Preview
TIMOTHY
BEN H.
D. MCMAHON,
STODDARD, ESQ.
ESQ. (SBN
(SBN 306181)
117024) E En, E
CORSIGLIA MCMAHON & ALLARD LLP
96 NORTH THIRD STREET, SUITE 620 MAR ..e
2mg
SAN JOSE, CALIFORNIA 95112
TELEPHONE: (408) 289-1417
FACSIMILE; (408) 289-8127 Clerk f hg Court
Supevvaoun oi Samoan
Attorneys for Plaintiffs, xxxx xxxx, NEHA xxxx, G®
SHALU
O(DmVOUIAmN—K
xxxx, RAKHI xxxx and ANJU xxxx
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
xxxx xxxx, NEHA xxxx, GORI Case No.: 18CV325365
xxxx, SHALU xxxx, RAKHI xxxx
and ANJU xxxx, STIPULATION TO ALLOW
PLAINTIFFS LEAVE TO FILE
Plaintiffs, FIRST AMENDED COMPLAINT
VS. AND ORDER
CITY 0F MILPITAS, LORELAY
Complaint Filed: March 23, 2018
ROBLEs-PARTIDA,PACIFIC GAS &
Trial Date: Not Set
ELECTRIC COMPANY, AND DOES
1 T0 40,
Defendants.
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This Stipulation is entered into by and among the following parties by and
through their respective counsel:
1. Plaintiffs, xxxx xxxx, NEHA xxxx, GORI xxxx, SHALU xxxx, RAKHI
xxxx, ANJU xxxx;
2. Defendant, CITY OF MILPITAS;
3. Defendant, LORELAY ROBLES-PARTIDA;
-1 -
STIPULATION T0 ALLOW PLAIN:1'H=Fs=LEAVE To FILE FIRST
AMENDED COMPLAINT AND ORDER
4. Defendant, HMH ENGINEERS (DOE 1);
Plaintiffs and defendants identified above hereby stipulate to an order
granting plaintiffs leave to file the attached First Amended Complaint. This
stipulation is without prejudice to the defendant’s right to later object to the
substance
OOmVOUI-wa—K
of the proposed amended complaint.
RECITALS
1) This lawsuit arises out of a claim for wrongful death following a June
5, 20.17, vehicle versus pedestrian collision.
2) Plaintiffs first filed suit against defendants, CITY OF MILPITAS,
PACIFIC GAS AND ELECTRIC COMPANY, LORELAY ROBLES-PARTIDA, and
DOES 1-40 on March 23, 2018.
3) On October 1 1,2018, plaintiffs filed an amendment to the complaint,
substituting defendant HMH ENGINEERS for the fictitiously named defendant
DOE 1.
4) Plaintiffs have since received a meet and confer correspondence from
memAWNA-OCOQNOJ,U‘I&CON—¥
counsel for
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HMH ENGINEERS objecting to certain claims and causes 0f action
made against it.
5) In response to the meet and confer exchange, plaintiffs have expressed
a willingness to prepare and submit a First Amended Complaint.
6) Plaintiffs have also recently discovered two additional parties that
they wish to bring into this action; FEHR & PEERS, and GHILOTTI
CONSTRUCTION COMPANY, INC.
-2-
STIPULATION To ALLOW PLAINTIFFS’ LEAVE To FILE FIRST
AMENDED COMPLAINT AND ORDER
7) Plaintiffs’ proposed First Amended Complaint is attached hereto as
‘Exhibit “A.” The First Amended Complaint alleges new causes of action to properly
plead negligence claims against HMH ENGINEERS, FEHR & PEERS, and
GHILOTTI CONSTRUCTION COMPANY, INC.
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8) No factual allegations as to defendants CITY OF MILPITAS or
LORELY-ROBLES PARTIDA have been added, amended, or deleted in plaintiffs’
proposed First Amended Complaint.
9) Since responsive pleadings have been filed by various defendants to
plaintiffs’ earlier complaint, an order extending plaintiffs leave to file their proposed
First Amended Complaint is required.
10) On January 29, 2019, Defendant PACIFIC GAS AND ELECTRIC
COMPANY filed for Chapter 11 Bankruptcy in the United States Bankruptcy Court
for the Northern Distriet of California.
1 1) On February 11, Plaintiffs dismissed Defendant PACIFIC GAS AND
ELECTRIC COMPANY from this action, without prejudice.
NMNMNNNNNJAAAAAAAAA
mVOmwa—‘OOWVGGhWNA
-3-
STIPULATION To ALLow PLAINTIFFS’ LEAVE T0 FILE FIRST
AMENDED COMPLAINT AND ORDER
STIPULATION
The parties to this Stipulation agree, by and through their counsel, that:
1) Plaintiffs be given leave to file the attached proposed First Amended
Complaint;
2) Nothing herein shall serve to prejudice the right of any defendant t0
object to
O(DmVOmAMNA
the proposed First Amended Complaint, or any part thereof, by way of
demurrer, judgment on the pleadings 0r motion t0 strike.
IT IS STIPULATED AND AGREED:
Dated: February 22, 2019 CORSIGLIA McMAHON & ALLARD, LLP
By:
Timothy D. McMahon
Ben H. Stoddard
Attorneys for Plaintiffs
Dated: February _, 2019 HOWARD ROME, MARTIN & RIDLEY
By:
Lisa K.Rauch
Attorneys for Defendant,
CITY OF MILPITAS
Dated: February _, 2019 LAW OFFICES OF MATHENY SEARS LINKERT
& JAIME, LLP
NNNNNNNNN—I—I—x—LAAAAAA
mVOCflAQN—AoomNmm-AOJNA
By:
Douglas A. Sears
Attorneys for Defendant,
LORELAY ROBLES-PARTIDA
Dated: February _, 2019 GORDON & REES SCHULLY MANSUKHANI
By:
Catherine A. Salah
Attorneys for Defendant,
HMl-I ENGINEERS
-4-
STIPULATION T0 ALLOW PLAINTIFFS’ LEAVE To FILE FIRST
AMENDED COMPLAINT AND ORDER
STIPULATION
The parties to this Stipulation agree, by and through their counsel, that:
1) Plaintiffs be giVen leave to file the attached proposed First Amended
Complaint;
2) Nothing herein shall serve to prejudice the right of any defendant to
OQNODUIAWNA
object to the proposed First Amended Complaint, or any part thereof, by way of
demurrer, judgment on the pleadings or motion to strike.
IT IS STIPULATED AND AGREED:
Dated: February 22, 2019 e
CORSIGLIA McMAHjN A5.ARD, LLP
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Timothy D. McMahon
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Ben H. Stoddard
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Attorneys for Plaintiffs
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Dated: Februea'y _, 201 HOWARD ROME, & RIDLEY
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Attorneys for Defendant,
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CITY OF MILPITAS
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Dated: February _, 2019 LAW OFFICES OF MATHENY SEARS LINKERT
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& JAIME, LLP
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By:
NO Douglas A. Sears
Attorneys for Defendant,
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Dated: February _, 2019 GORDON & REES SCHULLY MANSUKHANI
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Catherine A. Salah
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Attorneys for Defendant,
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STIPULATION To ALLOW PLAINTIFFS' LEAVE T0 FILE FIRST
AMENDED COMPLAINT AND ORDER
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STIPULATION
The'parties to this Stipulation agree, by and through their counsel, that:
1) Pla'mtifla be g‘i'vjenleave to file the a‘ttaéhed'propo'sed First Amended
Complaint;
2) Nothingherejn s'h'all
serve to‘prejudice the right of 'any defendant t‘o
object'to‘the'
comxt‘cym‘nw'm
proposed First*Amexided Complaint, or any part thereof, by way of
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demurrer, judgment on tHe pleadingé or motiOn to-strike.
STIPULATED AND AGREED:
a
IT IS
Dated: February 22, 2019 CORSI‘GL I
,LLP
ng'I‘lmothy D.
ff
_
McMahon
Ben H3 Stoddard
Attorneys for-Plaintifis
‘ Dated: February __, 2019 HOWARD ROME, MARTIN & RIDLEY
By:
Lisa K.Rauch
Amineys for Defendant,
CITY OF MILPITAS
Dated: February ___, 019 LAW OFFICES OF MATHENY SEARS LINKERT
& JAIME 'LLP
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m.Nm0pAwN—¥oco.ooxnmcn->mN—no
Dou‘ as A Sears
Attorneys for Defendant,
LORELAY ROBLES-PARTIDA
Dated: February _, 2019 GORDON-.& REES SCHULLY MANSUIfl-IANI
By~z
Catheri'névA. Salah
Attorneys for Defendant,
.HMH ENGINEERS
~4.-
STLPULATION T0 ALLOW PLAINTIFFS"LEAVE TO Fll.E.FlR-ST
AMENDED COMPLAINT AND ORDER
.3
STIPULATION
'The parties to this Stipulation agree, by and through their counsel, that:
;1) Plaintiffs be given leave to file the attached proposed First Amended
Compiaint;
_2) Nothing herein shall serve to prejudice the right of any defendant to
lto
object the proposed First Amended Complaint, or any part thereof, by way of
demurrer, judgment on the pleadings or motion to strike.
IT IS STIPULATED AND AGREED:
Dated; February 22, 2019 CORSIGLIA McMAHjN D, LLP
rtAL
BLKS Timothy D McMahon
Ben H. Stoddard
Attorneys for Plaintiffs
Dated; February __, 2019 HOWARD ROME, MARTIN & RIDLEY
By:
Lisa K.Rauch
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Attorn‘eys for Defendant,
CITY OF MILPITAS
Dated: February __, 2019 LAW OFFICES OF MATHENY SEARS LINERT
& JAIME,
'
v
LLP
By:
Douglas A. Sears
Attorneys for Defendant,
LORELAY ROBLES-PARTIDA
Datedzf February __, 2019 GORDON & REES SCHULLY MANSUKHANI
f'er
Attorneys Defendant,
HMH ENGINEERS
‘
-4-
STIPULATION T0 ALLOW PLAINTIFFS' LEAVE T0 FILE FIRST
AMENDED COMPLAINT AND ORDER
ORDER
W4
Good cause appearing, plaintiffs have leave to file the First
Amended Complaint.
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JUDGE
M4~W
OF THE SUPERIOR COURT
Mary E. Arand
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-5-
STIPULATION To ALLOW PLAINnFFS’ LEAVE To F1LE FIRST
AMENDED COMPLAINT AND ORDER
Preview
TIMOTHY BEN H. D. MCMAHON, STODDARD, ESQ. ESQ. (SBN (SBN 306181) 117024) E En, E CORSIGLIA MCMAHON & ALLARD LLP 96 NORTH THIRD STREET, SUITE 620 MAR ..e 2mg SAN JOSE, CALIFORNIA 95112 TELEPHONE: (408) 289-1417 FACSIMILE; (408) 289-8127 Clerk f hg Court Supevvaoun oi Samoan Attorneys for Plaintiffs, xxxx xxxx, NEHA xxxx, G® SHALU O(DmVOUIAmN—K xxxx, RAKHI xxxx and ANJU xxxx SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA xxxx xxxx, NEHA xxxx, GORI Case No.: 18CV325365 xxxx, SHALU xxxx, RAKHI xxxx and ANJU xxxx, STIPULATION TO ALLOW PLAINTIFFS LEAVE TO FILE Plaintiffs, FIRST AMENDED COMPLAINT VS. AND ORDER CITY 0F MILPITAS, LORELAY Complaint Filed: March 23, 2018 ROBLEs-PARTIDA,PACIFIC GAS & Trial Date: Not Set ELECTRIC COMPANY, AND DOES 1 T0 40, Defendants. mem$uNAOCDmVOUIAOJNA NMNNNNNNM—l—LAAAAAAAA This Stipulation is entered into by and among the following parties by and through their respective counsel: 1. Plaintiffs, xxxx xxxx, NEHA xxxx, GORI xxxx, SHALU xxxx, RAKHI xxxx, ANJU xxxx; 2. Defendant, CITY OF MILPITAS; 3. Defendant, LORELAY ROBLES-PARTIDA; -1 - STIPULATION T0 ALLOW PLAIN:1'H=Fs=LEAVE To FILE FIRST AMENDED COMPLAINT AND ORDER 4. Defendant, HMH ENGINEERS (DOE 1); Plaintiffs and defendants identified above hereby stipulate to an order granting plaintiffs leave to file the attached First Amended Complaint. This stipulation is without prejudice to the defendant’s right to later object to the substance OOmVOUI-wa—K of the proposed amended complaint. RECITALS 1) This lawsuit arises out of a claim for wrongful death following a June 5, 20.17, vehicle versus pedestrian collision. 2) Plaintiffs first filed suit against defendants, CITY OF MILPITAS, PACIFIC GAS AND ELECTRIC COMPANY, LORELAY ROBLES-PARTIDA, and DOES 1-40 on March 23, 2018. 3) On October 1 1,2018, plaintiffs filed an amendment to the complaint, substituting defendant HMH ENGINEERS for the fictitiously named defendant DOE 1. 4) Plaintiffs have since received a meet and confer correspondence from memAWNA-OCOQNOJ,U‘I&CON—¥ counsel for NNNNNNNNN-A-l‘gd—‘AAAA HMH ENGINEERS objecting to certain claims and causes 0f action made against it. 5) In response to the meet and confer exchange, plaintiffs have expressed a willingness to prepare and submit a First Amended Complaint. 6) Plaintiffs have also recently discovered two additional parties that they wish to bring into this action; FEHR & PEERS, and GHILOTTI CONSTRUCTION COMPANY, INC. -2- STIPULATION To ALLOW PLAINTIFFS’ LEAVE To FILE FIRST AMENDED COMPLAINT AND ORDER 7) Plaintiffs’ proposed First Amended Complaint is attached hereto as ‘Exhibit “A.” The First Amended Complaint alleges new causes of action to properly plead negligence claims against HMH ENGINEERS, FEHR & PEERS, and GHILOTTI CONSTRUCTION COMPANY, INC. OCDWVGU'IAQJNA 8) No factual allegations as to defendants CITY OF MILPITAS or LORELY-ROBLES PARTIDA have been added, amended, or deleted in plaintiffs’ proposed First Amended Complaint. 9) Since responsive pleadings have been filed by various defendants to plaintiffs’ earlier complaint, an order extending plaintiffs leave to file their proposed First Amended Complaint is required. 10) On January 29, 2019, Defendant PACIFIC GAS AND ELECTRIC COMPANY filed for Chapter 11 Bankruptcy in the United States Bankruptcy Court for the Northern Distriet of California. 1 1) On February 11, Plaintiffs dismissed Defendant PACIFIC GAS AND ELECTRIC COMPANY from this action, without prejudice. NMNMNNNNNJAAAAAAAAA mVOmwa—‘OOWVGGhWNA -3- STIPULATION To ALLow PLAINTIFFS’ LEAVE T0 FILE FIRST AMENDED COMPLAINT AND ORDER STIPULATION The parties to this Stipulation agree, by and through their counsel, that: 1) Plaintiffs be given leave to file the attached proposed First Amended Complaint; 2) Nothing herein shall serve to prejudice the right of any defendant t0 object to O(DmVOmAMNA the proposed First Amended Complaint, or any part thereof, by way of demurrer, judgment on the pleadings 0r motion t0 strike. IT IS STIPULATED AND AGREED: Dated: February 22, 2019 CORSIGLIA McMAHON & ALLARD, LLP By: Timothy D. McMahon Ben H. Stoddard Attorneys for Plaintiffs Dated: February _, 2019 HOWARD ROME, MARTIN & RIDLEY By: Lisa K.Rauch Attorneys for Defendant, CITY OF MILPITAS Dated: February _, 2019 LAW OFFICES OF MATHENY SEARS LINKERT & JAIME, LLP NNNNNNNNN—I—I—x—LAAAAAA mVOCflAQN—AoomNmm-AOJNA By: Douglas A. Sears Attorneys for Defendant, LORELAY ROBLES-PARTIDA Dated: February _, 2019 GORDON & REES SCHULLY MANSUKHANI By: Catherine A. Salah Attorneys for Defendant, HMl-I ENGINEERS -4- STIPULATION T0 ALLOW PLAINTIFFS’ LEAVE To FILE FIRST AMENDED COMPLAINT AND ORDER STIPULATION The parties to this Stipulation agree, by and through their counsel, that: 1) Plaintiffs be giVen leave to file the attached proposed First Amended Complaint; 2) Nothing herein shall serve to prejudice the right of any defendant to OQNODUIAWNA object to the proposed First Amended Complaint, or any part thereof, by way of demurrer, judgment on the pleadings or motion to strike. IT IS STIPULATED AND AGREED: Dated: February 22, 2019 e CORSIGLIA McMAHjN A5.ARD, LLP r: O _‘ Timothy D. McMahon —'* .4 Ben H. Stoddard _x Attorneys for Plaintiffs ‘N Manxfl ,Zol (A) .3 Dated: Februea'y _, 201 HOWARD ROME, & RIDLEY m A _. By: I B: U1 _. KRauch Attorneys for Defendant, O) .3 CITY OF MILPITAS N _x Dated: February _, 2019 LAW OFFICES OF MATHENY SEARS LINKERT m _‘ & JAIME, LLP —\ (.0 By: NO Douglas A. Sears Attorneys for Defendant, N—l LORELAY ROBLES-PARTIDA NN Dated: February _, 2019 GORDON & REES SCHULLY MANSUKHANI N 0) NA By: Catherine A. Salah N0'1 Attorneys for Defendant, N O) HMH ENGINEERS NV -4. Nm STIPULATION To ALLOW PLAINTIFFS' LEAVE T0 FILE FIRST AMENDED COMPLAINT AND ORDER .L STIPULATION The'parties to this Stipulation agree, by and through their counsel, that: 1) Pla'mtifla be g‘i'vjenleave to file the a‘ttaéhed'propo'sed First Amended Complaint; 2) Nothingherejn s'h'all serve to‘prejudice the right of 'any defendant t‘o object'to‘the' comxt‘cym‘nw'm proposed First*Amexided Complaint, or any part thereof, by way of ' demurrer, judgment on tHe pleadingé or motiOn to-strike. STIPULATED AND AGREED: a IT IS Dated: February 22, 2019 CORSI‘GL I ,LLP ng'I‘lmothy D. ff _ McMahon Ben H3 Stoddard Attorneys for-Plaintifis ‘ Dated: February __, 2019 HOWARD ROME, MARTIN & RIDLEY By: Lisa K.Rauch Amineys for Defendant, CITY OF MILPITAS Dated: February ___, 019 LAW OFFICES OF MATHENY SEARS LINKERT & JAIME 'LLP MMMNMNM.NN—S'—n4995—»,439‘ m.Nm0pAwN—¥oco.ooxnmcn->mN—no Dou‘ as A Sears Attorneys for Defendant, LORELAY ROBLES-PARTIDA Dated: February _, 2019 GORDON-.& REES SCHULLY MANSUIfl-IANI By~z Catheri'névA. Salah Attorneys for Defendant, .HMH ENGINEERS ~4.- STLPULATION T0 ALLOW PLAINTIFFS"LEAVE TO Fll.E.FlR-ST AMENDED COMPLAINT AND ORDER .3 STIPULATION 'The parties to this Stipulation agree, by and through their counsel, that: ;1) Plaintiffs be given leave to file the attached proposed First Amended Compiaint; _2) Nothing herein shall serve to prejudice the right of any defendant to lto object the proposed First Amended Complaint, or any part thereof, by way of demurrer, judgment on the pleadings or motion to strike. IT IS STIPULATED AND AGREED: Dated; February 22, 2019 CORSIGLIA McMAHjN D, LLP rtAL BLKS Timothy D McMahon Ben H. Stoddard Attorneys for Plaintiffs Dated; February __, 2019 HOWARD ROME, MARTIN & RIDLEY By: Lisa K.Rauch mflmcnhwNeomgflflmm$deO©mflmmbmm Attorn‘eys for Defendant, CITY OF MILPITAS Dated: February __, 2019 LAW OFFICES OF MATHENY SEARS LINERT & JAIME, ' v LLP By: Douglas A. Sears Attorneys for Defendant, LORELAY ROBLES-PARTIDA Datedzf February __, 2019 GORDON & REES SCHULLY MANSUKHANI f'er Attorneys Defendant, HMH ENGINEERS ‘ -4- STIPULATION T0 ALLOW PLAINTIFFS' LEAVE T0 FILE FIRST AMENDED COMPLAINT AND ORDER ORDER W4 Good cause appearing, plaintiffs have leave to file the First Amended Complaint. OCOQVGU‘IAOON—A .?/9/wzd JUDGE M4~W OF THE SUPERIOR COURT Mary E. Arand NNNNNNNNNAJAA-XAAAAA ®VO)UI#QN—KOCDWNODUIAOJN—l -5- STIPULATION To ALLOW PLAINnFFS’ LEAVE To F1LE FIRST AMENDED COMPLAINT AND ORDER