Preview
CM-110
[ATTORNEY OR PARTY WITHOUT ATTORNEY TATE Bar NUMBER: 108069 FOR COURT USE ONLY
nae: ROBERT D. PONCE
rirname: LAW OFFICES OF ROBERT D, PONCE
street aopress: 400 Camino Aguajito, Suite 100
erry: Monterey stare: CA zip cove: 93940
| TELEPHONE NO. (831) 649-0515 FAX NO. (831) 649-3397
EMAIL ADDRESS: rponce@redshift.com
ATTORNEY FOR (name): KEVIN SMITH, Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 1200 Aguajito Road
MAILING ADDRESS: 1200 Aguajito Road
CITY AND ZIP CODE: Monterey 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 [J uimitep case
(Amount demanded (Amount demanded is $35,000 21CV003635 [LEAD]
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 21, 2024 Time: 9:00 AM. Dept.:14 Div.: Room:
Address of court (if different from the address above):
[-X_] Notice of Intent to Appear by Telephone, by (name): KEVIN SMITH
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
This statement is submitted by party (name): KEVIN SMITH
b. [[_] This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): November 9, 2022
b. [] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. [XC] 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) [J 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):
Complaint for Damages for Personal Injuries: General Negligence; Premises Liability
Page
1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court,
Judicial Council of California rules 3,720-3,730
(CM-110 [Rev. January 1, 2024] LexisNexis® Automated California Judicial CSAP SARE
CM-110
PLAINTIFF/PETITIONER: LOUIS MONTANO, JR., et al. CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF SALINAS, etal. 21CV003635 [LEAD]
4. b. Provide a brief statement of the case, including any damages (if personal injury Jamages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost earings; 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
See Attachment 4b
[EX] (if more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request a jury trial [CJ a nonjury trial. (/f more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [XC] 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):
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):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [EZ] by the attorney or party listed in the caption [1] by the following:
Attorney:
Firm:
Address:
Telephone number: f. Fax number:
Email address: g. Party represented:
[—) Additional representation is described in Attachment 8.
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 (Ec) has [1 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
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. January 1, 2024] CASE MANAGEMENT STATEMENT Page
2 of 5
LexisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: LOUIS MONTANO, JR., et al. CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF SALINAS. et al. 21CV003635 [LEAD]
10. c. In the table below, 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 rot yet scheduled
[J Mediation session scheduled for (date):
(1) Mediation
[-) Agreed to complete mediation by (date):
[] Mediation completed on (date): 3/2/2024
[J Settlement conference not yet scheduled
(2) Settlement [EJ Settlement conference scheduled for (date): 12/3/2024
conference [J Agreed to complete settlement conference by (date):
[] Settlement conference completed on (date):
[] Neutral evaluation not yet scheduled
[] Neutral evaluation scheduled for (date):
(8) 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 [J Private arbitration scheduled for (date):
arbitration [] Agreed to complete private arbitration by (date):
[] Private arbitration completed on (date):
[1] ADR session not yet scheduled
[1] ADR session scheduled for (date):
(6) Other (specify):
[] Agreed to complete ADR session by (date):
[] ADR completed on (date):
CM-110 [Rev. January1, 2024] CASE MANAGEMENT STATEMENT Page
3 of §
J exisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: LOUIS MONTANO, JR., et al. CASE NUMBER:
DEFENDANT/RESPONDENT: CITY OF SALIN. AS, etal. 21CV003635 [LEAD]
11. Insurance
a. [_] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [_] Yes [1] 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.
[J Bankruptcy [[_] Other (specify):
Status:
43. Related cases, consolidation, and coordination
a. [(_] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[J Additional cases are described in Attachment 13a.
b. [J] A motion to [J consolidate [©] coordinate will be filed by (name party):
14. Bifurcation
[1] 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
(EZ) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Plaintiff intends to file standard motions in limine
16. Discovery
a. [] The party or parties have completed all discovery.
b. [7] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description
c. [[7] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
(CM-110 [Rev. January 1, 2024] Page
4 of 5
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: LOUIS MONTANO, JR., et al. ‘CASE NUMBER:
DEFENDANTIRESPONDENT: CITY OF SALINAS, ct al. 21CV003635 [LEAD]
17. Economic litigation
a. [] This is a limited civil case (i.e., the amount demanded is $35,000 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):
8, Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The case is settled as to all parties. The settlement as to those cases in which defendant City of
Salinas is named is pending approval by the Salinas City Council.
19. Meet and confer
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):
| 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
ROBERT D. PONCE
(TYPE OR PRINT NAME)
> 4 UY)
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
> (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached.
‘CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 6 of 5
LexisNexis® Automated California Judicial Council Forms
Attachment
Attachment 4b
vehicle, and then entering the premises of Gino's Restaurant in Salinas, CA, striking the
outdoor patio and tented temporary dining area. Plaintiff Kevin Smith sustained injuries to
his thighs, right shoulder, left knee, forearm and hands. Total medical charges are still
being ascertained. To date, plaintiff has the following:
Total Billed: $21,730.79; Paid/Owing: $16,602.76.
Receipt of amounts from Thomas Bradley, MD and amount paid to SimonMed Imaging are
pending.
Wage loss claim totals $2,880.00
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF MONTEREY
LOUIS MONTANO, JR., et al. v. City of Salinas, et al.
Case No. 21CV003635 [LEAD]
[Consolidated with Case Nos.: 22CV002531; 22CV003206; 22CV003261; 22CV003443 and 22CV003598]
Iam employed in the County of Monterey, State of California. I am over the age of 18
and not a party to the within action; my business address is 400 Camino Aguajito, Suite 100,
Monterey, California 93940. My electronic service address is sgarcia@redshift.com.
On May 6. 2024 I served the foregoing document(s) described as:
CASE MANAGEMENT STATEMENT
on the interested partes identified on the attached Service List as follows:
10
BY US MAIL
11 By placing the envelopes for collection and mailing on the date and at the place shown
below following our ordinary business practices. I am readily familiar with this
12 business’ practice for collecting and processing correspondence for mailing. On the
same day that correspondence is placed for collection and mailing, it is deposited in the
13 ordinary course of business with the United States Postal Service in a sealed envelope
with postage fully prepaid.
14 B Y OVERNIGHT MAIL
I placed said copies in a FedEx envelope which was then sealed and, with FedEx
15 charges to be paid by this firm, on this same date placed for collection and mailing at
my place of business following ordinary business practices. Said envelope will be
16 deposited with FedEx on this date following ordi:ary business practices; and there is
delivery service by FedEx at the place so addressed.
17
BY FACSIMILE to MAYR FIRM *ONLY*
18 Based on an agreement of the parties to accept service by fax transmission, I faxed the
document(s) on the interest party(ies) on the attached Service List. The facsimile
19 machine I used complied with California Rules of Court, rule 2004 and no error was
reported by the machine.
20
BY ELECTRONIC SERVICE
21 Based on applicable law or statute, including CRC 2.251(C)(3) and/or CCP §1010.6, or
pursuant to Court Order and/or agreement for email service reached with counsel in this
22 suit, I served the above documents to the email address(es) listed on the Service List. A
true and correct copy of the transmittal will be produced if requested by any party or the
23 Court.
24
Executed on May 6. 2024 at Monterey, California.
25
I declare under penalty of perjury under aws of the State of California that the above
26
is true and correct. ay
27
28
Y) | RCIA
PLAINTIFF KEVIN SMITHS’S
revo
MEDIATION NEF
Montano v. City of Salinas, et al.; Case No.: 21CV003635 [LEAD]
SERVICE LIST
LOUIS MONTANO, JR., et al. v. City of Salinas, et al.
Case No. 21CV003635 [LEAD]
[Consolidated with Case Nos.: 22CV002531; 22CV003206; 22CV003261; 22CV003443 and 22CV003598]
Emily A Ruby, Esq. Richard C. Alpers, Esq.
Sergio R. Cardenas, Esq. ALPERS LAW GROUP, INC.
GREENBERG AND RUBY INJURY P.O. Box 1540
ATTORNEYS, APC Aptos, CA 95001
6100 Wilshire Blvd., Suite 1170 T: 855-808-1174; F: 855-870-1129
Los Angeles, CA 90048 Email: rea@alperslawgroup.com
T: 323-782-0535; F: 323-782-0543 Co-Counsel for Plaintiffs, LOUIS
Email: eruby@caltrialpros.com: MONTANO, JR., LOUIE MONTANO II
scardenas@caltrialpros.com: and MICHAEL MONTANO
10 kdobroth@caltrialpros.com:
records@caltrialpros.com
Attorneys for Plaintiffs, LOUIS MONTANO,
11
JR., LOUIE MONTANO III and MICHAEL
MONTANO
12
Chrisopher A. Callihan, Esq. William R. Price, Esq.
13 OFFICE OF THE CITY ATTORNEY D. Scott Dodd, Esq.
200 Lincoln Avenue LAW OFFICES OF WILLIAM R. PRICE
14 Salinas, CA 93901 12636 High Bluff Drive, Suite 400
T: 831-758-7526; F: 831-758-7257 San Diego, CA 92130
15 Email: chrisc@ci.salinas.ca.us T: F:
Attorneys for Defendant/Cross-Complainant, Email: wprice@williamrprice.com:
16 CITY OF SALINAS sdodd@williamrprice.com
Co Counsel for Defendant/Cross-
17 Complainant, CITY OF SALINAS
18 Andrew J. Chan, Esq. Rody N. Mayr, Esq.
Chandrani Mandal, Esq. MAYR LAW FIRM
19 LEWIS, BRISBOIS, BISGAARD & SMITH, 1010 W. Taylor Street
LLP San Jose, CA 95126
20 2185 N. California Blvd., Suite 300 T: 408-331-7606; F: 669-266-5612
Walnut Creek, CA 94596 Email: rodney@mayrlawfirm.com:
21 T: 925-357-3456; F: 925-478-3260 miliano@mayrlawfirm.com
Email: andrew.chan@lewisbrisbois.com: Attorneys for Defendants/Cross-Defendants,
22 joan. whipple@|lewisbrisbois.com: ROSAURA ARCOS PANIAGUA and
chandrani.mandal@Jewisbrisbois.com: AUSTIN ALARCON
23 izie.hudson@Jewisbrisbois.com
Attorneys for Defendant/Cross-Complainants, Service by FACSIMILE ONLY
24 GINO’S RESTAURANT, INC., GINO’S
FINE ITALIAN FOOD, INC. and
25 NGOCHAO THI NGUYEN
26
27
28
PLAINTIFF KEVIN SMITHS’S MEDIATION BRIEF
Montano v. City of Salinas, et al, Case No.: 21CV003635 [LEAD]
Laurie J. Elza, Esq.
LAW OFFICES OF JILL A. WOOD
One Pointe Drive, 6" Floor
Brea, CA 92821
Mailing Address: P.O. Box 2282, Brea, CA
92821
T: 714-571-0404; Direct: 714-371-2311
F: 877-369-5799
Email: laurie.elza@thehartford.com;
maureen.merriles@thehartford.com
CaliforniaLawOffice@thehartford.com
Attorneys for Defendant/Cross-Complainant,
NTN PROPERTIES LLC
Joseph J. Babich, Esq. Bryan Pyles, Esq.
DREYER BABICH BUCCOLA WOOD FORD, WALKER, HAGGERTY & BEHAR,
CAMPORA, LLP LLP
20 Bicentennial Circle One World Trade Center, 27" Floor
10 Sacramento, CA 95826 Long Beach, CA 90831
T: 916-379-3500; F: 916-379-3599 T: 562-983-2579; F: 562-590-3571
11 Email: jbabich@dbbwe.com: Email: bpyles@fwhb.com:
tstevens@dbbwe.com: DBBWC- Jprado@fwhb.com: rlrservice@fwhb.com
12 ESERVICE@dbbwe.com Attorneys for Defendant/Cross-Complainant,
Attorneys for Plaintiff, MAIRA ARELLANO AUSTIN ALARCON - Monterey County
13 - Monterey County Superior Court Case No.: Superior Court Case No.: 22CV002531;
22CV002531; Maira Arellano v. Austin Maira Arellanov. Austin Alarcon, et al.
14 Alarcon, et al.
15 Neil P. Berman, Esq. Shahin “Shawn” Kahroba, Esq.
RUCKA, O’BOYLE, LOMBARDO & SHERIDAN & RUND, KAHROBA PC
16 MCKENNA 270 Coral Circle
245 W. Laurel Drive El Segundo, CA 90245
17 Salinas, CA 93906 T: 310-540-1200; F: 310-640-0200
T: 831-443-1051; F: 831-443-6419 Email: shawn@srlawyers.com
18 Email: nberman@rolmlaw.com: Attorneys for Plaintiff, ROBERT ROSETT -
spena@rolmlaw.com: janie@rolmlaw.com Monterey County Superior Court, Case No.:
19 Attorneys for Plaintiff, DIANE MIDDAUGH 22CV003261; Robert Rosett v. Austin
- Monterey County Superior Court Case No: Alarcon, et al.
20 22CV003206; Diane Middaugh vs. BLFA
Properties, LLC, et al.
21
Owili K. Eison, Esq. Gina D. Huettel, Esq.
22 Yen-Yu “Renee” Liu Esq. WILLIAMS, PINELLI & CULLEN
BD&J, PC 1960 The Alameda, Suite 195
23 9701 Wilshire Blvd., 12" Floor San Jose, CA 95126
Beverly Hills, CA 90212 T: 408-288-3868, ext. 109; F: 408-288-3860
24 T: 310-887-1818; F: 310-887-1880 Email: ghuettel@wpclaw.com:
Email: oe@bhattorneys.com: amagara(@spclaw.com
25 ryl@bhattorneys.com: Attorneys for Defendant, BRYAN
eservetl @bhattorneys.com: CABALLERO TENA - Monterey County
26 rrg@bhattorneys.com Superior Court Case No.: 22CV003598;
Attorneys for Plaintiffs, DANIEL ORTEGA Daniel Ortega, et al. V. Austin Alarcon, et al.
27 and YOSELIN GARCIA - Monterey County
Superior Court Case No.: 22CV003598;
28 Daniel Ortega, et al. V. Austin Alarcon, et al.
PLAINTIFF KEVIN SMITHS’S MEDIATION BRIEF
Montano v. City of Salinas, et aly ‘Case No.: 21CV003635 [LEAD]
-
Preview
CM-110 [ATTORNEY OR PARTY WITHOUT ATTORNEY TATE Bar NUMBER: 108069 FOR COURT USE ONLY nae: ROBERT D. PONCE rirname: LAW OFFICES OF ROBERT D, PONCE street aopress: 400 Camino Aguajito, Suite 100 erry: Monterey stare: CA zip cove: 93940 | TELEPHONE NO. (831) 649-0515 FAX NO. (831) 649-3397 EMAIL ADDRESS: rponce@redshift.com ATTORNEY FOR (name): KEVIN SMITH, Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS: 1200 Aguajito Road MAILING ADDRESS: 1200 Aguajito Road CITY AND ZIP CODE: Monterey 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 [J uimitep case (Amount demanded (Amount demanded is $35,000 21CV003635 [LEAD] exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 21, 2024 Time: 9:00 AM. Dept.:14 Div.: Room: Address of court (if different from the address above): [-X_] Notice of Intent to Appear by Telephone, by (name): KEVIN SMITH INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): This statement is submitted by party (name): KEVIN SMITH b. [[_] This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): November 9, 2022 b. [] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. [XC] 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) [J 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): Complaint for Damages for Personal Injuries: General Negligence; Premises Liability Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court, Judicial Council of California rules 3,720-3,730 (CM-110 [Rev. January 1, 2024] LexisNexis® Automated California Judicial CSAP SARE CM-110 PLAINTIFF/PETITIONER: LOUIS MONTANO, JR., et al. CASE NUMBER: DEFENDANT/RESPONDENT: CITY OF SALINAS, etal. 21CV003635 [LEAD] 4. b. Provide a brief statement of the case, including any damages (if personal injury Jamages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost earings; 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 See Attachment 4b [EX] (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request a jury trial [CJ a nonjury trial. (/f more than one party, provide the name of each party requesting a jury trial): Trial date a. [XC] 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): 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): Trial representation (to be answered for each party) The party or parties will be represented at trial [EZ] by the attorney or party listed in the caption [1] by the following: Attorney: Firm: Address: Telephone number: f. Fax number: Email address: g. Party represented: [—) Additional representation is described in Attachment 8. 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 (Ec) has [1 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 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. January 1, 2024] CASE MANAGEMENT STATEMENT Page 2 of 5 LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: LOUIS MONTANO, JR., et al. CASE NUMBER: DEFENDANT/RESPONDENT: CITY OF SALINAS. et al. 21CV003635 [LEAD] 10. c. In the table below, 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 rot yet scheduled [J Mediation session scheduled for (date): (1) Mediation [-) Agreed to complete mediation by (date): [] Mediation completed on (date): 3/2/2024 [J Settlement conference not yet scheduled (2) Settlement [EJ Settlement conference scheduled for (date): 12/3/2024 conference [J Agreed to complete settlement conference by (date): [] Settlement conference completed on (date): [] Neutral evaluation not yet scheduled [] Neutral evaluation scheduled for (date): (8) 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 [J Private arbitration scheduled for (date): arbitration [] Agreed to complete private arbitration by (date): [] Private arbitration completed on (date): [1] ADR session not yet scheduled [1] ADR session scheduled for (date): (6) Other (specify): [] Agreed to complete ADR session by (date): [] ADR completed on (date): CM-110 [Rev. January1, 2024] CASE MANAGEMENT STATEMENT Page 3 of § J exisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: LOUIS MONTANO, JR., et al. CASE NUMBER: DEFENDANT/RESPONDENT: CITY OF SALIN. AS, etal. 21CV003635 [LEAD] 11. Insurance a. [_] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [_] Yes [1] 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. [J Bankruptcy [[_] Other (specify): Status: 43. Related cases, consolidation, and coordination a. [(_] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [J Additional cases are described in Attachment 13a. b. [J] A motion to [J consolidate [©] coordinate will be filed by (name party): 14. Bifurcation [1] 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 (EZ) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Plaintiff intends to file standard motions in limine 16. Discovery a. [] The party or parties have completed all discovery. b. [7] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description c. [[7] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. January 1, 2024] Page 4 of 5 CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: LOUIS MONTANO, JR., et al. ‘CASE NUMBER: DEFENDANTIRESPONDENT: CITY OF SALINAS, ct al. 21CV003635 [LEAD] 17. Economic litigation a. [] This is a limited civil case (i.e., the amount demanded is $35,000 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): 8, Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The case is settled as to all parties. The settlement as to those cases in which defendant City of Salinas is named is pending approval by the Salinas City Council. 19. Meet and confer 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): | 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 ROBERT D. PONCE (TYPE OR PRINT NAME) > 4 UY) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) > (SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached. ‘CM-110 [Rev. January 1, 2024] CASE MANAGEMENT STATEMENT Page 6 of 5 LexisNexis® Automated California Judicial Council Forms Attachment Attachment 4b vehicle, and then entering the premises of Gino's Restaurant in Salinas, CA, striking the outdoor patio and tented temporary dining area. Plaintiff Kevin Smith sustained injuries to his thighs, right shoulder, left knee, forearm and hands. Total medical charges are still being ascertained. To date, plaintiff has the following: Total Billed: $21,730.79; Paid/Owing: $16,602.76. Receipt of amounts from Thomas Bradley, MD and amount paid to SimonMed Imaging are pending. Wage loss claim totals $2,880.00 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF MONTEREY LOUIS MONTANO, JR., et al. v. City of Salinas, et al. Case No. 21CV003635 [LEAD] [Consolidated with Case Nos.: 22CV002531; 22CV003206; 22CV003261; 22CV003443 and 22CV003598] Iam employed in the County of Monterey, State of California. I am over the age of 18 and not a party to the within action; my business address is 400 Camino Aguajito, Suite 100, Monterey, California 93940. My electronic service address is sgarcia@redshift.com. On May 6. 2024 I served the foregoing document(s) described as: CASE MANAGEMENT STATEMENT on the interested partes identified on the attached Service List as follows: 10 BY US MAIL 11 By placing the envelopes for collection and mailing on the date and at the place shown below following our ordinary business practices. I am readily familiar with this 12 business’ practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the 13 ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 14 B Y OVERNIGHT MAIL I placed said copies in a FedEx envelope which was then sealed and, with FedEx 15 charges to be paid by this firm, on this same date placed for collection and mailing at my place of business following ordinary business practices. Said envelope will be 16 deposited with FedEx on this date following ordi:ary business practices; and there is delivery service by FedEx at the place so addressed. 17 BY FACSIMILE to MAYR FIRM *ONLY* 18 Based on an agreement of the parties to accept service by fax transmission, I faxed the document(s) on the interest party(ies) on the attached Service List. The facsimile 19 machine I used complied with California Rules of Court, rule 2004 and no error was reported by the machine. 20 BY ELECTRONIC SERVICE 21 Based on applicable law or statute, including CRC 2.251(C)(3) and/or CCP §1010.6, or pursuant to Court Order and/or agreement for email service reached with counsel in this 22 suit, I served the above documents to the email address(es) listed on the Service List. A true and correct copy of the transmittal will be produced if requested by any party or the 23 Court. 24 Executed on May 6. 2024 at Monterey, California. 25 I declare under penalty of perjury under aws of the State of California that the above 26 is true and correct. ay 27 28 Y) | RCIA PLAINTIFF KEVIN SMITHS’S revo MEDIATION NEF Montano v. City of Salinas, et al.; Case No.: 21CV003635 [LEAD] SERVICE LIST LOUIS MONTANO, JR., et al. v. City of Salinas, et al. Case No. 21CV003635 [LEAD] [Consolidated with Case Nos.: 22CV002531; 22CV003206; 22CV003261; 22CV003443 and 22CV003598] Emily A Ruby, Esq. Richard C. Alpers, Esq. Sergio R. Cardenas, Esq. ALPERS LAW GROUP, INC. GREENBERG AND RUBY INJURY P.O. Box 1540 ATTORNEYS, APC Aptos, CA 95001 6100 Wilshire Blvd., Suite 1170 T: 855-808-1174; F: 855-870-1129 Los Angeles, CA 90048 Email: rea@alperslawgroup.com T: 323-782-0535; F: 323-782-0543 Co-Counsel for Plaintiffs, LOUIS Email: eruby@caltrialpros.com: MONTANO, JR., LOUIE MONTANO II scardenas@caltrialpros.com: and MICHAEL MONTANO 10 kdobroth@caltrialpros.com: records@caltrialpros.com Attorneys for Plaintiffs, LOUIS MONTANO, 11 JR., LOUIE MONTANO III and MICHAEL MONTANO 12 Chrisopher A. Callihan, Esq. William R. Price, Esq. 13 OFFICE OF THE CITY ATTORNEY D. Scott Dodd, Esq. 200 Lincoln Avenue LAW OFFICES OF WILLIAM R. PRICE 14 Salinas, CA 93901 12636 High Bluff Drive, Suite 400 T: 831-758-7526; F: 831-758-7257 San Diego, CA 92130 15 Email: chrisc@ci.salinas.ca.us T: F: Attorneys for Defendant/Cross-Complainant, Email: wprice@williamrprice.com: 16 CITY OF SALINAS sdodd@williamrprice.com Co Counsel for Defendant/Cross- 17 Complainant, CITY OF SALINAS 18 Andrew J. Chan, Esq. Rody N. Mayr, Esq. Chandrani Mandal, Esq. MAYR LAW FIRM 19 LEWIS, BRISBOIS, BISGAARD & SMITH, 1010 W. Taylor Street LLP San Jose, CA 95126 20 2185 N. California Blvd., Suite 300 T: 408-331-7606; F: 669-266-5612 Walnut Creek, CA 94596 Email: rodney@mayrlawfirm.com: 21 T: 925-357-3456; F: 925-478-3260 miliano@mayrlawfirm.com Email: andrew.chan@lewisbrisbois.com: Attorneys for Defendants/Cross-Defendants, 22 joan. whipple@|lewisbrisbois.com: ROSAURA ARCOS PANIAGUA and chandrani.mandal@Jewisbrisbois.com: AUSTIN ALARCON 23 izie.hudson@Jewisbrisbois.com Attorneys for Defendant/Cross-Complainants, Service by FACSIMILE ONLY 24 GINO’S RESTAURANT, INC., GINO’S FINE ITALIAN FOOD, INC. and 25 NGOCHAO THI NGUYEN 26 27 28 PLAINTIFF KEVIN SMITHS’S MEDIATION BRIEF Montano v. City of Salinas, et al, Case No.: 21CV003635 [LEAD] Laurie J. Elza, Esq. LAW OFFICES OF JILL A. WOOD One Pointe Drive, 6" Floor Brea, CA 92821 Mailing Address: P.O. Box 2282, Brea, CA 92821 T: 714-571-0404; Direct: 714-371-2311 F: 877-369-5799 Email: laurie.elza@thehartford.com; maureen.merriles@thehartford.com CaliforniaLawOffice@thehartford.com Attorneys for Defendant/Cross-Complainant, NTN PROPERTIES LLC Joseph J. Babich, Esq. Bryan Pyles, Esq. DREYER BABICH BUCCOLA WOOD FORD, WALKER, HAGGERTY & BEHAR, CAMPORA, LLP LLP 20 Bicentennial Circle One World Trade Center, 27" Floor 10 Sacramento, CA 95826 Long Beach, CA 90831 T: 916-379-3500; F: 916-379-3599 T: 562-983-2579; F: 562-590-3571 11 Email: jbabich@dbbwe.com: Email: bpyles@fwhb.com: tstevens@dbbwe.com: DBBWC- Jprado@fwhb.com: rlrservice@fwhb.com 12 ESERVICE@dbbwe.com Attorneys for Defendant/Cross-Complainant, Attorneys for Plaintiff, MAIRA ARELLANO AUSTIN ALARCON - Monterey County 13 - Monterey County Superior Court Case No.: Superior Court Case No.: 22CV002531; 22CV002531; Maira Arellano v. Austin Maira Arellanov. Austin Alarcon, et al. 14 Alarcon, et al. 15 Neil P. Berman, Esq. Shahin “Shawn” Kahroba, Esq. RUCKA, O’BOYLE, LOMBARDO & SHERIDAN & RUND, KAHROBA PC 16 MCKENNA 270 Coral Circle 245 W. Laurel Drive El Segundo, CA 90245 17 Salinas, CA 93906 T: 310-540-1200; F: 310-640-0200 T: 831-443-1051; F: 831-443-6419 Email: shawn@srlawyers.com 18 Email: nberman@rolmlaw.com: Attorneys for Plaintiff, ROBERT ROSETT - spena@rolmlaw.com: janie@rolmlaw.com Monterey County Superior Court, Case No.: 19 Attorneys for Plaintiff, DIANE MIDDAUGH 22CV003261; Robert Rosett v. Austin - Monterey County Superior Court Case No: Alarcon, et al. 20 22CV003206; Diane Middaugh vs. BLFA Properties, LLC, et al. 21 Owili K. Eison, Esq. Gina D. Huettel, Esq. 22 Yen-Yu “Renee” Liu Esq. WILLIAMS, PINELLI & CULLEN BD&J, PC 1960 The Alameda, Suite 195 23 9701 Wilshire Blvd., 12" Floor San Jose, CA 95126 Beverly Hills, CA 90212 T: 408-288-3868, ext. 109; F: 408-288-3860 24 T: 310-887-1818; F: 310-887-1880 Email: ghuettel@wpclaw.com: Email: oe@bhattorneys.com: amagara(@spclaw.com 25 ryl@bhattorneys.com: Attorneys for Defendant, BRYAN eservetl @bhattorneys.com: CABALLERO TENA - Monterey County 26 rrg@bhattorneys.com Superior Court Case No.: 22CV003598; Attorneys for Plaintiffs, DANIEL ORTEGA Daniel Ortega, et al. V. Austin Alarcon, et al. 27 and YOSELIN GARCIA - Monterey County Superior Court Case No.: 22CV003598; 28 Daniel Ortega, et al. V. Austin Alarcon, et al. PLAINTIFF KEVIN SMITHS’S MEDIATION BRIEF Montano v. City of Salinas, et aly ‘Case No.: 21CV003635 [LEAD] -