statute, including California Rule of Court 2.251(C)(3) and/or
Code of Civil Procedure § 1010.6), or an agreement of the parties to accept service by
24 electronic transmission, I electronically served the document(s) on the interested
25 party/parties on the attached Service List.
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_____________________________________________________________________________________________
PROOF OF SERVICE
CERTIFIED MAIL – RETURN RECEIPT REQUESTED
1
I placed the subject document(s) in a sealed envelope or package addressed to the
2 interested party/parties on the attached Service List with postage fully prepaid with a
return receipt requested to be signed by the addressee that the documents were received. I
3 placed the envelope for collection and mailing, following our firm’s ordinary business
4 practices. I am readily familiar with this firm’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection
5 and mailing, it is deposited in the ordinary course of business with the United States
Postal Service.
6
7 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
8
Date: May 6, 2024
9
10
__________________________________
11 MAUREEN MERRILES
12
13 For purposes of serving documents on the Law Offices of Jill A. Wood,
please use the following email addresses:
14
15 Laurie.Elza@thehartford.com
Maureen.Merriles@thehartford.com
16
CaliforniaLawOffice@thehartford.com
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PROOF OF SERVICE
SERVICE LIST
1 LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al.
Case No. 21CV003635 [LEAD]
2 [Consolidated w/Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV003598]
3
Emily A. Ruby, Esq. Richard C. Alpers, Esq.
4 Sergio R. Cardenas, Esq. ALPERS LAW GROUP, INC.
GREENBERG AND RUBY INJURY P.O. Box 1540
5 ATTORNEYS, APC Aptos, CA 95001
400 Continental Blvd., Ste. 320 T: 855-808-1174 / F: 855-870-1129
6 El Segundo, CA 90245 E: rca@alperslawgroup.com
7 T: 323-782-0535 / F: 323-782-0543 Co-Counsel for Plaintiffs, LOUIS MONTANO,
E: eruby@caltrialpros.com; JR.; LOUIE MONTANO III; MICHAEL
8 scardenas@caltrialpros.com; MONTANO
records@caltrialpros.com;
9 sjuarez@caltrialpros.com
Attorneys for Plaintiffs, LOUIS MONTANO,
10
JR.; LOUIE MONTANO III; MICHAEL
11 MONTANO
Christopher A. Callihan, Esq. William R. Price, Esq.
12 OFFICE OF THE CITY ATTORNEY D. Scott Dodd, Esq.
200 Lincoln Ave. LAW OFFICES OF WILLIAM R. PRICE
13 Salinas, CA 93901 12636 High Bluff Dr., Ste. 400
14 T: 831-758-7256 / F: 831-758-7257 San Diego, CA 92130
E: chrisc@ci.salinas.ca.us T: 831-758-7256 / F:
15 Attorneys for Defendant/Cross-Complainant, E: wprice@williamrprice.com;
CITY OF SALINAS sdodd@williamrprice.com;
16 dhartsough@williamrprice.com;
obarnes@williamrprice.com
17
Co-Counsel for Defendant/Cross-Complainant,
18 CITY OF SALINAS
19 Andrew J. Chan, Esq. Rodney N. Mayr, Esq.
Chandrani Mandal, Esq. MAYR LAW FIRM
20 LEWIS BRISBOIS BISGAARD & SMITH 1010 W. Taylor St.
21 LLP San Jose, CA 95126
2185 N. California Blvd., Ste. 300 T: 408-331-7606 / F: 669-266-5612
22 Walnut Creek, CA 94596 E: rodney@mayrlawfirm.com;
T: 925-357-3456 / F: 925-478-3260 emiliano@mayrlawfirm.com
23 E: andrew.chan@lewisbrisbois.com; Attorneys for Defendants/Cross-Defendants,
joan.whipple@lewisbrisbois.com; ROSAURA ARCOS PANIAGUA and AUSTIN
24
chandrani.mandal@lewisbrisbois.com; ALARCON
25 izie.hudson@lewisbrisbois.com
Attorneys for Defendants/Cross-Defendants, *SERVE VIA FACSIMILE ALSO –
26 GINO’S RESTAURANT, INC.; GINO’S CONSISTENT PROBLEMS WITH THEIR
FINE ITALIAN FOOD, INC. and NGOCHAO EMAIL*
27 THI NGUYEN
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_____________________________________________________________________________________________
PROOF OF SERVICE
Joseph J. Babich, Esq. Bryan D. Pyles, Esq.
1
Sean D. Wisman, Esq. FORD, WALKER, HAGGERTY & BEHAR,
2 DREYER BABICH BUCCOLA WOOD LLP
CAMPORA, LLP One World Trade Center, 27th Floor
3 20 Bicentennial Circle Long Beach, CA 90831
Sacramento, CA 95826 T: 562-983-2568/ F: 562-590-3571
4 T: 916-379-3500 / F: 916-379-3599 E: bpyles@fwhb.com; rlrservice@fwhb.com
5 E: jbabich@dbbwc.com; Attorneys for Defendants/Cross-Complainants,
swisman@dbbwc.com; tstevens@dbbwc.com; AUSTIN ALARCON and ARTURO
6 DBBWC-ESERVICE@dbbwc.com MORANDA ALARCON– Monterey Superior
Attorneys for Plaintiff, MAIRA ARELLANO Court, 22CV002531; Maira Arellano vs. Austin
7 – Monterey Superior Court, Case # Alarcon, et al.
22CV002531; Maira Arellano vs. Austin
8 Alarcon, et al.
9
Neil P. Berman, Esq. Shahin “Shawn” Kahroba, Esq.
10 RUCKA, O'BOYLE, LOMBARDO & SHERIDAN & RUND, KAHROBA PC
MCKENNA 270 Coral Circle
11 245 W. Laurel Dr. El Segundo, CA 90245
12 Salinas, CA 93906 T: 310-640-1200 / F: 310-640-0200
T: 831-443-1051 / F: 831-443-6419 E: shawn@srlawyers.com
13 E: nberman@rolmlaw.com; Attorneys for Plaintiff, ROBERT ROSSETT –
spena@rolmlaw.com; janie@rolmlaw.com Monterey Superior Court, Case # 22CV003261;
14 Attorneys for Plaintiff, DIANE MIDDAUGH Robert Rossett vs Austin Alarcon, et al.
– Monterey Superior Court, Case #
15 22CV003206; Diane Middaugh vs BLFA
16 Properties LLC, et al.
17 Robert D. Ponce, Esq. Owili K. Eison, Esq.
LAW OFFICE OF ROBERT D. PONCE Yen-Yu “Renee” Liu, Esq.
18 400 Camino Aguajito, Ste. 100 BD&J, PC
19 Monterey, CA 93940 9701 Wilshire Blvd., 12th Floor
T: 831-649-0515 / F: 831-649-3397 Beverly Hills, CA 90212
20 E: rponce@redshift.com; T: 310-887-1818 / F: 310-887-1880
sgarcia@redshift.com; E: oe@bhattorneys.com; jdf@bhattorneys.com;
21 mbejsovec@redshift.com eservet1@bhattorneys.com;
Attorney for Plaintiff, KEVIN SMITH – rrg@bhattorneys.com; lcc@bhattorneys.com
22
Monterey Superior Court, Case # Attorneys for Plaintiffs, DANIEL ORTEGA and
23 22CV003443; Kevin Smith vs Gino's Fine YOSELYN GARCIA – Monterey Superior
Italian Food, Inc., et al. Court, Case # 22CV003598; Daniel Ortega, et al.
24 vs. Austin Alarcon, et al.
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PROOF OF SERVICE
Gina D. Huettel, Esq.
1
WILLIAMS, PINELLI & CULLEN
2 1960 The Alameda, Ste. 195
San Jose, CA 95126
3 T: 408-288-3868 x 109 / F: 408-288-3860
E: ghuettel@wpclaw.com;
4 amagana@wpclaw.com
5 Attorneys for Defendant, BRYAN
CABALLERO TENA – Monterey Superior
6 Court, Case # 22CV003598; Daniel Ortega, et
al. vs. Austin Alarcon, et al.
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PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Laurie J. Elza, Esq., SBN 284903 LAW OFFICES OF JILL A. WOOD One Pointe Dr., 6th Floor, Brea, CA 92821 Mailing Address: P.O. Box 2282, Brea, CA 92822 TELEPHONE NO.: (714) 371-2311 FAX NO. (Optional): (877) 369-5799 E-MAIL ADDRESS: laurie.elza@thehartford.com ATTORNEY FOR (Name): Defendant and Cross-Complainant, NTN PROPERTIES LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS: 1200 Aguajito Road MAILING ADDRESS: 1200 Aguajito Road CITY AND ZIP CODE: Monterey, CA 93940 BRANCH NAME: PLAINTIFF/PETITIONER: LOUIS MONTANO, JR., et al. DEFENDANT/RESPONDENT: CITY OF SALINAS, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 21CV003635 [LEAD] (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 21, 2024 Time: 9:00 a.m. Dept.: 14 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Laurie J. Elza, Esq. 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): Defendant and Cross-Complainant NTN PROPERTIES LLC 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): 7/14/2022 (*In MONTANO matter only) 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): CASE IS SETTLED AS TO ALL PLAINTIFFS AND DEFENDANTS. Settlement is pending the approval of the City of Salinas Council, who will be meeting this week. 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: LOUIS MONTANO, JR., et al. CASE NUMBER: DEFENDANT/RESPONDENT: CITY OF SALINAS, et al. 21CV003635 [LEAD] 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.) Negligence, premises liability matter arising from a vehicle being pursued by police crashing into a vehicle, and then entering the premises of Gino's Restaurant in Salinas, CA; striking the outdoor patio and a tented temporary dining area. (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): January 13, 2025 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 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: LOUIS MONTANO, JR., et al. CASE NUMBER: DEFENDANT/RESPONDENT: CITY OF SALINAS, et al. 21CV003635 [LEAD] 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): March 20, 2024 Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): Dec. 3, 2024 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: LOUIS MONTANO, JR., et al. CASE NUMBER: DEFENDANT/RESPONDENT: CITY OF SALINAS, et al. 21CV003635 [LEAD] 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Sentinel Insurance Company, Ltd. 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: Consolidated w/Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV003598 (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 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: LOUIS MONTANO, JR., et al. CASE NUMBER: DEFENDANT/RESPONDENT: CITY OF SALINAS, et al. 21CV003635 [LEAD] 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): 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): 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: May 6, 2024 Laurie J. Elza, Esq. (SBN 284903) (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 PROOF OF SERVICE 1 LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al. Case No. 21CV003635 [LEAD] 2 [Consolidated w/Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV003598] 3 I am over the age of eighteen years and not a party to this action. My business address is: 4 Law Offices of Jill A. Wood, One Pointe Drive, 6th Floor, Brea, CA 92821; email address: maureen.merriles@thehartford.com. 5 6 On May 6, 2024, I served a true and correct copy of the following document(s), on the interested party/parties identified on the attached Service List: 7 CASE MANAGEMENT STATEMENT (NTN Properties) 8 9 BY U.S. MAIL I placed the subject document(s) in a sealed envelope or package addressed to the 10 interested party/parties on the attached Service List with postage fully prepaid. I placed the envelope for collection and mailing, following our firm’s ordinary business practices. 11 I am readily familiar with this firm’s practice for collecting and processing 12 correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States 13 Postal Service. 14 BY OVERNIGHT MAIL I placed the subject document(s) in a sealed envelope or package provided by an 15 overnight delivery carrier addressed to the interested party/parties on the attached Service List. I placed the envelope or package for collection and overnight delivery at a regularly 16 utilized drop box of the overnight delivery carrier. 17 BY MESSENGER I placed the subject document(s) in a sealed envelope or package addressed to the 18 interested party/parties on the attached Service List and provided them to a professional messenger service. 19 BY FACSIMILE to MAYR LAW FIRM *ONLY* 20 Based on an agreement of the parties to accept service by fax transmission, I faxed the document(s) on the interested party/parties on the attached Service List. No error was 21 reported by the fax machine I used. A copy of the record of the fax transmission, which I printed, is attached. 22 BY ELECTRONIC SERVICE 23 Based on applicable law or statute, including California Rule of Court 2.251(C)(3) and/or Code of Civil Procedure § 1010.6), or an agreement of the parties to accept service by 24 electronic transmission, I electronically served the document(s) on the interested 25 party/parties on the attached Service List. 26 27 28 1 _____________________________________________________________________________________________ PROOF OF SERVICE CERTIFIED MAIL – RETURN RECEIPT REQUESTED 1 I placed the subject document(s) in a sealed envelope or package addressed to the 2 interested party/parties on the attached Service List with postage fully prepaid with a return receipt requested to be signed by the addressee that the documents were received. I 3 placed the envelope for collection and mailing, following our firm’s ordinary business 4 practices. I am readily familiar with this firm’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection 5 and mailing, it is deposited in the ordinary course of business with the United States Postal Service. 6 7 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 8 Date: May 6, 2024 9 10 __________________________________ 11 MAUREEN MERRILES 12 13 For purposes of serving documents on the Law Offices of Jill A. Wood, please use the following email addresses: 14 15 Laurie.Elza@thehartford.com Maureen.Merriles@thehartford.com 16 CaliforniaLawOffice@thehartford.com 17 18 19 20 21 22 23 24 25 26 27 28 2 _____________________________________________________________________________________________ PROOF OF SERVICE SERVICE LIST 1 LOUIS MONTANO, JR.; et al. v. CITY OF SALINAS; et al. Case No. 21CV003635 [LEAD] 2 [Consolidated w/Case Nos. 22CV002531; 22CV003206; 22CV003261; 22CV003443; and 22CV003598] 3 Emily A. Ruby, Esq. Richard C. Alpers, Esq. 4 Sergio R. Cardenas, Esq. ALPERS LAW GROUP, INC. GREENBERG AND RUBY INJURY P.O. Box 1540 5 ATTORNEYS, APC Aptos, CA 95001 400 Continental Blvd., Ste. 320 T: 855-808-1174 / F: 855-870-1129 6 El Segundo, CA 90245 E: rca@alperslawgroup.com 7 T: 323-782-0535 / F: 323-782-0543 Co-Counsel for Plaintiffs, LOUIS MONTANO, E: eruby@caltrialpros.com; JR.; LOUIE MONTANO III; MICHAEL 8 scardenas@caltrialpros.com; MONTANO records@caltrialpros.com; 9 sjuarez@caltrialpros.com Attorneys for Plaintiffs, LOUIS MONTANO, 10 JR.; LOUIE MONTANO III; MICHAEL 11 MONTANO Christopher A. Callihan, Esq. William R. Price, Esq. 12 OFFICE OF THE CITY ATTORNEY D. Scott Dodd, Esq. 200 Lincoln Ave. LAW OFFICES OF WILLIAM R. PRICE 13 Salinas, CA 93901 12636 High Bluff Dr., Ste. 400 14 T: 831-758-7256 / F: 831-758-7257 San Diego, CA 92130 E: chrisc@ci.salinas.ca.us T: 831-758-7256 / F: 15 Attorneys for Defendant/Cross-Complainant, E: wprice@williamrprice.com; CITY OF SALINAS sdodd@williamrprice.com; 16 dhartsough@williamrprice.com; obarnes@williamrprice.com 17 Co-Counsel for Defendant/Cross-Complainant, 18 CITY OF SALINAS 19 Andrew J. Chan, Esq. Rodney N. Mayr, Esq. Chandrani Mandal, Esq. MAYR LAW FIRM 20 LEWIS BRISBOIS BISGAARD & SMITH 1010 W. Taylor St. 21 LLP San Jose, CA 95126 2185 N. California Blvd., Ste. 300 T: 408-331-7606 / F: 669-266-5612 22 Walnut Creek, CA 94596 E: rodney@mayrlawfirm.com; T: 925-357-3456 / F: 925-478-3260 emiliano@mayrlawfirm.com 23 E: andrew.chan@lewisbrisbois.com; Attorneys for Defendants/Cross-Defendants, joan.whipple@lewisbrisbois.com; ROSAURA ARCOS PANIAGUA and AUSTIN 24 chandrani.mandal@lewisbrisbois.com; ALARCON 25 izie.hudson@lewisbrisbois.com Attorneys for Defendants/Cross-Defendants, *SERVE VIA FACSIMILE ALSO – 26 GINO’S RESTAURANT, INC.; GINO’S CONSISTENT PROBLEMS WITH THEIR FINE ITALIAN FOOD, INC. and NGOCHAO EMAIL* 27 THI NGUYEN 28 3 _____________________________________________________________________________________________ PROOF OF SERVICE Joseph J. Babich, Esq. Bryan D. Pyles, Esq. 1 Sean D. Wisman, Esq. FORD, WALKER, HAGGERTY & BEHAR, 2 DREYER BABICH BUCCOLA WOOD LLP CAMPORA, LLP One World Trade Center, 27th Floor 3 20 Bicentennial Circle Long Beach, CA 90831 Sacramento, CA 95826 T: 562-983-2568/ F: 562-590-3571 4 T: 916-379-3500 / F: 916-379-3599 E: bpyles@fwhb.com; rlrservice@fwhb.com 5 E: jbabich@dbbwc.com; Attorneys for Defendants/Cross-Complainants, swisman@dbbwc.com; tstevens@dbbwc.com; AUSTIN ALARCON and ARTURO 6 DBBWC-ESERVICE@dbbwc.com MORANDA ALARCON– Monterey Superior Attorneys for Plaintiff, MAIRA ARELLANO Court, 22CV002531; Maira Arellano vs. Austin 7 – Monterey Superior Court, Case # Alarcon, et al. 22CV002531; Maira Arellano vs. Austin 8 Alarcon, et al. 9 Neil P. Berman, Esq. Shahin “Shawn” Kahroba, Esq. 10 RUCKA, O'BOYLE, LOMBARDO & SHERIDAN & RUND, KAHROBA PC MCKENNA 270 Coral Circle 11 245 W. Laurel Dr. El Segundo, CA 90245 12 Salinas, CA 93906 T: 310-640-1200 / F: 310-640-0200 T: 831-443-1051 / F: 831-443-6419 E: shawn@srlawyers.com 13 E: nberman@rolmlaw.com; Attorneys for Plaintiff, ROBERT ROSSETT – spena@rolmlaw.com; janie@rolmlaw.com Monterey Superior Court, Case # 22CV003261; 14 Attorneys for Plaintiff, DIANE MIDDAUGH Robert Rossett vs Austin Alarcon, et al. – Monterey Superior Court, Case # 15 22CV003206; Diane Middaugh vs BLFA 16 Properties LLC, et al. 17 Robert D. Ponce, Esq. Owili K. Eison, Esq. LAW OFFICE OF ROBERT D. PONCE Yen-Yu “Renee” Liu, Esq. 18 400 Camino Aguajito, Ste. 100 BD&J, PC 19 Monterey, CA 93940 9701 Wilshire Blvd., 12th Floor T: 831-649-0515 / F: 831-649-3397 Beverly Hills, CA 90212 20 E: rponce@redshift.com; T: 310-887-1818 / F: 310-887-1880 sgarcia@redshift.com; E: oe@bhattorneys.com; jdf@bhattorneys.com; 21 mbejsovec@redshift.com eservet1@bhattorneys.com; Attorney for Plaintiff, KEVIN SMITH – rrg@bhattorneys.com; lcc@bhattorneys.com 22 Monterey Superior Court, Case # Attorneys for Plaintiffs, DANIEL ORTEGA and 23 22CV003443; Kevin Smith vs Gino's Fine YOSELYN GARCIA – Monterey Superior Italian Food, Inc., et al. Court, Case # 22CV003598; Daniel Ortega, et al. 24 vs. Austin Alarcon, et al. 25 26 27 28 4 _____________________________________________________________________________________________ PROOF OF SERVICE Gina D. Huettel, Esq. 1 WILLIAMS, PINELLI & CULLEN 2 1960 The Alameda, Ste. 195 San Jose, CA 95126 3 T: 408-288-3868 x 109 / F: 408-288-3860 E: ghuettel@wpclaw.com; 4 amagana@wpclaw.com 5 Attorneys for Defendant, BRYAN CABALLERO TENA – Monterey Superior 6 Court, Case # 22CV003598; Daniel Ortega, et al. vs. Austin Alarcon, et al. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 _____________________________________________________________________________________________ PROOF OF SERVICE