Preview
(SM-110
ATTORNEY OR PARTY WlTHOUT ATTORNEY (Name, State 86! number, and address): FOR COURT USE ONL Y
Christopher J. Beeman, Esq. SBN: 121194
E5: E‘
CLAPP MORONEY VUCINICH BEEMAN & SCHELBY
6130 Stoneridge Mall Rd., Suite 275
F E;E.
Pleasanton, CA 94588
FAX Nd (Optional): 925-734—0888
:iZfiii SEE’ 12 A Ci: EN
.
TELEPHONE NO. 925-734’0990
EMAIL ADDRESS (Oplional):
Defendant, Full Service Car Wash, Inc. dba San JoseTouchless Ca
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
191
STREET ADDRESS: North First Street
19] North First Street
MAlLlNG ADDRESS:
San Jose, 95113
CITY ANDZlP CODE,
Downtown Superior Court
BRANCH NAME
PLAlNTlFF/PETlTlONER:ANGEL IVIENDEZ, et a].
DEFENDANT/RESPONDENT: FULL SERVICES CAR WASH, et la.
CASE NUMBER:
CASE MANAGEMENT STATEMENT
(Check one): EX] UNLIMITED CASE 1:] LlMlTED CASE 179304936
(Amount demanded (Amount demanded is $25,000.
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 26, 2017 Time: 10:00AM Dept; 3 Div; Room:
Address of court (if different from the address above):
1:] Notice of intent to Appear by Telephone,by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one): _.,.
a. [:3 This statement is submitted by party (name):
g?“
.m.
b. [X] This statement is submitted jointly by parties (names): San Jose Touchless Carwash; Ysael Gonzalez
Complaint and cross-com plaint (to be answered by plaintiffs and crossocomp/ainants only)
3. The complaint was filed on (date):
b. [:3 The cross—complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [Ki have appeared, or have been dismissed.
All parties named in the complaint and cross-complaint have been served,
b. 1:} The following parties named
inthe complaintorcross-complaint
(1) [:1 have not been served (specify names and exp/air) why not):
(2) 1:] have been served but have not appeared and have not been dismissed (specify names):
(3) C} have had a default entered against them (specify names):
c. [:3 The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which
they may be served):
4. Description of case
a. Type Of 0336 in CZ] complaint [:3 cross-complaint (Describe, including causes of action):
Premises/Negiigence
Page1on
Cal. Rules of Court,
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT S TATEMENT rules 3.720—3 730
CMJlO [Rev July 1, 2011} www, courts. ca. gov
Westlaw Doc 3 Form Blinder-
.
Q Q
CM-110
CASE NUMBER:
PLAINTIFF/PETlTlONER: ANGEL MENDEZ, et a],
__ 17CV304936
DEFENDANT/RESPONDENT: FULL SERVICES CAR WASH, ct la.
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
estimated future medical expenses, lost
damages claimed, including medical expenses to data [indicate source and amount],
if equitable relief is sought, describe the nature of the relief.)
earnings to date, and estimated future lost earnings.
Plaintiff was struck by a vehicle while waiting in a common area at the car wash operated by San Jose Touchless Carwash.
Plaintitf suifered serious injuries.
[:1 (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{Xi a jury trialCi a nonjury trial. (limore than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. :1 The trial has been set for (date):
b. Ell 12 months ofthe date of the filing of the complaint (if
No trial date has been set. This case will be ready for trial within
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Defendant's counsel will appear with current trial calendar
7, Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [X] days (specify number): 7
b. [:1 hours (short causes) (specify):
8‘ Trial representation(to be answered for each party)
DZ]
The party or parties will be represented at trial 1:3
by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
or Address:
d. Telephone number: f. Fax number:
a E-mail address: 9. Party represented:
[:1 Additionalrepresentation is described in Attachment 8.
9 Preference
[:3 This case is entitled to preference (specily 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 321 for information about the processes available through the
court and community programs in this case.
(1) Counsel
For parties represented by counsel: {Xi has i: has not provided the ADR information package identified
b,
(2) i:
in rule 3.221 to the client and reviewed ADR options with the client.
For self-represented parties: Party has i: has not reviewed the ADR information package identified in rule 3.221
Referral tojudicial arbitration or civil action mediation (if available).
(1)[:1 This matter is sutgect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 orto civil action
mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2)1:: 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)[:3 of the California Rules of Courtorfrom civil action
This case is exempt from judicial arbitration under rule 3,811
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM~110IReV~MW°111 CASE MANAGEMENT STATEMENT Perms
CM-HO
PLAlNTlFF/PETiTiONER: ANGEL WENDEZ, et at. CASE NUMBER
DEFENDANT/RESPONDENT: FULL SERVICES CAR WASH, et la. 170304936
10. ctindicate 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 completingif 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 EX] DUDE
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement
conference
[Z] DUDE
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3) Neutral evaluation [:3 DUDE
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbindingjudicial
arbitration
[:3 DUDE}
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private
arbitration
:3 DUDE
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): E] DEED
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
cwmo [Ra],
July 1‘ 2011}
Page 3 of 5
CASE MANAGEMENT STATEMENT
O Q
CM-110
- PLAlNTIFF/PETiTlONERzANGEL MENDEZ, et 21!.
CASE NUMBER:
17CV304936
DEFENDANT/RESPONDENTFULL SERVICES CAR WASH, et la.
11,Insurance
at [X] insurance carrier, it any. for party filing this statement (name):0regon Mutual
bl Reservation of rights::1 Yes [X] No
c. [:3 Coverage issues will significantly affect resolution of this case (explain):
12.Jurisdiction
Status:
Bankruptcy i:
indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status
[:1 Other (specify):
13.Related cases, consolidation, and coordination
a. 1:] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
E} Additional cases are described in Attachment 13a
b. :3 A motion to consolidate [:3 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
E The party or parties expect to file the foilowing motions before trial (speciiy moving party, type of motion, andissues).
Motions in Liminc
16,Discovery
a [:3 The party or parties have completed all discovery.
b, [X] The following discovery will be completed by the date specified (describe all anticipated discovery):
Pany Description p_ait_e
Defendant Dcspositions 6/201 8
Defendant Written Discovery 6/2018
Defendant Expert Discovery per code
c, [X] The following discovery issues, inciuding issues regarding the discovery of electronically stored information, are
anticipated (specify): As are located in Mexico
CM-110[Rsv..luiy1,2011]
CASE MANAGEMENT STATEMENT 40!!)
Page
~
0 O
CM—‘HO
ANGEL MENDEZ, et
PLAlNTlFF/PETlTlON ER: at. CASE NUMBER:
—
17CV304936
DEFENDANT/RESPONDENT: FULL SERVICES CAR WASH, et la.
17.
a. I:
Economic litigation
This is a limited civil case (to, 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, {:3 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
E 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.[X] 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 (ifany):
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: September 11, 2017
Christopher J. Bccman Esq.
(TYPE OR PRINT NAME)
’ (SlGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
l:] Additional signatures are attached.
Chi-“W My 2°“!
1.
CASE MANAGEMENT STATEMENT Pam”
O .
O
Mendez, Angel & Molina, Carmen v Full Service Carwas 1:
. .
PROOF OF SERVICE BY MAlL
l, the undersigned, hereby declare that I am over the age of ei
the within action. My business address is 6130 Stoneridge Malli‘
California 94588.
On the date indicated below, I served by mail a true copy of the following documents:
CASE MANAGEMENT STATEMENT
I am readily familiar with the practice of this business for collection and processing of
documents for mailing with the United States Postal Service. Documents so collected and processed
are placed for collection and deposit with the United States Postal Service that same day in the
ordinary course of business. The above—referenced document(s) were placed in (a) sealed
10 envelope(s) with postage thereon fully prepaid, addressed to each ofthe below listed parties and such
envelope(s) was (were) placed for collection and deposit with the United States Postal Service on
11 the date listed below at 6130 Stoneridge Mall Road, Suite 275, Pleasanton, California 94588.
12 Attorney for Plaintiff Attorney for Ezequiel Arauio-Catalan
William S. Ginsburg, Esq. James P. Moinelli, Jr., Esq.
13 Katherine E. Freyre, Esq. Gilsleider, McMahon, Monlinelli & Phan
BERG INJURY LAWYERS 2300 Clayton Road, Suite 430
14 2440 Santa Clara Avenue Concord, CA 94520
Alameda, CA 94501 Tel: 925-3123
15 Tel2510-523-3200 Fax: 925-798-5355
Faxr510—523—8851
16
Executed on September 1 1, 2017 at Pleasanton, California. I declare under penalty of perjury
under the laws of the State of California that the foregoing is true and correct. %
19
20
Tonyia Morales
21
22
23
24
25
26
27
28
F:\Data\DOCS\9538\04742\proof.mail.wpd
Preview
(SM-110 ATTORNEY OR PARTY WlTHOUT ATTORNEY (Name, State 86! number, and address): FOR COURT USE ONL Y Christopher J. Beeman, Esq. SBN: 121194 E5: E‘ CLAPP MORONEY VUCINICH BEEMAN & SCHELBY 6130 Stoneridge Mall Rd., Suite 275 F E;E. Pleasanton, CA 94588 FAX Nd (Optional): 925-734—0888 :iZfiii SEE’ 12 A Ci: EN . TELEPHONE NO. 925-734’0990 EMAIL ADDRESS (Oplional): Defendant, Full Service Car Wash, Inc. dba San JoseTouchless Ca ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 191 STREET ADDRESS: North First Street 19] North First Street MAlLlNG ADDRESS: San Jose, 95113 CITY ANDZlP CODE, Downtown Superior Court BRANCH NAME PLAlNTlFF/PETlTlONER:ANGEL IVIENDEZ, et a]. DEFENDANT/RESPONDENT: FULL SERVICES CAR WASH, et la. CASE NUMBER: CASE MANAGEMENT STATEMENT (Check one): EX] UNLIMITED CASE 1:] LlMlTED CASE 179304936 (Amount demanded (Amount demanded is $25,000. exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 26, 2017 Time: 10:00AM Dept; 3 Div; Room: Address of court (if different from the address above): 1:] Notice of intent to Appear by Telephone,by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): _.,. a. [:3 This statement is submitted by party (name): g?“ .m. b. [X] This statement is submitted jointly by parties (names): San Jose Touchless Carwash; Ysael Gonzalez Complaint and cross-com plaint (to be answered by plaintiffs and crossocomp/ainants only) 3. The complaint was filed on (date): b. [:3 The cross—complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [Ki have appeared, or have been dismissed. All parties named in the complaint and cross-complaint have been served, b. 1:} The following parties named inthe complaintorcross-complaint (1) [:1 have not been served (specify names and exp/air) why not): (2) 1:] have been served but have not appeared and have not been dismissed (specify names): (3) C} have had a default entered against them (specify names): c. [:3 The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of case a. Type Of 0336 in CZ] complaint [:3 cross-complaint (Describe, including causes of action): Premises/Negiigence Page1on Cal. Rules of Court, Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT S TATEMENT rules 3.720—3 730 CMJlO [Rev July 1, 2011} www, courts. ca. gov Westlaw Doc 3 Form Blinder- . Q Q CM-110 CASE NUMBER: PLAINTIFF/PETlTlONER: ANGEL MENDEZ, et a], __ 17CV304936 DEFENDANT/RESPONDENT: FULL SERVICES CAR WASH, ct la. 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and estimated future medical expenses, lost damages claimed, including medical expenses to data [indicate source and amount], if equitable relief is sought, describe the nature of the relief.) earnings to date, and estimated future lost earnings. Plaintiff was struck by a vehicle while waiting in a common area at the car wash operated by San Jose Touchless Carwash. Plaintitf suifered serious injuries. [:1 (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{Xi a jury trialCi a nonjury trial. (limore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. :1 The trial has been set for (date): b. Ell 12 months ofthe date of the filing of the complaint (if No trial date has been set. This case will be ready for trial within not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Defendant's counsel will appear with current trial calendar 7, Estimated length of trial The party or parties estimate that the trial will take (check one): a. [X] days (specify number): 7 b. [:1 hours (short causes) (specify): 8‘ Trial representation(to be answered for each party) DZ] The party or parties will be represented at trial 1:3 by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: or Address: d. Telephone number: f. Fax number: a E-mail address: 9. Party represented: [:1 Additionalrepresentation is described in Attachment 8. 9 Preference [:3 This case is entitled to preference (specily 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 321 for information about the processes available through the court and community programs in this case. (1) Counsel For parties represented by counsel: {Xi has i: has not provided the ADR information package identified b, (2) i: in rule 3.221 to the client and reviewed ADR options with the client. For self-represented parties: Party has i: has not reviewed the ADR information package identified in rule 3.221 Referral tojudicial arbitration or civil action mediation (if available). (1)[:1 This matter is sutgect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 orto civil action mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2)1:: 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)[:3 of the California Rules of Courtorfrom civil action This case is exempt from judicial arbitration under rule 3,811 mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM~110IReV~MW°111 CASE MANAGEMENT STATEMENT Perms CM-HO PLAlNTlFF/PETiTiONER: ANGEL WENDEZ, et at. CASE NUMBER DEFENDANT/RESPONDENT: FULL SERVICES CAR WASH, et la. 170304936 10. ctindicate 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 completingif 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 EX] DUDE Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement conference [Z] DUDE Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3) Neutral evaluation [:3 DUDE Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbindingjudicial arbitration [:3 DUDE} Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private arbitration :3 DUDE Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): E] DEED ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): cwmo [Ra], July 1‘ 2011} Page 3 of 5 CASE MANAGEMENT STATEMENT O Q CM-110 - PLAlNTIFF/PETiTlONERzANGEL MENDEZ, et 21!. CASE NUMBER: 17CV304936 DEFENDANT/RESPONDENTFULL SERVICES CAR WASH, et la. 11,Insurance at [X] insurance carrier, it any. for party filing this statement (name):0regon Mutual bl Reservation of rights::1 Yes [X] No c. [:3 Coverage issues will significantly affect resolution of this case (explain): 12.Jurisdiction Status: Bankruptcy i: indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status [:1 Other (specify): 13.Related cases, consolidation, and coordination a. 1:] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: E} Additional cases are described in Attachment 13a b. :3 A motion to consolidate [:3 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 E The party or parties expect to file the foilowing motions before trial (speciiy moving party, type of motion, andissues). Motions in Liminc 16,Discovery a [:3 The party or parties have completed all discovery. b, [X] The following discovery will be completed by the date specified (describe all anticipated discovery): Pany Description p_ait_e Defendant Dcspositions 6/201 8 Defendant Written Discovery 6/2018 Defendant Expert Discovery per code c, [X] The following discovery issues, inciuding issues regarding the discovery of electronically stored information, are anticipated (specify): As are located in Mexico CM-110[Rsv..luiy1,2011] CASE MANAGEMENT STATEMENT 40!!) Page ~ 0 O CM—‘HO ANGEL MENDEZ, et PLAlNTlFF/PETlTlON ER: at. CASE NUMBER: — 17CV304936 DEFENDANT/RESPONDENT: FULL SERVICES CAR WASH, et la. 17. a. I: Economic litigation This is a limited civil case (to, 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, {:3 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 E 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.[X] 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 (ifany): 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: September 11, 2017 Christopher J. Bccman Esq. (TYPE OR PRINT NAME) ’ (SlGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) l:] Additional signatures are attached. Chi-“W My 2°“! 1. CASE MANAGEMENT STATEMENT Pam” O . O Mendez, Angel & Molina, Carmen v Full Service Carwas 1: . . PROOF OF SERVICE BY MAlL l, the undersigned, hereby declare that I am over the age of ei the within action. My business address is 6130 Stoneridge Malli‘ California 94588. On the date indicated below, I served by mail a true copy of the following documents: CASE MANAGEMENT STATEMENT I am readily familiar with the practice of this business for collection and processing of documents for mailing with the United States Postal Service. Documents so collected and processed are placed for collection and deposit with the United States Postal Service that same day in the ordinary course of business. The above—referenced document(s) were placed in (a) sealed 10 envelope(s) with postage thereon fully prepaid, addressed to each ofthe below listed parties and such envelope(s) was (were) placed for collection and deposit with the United States Postal Service on 11 the date listed below at 6130 Stoneridge Mall Road, Suite 275, Pleasanton, California 94588. 12 Attorney for Plaintiff Attorney for Ezequiel Arauio-Catalan William S. Ginsburg, Esq. James P. Moinelli, Jr., Esq. 13 Katherine E. Freyre, Esq. Gilsleider, McMahon, Monlinelli & Phan BERG INJURY LAWYERS 2300 Clayton Road, Suite 430 14 2440 Santa Clara Avenue Concord, CA 94520 Alameda, CA 94501 Tel: 925-3123 15 Tel2510-523-3200 Fax: 925-798-5355 Faxr510—523—8851 16 Executed on September 1 1, 2017 at Pleasanton, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. % 19 20 Tonyia Morales 21 22 23 24 25 26 27 28 F:\Data\DOCS\9538\04742\proof.mail.wpd