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JAMES ATTRIDGE [SBN NO. 124003]
EE
.
LAW OFFICES OF JAMES ATTRIDGE EA
270 Divisadero Street, #3
SAN MATE 0 COUNTY
San Francisco, CA 941 17
Telephone: (415) 552-3088
Email: jattridge@attridgelaw.com
Attorney for Defendant BJ Interstate
Auto Transporters, Inc.
OO\]O\
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
\0
ANDY SABERI, an individual, Case No: CIV—536294
Plaintiff, DECLARATION OF JAMES ATTRIDGE IN
SUPPORT OF REQUEST FOR JUDICIAL
LES STANFORD CHEVROLET NOTICE
CADILLAC, INC. a Michigan corporation,
BJ INTERSTATE AUTO TRANSPORTERS, DATE: OCTOBER 20, 2017
INC. a Nevada corporation, BOGDAN
DEDYK, doing business as SAFE AUTO TIME: 9AM
TRANSPORT, an individual, and DOES 1
through 25, inclusive, DEPARTMENT 16—COURTROOM 7
HONORABLE RICHARD H. DU BOIS
'
iiivssam
DEG _
'
Declaration
;_iii\\\\\\\11111111
1, James Attridge declare and state:
1. I am attorney of record for defendant B.J. Interstate Auto Transporters in this matter. I
know the following of my own personal knowledge and if called upon to do so, could and
would competently testify thereto.
2. Attached hereto as Exhibit 1 is a true and correct copy of an e—mail I sent to plaintiffs
counsel on February 18, 2016, the day I was first retained in this matter. It is already in
the court file, having been attached to declarations filed on April 18, 2016 and February
3, 2017 without objection by plaintiff.
1
TRIAL BRIEF
. Attached hereto as Exhibit 2 is a true and correct copy of the Declaration of James
Dombroski which was attached to plaintiff’s memorandum of points and authorities in
opposition to motions to set aside default which were heard on July 26, 2016, along with
Exhibits 1 and 2 which were appended thereto. Those Exhibits are e-mail
communications to Mr. Dombroski from attorney Steven Soltman advising that he was
coverage counsel for Mr. Dedyk’s insurer Safe Auto Transport.
. Attached hereto as Exhibit 3 are excerpts from the Case Management Statements filed by
\OOO\]O\
counsel for Bogdan Dedyk on October 10, 2016, November 22, 2016, and January 24,
2017 all indicating that Mr. Dedyk was and is insured.
10 . I have practiced in the field of transportation law for thirty years and am readily familiar
11 with the federal regulations governing the transportation industry as well as the websites
12 maintained by the Federal Motor Carrier Safety Administration (FMCSA) for ready
13 reference by the general public.
14 . Attached hereto as Exhibit 4 is a true and correct copy of 49 CFR 387.7 which has been
15 in place for decades, indicating that motor carriers can only be licensed to operate if they
16 have current proof of insurance.
17 . Attached hereto as Exhibit 5 is a true and correct copy of the FMCSA’s Carrier History
18 for Bogdan Dedyk dba Safe Auto Transport. It covers the period between July 2015 and
19 July, 2017 and indicates that during that period (which includes the date of loss) Mr.
20 Dedyk was never suspended from operating for any reason.
21 . Attached hereto as Exhibit 6 is a true and correct copy of the FMCSA’S On Road
22 Performance Detail indicating that Mr. Dedyk was never cited for failure to produce
23 proof of insurance during the period between August, 2015 and July, 2017.
24 . This is the same website I referred to in my e—mail to Mr. Domboski which is attached
25
26
27
28
2
TRIAL BRIEF
as Exhibit 1.
I declare under penalty of perjury under the laws of the State of California that the
'
foregoing is true and correct. Executed at San F co, CA September 9, 2017.
\]O\
1
James Attridge, Counsel for BI Interstate
00
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TRIAL BRIEF
2/22/2016 Squirrel Mail
Q‘N
Subject: Re: Sabieri lawsuit
From: "James Attridge"
Date: Mon, February 22, 2016 11:28 am
To: J domski@aol.com
Priority: Normal
Al,x
\i'
<‘ 3 Sat, February 29, 2916 2:61 pm, Jdomski@aol.com wrote:
> Jim,
> My client is out of the country until Wednesday. I hope to get back to you
by Thursday, 2/25. Jim
In a message dated 2/18/2016 11:59:27 A.M. Pacific Standard Time,
iattridgeflattridgelaw.com writes:
IVVVVVVVVVVVV
Dear Mr. Dombrowski:
It was a pleasure speaking with you. I will be representing E]
Interstate in the case you have filed on behalf of Mr. Sabieri. I am
writing to request that you voluntarily vacate the default you have
./
entered. As I'm sure you are well aware, motions to set defaults aside
7 are routinely granted.
You may also wish to review the holdings in Chatelaine v. Twin Modal
and Chubb v. HA Transportation 243 F. Supp 2d 1064. I will
contend that my
client as an interstate freight broker can only be liable for negligent
vvvvvvvvvvvvvv'in..-_
entrustment, and only if it
has referred the shipper to a carrier that is
neither licensed nor insured. A quick check of the Federal Motor Carrier
Administration website will show that the carrier
was both.
My address is 270 Divisadero Street, #3 San Francisco 94117, and my
phone is 415-552—3088. I am looking forward to working with you.
Yours truly
EXHIBITZ
1"" "
JAMES M. DOMBROSKI (SBN 56898)
2 LAW OFFICE OF JAMES MDOMBROSKI
Post Office Box 751027 "
3 Petaluma, CA. 94975
Tel. (707) 762-7807
4'
Fax. (707) 769-0419
'5 '
‘TnoMA'S15SABERI, ESQ. (SEN169652)
6 LAW OFFICE OF WILLIAM H. PAYNTE
1045 Airport Blvd, Suite 12
7 So. San Francisco,
CA 94080
.. , Telephone: (650) 588—2428
§ Facsimile: (650) 873—7046
9
Attorneys for Plaintiff ANDY SABERI.
“I SUPERIOR COURT OF THE STATE OF CALIFORNIA
.1: IN AND FOR THE COUNTY OF SAN MATEO
‘
‘
(133 ,
UNLIMITED JURISDICTION
I
14
:
ANDY SABERI, an individual, CASE NO. ‘CIV_53:6294
i
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1
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.. .
‘_
plaintiff, PLAINTIFF’S OPPOSITION TO
16 vs. .
DEFENDANTS’ MOTIONS TO SET
VVVVVVVV
ASIDE DEFAULT BY DEFENDAN TS
‘17 LES STANFORD CHEVROLET CADILLAC, BOGDAN DEDYK AND BJ
INC, a Michigan corporation, BJ INTERSTATE INTERSTATE; SUPPORTING
AUTO TRANSPORTERS, INC, a Nevada DECLARATION; PROOF OF SERVICE
_'
>
19 corporation, BOGDAN DEDYK, doing DATE: Tuesday, July 26, 2016
if“. business as SAFE AUTO TRANSPORT, an 3 TIME= 103" am
.
20 mdivid u al ’ an (I DOES 1 throug h 25 Inc l USIve,
.. ) DEPT: Law and Motion .
’ Dept. 10
i; Judge Gerald J. Buchwald
21' A 3
Defendants. ) Complaint Filed: November 18, 2015
ii ) Trial Date: None
23 .
.
Plaintiff, Andy Saberi, opposes Defendants’ motions to
24 set aside default by Defendants
2.5
Bogdan Dedyk (“Dedyk”) and BJ Interstate.
26
1. PRELIMINARY STATEMENT.
2:7
Defendants Dedyk and BI Interstate were served with the
Summons and Complaint on
November 30, 2015. Notice of default was filed on
28 February 16, 2016. The standards for
1
Plaintiff's Supplemental Opposition to Defendants”
Motion to Set Aside Default; Supporting Declaration
i
\_ “A“ 19511:.
, r.-a
DECLARATION OF JAMES M. DOMBROSKI.
‘
1, James M. Dombroski, declare as follows: ‘ :4‘
~—
1. I am co-counsel representing Plaintiff hereiniand submit this Declaration in
support of Plaintiffs Opposition to Defendants’ Motions to Set Aside Default by Defendants
f Bogdan Dedyk and BJ Interstate. The matters stated .i
hereinareLbased upon mypersonal ;
p. ,7 _.
knowledge and I am competent to testify thereto.
‘
2. The Exhibits 1 and 2 referenced in the attached Opposition are true and correct
’ i H
copies-of each reference exhibit and are attached hereto.
I declare under penalty of perj ury under the laws of the State of California that the
above
_10 is true and correct.
i: l1
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Executed on July 26, 2016, in Petalum , Cali ornia.
, 12
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/JAM_ES M DOMBROSKI
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Plaintiff‘s Supplemental Opposition to Defendants’ Motion to Set Aside Default;
Supporting Declaration i
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§Andy Saberi v. Safe Anti:
_‘ ~‘nsp&rt Claim # B&C 35—16
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Va Page I of
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iSubj: Andy Saberi v. Safe Auto
Date: 2/29/2016 8:30:50 AM Trans port Claim # sac 35-15
H .. ‘ U ,..
From: Pacific Standard Time
.
ssoitman sifesocom , ‘ '
' '
‘To: _
[domski©aoi.com
' m'ed you that
indica "port to advise it
th of its righ‘LS with respect my
i‘uredintheliti ' ' to this matter. As I
ation
Steven B. Soitman Esq.
Soltman, Levitt, Fiaherty
& Wattles LLP
90 E. Thousand Oaks
Blvd. Suite 300
Thousand Oaks, Ca.91360 '
(805) 497—7706
15;};
(805) 497—1147 (fax)
.—_ _|_:I.:l- l
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Page 1 of}
Subj: Re: Andy Saberi v. BJ Interstate,
Date: Safe AutoTranspcrt, et al '
'
3/23/2016 8:24:29 PM. Pacific .
~—
From: Daylight-Time " __
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ssoltmantf‘Ltsifesoconi ' '
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.
To: Jdomskéi’daaolgoij '
CC: aiohnson@iohnsonclaimseeiIll'C (1) O CE
.
Dear Mr Dombrowski—' As indicated
I
to you in curinitial conversationl
for the insurer for Bogdan Dedyk have been retained as coverage
dba Safe Auto Transport and counsel "
Johnson Claims Service (“JCS‘:’),'is the CQ.DQ?.I§F_>C_€_§EN the insured-As
you know,--
appointed adjuster and is attemptingsto . .
investigate the facts'and Circumstances make'contac‘t‘w’iththe im‘tji‘éti‘ttiw
of the claim‘fTo date,~ the insured is'n'ot '
and has refuses to discuss the cooperating with the investioation
facts and ha s referred all calls to
0294 In Sacramento. Both JCS his‘attorney Dmitrv Shchebenko 616-
no response whatsoever. Please
and l have left voice messages
for the attorney and l have sent ( 918)
feel to con tact him directly yourself. two letters with
claim, it would be very helpful if ln addition, to aid in the
you could to ' investigation of the
respect to the facts of how the claim \" ‘ photos and evidence you have with
,
occurre
Safe Auto Transports possession
and contr Cl and an itemization and
vehicle. Please note that the investigation estimate 0
b eing undertaken is subject
issued to Safe Auto Transport. As to a full r
soon as Safe Auto Transport complies
cooperates in the investigation of the with i
claim I will be in a position to
1,,‘ "
.L» Please fonivard any available information properly eva
‘ ‘
you may have with respect to the claim
any questions please contact me. Best as soon as possible .lfyou
regards, Steve Soltman have
Steven B. Soltman, Esq.
Soltman, Levitt, Flaherty & Wattles,
LLP
90 E. Thousand Oaks Blvd.
Suite 300
I Thousand Oaks, CA 91360
..
‘ (805) 497-7706
_ ,. (805).497.-1147.Fa>,<,
t
.
-On Mar 23, 2016, at
10:49 AM, Jdomski©aolcom wrote:
. '
Counsel,
Since you have not filed a notice
of appearance to date, attached is a
j Continuance of the CMC. courtesy copy of the Notice of
Please confirm whether you intend
to file a notice ofappearanoe and, if so,
when?
Thank you,
Jim
In a message dated 3/7/2016 12:21:07 PM.
Pacific Daylight Time, Jdomski@aol.com
writes:
Counsel,
.
Attached is plaintiffs CMS.
Jim
3
'
James M. Dombroski, Esq.
Law Offices of James M. Dombroski
2
' PO. Box 751027
Petaluma. CA 94975—1027
Telephone: (707‘) 762—7807
Fax: (707') 769—0419
EXHIBIT 3
_.._.._...~_~s.._c.-_s_.;.::_‘
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Michael J. LeVangie, SBN 160163
1: v
FOR COURT USE ONLY
CM-1 1 0
a.
LEVANGIE LAW GROUP
_t.,
L”...
2021 N Street, Sacramento, CA 95811
TELEPHONE 443-4849
N0; (91 6) FAX N0. (Opfional): (91 6) 443.4855
michael.levangie@llg-law.com
EMAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Defendant Bogdan Dedyk dba Safe Auto Transport
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREETADDRESS: 400 County Center
MAIUNGADDRESS: 400 County Center
CWANDZ'P CODE Redwood City, CA 94063
BRANCH NAME:
PLAINTIFF/PETITIONER: ANDY SABERI
DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC |NC., et al.
._
CASE-MANAGEMENT STATEMENT CASE NUMBER
l:l
‘
(Check one): UNLIMITED CASE LIMITED CASE ClV 536294
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 26, 2016 Time: 9:00 am. Dept: 21 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Michael J. LeVangie
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Defendant Bogdan Dedyk dba Safe Auto Transport
b. [:1 This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross—complainants only)
a.
b. :I
The complaint was filed on (date):
The cross-complaint, if any, was filed on (date):
3.
a.
b.
I:
Service (to be answered by plaintiffs and cross-complainants only)
[:1
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following partiesnamed in the complaint or cross—complaint
(1)- C]
have not been served (specifir names and explain why not):
(2) I: have been served but have not appeared and have not been dismissed (specify names):
(3) I: have had a default entered against them (specify names):
c. I: The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
3- Type Of case In complaint [:1
cross-complaint (Describe, including causes of action):
Violation of the Song—Beverly Consumer Warranty Act Civil Code Section 1790 et seq., also known as ."Lemon
Law", against Defendant Les Stanford; Fraud and Negligence
Em
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Page 1 of 5
“nearest:221121.25: CASE MANAGEMENT STATEMENT
CM-11O (Rev. July 1. 2011]
www.caunsagov
CMAJD.
CASE NUMBER:
PLAINTIFF/PETITIONER: ANDY SABERl
CW 536294
DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC INC., et 3].
11. Insurance
a. Insurance carn'er, if any, for party filing this statement (name): OneBeacon
b. Reservation of rights: Yes [:I No
c. I:I Coverage issues will significantly affect resolution of this case (explain):
’
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
I:I Bankruptcy [:1
Other (specify):
Status:
13. Related cases, consolidation, and coordination
‘
a: .ElThere 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.
I:
13. A motion to [:1 consolidate [:1 coordinate will be filed by (name party):
14.
I:
Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specilj/ moving party, type of motion, and reasons):
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motion for Summary Judgment or, in the alternative, Summary Adjudication; Motions in Limine
16. Discovery
a. [:1 The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Pam Description Date
Defendant Safe Auto Transport Written Discovery June 2017
.. Defendant SafeflAuto Transport Depositions of percipient witnesses June 2017
Defendant Safe Auto Transport Supplemental Discovery June 2017
Defendant Safe Auto Transport Expert Witness Discovery and Depositions Per Code
c. [j The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specifw:
CM-11O [Rem July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
i . F
CM-1 1 O
CASE NUMBER
PLAINTIFF/PETITIONER: ANDY SABER!
— CIV 536294
DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC INC., et al.
17. Economic litigation
a. I:] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures
sections 90-98 will apply to this case.
in Code
b. I: of Civil Procedure .
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
’
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[:1 The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
are
n.»
a.
c
of Court (if not, explain):
a
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
I am completely familiar with this case and will be fully prepared
to discuss the status of discovery and alternative dispute resolution,
time of
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues' at the
the case management conference, including the written authority of the party where required.
Date: October 10; 2016
’V
K
.
1
Michael J. LeVangie
(TYPE OR PRINT NAME) /(SIGNATURE OF PARTY OR ATTORNEY)
.
(TYPE 0R PRINT NAME)
i (SIGNATURE OF PARTY WNEY)
?
[::| Additional signatures are attached.
W- W 11°"! WW5
Cit-11° CASE MANAGEMENT STATEMENT
CM-1 1 0
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address):
Michael J. LeVangie, SBN 160163
LEVANGIE LAW GROUP
2021 N Street, Sacramento, CA 95811
TELEPHONE N0; 91 6443-4849 FAX N0. (Optional): 916.443.4855
michael.Ievangie@llg-Iaw.com
EMAIL ADDRESS (Optional): _
Defendant Bogdan Dedyk dba Safe Auto Transport
ATTORNEY FOR (Name;
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS: 400 County Center
MAILING ADDRESS: 400 County Center
CITY AND ZIP CODE: Redwood City CA 94063
BRANCH NAME:
PLAINTIFF/PETWIONER: ANDY SABERI
DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC INC et al.
CASE NUMBER:
Preview
,. .; ”-5.; a, JAMES ATTRIDGE [SBN NO. 124003] EE . LAW OFFICES OF JAMES ATTRIDGE EA 270 Divisadero Street, #3 SAN MATE 0 COUNTY San Francisco, CA 941 17 Telephone: (415) 552-3088 Email: jattridge@attridgelaw.com Attorney for Defendant BJ Interstate Auto Transporters, Inc. OO\]O\ SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO \0 ANDY SABERI, an individual, Case No: CIV—536294 Plaintiff, DECLARATION OF JAMES ATTRIDGE IN SUPPORT OF REQUEST FOR JUDICIAL LES STANFORD CHEVROLET NOTICE CADILLAC, INC. a Michigan corporation, BJ INTERSTATE AUTO TRANSPORTERS, DATE: OCTOBER 20, 2017 INC. a Nevada corporation, BOGDAN DEDYK, doing business as SAFE AUTO TIME: 9AM TRANSPORT, an individual, and DOES 1 through 25, inclusive, DEPARTMENT 16—COURTROOM 7 HONORABLE RICHARD H. DU BOIS ' iiivssam DEG _ ' Declaration ;_iii\\\\\\\11111111 1, James Attridge declare and state: 1. I am attorney of record for defendant B.J. Interstate Auto Transporters in this matter. I know the following of my own personal knowledge and if called upon to do so, could and would competently testify thereto. 2. Attached hereto as Exhibit 1 is a true and correct copy of an e—mail I sent to plaintiffs counsel on February 18, 2016, the day I was first retained in this matter. It is already in the court file, having been attached to declarations filed on April 18, 2016 and February 3, 2017 without objection by plaintiff. 1 TRIAL BRIEF . Attached hereto as Exhibit 2 is a true and correct copy of the Declaration of James Dombroski which was attached to plaintiff’s memorandum of points and authorities in opposition to motions to set aside default which were heard on July 26, 2016, along with Exhibits 1 and 2 which were appended thereto. Those Exhibits are e-mail communications to Mr. Dombroski from attorney Steven Soltman advising that he was coverage counsel for Mr. Dedyk’s insurer Safe Auto Transport. . Attached hereto as Exhibit 3 are excerpts from the Case Management Statements filed by \OOO\]O\ counsel for Bogdan Dedyk on October 10, 2016, November 22, 2016, and January 24, 2017 all indicating that Mr. Dedyk was and is insured. 10 . I have practiced in the field of transportation law for thirty years and am readily familiar 11 with the federal regulations governing the transportation industry as well as the websites 12 maintained by the Federal Motor Carrier Safety Administration (FMCSA) for ready 13 reference by the general public. 14 . Attached hereto as Exhibit 4 is a true and correct copy of 49 CFR 387.7 which has been 15 in place for decades, indicating that motor carriers can only be licensed to operate if they 16 have current proof of insurance. 17 . Attached hereto as Exhibit 5 is a true and correct copy of the FMCSA’s Carrier History 18 for Bogdan Dedyk dba Safe Auto Transport. It covers the period between July 2015 and 19 July, 2017 and indicates that during that period (which includes the date of loss) Mr. 20 Dedyk was never suspended from operating for any reason. 21 . Attached hereto as Exhibit 6 is a true and correct copy of the FMCSA’S On Road 22 Performance Detail indicating that Mr. Dedyk was never cited for failure to produce 23 proof of insurance during the period between August, 2015 and July, 2017. 24 . This is the same website I referred to in my e—mail to Mr. Domboski which is attached 25 26 27 28 2 TRIAL BRIEF as Exhibit 1. I declare under penalty of perjury under the laws of the State of California that the ' foregoing is true and correct. Executed at San F co, CA September 9, 2017. \]O\ 1 James Attridge, Counsel for BI Interstate 00 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 3 TRIAL BRIEF 2/22/2016 Squirrel Mail Q‘N Subject: Re: Sabieri lawsuit From: "James Attridge" Date: Mon, February 22, 2016 11:28 am To: J domski@aol.com Priority: Normal Al,x \i' <‘ 3 Sat, February 29, 2916 2:61 pm, Jdomski@aol.com wrote: > Jim, > My client is out of the country until Wednesday. I hope to get back to you by Thursday, 2/25. Jim In a message dated 2/18/2016 11:59:27 A.M. Pacific Standard Time, iattridgeflattridgelaw.com writes: IVVVVVVVVVVVV Dear Mr. Dombrowski: It was a pleasure speaking with you. I will be representing E] Interstate in the case you have filed on behalf of Mr. Sabieri. I am writing to request that you voluntarily vacate the default you have ./ entered. As I'm sure you are well aware, motions to set defaults aside 7 are routinely granted. You may also wish to review the holdings in Chatelaine v. Twin Modal and Chubb v. HA Transportation 243 F. Supp 2d 1064. I will contend that my client as an interstate freight broker can only be liable for negligent vvvvvvvvvvvvvv'in..-_ entrustment, and only if it has referred the shipper to a carrier that is neither licensed nor insured. A quick check of the Federal Motor Carrier Administration website will show that the carrier was both. My address is 270 Divisadero Street, #3 San Francisco 94117, and my phone is 415-552—3088. I am looking forward to working with you. Yours truly EXHIBITZ 1"" " JAMES M. DOMBROSKI (SBN 56898) 2 LAW OFFICE OF JAMES MDOMBROSKI Post Office Box 751027 " 3 Petaluma, CA. 94975 Tel. (707) 762-7807 4' Fax. (707) 769-0419 '5 ' ‘TnoMA'S15SABERI, ESQ. (SEN169652) 6 LAW OFFICE OF WILLIAM H. PAYNTE 1045 Airport Blvd, Suite 12 7 So. San Francisco, CA 94080 .. , Telephone: (650) 588—2428 § Facsimile: (650) 873—7046 9 Attorneys for Plaintiff ANDY SABERI. “I SUPERIOR COURT OF THE STATE OF CALIFORNIA .1: IN AND FOR THE COUNTY OF SAN MATEO ‘ ‘ (133 , UNLIMITED JURISDICTION I 14 : ANDY SABERI, an individual, CASE NO. ‘CIV_53:6294 i T5 1 ' I ‘ .. .. . ‘_ plaintiff, PLAINTIFF’S OPPOSITION TO 16 vs. . DEFENDANTS’ MOTIONS TO SET VVVVVVVV ASIDE DEFAULT BY DEFENDAN TS ‘17 LES STANFORD CHEVROLET CADILLAC, BOGDAN DEDYK AND BJ INC, a Michigan corporation, BJ INTERSTATE INTERSTATE; SUPPORTING AUTO TRANSPORTERS, INC, a Nevada DECLARATION; PROOF OF SERVICE _' > 19 corporation, BOGDAN DEDYK, doing DATE: Tuesday, July 26, 2016 if“. business as SAFE AUTO TRANSPORT, an 3 TIME= 103" am . 20 mdivid u al ’ an (I DOES 1 throug h 25 Inc l USIve, .. ) DEPT: Law and Motion . ’ Dept. 10 i; Judge Gerald J. Buchwald 21' A 3 Defendants. ) Complaint Filed: November 18, 2015 ii ) Trial Date: None 23 . . Plaintiff, Andy Saberi, opposes Defendants’ motions to 24 set aside default by Defendants 2.5 Bogdan Dedyk (“Dedyk”) and BJ Interstate. 26 1. PRELIMINARY STATEMENT. 2:7 Defendants Dedyk and BI Interstate were served with the Summons and Complaint on November 30, 2015. Notice of default was filed on 28 February 16, 2016. The standards for 1 Plaintiff's Supplemental Opposition to Defendants” Motion to Set Aside Default; Supporting Declaration i \_ “A“ 19511:. , r.-a DECLARATION OF JAMES M. DOMBROSKI. ‘ 1, James M. Dombroski, declare as follows: ‘ :4‘ ~— 1. I am co-counsel representing Plaintiff hereiniand submit this Declaration in support of Plaintiffs Opposition to Defendants’ Motions to Set Aside Default by Defendants f Bogdan Dedyk and BJ Interstate. The matters stated .i hereinareLbased upon mypersonal ; p. ,7 _. knowledge and I am competent to testify thereto. ‘ 2. The Exhibits 1 and 2 referenced in the attached Opposition are true and correct ’ i H copies-of each reference exhibit and are attached hereto. I declare under penalty of perj ury under the laws of the State of California that the above _10 is true and correct. i: l1 - Executed on July 26, 2016, in Petalum , Cali ornia. , 12 ' 13 ' ' /JAM_ES M DOMBROSKI Q _ i i l l : "175 is i7 . I ,. _ l/ i i 18 ié i0 23 24 25 26 i7 2% 4 Plaintiff‘s Supplemental Opposition to Defendants’ Motion to Set Aside Default; Supporting Declaration i ,Px §Andy Saberi v. Safe Anti: _‘ ~‘nsp&rt Claim # B&C 35—16 J3 9;? Va Page I of ' iSubj: Andy Saberi v. Safe Auto Date: 2/29/2016 8:30:50 AM Trans port Claim # sac 35-15 H .. ‘ U ,.. From: Pacific Standard Time . ssoitman sifesocom , ‘ ' ' ' ‘To: _ [domski©aoi.com ' m'ed you that indica "port to advise it th of its righ‘LS with respect my i‘uredintheliti ' ' to this matter. As I ation Steven B. Soitman Esq. Soltman, Levitt, Fiaherty & Wattles LLP 90 E. Thousand Oaks Blvd. Suite 300 Thousand Oaks, Ca.91360 ' (805) 497—7706 15;}; (805) 497—1147 (fax) .—_ _|_:I.:l- l t? ((f‘ Page 1 of} Subj: Re: Andy Saberi v. BJ Interstate, Date: Safe AutoTranspcrt, et al ' ' 3/23/2016 8:24:29 PM. Pacific . ~— From: Daylight-Time " __ ' ssoltmantf‘Ltsifesoconi ' ' "" " " . To: Jdomskéi’daaolgoij ' CC: aiohnson@iohnsonclaimseeiIll'C (1) O CE . Dear Mr Dombrowski—' As indicated I to you in curinitial conversationl for the insurer for Bogdan Dedyk have been retained as coverage dba Safe Auto Transport and counsel " Johnson Claims Service (“JCS‘:’),'is the CQ.DQ?.I§F_>C_€_§EN the insured-As you know,-- appointed adjuster and is attemptingsto . . investigate the facts'and Circumstances make'contac‘t‘w’iththe im‘tji‘éti‘ttiw of the claim‘fTo date,~ the insured is'n'ot ' and has refuses to discuss the cooperating with the investioation facts and ha s referred all calls to 0294 In Sacramento. Both JCS his‘attorney Dmitrv Shchebenko 616- no response whatsoever. Please and l have left voice messages for the attorney and l have sent ( 918) feel to con tact him directly yourself. two letters with claim, it would be very helpful if ln addition, to aid in the you could to ' investigation of the respect to the facts of how the claim \" ‘ photos and evidence you have with , occurre Safe Auto Transports possession and contr Cl and an itemization and vehicle. Please note that the investigation estimate 0 b eing undertaken is subject issued to Safe Auto Transport. As to a full r soon as Safe Auto Transport complies cooperates in the investigation of the with i claim I will be in a position to 1,,‘ " .L» Please fonivard any available information properly eva ‘ ‘ you may have with respect to the claim any questions please contact me. Best as soon as possible .lfyou regards, Steve Soltman have Steven B. Soltman, Esq. Soltman, Levitt, Flaherty & Wattles, LLP 90 E. Thousand Oaks Blvd. Suite 300 I Thousand Oaks, CA 91360 .. ‘ (805) 497-7706 _ ,. (805).497.-1147.Fa>,<, t . -On Mar 23, 2016, at 10:49 AM, Jdomski©aolcom wrote: . ' Counsel, Since you have not filed a notice of appearance to date, attached is a j Continuance of the CMC. courtesy copy of the Notice of Please confirm whether you intend to file a notice ofappearanoe and, if so, when? Thank you, Jim In a message dated 3/7/2016 12:21:07 PM. Pacific Daylight Time, Jdomski@aol.com writes: Counsel, . Attached is plaintiffs CMS. Jim 3 ' James M. Dombroski, Esq. Law Offices of James M. Dombroski 2 ' PO. Box 751027 Petaluma. CA 94975—1027 Telephone: (707‘) 762—7807 Fax: (707') 769—0419 EXHIBIT 3 _.._.._...~_~s.._c.-_s_.;.::_‘ “he—s. - . 6 / L g ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Michael J. LeVangie, SBN 160163 1: v FOR COURT USE ONLY CM-1 1 0 a. LEVANGIE LAW GROUP _t., L”... 2021 N Street, Sacramento, CA 95811 TELEPHONE 443-4849 N0; (91 6) FAX N0. (Opfional): (91 6) 443.4855 michael.levangie@llg-law.com EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendant Bogdan Dedyk dba Safe Auto Transport SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREETADDRESS: 400 County Center MAIUNGADDRESS: 400 County Center CWANDZ'P CODE Redwood City, CA 94063 BRANCH NAME: PLAINTIFF/PETITIONER: ANDY SABERI DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC |NC., et al. ._ CASE-MANAGEMENT STATEMENT CASE NUMBER l:l ‘ (Check one): UNLIMITED CASE LIMITED CASE ClV 536294 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 26, 2016 Time: 9:00 am. Dept: 21 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Michael J. LeVangie INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Defendant Bogdan Dedyk dba Safe Auto Transport b. [:1 This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross—complainants only) a. b. :I The complaint was filed on (date): The cross-complaint, if any, was filed on (date): 3. a. b. I: Service (to be answered by plaintiffs and cross-complainants only) [:1 All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. The following partiesnamed in the complaint or cross—complaint (1)- C] have not been served (specifir names and explain why not): (2) I: have been served but have not appeared and have not been dismissed (specify names): (3) I: have had a default entered against them (specify names): c. I: The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case 3- Type Of case In complaint [:1 cross-complaint (Describe, including causes of action): Violation of the Song—Beverly Consumer Warranty Act Civil Code Section 1790 et seq., also known as ."Lemon Law", against Defendant Les Stanford; Fraud and Negligence Em ' Page 1 of 5 “nearest:221121.25: CASE MANAGEMENT STATEMENT CM-11O (Rev. July 1. 2011] www.caunsagov CMAJD. CASE NUMBER: PLAINTIFF/PETITIONER: ANDY SABERl CW 536294 DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC INC., et 3]. 11. Insurance a. Insurance carn'er, if any, for party filing this statement (name): OneBeacon b. Reservation of rights: Yes [:I No c. I:I Coverage issues will significantly affect resolution of this case (explain): ’ 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. I:I Bankruptcy [:1 Other (specify): Status: 13. Related cases, consolidation, and coordination ‘ a: .ElThere 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. I: 13. A motion to [:1 consolidate [:1 coordinate will be filed by (name party): 14. I: Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specilj/ moving party, type of motion, and reasons): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motion for Summary Judgment or, in the alternative, Summary Adjudication; Motions in Limine 16. Discovery a. [:1 The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Pam Description Date Defendant Safe Auto Transport Written Discovery June 2017 .. Defendant SafeflAuto Transport Depositions of percipient witnesses June 2017 Defendant Safe Auto Transport Supplemental Discovery June 2017 Defendant Safe Auto Transport Expert Witness Discovery and Depositions Per Code c. [j The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specifw: CM-11O [Rem July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT i . F CM-1 1 O CASE NUMBER PLAINTIFF/PETITIONER: ANDY SABER! — CIV 536294 DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC INC., et al. 17. Economic litigation a. I:] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures sections 90-98 will apply to this case. in Code b. I: of Civil Procedure . 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 ’ - [:1 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules are n.» a. c of Court (if not, explain): a b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, time of as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues' at the the case management conference, including the written authority of the party where required. Date: October 10; 2016 ’V K . 1 Michael J. LeVangie (TYPE OR PRINT NAME) /(SIGNATURE OF PARTY OR ATTORNEY) . (TYPE 0R PRINT NAME) i (SIGNATURE OF PARTY WNEY) ? [::| Additional signatures are attached. W- W 11°"! WW5 Cit-11° CASE MANAGEMENT STATEMENT CM-1 1 0 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address): Michael J. LeVangie, SBN 160163 LEVANGIE LAW GROUP 2021 N Street, Sacramento, CA 95811 TELEPHONE N0; 91 6443-4849 FAX N0. (Optional): 916.443.4855 michael.Ievangie@llg-Iaw.com EMAIL ADDRESS (Optional): _ Defendant Bogdan Dedyk dba Safe Auto Transport ATTORNEY FOR (Name; SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center MAILING ADDRESS: 400 County Center CITY AND ZIP CODE: Redwood City CA 94063 BRANCH NAME: PLAINTIFF/PETWIONER: ANDY SABERI DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC INC et al. CASE NUMBER: