Preview
DAVID R. SIDRAN (SBN 121063)
THOMAS M. CROWELL (SBN 172799)
TOSCHI, SIDRAN, COLLINS & DOYLE
5145 Johnson Drive E E, E E)
FMATFO
AWN
Pleasanton, CA 94588 COUNTY
Tel: (510) 835-3400
SAN
Fax: (510) 835—7800 .
AUG - 5 2016
Attorneys for Defendant,
LES STANFORD CHEVROLET CADILLAC
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By W...
Clerk 6%? WW”
per-{MEAN
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
UNLIMITED JURISDICTION
ANDY SABERI, an individual, Case No.: CIV536294
1o
Plaintiff,
11 SUPPLEMENTAL DECLARATION OF
V. THOMAS M. CROWELL IN SUPPORT
12 OF DEFENDANT LES STANFORD
LES STANFORD CHEVROLET CHEVROLET CADILLAC’S EX PARTE
13 CADILLAC, INC., a Michigan corporation, APPLICATION OR MOTION TO SET
BJ INTERSTATE AUTO TRANSPORTERS, ASIDE DEFAULT
14 INC. a Nevada corporation, BOGDAN
DEDYK, doing business as SAFE AUTO Date: August 12, 2016
15 TRANSPORT, an individual, and DOES 1 Time: 2:00 pm.
through 25, inclusive, \vvvvvvvvvvvvvvvvvvvvvvv
Dept: 10 8d
16
Defendants.
17 Complaint Filed: November 18, 2015
Trial Date: None
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/ CIV536294
20 1' SUP
I
Supplemental
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23 I, Thomas M. Crowell, declare as follows:
24 1) I am an Attorney At Law licensed to practice before all the courts of the State of California.
25 I am Senior Counsel at the Law Offices of Toschi, Sidran, Collins & Doyle, Counsel of
26 Record for Defendant LES STANFORD CHEVROLET CADILLAC herein. I have been
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27 the attorney responsible for this case since it was received 1n this office, and the following
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SUPPLEMENTAL DECLARATION OF THOMAS M. CROWELL IN SUPPORT OF
Case No.: CIV536294
DEFENDANT LES STANFORD CHEVROLET CADILLAC’S EX PARTE APPLICATION OR MOTION TO SET
ASIDE DEFAULT
facts are personally known to me through my work on the file and review of the papers and
the dockets in the case, both at the State and Federal level.
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2) Attached hereto as Exhibit
“A” is a true and correct copy of Plaintiff’s Complaint.
3) Attached hereto as Exhibit
“B” is a true and correct copy of Defendant LES STANFORD’s
Notice of Removal filed with the United States District Court.
4) Attached hereto as Exhibit
“C” is a true and correct copy of Defendant’s Notice to Court
and Adverse party of Removal to Federal Court.
OKOOOVOUI
5) Attached hereto as Exhibit
“D” is a true and correct copy of Defendant’s Motion to
Dismiss, filed in the District Court, Plaintiff’s Opposition, and Defendant’s Reply.
6) Attached hereto as Exhibit
“E” is a true and correct copy of Plaintiff‘s Motion to Remand,
11 the motion, opposition, and reply.
12 7) Attached hereto as Exhibit
“F” is a true and correct copy of the District Court’s Order
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13 Granting Plaintiff’s Motion to Remand
14 8) Attached hereto as Exhibit
“G” is a true and correct copy of Plaintiff‘s Motion for Default.
15 Note that on page 2, line 6, he asks the Court to strike the Motion to Dismiss. Please refer
16 to my original declaration, Exhibit “F”, which is the District Court’s summary denial of
17 this motion. No further order was provided, and the motion was denied before I filed an
18 opposition.
19 9) Defendant failed to timely file the motion to default solely because I misread the Federal
20 Rules of Civil Procedure and I thought that I had 10 days after the removal to respond. The
21 error was strictly mine. Because no default had been entered, it was truly a no-harm no
22 foul situation, and I was shocked because I have never, in around 25 years of practice, had
23 an attorney attempt to strike a general appearance pleading and have default entered.
24 Regardless, under C.C.P §473(b) I declare that the fault tardy motion in Federal Court is
25 mine. While this Court was wrong to enter the default, as Defendant is not in default, if it
26 is because of the “in default” condition which existed at the Federal Court, then the fault is
27 mine.
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SUPPLEMENTAL DECLARATION OF THOMAS M. CROWELL IN SUPPORT OF
Case No.: CIV536294
DEFENDANT LES STANFORD CHEVROLET CADILLAC’S EX PARTE APPLICATION OR MOTION TO SET
ASIDE DEFAULT
10) Plaintiff’s counsel did not contact me prior to have the default entered in this matter. We
had several telephone calls and exchanged emails prior to that point. Plaintiff’s counsel
has informed me several times that his client will not allow him to set aside the default.
LIIAUJN
The foregoing is true and correct under penalty of perjury under the laws of the State of California.
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DATED: August 5, 2016 TOSCHI- SIDRAN- OLLINS- DOYLE
10
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DAVID R. SI‘DWXN
THOMAS M. CROWELL
Attorneys for Defendant
11 LES STANFORD CHEVROLET CADILLAC
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SUPPLEMENTAL DECLARATION OF THOMAS M. CROWELL IN SUPPORT OF
Case No.: CIV536294
DEFENDANT LES STANFORD CHEVROLET CADILLAC’S EX PARTE APPLICATION OR MOTION TO SET
ASIDE DEFAULT
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JAMES M. DOMBROSKI (SEN
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LAW OFFICE OF JAMES M. DOMBROSKI
Post Office Box 751027
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Tel. (707) 762-7807 : ENDQRSED FHLEQ
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LAW OFFICE OF WILLIAM H.PAYNTER Mm
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1045 Airport Blvd, Suite 12 3
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80. San Francisco, CA 94080
Telephone: (650) 5 88-2428
Facsimile: (650) 873-7046
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Attomeys for PlaintiffANDY SAPéBRI. '
SUPERIOR CdURT OF THE
31mg OF CALIFORNIA
INAND FOR THE COUNTQY OF SAN
MATEO
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UNLMTED mrézDICTION
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ANDY SABERLmindividfiial,‘ . C I. V5 ‘ ':
; CASE NO. - 3 6 1.
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Plaintiff; .
COMPLAJM FORDAMAGES
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, LES summon» CHEVROLET CADILLAC.
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AUTO TRANSPORTERs.mc.,ag-zsrevada . .,
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corporafibn, BQGDAN'DEDYIQ (icing: '
‘bustiness as'SAFE AUTO
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BY FAX.
TRANSEORT, an
individual, and DOES 1 through 25; inclusivc;
DefendantsQ 3
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Plainfifi‘, Andy Saben'. Olleécsasfollqvvs:
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1. ‘Plainflfl’Andy Sabezfi (hersinafier
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County; California. '
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Defendant LesIStauford Chevrolet
Cafiillao, Inc. (hereinafter “Les
Stanford?) at all -..-n~u~—
times herein mentioned, is IoOated O: 2}
730 MIchigaOAvenue, Dearbbm,
Mbhigm 48124. Upon
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information and belief, Les Stanford is a corporation duly organized and existing under the laws
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ofthe State of Michigan
3. Defendant BJ Interstate Auto TransPortors, Inc. (hereinafter. “BJ Interstate”), at all
times herein mentioned,’is located at 6625 W. SaharaiAvenue, Suite 1, Las. Vegas, Nevada 89146.
Upon information and belief, E] Interstate is aoorporn‘tlon duly organized and existing under the
ONQQMAWN
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laws of the State of Nevada.
4. Defendant Bogdan Dedyk, doing business as Safe Auto Transport (hereinafter
“Safe Auto”), at all times herein mentioned, upon infonnetion and belief, is an individual whose
address rs 175 6 Heather Garden Lane, Roseville, California 95661.
5. The true names and capacities of DOES I through 25, inclusive, are unknown to
Plaintifi‘. Plaintiff W111 amend this Complaint to set forth the true names and capacities of the
DOE Defendants (as soon as the satire have been ascertained)
6. At all relevant times each of the Defendants have been the agent,e1nployee. or
oo—oonspirataor with the remaining Defendants, and each was acting within the course and scope
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of such agency, employment or oonSpir‘acy.
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FACTUAL ALLEGATIONS .
7. On or about September 17, 2015, Saberi pumhased a new 2016 Chevrolet cow’s-
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CorVette Z06 convertible (hereinufter “Corvette") from Lee Stanford for the sum of $128 391.93.. ...
Upon information and belief, Defendant. Les Stanford is the representotive of the menufaemrer of 1~
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the Corvette purchased by Saberl, which, at all times; relevant. who covered by the mmmfaotnrer' a
warranties (express and implied) subject to the provisions of the California Lemon Law
(California Civil Cede § 1790, et seq).
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8; Seberi 1s informed and believes thathes some named with Defendant 13:1.
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9. Saberi is informed and believes that Defendant BI Interstate subcontracted with
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Safe Auto Transport for the purpose of transporting the Corvette for delivery to Saberi in San
Francisco. California.
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1.A_',_?! avs before the date set for the Case Management Conference.
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2. lfyou fail follow the orders above, you are ordered to show muse why you should not be sanctioned. The Order
to Show C use hearing will be at the same time as the Case Management Conferente hearing. Sanctions may_
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include monetary, evidentiaixor issue sanctions as well as striking pleadings and/oz dismissal,
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3. Continuances of Case Management Conferences are highly disfavored unless good muse ls shown.
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4. Parties may proceéd to an appropriate dlsp'ulse resolution process ("ADR") by filing a Stipulation to ADR and Proposed ' e
.. j ~0rder {see attached form). ifplalntlffflles a Stipdlatlon to Ann and Propel-zed Order electingto proceed to judicial
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arbitration, the Case Management Conference will be taken off the court calendar and the case will be referr ed to the
Arbitration Administrator. if plaintiffs and Hefendanb file a completed stipulation to another ADE process (243.,
mediation) iii—days prior to the first scheduled gase Ménagernent Conference, the Case Management Conference will .
continued for Bil-clays to allow parties time to complete their ADR session. The court will notlfy parties of their new ca
Management Conference date.
5_: ifyou have filed a default lorajudgment has been entered, yotlr case Is not a'utomatlcally taken off Case Management
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Conference Calendar. lfi’uoes’i, ”Rees/i ete— are named in yodrcomplalntfl'rév rh’LI'st‘ he’dlsTtilss'ed in order to Eiosé thi
. case. if any party is In bankruptcy, the casells stayed only as to? tha't named party.
6. You are further ordered to appear in person“ (or through youn attorney of record} at the Case Managem ent Conferent:
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7. The Case Management Judge wlll issue orders atthe conclusion ofthe conference that may include:
Referring parties to voluntary ADR and setting an ADR completion date;
a)
1:) Dismlsslng or severing claims or pailtles;
C) Settl ng a trial date.-
8. The Case Managem entludge maybe thetrlal judge in this case
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Forfurther information. regardlng’..case management halides and procedures, see the court-’5 website ates.-mgu_anmateocoum ozg‘:
“Merchant appearances at me managemenrwnferencer are available bycuIItactlng Couritall, m: an Independent vendo... n: leastjiue businexs day: pm
to ”is scheduled conference {see attached Cour-tar" lnfonnpb‘ou), . s
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Civil Appropriate Dispute Resolution (ADR) information Sheet
Superior Court of California, San Mateo County
Appropriate Dispute Resolution (ADR) Is a way of solving Iegal problems without going to trial. All
types of disputes can be resolved through ADR. The Cburt encourages you to use some form ofADR
before you proceed to trial The most popular form of ADR is mediation "lire Mum-Option ADR Project
can help you choose the option that is best for your case and refer you to an experiencedADR
provider .
What are me Advantagies of Using ADR? “0......-
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an Faster— Traditional litigation can take years to complete but ADR usually takes w
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Weeks or months
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on Cheaper— Partlescan save. on attorneys’ fees and litigation costs.
on More control d. flexibility- Parties choose the ADR process most appropriate for their case. runs.
an Cooperative 8. less stressful — in mediation. parties cooperate to find a mutually
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agreaabie Solution to their dispute. .
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What are the Disgdvantdnes of Usinq ADR?
You may go to Court anyway— if you can't resolve your case using ADR you may still
5?.’n‘.l-.AM..G~1‘V.1T‘L~4
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have to spend time and money on your lawsuit
an No! free —The neutrals charge fees (BXcept in judicial arbitration) but you may qualify: -.
.for financial aid. . . .
JanuyIJwvzzf.
go There Different 5igds ofADE?
an Mediation- A neutral person (mediator) helps the parties communicate. clarify facts, —-‘4~Iu‘1!;l(r~.~
identify legal issues. explore settlement options and agree on a solution that is acceptable to all
sides . .
on. Judicial Arbitration ~ is an informal hearing where a neutral person (arbitrator) reviews
the evidence, hears arguments and makes a decision "on your case in non-binding Judicial .
-
arbitration. parties have the right to reject the arbitrator's deClslon and proceed to trial. For more. . I
information regarding judicial arbitration. please see thp attached sheet.
on Binding Arbitration The parties agree ahead of time to accept the arbitrator” s decision
as final Parties who choose binding arbitration give up their right to go to Court and their right to
appeal the arbitrator’s decision ~
on Neutral Evaluation~ A neutral person (evaluator) listens to the parties, asks them '
questions about their case. reviews evidence and may hear witness testimony. The evaluator
helps the parties identify the most important legal issue's in their case and gives them an analysis
of the strengths and weaknesses of each slde’ 5 case. Special neutral evaluation
guidelines are
,
available on the Court's websltaetwww. sggmgteocourtorgladr.“ __ _. _. .. . ..
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a!) Settlement Conference— Although similar to mediation. the neutral (a judge) may take
more control in encouraging parties to settle. Settlement conferences take place at the
courthouse. All cases have a mandatory settlement conference approximately 3-3 weeks before
the trial date
'
Pogo! at 3
Appropriate Dispute Resolution Information Sheet .
Form adopted [or Mandatory Use [CA Ruin nl Court 51221] Local Calm Form ADR-CV41 [8c 2010. Revised Jan 3013] msenmnlaoccurtmn
l
How Does Voluntary Mediationl Neutral Evaluation Work in San Mateo Comm;
on The person who tiles the lawsuit (the plaintlil) must Include this ADR Information Sheet
with the complaint when serving the defendants in the ease.
an All the parties in your case will meet with aludgfe at your first Case Management
Conference (CMC), which is scheduled within 120 clays, of the filing of the complaint. The judge
will speak to you about your Voluntary ADR options. enéourage you to participate in ADR and ask
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you to meet with Court ADR staff. .
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so if you and the'parttes decide to use ADR. Local Rule 2.3(iii3) states that you met file a
Stipulation and Order to ADR with the Court Clerk’s Office. This form lets the Court iorow both
whom you have selected as your ADR neutral and the date of the ADR session.
so You and the other parties can find your own ADR neutral for the case or use a neutral
who is on the Court's ADR Panel. .
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o For a list of Court ADR neutrals andthein resumes. visit the Court's Website at
www.sanmateocour_t.org/adr. (Go to "Cit/ll ADR Program," "Civil ADR Program Panelist i
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List" and click on any pmviden’s name.)
3.
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so ll you decide to do ADR and file a Simulation anti Order to ADR at least 10 days before
your first CMC, the Court will postpone (continue) your first Ditto for 90 days to allow the parties i
time to resolve the case using ADR. The Clerk's Office \‘yill send you a notice with your new
CMC date. 2 3
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an Mthin 10 days of completing ADR. you and your: lawyer (if you have one) most fill out E
either an Evaluation By Attorneys or client Evaluation and mail or fax it to the ADR offices at:
x
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400 County Center. Redwood City. CA 94063; (650) 599-1254 (fax),
‘
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ct; r Have to Paytse ADR?-
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on. Yes. You and. the other parties will pay the ADR neutral directly. However, you dojnot
have to pay the Court for eitherjudlcial arbitration or for the mandatory settlement conference
'
that is scheduled before your trial. '
or: if you expect to have difficulty paying the ADR pribvider’s fee. ask the ADR Coordinator
for a financial aid application. You wilt need to fillout this, application to determine whether or not
you quaiify for financial assistanoe. ? -
in ”San Mate’oEouhty. parties also can take their case to tif'e‘hommunity mediation myonization, the '
Peninsula Conflict Resolution Center (”PCRC”). and have their case mediated by PCRC's panel of
trained and experienced volunteer mediators. To leam morei about programs and foes. contest
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PCRC's Manager of Mediation Programs at (650) 513-03304
For more information, visit the court website at w
ganmateocougzor dr
or contact the ADR Program: 400 County Center, Redwood City. CA 94063.
Phone: {650) 5994 070, (650) 599-1073 and fax: (650) 599—1754
. Page 2 or:
. . Appropriate Dispute Re
Preview
DAVID R. SIDRAN (SBN 121063) THOMAS M. CROWELL (SBN 172799) TOSCHI, SIDRAN, COLLINS & DOYLE 5145 Johnson Drive E E, E E) FMATFO AWN Pleasanton, CA 94588 COUNTY Tel: (510) 835-3400 SAN Fax: (510) 835—7800 . AUG - 5 2016 Attorneys for Defendant, LES STANFORD CHEVROLET CADILLAC . ‘ By W... Clerk 6%? WW” per-{MEAN \DOO\]O\kll SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO UNLIMITED JURISDICTION ANDY SABERI, an individual, Case No.: CIV536294 1o Plaintiff, 11 SUPPLEMENTAL DECLARATION OF V. THOMAS M. CROWELL IN SUPPORT 12 OF DEFENDANT LES STANFORD LES STANFORD CHEVROLET CHEVROLET CADILLAC’S EX PARTE 13 CADILLAC, INC., a Michigan corporation, APPLICATION OR MOTION TO SET BJ INTERSTATE AUTO TRANSPORTERS, ASIDE DEFAULT 14 INC. a Nevada corporation, BOGDAN DEDYK, doing business as SAFE AUTO Date: August 12, 2016 15 TRANSPORT, an individual, and DOES 1 Time: 2:00 pm. through 25, inclusive, \vvvvvvvvvvvvvvvvvvvvvvv Dept: 10 8d 16 Defendants. 17 Complaint Filed: November 18, 2015 Trial Date: None 18 19 / CIV536294 20 1' SUP I Supplemental 21 22 11111111111111111 23 I, Thomas M. Crowell, declare as follows: 24 1) I am an Attorney At Law licensed to practice before all the courts of the State of California. 25 I am Senior Counsel at the Law Offices of Toschi, Sidran, Collins & Doyle, Counsel of 26 Record for Defendant LES STANFORD CHEVROLET CADILLAC herein. I have been ~_.-[1 27 the attorney responsible for this case since it was received 1n this office, and the following 28 -1- SUPPLEMENTAL DECLARATION OF THOMAS M. CROWELL IN SUPPORT OF Case No.: CIV536294 DEFENDANT LES STANFORD CHEVROLET CADILLAC’S EX PARTE APPLICATION OR MOTION TO SET ASIDE DEFAULT facts are personally known to me through my work on the file and review of the papers and the dockets in the case, both at the State and Federal level. hbJN 2) Attached hereto as Exhibit “A” is a true and correct copy of Plaintiff’s Complaint. 3) Attached hereto as Exhibit “B” is a true and correct copy of Defendant LES STANFORD’s Notice of Removal filed with the United States District Court. 4) Attached hereto as Exhibit “C” is a true and correct copy of Defendant’s Notice to Court and Adverse party of Removal to Federal Court. OKOOOVOUI 5) Attached hereto as Exhibit “D” is a true and correct copy of Defendant’s Motion to Dismiss, filed in the District Court, Plaintiff’s Opposition, and Defendant’s Reply. 6) Attached hereto as Exhibit “E” is a true and correct copy of Plaintiff‘s Motion to Remand, 11 the motion, opposition, and reply. 12 7) Attached hereto as Exhibit “F” is a true and correct copy of the District Court’s Order ’ 13 Granting Plaintiff’s Motion to Remand 14 8) Attached hereto as Exhibit “G” is a true and correct copy of Plaintiff‘s Motion for Default. 15 Note that on page 2, line 6, he asks the Court to strike the Motion to Dismiss. Please refer 16 to my original declaration, Exhibit “F”, which is the District Court’s summary denial of 17 this motion. No further order was provided, and the motion was denied before I filed an 18 opposition. 19 9) Defendant failed to timely file the motion to default solely because I misread the Federal 20 Rules of Civil Procedure and I thought that I had 10 days after the removal to respond. The 21 error was strictly mine. Because no default had been entered, it was truly a no-harm no 22 foul situation, and I was shocked because I have never, in around 25 years of practice, had 23 an attorney attempt to strike a general appearance pleading and have default entered. 24 Regardless, under C.C.P §473(b) I declare that the fault tardy motion in Federal Court is 25 mine. While this Court was wrong to enter the default, as Defendant is not in default, if it 26 is because of the “in default” condition which existed at the Federal Court, then the fault is 27 mine. 28 -2- SUPPLEMENTAL DECLARATION OF THOMAS M. CROWELL IN SUPPORT OF Case No.: CIV536294 DEFENDANT LES STANFORD CHEVROLET CADILLAC’S EX PARTE APPLICATION OR MOTION TO SET ASIDE DEFAULT 10) Plaintiff’s counsel did not contact me prior to have the default entered in this matter. We had several telephone calls and exchanged emails prior to that point. Plaintiff’s counsel has informed me several times that his client will not allow him to set aside the default. LIIAUJN The foregoing is true and correct under penalty of perjury under the laws of the State of California. \]O\ DATED: August 5, 2016 TOSCHI- SIDRAN- OLLINS- DOYLE 10 .. ///// DAVID R. SI‘DWXN THOMAS M. CROWELL Attorneys for Defendant 11 LES STANFORD CHEVROLET CADILLAC 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 -3- SUPPLEMENTAL DECLARATION OF THOMAS M. CROWELL IN SUPPORT OF Case No.: CIV536294 DEFENDANT LES STANFORD CHEVROLET CADILLAC’S EX PARTE APPLICATION OR MOTION TO SET ASIDE DEFAULT I Legal Tabs 00.1-800-322-3022 n — . Recycled 1% Stock #EX-S-B JAMES M. DOMBROSKI (SEN $6898) LAW OFFICE OF JAMES M. DOMBROSKI Post Office Box 751027 Petaluma, CA. 94975 : Tel. (707) 762-7807 : ENDQRSED FHLEQ m. (707) 769-0419 ‘ - . : . g ’ . SAN MATEO COUNW I moms I. SABER}, ESQ SB - . ~ 1‘ NOV 1 8 2015 - . LAW OFFICE OF WILLIAM H.PAYNTER Mm Wm .6“ g . O 1045 Airport Blvd, Suite 12 3 - 3; WbELINE MASTERSON 80. San Francisco, CA 94080 Telephone: (650) 5 88-2428 Facsimile: (650) 873-7046 ’ Attomeys for PlaintiffANDY SAPéBRI. ' SUPERIOR CdURT OF THE 31mg OF CALIFORNIA INAND FOR THE COUNTQY OF SAN MATEO ' UNLMTED mrézDICTION ‘ ' ' _ _’ .f . ' . I ANDY SABERLmindividfiial,‘ . C I. V5 ‘ ': ; CASE NO. - 3 6 1. " ‘ . 393% ‘ ’. Plaintiff; . COMPLAJM FORDAMAGES W . (Jury Triah‘Demanded) ‘ , LES summon» CHEVROLET CADILLAC. 1N0, a Michigan corporation, BJ WTERST'A . . AUTO TRANSPORTERs.mc.,ag-zsrevada . ., ‘ . corporafibn, BQGDAN'DEDYIQ (icing: ' ‘bustiness as'SAFE AUTO : ' ' . . . . BY FAX. TRANSEORT, an individual, and DOES 1 through 25; inclusivc; DefendantsQ 3 _ Plainfifi‘, Andy Saben'. Olleécsasfollqvvs: : . _ ‘ 1. ‘Plainflfl’Andy Sabezfi (hersinafier ' Mm") is'an individual located in San Mateo County; California. ' j 2. Defendant LesIStauford Chevrolet Cafiillao, Inc. (hereinafter “Les Stanford?) at all -..-n~u~— times herein mentioned, is IoOated O: 2} 730 MIchigaOAvenue, Dearbbm, Mbhigm 48124. Upon ~,._n:"'.-u~ I Conny/alum» Dim nmn .mn— -.~¢- w-u: ._a. information and belief, Les Stanford is a corporation duly organized and existing under the laws ‘ I ofthe State of Michigan 3. Defendant BJ Interstate Auto TransPortors, Inc. (hereinafter. “BJ Interstate”), at all times herein mentioned,’is located at 6625 W. SaharaiAvenue, Suite 1, Las. Vegas, Nevada 89146. Upon information and belief, E] Interstate is aoorporn‘tlon duly organized and existing under the ONQQMAWN - laws of the State of Nevada. 4. Defendant Bogdan Dedyk, doing business as Safe Auto Transport (hereinafter “Safe Auto”), at all times herein mentioned, upon infonnetion and belief, is an individual whose address rs 175 6 Heather Garden Lane, Roseville, California 95661. 5. The true names and capacities of DOES I through 25, inclusive, are unknown to Plaintifi‘. Plaintiff W111 amend this Complaint to set forth the true names and capacities of the DOE Defendants (as soon as the satire have been ascertained) 6. At all relevant times each of the Defendants have been the agent,e1nployee. or oo—oonspirataor with the remaining Defendants, and each was acting within the course and scope .. ' of such agency, employment or oonSpir‘acy. ' . FACTUAL ALLEGATIONS . 7. On or about September 17, 2015, Saberi pumhased a new 2016 Chevrolet cow’s- may. agguegmafloggqmmamwuo CorVette Z06 convertible (hereinufter “Corvette") from Lee Stanford for the sum of $128 391.93.. ... Upon information and belief, Defendant. Les Stanford is the representotive of the menufaemrer of 1~ ‘ .—.-—r-...--.‘m--.-.r:, the Corvette purchased by Saberl, which, at all times; relevant. who covered by the mmmfaotnrer' a warranties (express and implied) subject to the provisions of the California Lemon Law (California Civil Cede § 1790, et seq). ' 8; Seberi 1s informed and believes thathes some named with Defendant 13:1. mum's ’lrite‘istzite'fdf nré [unease efnshsgefiing“fl1e*€onenés measuring—{Te Sheen's?ssn'FrafitseoT‘W California. 9. Saberi is informed and believes that Defendant BI Interstate subcontracted with "‘9J"-A9"“‘MWIW'"m'mamtrammmrmtNZLYI Safe Auto Transport for the purpose of transporting the Corvette for delivery to Saberi in San Francisco. California. , ,, 7 d . "P-N" ~.. Cowlawfir damages "”““ __.L... “‘ .n "‘ 1.A_',_?! avs before the date set for the Case Management Conference. ~ . 2. lfyou fail follow the orders above, you are ordered to show muse why you should not be sanctioned. The Order to Show C use hearing will be at the same time as the Case Management Conferente hearing. Sanctions may_ M».wm¢.nm~m include monetary, evidentiaixor issue sanctions as well as striking pleadings and/oz dismissal, ~ 3. Continuances of Case Management Conferences are highly disfavored unless good muse ls shown. . E n...- ' 4. Parties may proceéd to an appropriate dlsp'ulse resolution process ("ADR") by filing a Stipulation to ADR and Proposed ' e .. j ~0rder {see attached form). ifplalntlffflles a Stipdlatlon to Ann and Propel-zed Order electingto proceed to judicial . arbitration, the Case Management Conference will be taken off the court calendar and the case will be referr ed to the Arbitration Administrator. if plaintiffs and Hefendanb file a completed stipulation to another ADE process (243., mediation) iii—days prior to the first scheduled gase Ménagernent Conference, the Case Management Conference will . continued for Bil-clays to allow parties time to complete their ADR session. The court will notlfy parties of their new ca Management Conference date. 5_: ifyou have filed a default lorajudgment has been entered, yotlr case Is not a'utomatlcally taken off Case Management ‘ Conference Calendar. lfi’uoes’i, ”Rees/i ete— are named in yodrcomplalntfl'rév rh’LI'st‘ he’dlsTtilss'ed in order to Eiosé thi . case. if any party is In bankruptcy, the casells stayed only as to? tha't named party. 6. You are further ordered to appear in person“ (or through youn attorney of record} at the Case Managem ent Conferent: .- - .. -.... w - ~e .. m m otléedvaiauve Noomustrberthurdughlw fa'r'nllla r wltlvth 22232 andrfdllyiauthmlize'd ‘lo‘ptiilefiefifi’l‘amfirww‘w hr .n.‘55-“ ' 7. The Case Management Judge wlll issue orders atthe conclusion ofthe conference that may include: Referring parties to voluntary ADR and setting an ADR completion date; a) 1:) Dismlsslng or severing claims or pailtles; C) Settl ng a trial date.- 8. The Case Managem entludge maybe thetrlal judge in this case r 2, . A .- Forfurther information. regardlng’..case management halides and procedures, see the court-’5 website ates.-mgu_anmateocoum ozg‘: “Merchant appearances at me managemenrwnferencer are available bycuIItactlng Couritall, m: an Independent vendo... n: leastjiue businexs day: pm to ”is scheduled conference {see attached Cour-tar" lnfonnpb‘ou), . s Twursrv-nw’xwmvmnuanu h ‘ - ALTERNATIVE DIISPUEE RESOLUTEQN. , m CIVIL CASES .. .'~«t-v.~rnv q»: h\’lv.\r.\:..—vn\—v¢77,IH-a~.4-: musvun mwwm Jon—«n-vm'zmzw -_ ,-=....—..:. — ‘ . WW~ --+. «rm: mm» >9 M ~ruvmw «n umnmv,mw,w .- ,~.,.. -. +x+a__»a.-.4:x. ua-w-nm-‘xw-ew .v .r._w. : a.» a-r—wa \ Civil Appropriate Dispute Resolution (ADR) information Sheet Superior Court of California, San Mateo County Appropriate Dispute Resolution (ADR) Is a way of solving Iegal problems without going to trial. All types of disputes can be resolved through ADR. The Cburt encourages you to use some form ofADR before you proceed to trial The most popular form of ADR is mediation "lire Mum-Option ADR Project can help you choose the option that is best for your case and refer you to an experiencedADR provider . What are me Advantagies of Using ADR? “0......- n an Faster— Traditional litigation can take years to complete but ADR usually takes w L’ Weeks or months ~—o—-~ on Cheaper— Partlescan save. on attorneys’ fees and litigation costs. on More control d. flexibility- Parties choose the ADR process most appropriate for their case. runs. an Cooperative 8. less stressful — in mediation. parties cooperate to find a mutually r—-n.-.-u. agreaabie Solution to their dispute. . no: What are the Disgdvantdnes of Usinq ADR? You may go to Court anyway— if you can't resolve your case using ADR you may still 5?.’n‘.l-.AM..G~1‘V.1T‘L~4 on have to spend time and money on your lawsuit an No! free —The neutrals charge fees (BXcept in judicial arbitration) but you may qualify: -. .for financial aid. . . . JanuyIJwvzzf. go There Different 5igds ofADE? an Mediation- A neutral person (mediator) helps the parties communicate. clarify facts, —-‘4~Iu‘1!;l(r~.~ identify legal issues. explore settlement options and agree on a solution that is acceptable to all sides . . on. Judicial Arbitration ~ is an informal hearing where a neutral person (arbitrator) reviews the evidence, hears arguments and makes a decision "on your case in non-binding Judicial . - arbitration. parties have the right to reject the arbitrator's deClslon and proceed to trial. For more. . I information regarding judicial arbitration. please see thp attached sheet. on Binding Arbitration The parties agree ahead of time to accept the arbitrator” s decision as final Parties who choose binding arbitration give up their right to go to Court and their right to appeal the arbitrator’s decision ~ on Neutral Evaluation~ A neutral person (evaluator) listens to the parties, asks them ' questions about their case. reviews evidence and may hear witness testimony. The evaluator helps the parties identify the most important legal issue's in their case and gives them an analysis of the strengths and weaknesses of each slde’ 5 case. Special neutral evaluation guidelines are , available on the Court's websltaetwww. sggmgteocourtorgladr.“ __ _. _. .. . .. ’ a!) Settlement Conference— Although similar to mediation. the neutral (a judge) may take more control in encouraging parties to settle. Settlement conferences take place at the courthouse. All cases have a mandatory settlement conference approximately 3-3 weeks before the trial date ' Pogo! at 3 Appropriate Dispute Resolution Information Sheet . Form adopted [or Mandatory Use [CA Ruin nl Court 51221] Local Calm Form ADR-CV41 [8c 2010. Revised Jan 3013] msenmnlaoccurtmn l How Does Voluntary Mediationl Neutral Evaluation Work in San Mateo Comm; on The person who tiles the lawsuit (the plaintlil) must Include this ADR Information Sheet with the complaint when serving the defendants in the ease. an All the parties in your case will meet with aludgfe at your first Case Management Conference (CMC), which is scheduled within 120 clays, of the filing of the complaint. The judge will speak to you about your Voluntary ADR options. enéourage you to participate in ADR and ask ' you to meet with Court ADR staff. . ; - - so if you and the'parttes decide to use ADR. Local Rule 2.3(iii3) states that you met file a Stipulation and Order to ADR with the Court Clerk’s Office. This form lets the Court iorow both whom you have selected as your ADR neutral and the date of the ADR session. so You and the other parties can find your own ADR neutral for the case or use a neutral who is on the Court's ADR Panel. . ; t o For a list of Court ADR neutrals andthein resumes. visit the Court's Website at www.sanmateocour_t.org/adr. (Go to "Cit/ll ADR Program," "Civil ADR Program Panelist i E List" and click on any pmviden’s name.) 3. g. so ll you decide to do ADR and file a Simulation anti Order to ADR at least 10 days before your first CMC, the Court will postpone (continue) your first Ditto for 90 days to allow the parties i time to resolve the case using ADR. The Clerk's Office \‘yill send you a notice with your new CMC date. 2 3 - r. an Mthin 10 days of completing ADR. you and your: lawyer (if you have one) most fill out E either an Evaluation By Attorneys or client Evaluation and mail or fax it to the ADR offices at: x % 400 County Center. Redwood City. CA 94063; (650) 599-1254 (fax), ‘ 1 ct; r Have to Paytse ADR?- . on. Yes. You and. the other parties will pay the ADR neutral directly. However, you dojnot have to pay the Court for eitherjudlcial arbitration or for the mandatory settlement conference ' that is scheduled before your trial. ' or: if you expect to have difficulty paying the ADR pribvider’s fee. ask the ADR Coordinator for a financial aid application. You wilt need to fillout this, application to determine whether or not you quaiify for financial assistanoe. ? - in ”San Mate’oEouhty. parties also can take their case to tif'e‘hommunity mediation myonization, the ' Peninsula Conflict Resolution Center (”PCRC”). and have their case mediated by PCRC's panel of trained and experienced volunteer mediators. To leam morei about programs and foes. contest ' PCRC's Manager of Mediation Programs at (650) 513-03304 For more information, visit the court website at w ganmateocougzor dr or contact the ADR Program: 400 County Center, Redwood City. CA 94063. Phone: {650) 5994 070, (650) 599-1073 and fax: (650) 599—1754 . Page 2 or: . . Appropriate Dispute Re