On December 09, 2022 a
No Value
was filed
involving a dispute between
Cunanan, Christian,
Cunanan, John Matthew,
Estate Of Rolando Glorioso,
Estate Of Susana Glorioso,
Glorioso-Emerson, Regina,
Pioquinto, Katryne,
Peninsula Corridor Joint Powers Board,
San Francisco Area Rapid Transit District,
San Mateo County Transit District,
and
Bay Area Transit Consultants,
Bechtel-Parsons Brinckerhoff-Todd-Warren,
C&B Consulting Engineers,
City And County Of San Francisco,
City Of Millbrae,
City Of San Bruno,
County Of San Mateo,
Does 1-20,
Finger & Moy Architects,
Hntb Corporation,
Intelli-Tech,
Jiu Korve Associates,
Manna Consultants, Inc.,
Peninsula Corridor Joint Powers Board,
San Francisco Area Rapid Transit District,
San Francisco Bay Area Rapid Transit District,
San Mateo County Transit District,
Scott Co. Of California,
Scott-Norman Mechanical, Inc.,
Slg Brisbane Mechanical Co. Jv,
State Of California,
Thomas K. Dyer, Inc.,
Tutor-Saliba Slattery,
Tutor-Saliba Slattery Jv,
Valley Power Systems North, Inc.,
West Yost Associates,
for (23) Unlimited Other PI/PD/WD
in the District Court of San Mateo County.
Preview
Robert J. Ounjian SBN: 210213
Carpenter & Zuckerman
8827 West Olympic Boulevard
Beverly Hills, CA 90211
310-273-1230 310-858-1063
robert@cz.law
Plaintiffs
San Mateo
400 County Center
400 County Center
Redwood City, 94063
Hall of Justice and Records
REGINA GLORIOSO-EMERSON, et al.
CITY OF MILLBRAE, et al.
x
22-CIV-05181
May 16, 2024 9:00am 35
X Michael Geragos
x Plaintiffs
December 9, 2022
x
x
PLEASE SEE ATTACHMENT
x
Dangerous Condition of Public Property, Negligence, Continuation of Decedent Rolando Glorioso’s
Causes of Action, Continuation of Decedent Susana Glorioso’s Causes of Action.
REGINA GLORIOSO-EMERSON, et al.
22-CIV-05181
CITY OF MILLBRAE, et al.
On December 23, 2021, Decedent Rolando Glorioso was driving a Nissan Frontier pickup truck with his wife,
Decedent Susana Glorioso in the passenger seat. At approximately 5:49 p.m., the couple drove into a below-grade
underpass on Hillcrest Boulevard in Millbrae, California. The underpass was the only route of access to and from
the decedents’ residence. (Continued on Attachment 4(b))
x
x
x
x 10 to 14 days
x
x
REGINA GLORIOSO-EMERSON, et al.
CITY OF MILLBRAE, et al. 22-CIV-05181
X
x
x
x
REGINA GLORIOSO-EMERSON, et al.
22-CIV-05181
CITY OF MILLBRAE, et al.
x
Plaintiff Written Discovery Per Code
Plaintiff Depositions Per Code
Plaintiff Expert Depositions Per Code
REGINA GLORIOSO-EMERSON, et al.
22-CIV-05181
CITY OF MILLBRAE, et al.
x
2
May 6, 2024
Robert J. Ounjian Robert J. Ounjian
ATTACHMENT 3(b)(1)
The DOEs listed below are in the process of being served.
1. Tutor-Saliba Slattery JV
2. Tutor-Saliba Slattery
3. HNTB Corporation
4. Bechtel Parsons Brinckerhoff Todd Warren
5. Manna Consultants, Inc.
6. Finger & Moy Architects
7. Jiu Korve Associates
8. C&B Consulting Engineers
9. SLG Brisbane Mechanical Co. JV
10. Bay Area Transit Consultants
11. Scott-Norman Mechanical, Inc.
12. Scott Co. of California
13. Intelli-Tech
14. Thomas K. Dyer, 2101 Lapper Ave., Santa Rosa, CA 95403
15. West Yost Associates
16. Valley Power Systems North
ATTACHMENT 4(b)
After the decedents entered the underpass, it rapidly filled with water, and rendered the
decedents’ truck non-operational. The operator of the car in front of the decedents’ was able to
extract himself from his car and stand on his roof until he was rescued. These decedents,
however, were unable to extract themselves. Bystanders attempted help the decedents extricate
themselves, but were unsuccessful. Rescuers ultimately deemed the situation too dangerous as
the rising water submerged the truck within minutes.
Rolando Glorioso and Susana Glorioso were later found in the backseat having died of
asphyxiation from drowning. Rolando’s was discovered with his foot protruding through the
rear, driver’s side window, which he appears to have broken in an effort to escape.
Regina Glorioso-Emerson is the sister of Decedent Rolando Glorioso. Christian
Cunanan, Katryne Pioquinto, and John Matthew Cunanan are the children of Decedent Susana
Glorioso. These heirs have sued various public entities with roles in the construction, design,
maintenance, and operation of the underpass and its storm drainage system for Dangerous
Condition of Public Property (Government Code § 835) and negligence of their employees and
agents in the course and scope of their employment.
The decedents’ estates have brought this survival action for their pre-death pain and
suffering per the newly enacted Code of Civil Procedure § 377.34(b) and their economic
damages.
1 PROOF OF SERVICE
2
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3
I am employed in the County of Los Angeles, State of California. I am over the age of
4 18 and not a party to the within action. My business address is 8827 W. Olympic Blvd.,
Beverly Hills, CA 90211.
5
6 On May 6, 2024, I served the foregoing document(s) described as CASE
MANAGEMENT STATEMENT on all interested parties in this action as set forth on the
7 attached service list as follows:
8  BY MAIL: I placed a true copy of the above captioned documents for collection and
processing for mailing, following this business’ usual practices, with which I am readily
9 familiar. On the same day correspondence is placed for collection and mailing, it is
10 deposited in the ordinary course of business with the United States Postal Service.
11  BY OVERNIGHT MAIL: By sealing the envelope and placing it for collection and
overnight delivery in a box regularly maintained by an overnight delivery service with
12 delivery fees paid or provided for in accordance with ordinary business practices.
13
 BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to
14 counsel for defendants.
15  BY ELECTRONIC TRANSFER/VIA FACSIMILE: I caused all of the pages of the
above-entitled document(s) to be sent to the recipients noted above via electronic
16 transfer (FAX) at the respective telephone numbers indicated above.
17
18 X BY EMAIL OR ELECTRONIC TRANSMISSION: Pursuant to California Rules of
Court, Rule 2.251(b), I caused each such document to be converted to .pdf format and
19 sent from e-mail address veronica@cz.law to the person(s) on the electronic notification
address listed in the service list.
20
X STATE: I declare under penalty of perjury under the laws of the State of
21
California that the above is true and correct.
22
Executed on May 6, 2024 at Beverly Hills, California.
23
Veronica Bustos
24
25 Veronica Bustos
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PROOF OF SERVICE
1 SERVICE LIST
Glorioso-Emerson, et al. v. City of Millbrae, et al.
2 Case No.: 22-CIV-05181
3
4 Lemuel L. Garcia
lem@lemgarcialaw.com
5 LEM GARCIA LAW, PC
1720 West Cameron Avenue, Suite 210
6 West Covina, CA 91790
Tele: (626) 337-1111
7
Fax: (626) 337-1112
8 Co-Counsel for Plaintiffs
9 Todd H. Master
RIDLEY MASTER
10 1900 O’Farrell Street, Suite 280
11 6103 San Mateo, CA 94403
Telephone: (650) 365-7715
12 Facsimile: (650) 364-5297
tmaster@hrmrlaw.com
13 fkelly@hrmrlaw.com
Attorneys for Defendant CITY OF MILLBRAE
14
15 Kenneth D. Simoncini
Eric Steinle
16 kds@simoncini-law.com
SIMONCINI & ASSOCIATES
17 1694 The Alameda
San Jose, CA 95126
18
T: 408.280.7711
19 F: 408.280.1330
Attorneys for Defendants, SAN MATEO TRANSIT DISTRICT and PENINSULA CORRIDOR
20 JOINT POWERS BOARD
21 Christopher J. Nevis
William F. Horsey
22
LEWIS BRISBOIS BISGAARD & SMITH LLP
23 45 Fremont Street, Suite 3000
San Francisco, California 94105
24 Tel: 415.362.2580
Fax: 415.434.0882
25 Christopher.Nevis@lewisbrisbois.com
William.Horsey@lewisbrisbois.com
26
sandra.mack@lewisbrisbois.com
27 Attorneys for Defendant, SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
28
PROOF OF SERVICE
1 SERVICE LIST
Glorioso-Emerson, et al. v. City of Millbrae, et al.
2 Case No.: 22-CIV-05181
3
Kevin J. Holl
4 GORDON-CREED, KELLEY, HOLL, ANGEL & SUGERMAN, LLP
50 California Street, 34th Floor
5 San Francisco, CA 94111
T: 415-421-3100
6 F: 415-415-3150
holl@gkhs.com
7
Linda@gkhs.com
8 Attorneys for Defendants, CITY AND COUNTY OF SAN FRANCISCO
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PROOF OF SERVICE
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Robert J. Ounjian SBN: 210213 Carpenter & Zuckerman 8827 West Olympic Boulevard Beverly Hills, CA 90211 310-273-1230 310-858-1063 robert@cz.law Plaintiffs San Mateo 400 County Center 400 County Center Redwood City, 94063 Hall of Justice and Records REGINA GLORIOSO-EMERSON, et al. CITY OF MILLBRAE, et al. x 22-CIV-05181 May 16, 2024 9:00am 35 X Michael Geragos x Plaintiffs December 9, 2022 x x PLEASE SEE ATTACHMENT x Dangerous Condition of Public Property, Negligence, Continuation of Decedent Rolando Glorioso’s Causes of Action, Continuation of Decedent Susana Glorioso’s Causes of Action. REGINA GLORIOSO-EMERSON, et al. 22-CIV-05181 CITY OF MILLBRAE, et al. On December 23, 2021, Decedent Rolando Glorioso was driving a Nissan Frontier pickup truck with his wife, Decedent Susana Glorioso in the passenger seat. At approximately 5:49 p.m., the couple drove into a below-grade underpass on Hillcrest Boulevard in Millbrae, California. The underpass was the only route of access to and from the decedents’ residence. (Continued on Attachment 4(b)) x x x x 10 to 14 days x x REGINA GLORIOSO-EMERSON, et al. CITY OF MILLBRAE, et al. 22-CIV-05181 X x x x REGINA GLORIOSO-EMERSON, et al. 22-CIV-05181 CITY OF MILLBRAE, et al. x Plaintiff Written Discovery Per Code Plaintiff Depositions Per Code Plaintiff Expert Depositions Per Code REGINA GLORIOSO-EMERSON, et al. 22-CIV-05181 CITY OF MILLBRAE, et al. x 2 May 6, 2024 Robert J. Ounjian Robert J. Ounjian ATTACHMENT 3(b)(1) The DOEs listed below are in the process of being served. 1. Tutor-Saliba Slattery JV 2. Tutor-Saliba Slattery 3. HNTB Corporation 4. Bechtel Parsons Brinckerhoff Todd Warren 5. Manna Consultants, Inc. 6. Finger & Moy Architects 7. Jiu Korve Associates 8. C&B Consulting Engineers 9. SLG Brisbane Mechanical Co. JV 10. Bay Area Transit Consultants 11. Scott-Norman Mechanical, Inc. 12. Scott Co. of California 13. Intelli-Tech 14. Thomas K. Dyer, 2101 Lapper Ave., Santa Rosa, CA 95403 15. West Yost Associates 16. Valley Power Systems North ATTACHMENT 4(b) After the decedents entered the underpass, it rapidly filled with water, and rendered the decedents’ truck non-operational. The operator of the car in front of the decedents’ was able to extract himself from his car and stand on his roof until he was rescued. These decedents, however, were unable to extract themselves. Bystanders attempted help the decedents extricate themselves, but were unsuccessful. Rescuers ultimately deemed the situation too dangerous as the rising water submerged the truck within minutes. Rolando Glorioso and Susana Glorioso were later found in the backseat having died of asphyxiation from drowning. Rolando’s was discovered with his foot protruding through the rear, driver’s side window, which he appears to have broken in an effort to escape. Regina Glorioso-Emerson is the sister of Decedent Rolando Glorioso. Christian Cunanan, Katryne Pioquinto, and John Matthew Cunanan are the children of Decedent Susana Glorioso. These heirs have sued various public entities with roles in the construction, design, maintenance, and operation of the underpass and its storm drainage system for Dangerous Condition of Public Property (Government Code § 835) and negligence of their employees and agents in the course and scope of their employment. The decedents’ estates have brought this survival action for their pre-death pain and suffering per the newly enacted Code of Civil Procedure § 377.34(b) and their economic damages. 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age of 4 18 and not a party to the within action. My business address is 8827 W. Olympic Blvd., Beverly Hills, CA 90211. 5 6 On May 6, 2024, I served the foregoing document(s) described as CASE MANAGEMENT STATEMENT on all interested parties in this action as set forth on the 7 attached service list as follows: 8  BY MAIL: I placed a true copy of the above captioned documents for collection and processing for mailing, following this business’ usual practices, with which I am readily 9 familiar. On the same day correspondence is placed for collection and mailing, it is 10 deposited in the ordinary course of business with the United States Postal Service. 11  BY OVERNIGHT MAIL: By sealing the envelope and placing it for collection and overnight delivery in a box regularly maintained by an overnight delivery service with 12 delivery fees paid or provided for in accordance with ordinary business practices. 13  BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to 14 counsel for defendants. 15  BY ELECTRONIC TRANSFER/VIA FACSIMILE: I caused all of the pages of the above-entitled document(s) to be sent to the recipients noted above via electronic 16 transfer (FAX) at the respective telephone numbers indicated above. 17 18 X BY EMAIL OR ELECTRONIC TRANSMISSION: Pursuant to California Rules of Court, Rule 2.251(b), I caused each such document to be converted to .pdf format and 19 sent from e-mail address veronica@cz.law to the person(s) on the electronic notification address listed in the service list. 20 X STATE: I declare under penalty of perjury under the laws of the State of 21 California that the above is true and correct. 22 Executed on May 6, 2024 at Beverly Hills, California. 23 Veronica Bustos 24 25 Veronica Bustos 26 27 28 PROOF OF SERVICE 1 SERVICE LIST Glorioso-Emerson, et al. v. City of Millbrae, et al. 2 Case No.: 22-CIV-05181 3 4 Lemuel L. Garcia lem@lemgarcialaw.com 5 LEM GARCIA LAW, PC 1720 West Cameron Avenue, Suite 210 6 West Covina, CA 91790 Tele: (626) 337-1111 7 Fax: (626) 337-1112 8 Co-Counsel for Plaintiffs 9 Todd H. Master RIDLEY MASTER 10 1900 O’Farrell Street, Suite 280 11 6103 San Mateo, CA 94403 Telephone: (650) 365-7715 12 Facsimile: (650) 364-5297 tmaster@hrmrlaw.com 13 fkelly@hrmrlaw.com Attorneys for Defendant CITY OF MILLBRAE 14 15 Kenneth D. Simoncini Eric Steinle 16 kds@simoncini-law.com SIMONCINI & ASSOCIATES 17 1694 The Alameda San Jose, CA 95126 18 T: 408.280.7711 19 F: 408.280.1330 Attorneys for Defendants, SAN MATEO TRANSIT DISTRICT and PENINSULA CORRIDOR 20 JOINT POWERS BOARD 21 Christopher J. Nevis William F. Horsey 22 LEWIS BRISBOIS BISGAARD & SMITH LLP 23 45 Fremont Street, Suite 3000 San Francisco, California 94105 24 Tel: 415.362.2580 Fax: 415.434.0882 25 Christopher.Nevis@lewisbrisbois.com William.Horsey@lewisbrisbois.com 26 sandra.mack@lewisbrisbois.com 27 Attorneys for Defendant, SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 28 PROOF OF SERVICE 1 SERVICE LIST Glorioso-Emerson, et al. v. City of Millbrae, et al. 2 Case No.: 22-CIV-05181 3 Kevin J. Holl 4 GORDON-CREED, KELLEY, HOLL, ANGEL & SUGERMAN, LLP 50 California Street, 34th Floor 5 San Francisco, CA 94111 T: 415-421-3100 6 F: 415-415-3150 holl@gkhs.com 7 Linda@gkhs.com 8 Attorneys for Defendants, CITY AND COUNTY OF SAN FRANCISCO 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE