Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Andrew J. Chan SBN 302526
LEWIS BRISBOIS BISGAARD & SMITH LLP
2185 North Calif ornia Boulevard, Suite 300
Walnut Creek, Calif ornia 94596
TELEPHONE NO.: 925.891.3241 FAX NO. (Optional): 925.478.3260
E-MAIL ADDRESS: andrew.chan@lewisbrisbois.com;
dene.batiste@lewisbrisbois.com
ATTORNEY FOR (Name): Defendants/Cross-Def endants Gino's Restaurant, Inc. and
Ngochao Thi Nguyen
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 1200 Aguajito Road
MAILING ADDRESS:
CITY AND ZIP CODE: Monterey, Calif ornia 93940
BRANCH NAME:
LOUIS MONTANO, JR., et al.
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT: CITY OF SALINAS, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE
21CV003635
(Amount demanded (Amount demanded is $25,000 [Consolidated with 22CV002531;
exceeds $25,000) or less) 22CV003206; 22CV003261;
22CV003443; and 22CV003598]
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): Andrew J. Chan
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): Def s/Cross-Defs Gino's Restaurant, Inc. and Ngochao Thi Nguyen
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)
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): Consolidated
matter with all pending lawsuits arising from the incident at issue involving a motor vehicle incident. This matter is
settled in principle pending approval by the City of Salinas Council, which is 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
139895250.1
CM-110
Montano, et al.
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV002531 (lead case)
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, Calif ornia, striking the outdoor patio and a tented
temporary dining area. Personal injury damages are being claimed.
(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):
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):
Trial dates in other matters:
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 10-15 days
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 representatio n 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):
139895250.1 CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
Montano, et. al.
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (lead case)
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):
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
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
139895250.1 CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5
CM-110
Montano, et al.
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (lead case)
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name): CHUBB
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 caus es 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
Gino’s Restaurant, Inc., et al. Written Discovery/Subpoena Records Aug. 30, 2024
Depositions Nov. 29, 2024
Expert Discovery Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
139895250.1 CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
Montano, et al.
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (lead case)
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): 0
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
Andrew J. Chan
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
139895250.1 CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5
1 CALIFORNIA STATE COURT PROOF OF SERVICE
Louis Montano, Jr., et al. v. City of Salinas, et al.
2 Monterey County Superior Court Case No. 21CV003635
3 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA
4 At the time of service, I was over 18 years of age and not a party to this action. My
business address is 2185 North California Boulevard, Suite 300, Walnut Creek, CA 94596 .
5
On May 6, 2024, I served true copies of the following document(s): DEFENDANT’S
6 CASE MANAGEMENT STATEMENT
7 I served the documents on the following persons at the following addresses (including fax
numbers and e-mail addresses, if applicable):
8
SEE ATTACHED SERVICE LIST
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The documents were served by the following means:
10
(BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an
11 agreement of the parties to accept service by e-mail or electronic transmission, I caused the
documents to be sent from e-mail address Dene.Batiste@lewisbrisbois.com to the persons
12 at the e-mail addresses listed above. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
13 unsuccessful.
14 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
15
Executed on May 6, 2024, at Walnut Creek, California.
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18 Dené Batiste
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PROOF OF SERVICE
1 SERVICE LIST
Louis Montano, Jr., et al. v. City of Salinas, et al.
2 Monterey County Superior Court Case No. 21CV003635
3 Emily Ruby. Esq. Attorneys for Plaintiffs
Sergio Cardenas, Esq. LOUIS MONTANO, JR., LOUIE MONTANO III, AND
4 GREENBERG AND RUBY INJURY MICHAEL MONTANO
ATTORNEYS, APC
5 400 Continental Blvd., Suite 320 Tel: 323.782.0535
El Segundo, CA 90245 Fax: 323.782.0543
6 Email: eruby@caltrialpros.com .
sjuarez@caltrialpros.com
7 records@caltrialpros.com
8
Richard C. Alpers Attorneys for Plaintiffs
9 ALBERS LAW GROUP, INC. LOUIS MONTANO, JR., LOUIE MONTANO III, AND
PO Box 1540 MICHAEL MONTANO
10 Aptos, CA 95001
Tel: 855.808.1174
11 Fax: 855.870.1129
Email: rca@alperslawgroup.com
12 clerk@alperslawgroup.com
13 Joseph J. Babich Attorneys for Plaintiff MARIA ARELLANO
Sean D. Wiseman
14 DREYER BABICH BUCCOLA
WOOD CAMPORA, LLP P: (916) 379-3500 • F: (916) 379-3599
15 20 Bicentennial Circle Emails: DBBWC-ESERVICE@dbbwc.com;
Sacramento, CA 95826 jbabich@dbbwc.com; tstevens@dbbwc.com
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Christopher A. Callihan, Esq. Attorneys for Defendant
18 CITY OF SALINAS, OFFICE OF THE CITY OF SALINAS
CITY ATTORNEY
19 200 Lincoln Avenue Tel: (831) 758-7073 (direct)
Salinas, CA 93901-2639 Fax: (831) 758-7257
20 Email: chrisc@ci.salinas.ca.us
21 William R. Price, Esq. Co Counsel for Defendant
Scott Dodd, Esq. CITY OF SALINAS
22 LAW OFFICES OF WILLIAM R.
PRICE Tel: (858) 888-0588
23 12636 High Bluff Dr., Suite 400 Emails: wprice@williamrprice.com;
San Diego, CA 92130 sdodd@williamrprice.com
24 dhartsough@williamrprice.com
obarnes@williamrprice.com
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SERVICE LIST
1 James J. Cook, Esq. Attorneys for Defendants
HORAN | LLOYD, APC. RALPH BOZZO; BLFA PROPERTIES, LLC; AND
2 26385 Carmel Rancho Blvd., Suite 200 GINO'S FINE ITALIAN FOOD, INC.
Carmel, CA 93923
3 Tel: (831) 373-4131
Fax: (831) 373-8302
4 Email: jcook@horanlegal.com
5 Rodney N. Mayr, Esq. Attorneys for Defendants
MAYR LAW FIRM AUSTIN ALARCON AND ROSAURA ARCOS
6 1010 W. Taylor St. PANIAGUA
San Jose, CA 95126
7 Tel: (408) 331-7606
Fax: (669) 266-5612
8 Email: rodney@mayrlawfirm.com
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Bryan Pyles, Esq. Attorneys for Defendant/Cross-Complainant AUSTIN
10 FORD, WALKER, HAGGERTY & ALARCON
BEHAR, LLP
11 One World Trade Center, 27 th Floor Tel: (562) 983-2579
Long Beach, CA 90831 Fax: (562) 590-3571
12 Email:
bpyles@fwhb.com
13 jprado@fwhb.com; RLRService@fwhb.com
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Neil P. Berman, Esq. Attorneys for Plaintiff DIANE MIDDAUGH
15 RUCKA, O’BOYLE, LOMBARDO &
MCKENNA Tel: (831) 443-1051
16 245 W. Laurel Dr. Fax: (831) 443-6419
Salinas, CA 93906 Email: nberman@rolmlaw.com; spena@rolmlaw.com
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18 Shanin “Shawn” Kahroba, Esq. Attorneys for Plaintiff ROBERT ROSETT
SHERIDAN & RUND, KAHROBA PC
19 270 Coral Circle Tel: (310) 640-1200
El Segundo, CA 90245 Fax: (310) 640-0200
20 Email: shawn@srlawyers.com
21 Robert D. Ponce, Esq. Attorneys for Plaintiff KEVIN SMITH
LAW OFFICES OF ROBERT D.
22 PONCE Tel: (831) 649-0515
400 Camino Aguajito, Suite 100 Email: rponce@redshift.com
23 Monterey, CA 93940
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SERVICE LIST
1 Laurie J. Elza, Esq. Attorneys for Defendant NTN PROPERTIES, LLC
LAW OFFICES OF JILL A. WOOD
2 One Pointe Drive, 6 th Floor Tel: (714) 571-0407
Brea, CA 92821 Fax: (877) 369-5799
3 Direct: (714) 371-2311
4 Email: laurie.elza@thehartford.com;
maureen.merriles@thehartford.com;
5 CaliforniaLawOffice@thehartford.com
LawOfficesHauser@thehartford.com (for electronic
6 service only)
7 Owili K. Eison, Esq. Attorney for Plaintiff DANIEL ORTEGA
BD&J, P.C.
8 9701 Wilshire Blvd., 12 th Floor Tel: (310) 887-1818
Beverly Hills, CA 90212 Fax: (310) 887-1880
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Email: oe@bhattorneys.com
10 jdf@bhattorneys.com
11 D. Scott Dodd Direct: (559) 701-4231
LAW OFFICES OF WILLIAM R. Off. (858-888-0588
12 PRICE
Email: sdodd@williamrprice.com
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SERVICE LIST
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Andrew J. Chan SBN 302526 LEWIS BRISBOIS BISGAARD & SMITH LLP 2185 North Calif ornia Boulevard, Suite 300 Walnut Creek, Calif ornia 94596 TELEPHONE NO.: 925.891.3241 FAX NO. (Optional): 925.478.3260 E-MAIL ADDRESS: andrew.chan@lewisbrisbois.com; dene.batiste@lewisbrisbois.com ATTORNEY FOR (Name): Defendants/Cross-Def endants Gino's Restaurant, Inc. and Ngochao Thi Nguyen SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS: 1200 Aguajito Road MAILING ADDRESS: CITY AND ZIP CODE: Monterey, Calif ornia 93940 BRANCH NAME: LOUIS MONTANO, JR., et al. PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CITY OF SALINAS, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 21CV003635 (Amount demanded (Amount demanded is $25,000 [Consolidated with 22CV002531; exceeds $25,000) or less) 22CV003206; 22CV003261; 22CV003443; and 22CV003598] 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): Andrew J. Chan 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): Def s/Cross-Defs Gino's Restaurant, Inc. and Ngochao Thi Nguyen 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) 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): Consolidated matter with all pending lawsuits arising from the incident at issue involving a motor vehicle incident. This matter is settled in principle pending approval by the City of Salinas Council, which is 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 139895250.1 CM-110 Montano, et al. PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV002531 (lead case) 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, Calif ornia, striking the outdoor patio and a tented temporary dining area. Personal injury damages are being claimed. (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): 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): Trial dates in other matters: 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 10-15 days 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 representatio n 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): 139895250.1 CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 Montano, et. al. PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (lead case) 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): 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 (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): 139895250.1 CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 Montano, et al. PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (lead case) 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): CHUBB 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 caus es 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 Gino’s Restaurant, Inc., et al. Written Discovery/Subpoena Records Aug. 30, 2024 Depositions Nov. 29, 2024 Expert Discovery Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): 139895250.1 CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 Montano, et al. PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: City of Salinas, et al. 21CV003635 (lead case) 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): 0 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 Andrew J. Chan (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. 139895250.1 CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 1 CALIFORNIA STATE COURT PROOF OF SERVICE Louis Montano, Jr., et al. v. City of Salinas, et al. 2 Monterey County Superior Court Case No. 21CV003635 3 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA 4 At the time of service, I was over 18 years of age and not a party to this action. My business address is 2185 North California Boulevard, Suite 300, Walnut Creek, CA 94596 . 5 On May 6, 2024, I served true copies of the following document(s): DEFENDANT’S 6 CASE MANAGEMENT STATEMENT 7 I served the documents on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable): 8 SEE ATTACHED SERVICE LIST 9 The documents were served by the following means: 10 (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an 11 agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent from e-mail address Dene.Batiste@lewisbrisbois.com to the persons 12 at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 13 unsuccessful. 14 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15 Executed on May 6, 2024, at Walnut Creek, California. 16 17 18 Dené Batiste 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE 1 SERVICE LIST Louis Montano, Jr., et al. v. City of Salinas, et al. 2 Monterey County Superior Court Case No. 21CV003635 3 Emily Ruby. Esq. Attorneys for Plaintiffs Sergio Cardenas, Esq. LOUIS MONTANO, JR., LOUIE MONTANO III, AND 4 GREENBERG AND RUBY INJURY MICHAEL MONTANO ATTORNEYS, APC 5 400 Continental Blvd., Suite 320 Tel: 323.782.0535 El Segundo, CA 90245 Fax: 323.782.0543 6 Email: eruby@caltrialpros.com . sjuarez@caltrialpros.com 7 records@caltrialpros.com 8 Richard C. Alpers Attorneys for Plaintiffs 9 ALBERS LAW GROUP, INC. LOUIS MONTANO, JR., LOUIE MONTANO III, AND PO Box 1540 MICHAEL MONTANO 10 Aptos, CA 95001 Tel: 855.808.1174 11 Fax: 855.870.1129 Email: rca@alperslawgroup.com 12 clerk@alperslawgroup.com 13 Joseph J. Babich Attorneys for Plaintiff MARIA ARELLANO Sean D. Wiseman 14 DREYER BABICH BUCCOLA WOOD CAMPORA, LLP P: (916) 379-3500 • F: (916) 379-3599 15 20 Bicentennial Circle Emails: DBBWC-ESERVICE@dbbwc.com; Sacramento, CA 95826 jbabich@dbbwc.com; tstevens@dbbwc.com 16 17 Christopher A. Callihan, Esq. Attorneys for Defendant 18 CITY OF SALINAS, OFFICE OF THE CITY OF SALINAS CITY ATTORNEY 19 200 Lincoln Avenue Tel: (831) 758-7073 (direct) Salinas, CA 93901-2639 Fax: (831) 758-7257 20 Email: chrisc@ci.salinas.ca.us 21 William R. Price, Esq. Co Counsel for Defendant Scott Dodd, Esq. CITY OF SALINAS 22 LAW OFFICES OF WILLIAM R. PRICE Tel: (858) 888-0588 23 12636 High Bluff Dr., Suite 400 Emails: wprice@williamrprice.com; San Diego, CA 92130 sdodd@williamrprice.com 24 dhartsough@williamrprice.com obarnes@williamrprice.com 25 26 27 28 SERVICE LIST 1 James J. Cook, Esq. Attorneys for Defendants HORAN | LLOYD, APC. RALPH BOZZO; BLFA PROPERTIES, LLC; AND 2 26385 Carmel Rancho Blvd., Suite 200 GINO'S FINE ITALIAN FOOD, INC. Carmel, CA 93923 3 Tel: (831) 373-4131 Fax: (831) 373-8302 4 Email: jcook@horanlegal.com 5 Rodney N. Mayr, Esq. Attorneys for Defendants MAYR LAW FIRM AUSTIN ALARCON AND ROSAURA ARCOS 6 1010 W. Taylor St. PANIAGUA San Jose, CA 95126 7 Tel: (408) 331-7606 Fax: (669) 266-5612 8 Email: rodney@mayrlawfirm.com 9 Bryan Pyles, Esq. Attorneys for Defendant/Cross-Complainant AUSTIN 10 FORD, WALKER, HAGGERTY & ALARCON BEHAR, LLP 11 One World Trade Center, 27 th Floor Tel: (562) 983-2579 Long Beach, CA 90831 Fax: (562) 590-3571 12 Email: bpyles@fwhb.com 13 jprado@fwhb.com; RLRService@fwhb.com 14 Neil P. Berman, Esq. Attorneys for Plaintiff DIANE MIDDAUGH 15 RUCKA, O’BOYLE, LOMBARDO & MCKENNA Tel: (831) 443-1051 16 245 W. Laurel Dr. Fax: (831) 443-6419 Salinas, CA 93906 Email: nberman@rolmlaw.com; spena@rolmlaw.com 17 18 Shanin “Shawn” Kahroba, Esq. Attorneys for Plaintiff ROBERT ROSETT SHERIDAN & RUND, KAHROBA PC 19 270 Coral Circle Tel: (310) 640-1200 El Segundo, CA 90245 Fax: (310) 640-0200 20 Email: shawn@srlawyers.com 21 Robert D. Ponce, Esq. Attorneys for Plaintiff KEVIN SMITH LAW OFFICES OF ROBERT D. 22 PONCE Tel: (831) 649-0515 400 Camino Aguajito, Suite 100 Email: rponce@redshift.com 23 Monterey, CA 93940 24 25 26 27 28 SERVICE LIST 1 Laurie J. Elza, Esq. Attorneys for Defendant NTN PROPERTIES, LLC LAW OFFICES OF JILL A. WOOD 2 One Pointe Drive, 6 th Floor Tel: (714) 571-0407 Brea, CA 92821 Fax: (877) 369-5799 3 Direct: (714) 371-2311 4 Email: laurie.elza@thehartford.com; maureen.merriles@thehartford.com; 5 CaliforniaLawOffice@thehartford.com LawOfficesHauser@thehartford.com (for electronic 6 service only) 7 Owili K. Eison, Esq. Attorney for Plaintiff DANIEL ORTEGA BD&J, P.C. 8 9701 Wilshire Blvd., 12 th Floor Tel: (310) 887-1818 Beverly Hills, CA 90212 Fax: (310) 887-1880 9 Email: oe@bhattorneys.com 10 jdf@bhattorneys.com 11 D. Scott Dodd Direct: (559) 701-4231 LAW OFFICES OF WILLIAM R. Off. (858-888-0588 12 PRICE Email: sdodd@williamrprice.com 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST