Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNFY (Name, State Bar number and address)SBN FOR COURT USE ONLY
31 01 65
Rodney Mayr ESQ Mayr Law Firm PC
1010 W. Taylor St.
San Jose Ca 95126
TELEPHDNE No.:408-331-7606 FAX NO. (Optionor):
ROdney@mayrlaWfirm.COm
E-MAIL ADDRESS (Opdonalr.
ATTDRNEY FQR (Name): Austin AleraCOn and ROSaura ArCOS Paniagua
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MOnterey
sTREETADDREss: 1200 Aguajito Road
MAILINGADDREss:1200 Aguajito Road
cITY AND zIP coDE.
Monterey 93940
BRANGH NAME:Monte e Courthouse
PLAINTIFF/PETITIQNER: Louis Montano Jr. et al
DEFENDANT/REsPoNDENT: City of Salinas et al
(Check one): ~v
CASE MANAGEIIENT STATEMENT
UNLIMITED CASE
(Amount demanded
~ LIMITED CASE
(Amount demanded is $ 25,000
CASE NUMBER.
21CV003635
exceeds $ 25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 22, 2022 Time; 9:00 am Dept.: 14 Div.: Room;
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Rodney Mayr ESQ
INSTRUCTIONS: AII applicable boxes must be checked, and the specified information must be provided.
1.
a.
b.
~
Party or partlee (answer one):
~V'his
This statement is submitted by party (name):
statement is submitted jointly by parties (names): Austin Alaracon and Rosaura Arcos Paniagua
2. Complaint and cross-eomplrsint (to ba answered by plaintiffs and cross-complainat)tS Ot)ly)
b. ~
The complaint was filed on (date):
The Cf'OSS-complaint, if any, was flied on (date):
3.
a. ~
service
~
(to be nnswerEtd by p)ainttffs end cross-complsinants only)
All parties named ln the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b.
(1) ~
The following parties named in the complaint or cross-complaint
have not been served (specify nainea and exp)a(n why not):
(2) ~ have been sewed but have not appeared end heve not been dismissed (specify names):
(3) ~ have had a default entered against them (specify names)
c. ~ The following additional parties may he added (specify names, nature oflnvolvementin case,
they may be served):
and date by which
4. Description of ceee
Type of case in ~w complaint ~ cross-complaint (Descnbe. including causes of action):
This case arises out of injunes sustained during an auto acoidElnt that occurred during a police chase. The
causes of action are (1) Nagligelre, (2) PrefI1IM Liability (3) GOverrlrnental Liability
Pnn1ntd
Form Aoopleo Ior Mandatory Uee
Jud(olal Coutloll of Cdlifomld CASE MANAGEMENT STATEMENT Cel, Rules of Coutf.
J.rzv-J.T Jv
tulle's
I'M 11V [line July 1, VV11I
www rvuin'
ne tsnu
CM-110
CASE NUMBER;
PLAINTIFF/PETITIONER: Louis Montano Jr. et al
21CV003635
DEFENDANT/RESPONDENT: City of Salinas et al
4. b. Provide a brief statement of the case, including any damages. (Ifpersonalinjury damages are sought, specify theinjury and
damages claimed, including medical expenses to date (indicate source end amount), estimated future medical expenses, lost
earnings to date, end estimated future lost earnings. If equitable reliefis sought, describe the nature of the relief)
Plaintiffs were injured by a car that was involved in a police chase. The amount of damages is unknown to these
answering defendants at this time.
(If morespace is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request
requesting a jury
trial)'. ~v' jury trial~ a nonjury trial. (If more than one party, provide the name of each party
a.
b.
~
Trial date
~v
The tnal has been set for (date):
No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
April 11 to 15 Trial;May 16 to 20 Trial;
7. Estimated length of trial
a.
b.
~
The party or parties estimate that the trial will take (check one):
~ days (specify number): 5
hours (short causes) (specify).
Attorney:
8.
The party or parties will be represented at trial
a.
~
Trial representation (to be answered for each party)
by the attorney or party listed in the caption~ by the following:
b. Firm:
c. Address:
d. Telephone number. f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify 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 3.221 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel.
in l'ule
3.221
counsel ~ has ~ has not
to the client and reviewed ADR options with the client.
provided the ADR information package identified
(2) Forself-represented parties: Party H has H hasnot reviewedtheADRinformationpackage identifiedinruie3.221.
b.
(1) ~
Referral to Judicial arbitration or civil action mediation (if available).
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit,
(2) ~ Plaintiff elects to refer this case to Judicial arbitration and agrees to limit recovery to the amount specified in Code of
CivilProcedure section 1141 11.
(3) ~ This case is exempt from judicial arbitration under rule 3.811
of the California Ruler, of Coiirtnr from
mediation under Code ot Civil Procedure SeCtien 1776 et Seq. (Speoify eXemptiOn):
aotien
Civil
20iil
i'M-1IQ IRev. July i,
CASE IIANAGEMENT STATEMENT pniin 2 nf I
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Lpuis Mpntanp Jr. et al
21CV003635
EFENDANT/RESPONDENT: City pf Salinas et al
10. c. Indicate 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 a/I that apply and provide the speciTied infonmalion):
The party or parties completing If theparty 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'DR
processes (check all that apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement
Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
EH Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by
(detn).'eutral
evaluation completed on (date):
Judicial arbitration not yet scheduled
Nonbinding judicial Judicial arbitration scheduled for (date):
(4)
arbitration
Agreed to complete Judicial arbitration by (date):
Judicial arbitration completed on (date):
Pnvate arbitration not yet scheduled
Binding private
Private arbitration scheduled for (dele)
(5)
arbitration 'greed
to complele privale arbitralion by (dale).
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (dale):
(6) Other (speclfy);
Agreed to complete ADR session by (date);
ADR completed on (date)
CM-110 [Rov, JUIP 1, 2011] fIogo 5 of 8
CASE MANAGEMENT STATEMENT
CASE NUMBER:
PLAINTIFF/PETITIQNER: Louis Montano Jr. et al
21 CV003635
DEFENDANT/REsPQNDENT; City of Salinas et al
11.
a. ~
Insurance
Insurance carrier, if any, for party filing this statement (name):
W W
b.
c. ~
Reservation of rights: Yes No
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.
Status:
Bankruptcy C] Other (specify):
13.
~
Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
b.
~
H
(4) Status:
A motion to ~
Additional cases are described in Attachment 13a.
consolidate W coordinate will be filed by
(name party):
~
14. Bifurcation
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
The party or parties expect to file the following motions before trial (specify moving party,
type of motion,andissues):
IB.
a.
b.
~
Discovery
~V
The party or parties have completed all discovery.
The following discovery will be completed by the date specified (dcscnbe rill rinticlprited discovery)
Para ~Deecri tice Date
Defendants Alarcon and Paniagua Written interrogatories 7/31/2022
Defendants Alarcon and Paniagua Depositions 12/31/2022
Defendants Alarcon and Paniagua Independant Medical Examination 3/30/2022
Defendants Alarcon and Panlagua Expert Discovery Per Code
~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
UM-nU [R4V, .luly 1. e011J ul 5
CASE MANAGEMENT STATEMENT Vttiiet 4
CM-110
CASE NUMBER:
PLAINTIFF/PETITIQNER: Louis Montano Jr. et al
21 CV003635
pEFENpANT/RE$ PONpENT City of Salinas et al
17.
a.~
Economic litigation
case (I.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
This is a limited civil
b. ~ of Civil Procedure sections 90-98 will apply to this case.
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 specilfcally why economic litigation procedures relating to discovery or trial
should not apply to this case):
16.
~
Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Nleet and confer
a. ~v'he party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the CaliforniaRules
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 (if any):
Iam 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: 3/17l22
ROdr}ey Mayr ESQ
(TYPE OR PRINT NAME) (BIGNATU 0 PARTY OH ATTORNFY)
(WPE OR PRINT NAME)
~ (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-11(} [R+v. J
ly 1.011) PeMe uI II
CASE MANAGEMENT STATEMENT II
MAYR LAW FIRM
RODNEY N. MAYR, ESQ. SI3N ¹310165
1010 W. TAYLQR STREET
SAN JosE, CALIFORNIA 95126
Telephone: 408-331-7606
Fees&mile: 669-266-5612
Attorney for Defendants AUSTIN ALARCON AND ROSAVRA ARCOS PANIAGUA
SUPERIOR COURT OF CALI FORNIA
COUNTY OF MONTEREY
IOUIS MONTANO, JR.; LOUIE MONTANO CASE NO. 21CV003635
III; and MICHAEL MONTANO,
PROOF OF SERVICE FOR CMC
Plainti ffs, STATKMKNT OF DEFENDANT'S
AUSTIN ALARCON AND ROSAURA
ARCOS PANIAGUA
V.
CITY OF SALINAS; GINO'S
RESTAURANT, INC.; GINO'S FINE
ITALIAN I OOD, INC„BLFA PROPERTIES
LLC; NGOCHAO THI NGUYEN; RALPH
BOZZO; ROSAURA ARCOS PANIAGUA;
AUSTIN ALARCON; and DOES 1-35,
Defendants.
PROOF OF SERVICE
21
STATE OF CALIFORNIA, COUNTY OF SANTA CLARA
I, Rodney Muyr, um employed in the County of Santa Clara, State of California. I am
over the age of 18 and not a party to the within action; my business address is 1010 W. Taylor St.
Sun Jose, Ca.lifornia 95126.
On March 17, 2022, I served t.he document described us:
STA'I'L'ML'N'I'n
AUS'I'IN
this action by:
ALARCON'S AND ROSAURA ARCOS PANIAGUA'S CMC
MAYR LAW
I'lit M
IAIO W. Tali&i Sc
)vs', Ch 95126
bt'&ui
TIi408-.331-7lio~ r'aC rWlr: SVW rZWS(-Wt'
By sending. via electronic mail through Mayr I.aw Firm PC's electronic mail system.
Specifically from Rodne talma rlawfirm.com to the email address(es) set forth below or as
stated on the attached service list per agreement in accordance with Code of Civil Procedure
section 10106 and CRC Rule 2.251.
Attorne s for the Plaintiff:
Sergio Cardenas
Emily Ruby
Richard Al pers
10 GREENBERG & RUBY Injury Attorneys APC
6100 Wilshire Boulevard, Suite 1170
12 Los Angeles, CA 90048
13 ScardcnasQcaltrial ros.com
14 erub Aacaltrial ros,com
15 rca@al erslaw rou .com
16 Kdobroth kcaltrial ros.com
17
Attorne for Defendant Cit ol Salinas
19
20 Michael Mutalipassi, Esq.
21 CITY OF SALINAS, OFFICE OF THE CITY ATTORNEY
22 200 Lincoln Avenue
23 Sa1inns, CA 93901-2639
T; (831) 758-7256 (main)
T; (831) 758-7073 (direct)
26 F: (831) 758-7257
27 E: michaelmuQaci.salinas.ca.us; krystaIIQaci.salinas.ca.us
MAYTi T,AW
FIRM
l(i l(i w, 'I'sylnr st.
sm& JU&v., Ch ')312h
Ph $ 08-1'i I-7tiAti
J'05 CHIC'121'L&'hfC&NT
1 Attorne s for Defendants Ral h Bozzo BLFA Pro erties LLC and Gino's Fine Italian Food
2 Inc,
4 James J. Cook, Esq.
5 HORAN j
LLOYD, APC.
6 26385 Carmel Rancho Blvd., Suite 200
7 Carmel, CA 93923
8 T: (831) 373-4131
9 F: (831) 373-8302
10 E: cook e horanlc ~al,com
12 Attorne s for DefendantsN ochao TITAN u enandNTNPro ertiesLLC
13
14 Matt Zumstein, Esq.
15 Grant Hespeler, Esq,
16 LEWIS BRISBOIS BISGAAIG) k SMITH
17 2185 N. California Blvd., Suite 300
18 Walnut Creek, CA 94596
19 T: (825) 478-3257
20 E: matthewzumstein(Pi„lewisbrisbois.corn; grant,hespeler@lewisbrisbois.corn;
21 nicole.tavis(c51ewisbrisbois.corn
22
23 Executed on March 17, 2022, at San,lose, California.
24 ldeclare under penalty of perjury under th» laws of the State of California that the above
25 is true and correct.
27
ROD EY N. MAYR
MAYR LAW
FIRM
1(l'I (I W. 'I'&&ylor 'SI.
san Jose, (.'A 95126
I'li 40II-331-7()0ti PQS'C'hfC RTATf'hff NT
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNFY (Name, State Bar number and address)SBN FOR COURT USE ONLY 31 01 65 Rodney Mayr ESQ Mayr Law Firm PC 1010 W. Taylor St. San Jose Ca 95126 TELEPHDNE No.:408-331-7606 FAX NO. (Optionor): ROdney@mayrlaWfirm.COm E-MAIL ADDRESS (Opdonalr. ATTDRNEY FQR (Name): Austin AleraCOn and ROSaura ArCOS Paniagua SUPERIOR COURT OF CALIFORNIA, COUNTY OF MOnterey sTREETADDREss: 1200 Aguajito Road MAILINGADDREss:1200 Aguajito Road cITY AND zIP coDE. Monterey 93940 BRANGH NAME:Monte e Courthouse PLAINTIFF/PETITIQNER: Louis Montano Jr. et al DEFENDANT/REsPoNDENT: City of Salinas et al (Check one): ~v CASE MANAGEIIENT STATEMENT UNLIMITED CASE (Amount demanded ~ LIMITED CASE (Amount demanded is $ 25,000 CASE NUMBER. 21CV003635 exceeds $ 25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 22, 2022 Time; 9:00 am Dept.: 14 Div.: Room; Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Rodney Mayr ESQ INSTRUCTIONS: AII applicable boxes must be checked, and the specified information must be provided. 1. a. b. ~ Party or partlee (answer one): ~V'his This statement is submitted by party (name): statement is submitted jointly by parties (names): Austin Alaracon and Rosaura Arcos Paniagua 2. Complaint and cross-eomplrsint (to ba answered by plaintiffs and cross-complainat)tS Ot)ly) b. ~ The complaint was filed on (date): The Cf'OSS-complaint, if any, was flied on (date): 3. a. ~ service ~ (to be nnswerEtd by p)ainttffs end cross-complsinants only) All parties named ln the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. (1) ~ The following parties named in the complaint or cross-complaint have not been served (specify nainea and exp)a(n why not): (2) ~ have been sewed but have not appeared end heve not been dismissed (specify names): (3) ~ have had a default entered against them (specify names) c. ~ The following additional parties may he added (specify names, nature oflnvolvementin case, they may be served): and date by which 4. Description of ceee Type of case in ~w complaint ~ cross-complaint (Descnbe. including causes of action): This case arises out of injunes sustained during an auto acoidElnt that occurred during a police chase. The causes of action are (1) Nagligelre, (2) PrefI1IM Liability (3) GOverrlrnental Liability Pnn1ntd Form Aoopleo Ior Mandatory Uee Jud(olal Coutloll of Cdlifomld CASE MANAGEMENT STATEMENT Cel, Rules of Coutf. J.rzv-J.T Jv tulle's I'M 11V [line July 1, VV11I www rvuin' ne tsnu CM-110 CASE NUMBER; PLAINTIFF/PETITIONER: Louis Montano Jr. et al 21CV003635 DEFENDANT/RESPONDENT: City of Salinas et al 4. b. Provide a brief statement of the case, including any damages. (Ifpersonalinjury damages are sought, specify theinjury and damages claimed, including medical expenses to date (indicate source end amount), estimated future medical expenses, lost earnings to date, end estimated future lost earnings. If equitable reliefis sought, describe the nature of the relief) Plaintiffs were injured by a car that was involved in a police chase. The amount of damages is unknown to these answering defendants at this time. (If morespace is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request requesting a jury trial)'. ~v' jury trial~ a nonjury trial. (If more than one party, provide the name of each party a. b. ~ Trial date ~v The tnal has been set for (date): No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): April 11 to 15 Trial;May 16 to 20 Trial; 7. Estimated length of trial a. b. ~ The party or parties estimate that the trial will take (check one): ~ days (specify number): 5 hours (short causes) (specify). Attorney: 8. The party or parties will be represented at trial a. ~ Trial representation (to be answered for each party) by the attorney or party listed in the caption~ by the following: b. Firm: c. Address: d. Telephone number. f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify 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 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel. in l'ule 3.221 counsel ~ has ~ has not to the client and reviewed ADR options with the client. provided the ADR information package identified (2) Forself-represented parties: Party H has H hasnot reviewedtheADRinformationpackage identifiedinruie3.221. b. (1) ~ Referral to Judicial arbitration or civil action mediation (if available). This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit, (2) ~ Plaintiff elects to refer this case to Judicial arbitration and agrees to limit recovery to the amount specified in Code of CivilProcedure section 1141 11. (3) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Ruler, of Coiirtnr from mediation under Code ot Civil Procedure SeCtien 1776 et Seq. (Speoify eXemptiOn): aotien Civil 20iil i'M-1IQ IRev. July i, CASE IIANAGEMENT STATEMENT pniin 2 nf I CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Lpuis Mpntanp Jr. et al 21CV003635 EFENDANT/RESPONDENT: City pf Salinas et al 10. c. Indicate 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 a/I that apply and provide the speciTied infonmalion): The party or parties completing If theparty 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'DR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): EH Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (detn).'eutral evaluation completed on (date): Judicial arbitration not yet scheduled Nonbinding judicial Judicial arbitration scheduled for (date): (4) arbitration Agreed to complete Judicial arbitration by (date): Judicial arbitration completed on (date): Pnvate arbitration not yet scheduled Binding private Private arbitration scheduled for (dele) (5) arbitration 'greed to complele privale arbitralion by (dale). Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (dale): (6) Other (speclfy); Agreed to complete ADR session by (date); ADR completed on (date) CM-110 [Rov, JUIP 1, 2011] fIogo 5 of 8 CASE MANAGEMENT STATEMENT CASE NUMBER: PLAINTIFF/PETITIQNER: Louis Montano Jr. et al 21 CV003635 DEFENDANT/REsPQNDENT; City of Salinas et al 11. a. ~ Insurance Insurance carrier, if any, for party filing this statement (name): W W b. c. ~ Reservation of rights: Yes No 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. Status: Bankruptcy C] Other (specify): 13. ~ Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: b. ~ H (4) Status: A motion to ~ Additional cases are described in Attachment 13a. consolidate W coordinate will be filed by (name party): ~ 14. Bifurcation 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion,andissues): IB. a. b. ~ Discovery ~V The party or parties have completed all discovery. The following discovery will be completed by the date specified (dcscnbe rill rinticlprited discovery) Para ~Deecri tice Date Defendants Alarcon and Paniagua Written interrogatories 7/31/2022 Defendants Alarcon and Paniagua Depositions 12/31/2022 Defendants Alarcon and Paniagua Independant Medical Examination 3/30/2022 Defendants Alarcon and Panlagua Expert Discovery Per Code ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): UM-nU [R4V, .luly 1. e011J ul 5 CASE MANAGEMENT STATEMENT Vttiiet 4 CM-110 CASE NUMBER: PLAINTIFF/PETITIQNER: Louis Montano Jr. et al 21 CV003635 pEFENpANT/RE$ PONpENT City of Salinas et al 17. a.~ Economic litigation case (I.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code This is a limited civil b. ~ of Civil Procedure sections 90-98 will apply to this case. 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 specilfcally why economic litigation procedures relating to discovery or trial should not apply to this case): 16. ~ Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Nleet and confer a. ~v'he party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the CaliforniaRules 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 (if any): Iam 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: 3/17l22 ROdr}ey Mayr ESQ (TYPE OR PRINT NAME) (BIGNATU 0 PARTY OH ATTORNFY) (WPE OR PRINT NAME) ~ (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-11(} [R+v. J ly 1.011) PeMe uI II CASE MANAGEMENT STATEMENT II MAYR LAW FIRM RODNEY N. MAYR, ESQ. SI3N ¹310165 1010 W. TAYLQR STREET SAN JosE, CALIFORNIA 95126 Telephone: 408-331-7606 Fees&mile: 669-266-5612 Attorney for Defendants AUSTIN ALARCON AND ROSAVRA ARCOS PANIAGUA SUPERIOR COURT OF CALI FORNIA COUNTY OF MONTEREY IOUIS MONTANO, JR.; LOUIE MONTANO CASE NO. 21CV003635 III; and MICHAEL MONTANO, PROOF OF SERVICE FOR CMC Plainti ffs, STATKMKNT OF DEFENDANT'S AUSTIN ALARCON AND ROSAURA ARCOS PANIAGUA V. CITY OF SALINAS; GINO'S RESTAURANT, INC.; GINO'S FINE ITALIAN I OOD, INC„BLFA PROPERTIES LLC; NGOCHAO THI NGUYEN; RALPH BOZZO; ROSAURA ARCOS PANIAGUA; AUSTIN ALARCON; and DOES 1-35, Defendants. PROOF OF SERVICE 21 STATE OF CALIFORNIA, COUNTY OF SANTA CLARA I, Rodney Muyr, um employed in the County of Santa Clara, State of California. I am over the age of 18 and not a party to the within action; my business address is 1010 W. Taylor St. Sun Jose, Ca.lifornia 95126. On March 17, 2022, I served t.he document described us: STA'I'L'ML'N'I'n AUS'I'IN this action by: ALARCON'S AND ROSAURA ARCOS PANIAGUA'S CMC MAYR LAW I'lit M IAIO W. Tali&i Sc )vs', Ch 95126 bt'&ui TIi408-.331-7lio~ r'aC rWlr: SVW rZWS(-Wt' By sending. via electronic mail through Mayr I.aw Firm PC's electronic mail system. Specifically from Rodne talma rlawfirm.com to the email address(es) set forth below or as stated on the attached service list per agreement in accordance with Code of Civil Procedure section 10106 and CRC Rule 2.251. Attorne s for the Plaintiff: Sergio Cardenas Emily Ruby Richard Al pers 10 GREENBERG & RUBY Injury Attorneys APC 6100 Wilshire Boulevard, Suite 1170 12 Los Angeles, CA 90048 13 ScardcnasQcaltrial ros.com 14 erub Aacaltrial ros,com 15 rca@al erslaw rou .com 16 Kdobroth kcaltrial ros.com 17 Attorne for Defendant Cit ol Salinas 19 20 Michael Mutalipassi, Esq. 21 CITY OF SALINAS, OFFICE OF THE CITY ATTORNEY 22 200 Lincoln Avenue 23 Sa1inns, CA 93901-2639 T; (831) 758-7256 (main) T; (831) 758-7073 (direct) 26 F: (831) 758-7257 27 E: michaelmuQaci.salinas.ca.us; krystaIIQaci.salinas.ca.us MAYTi T,AW FIRM l(i l(i w, 'I'sylnr st. sm& JU&v., Ch ')312h Ph $ 08-1'i I-7tiAti J'05 CHIC'121'L&'hfC&NT 1 Attorne s for Defendants Ral h Bozzo BLFA Pro erties LLC and Gino's Fine Italian Food 2 Inc, 4 James J. Cook, Esq. 5 HORAN j LLOYD, APC. 6 26385 Carmel Rancho Blvd., Suite 200 7 Carmel, CA 93923 8 T: (831) 373-4131 9 F: (831) 373-8302 10 E: cook e horanlc ~al,com 12 Attorne s for DefendantsN ochao TITAN u enandNTNPro ertiesLLC 13 14 Matt Zumstein, Esq. 15 Grant Hespeler, Esq, 16 LEWIS BRISBOIS BISGAAIG) k SMITH 17 2185 N. California Blvd., Suite 300 18 Walnut Creek, CA 94596 19 T: (825) 478-3257 20 E: matthewzumstein(Pi„lewisbrisbois.corn; grant,hespeler@lewisbrisbois.corn; 21 nicole.tavis(c51ewisbrisbois.corn 22 23 Executed on March 17, 2022, at San,lose, California. 24 ldeclare under penalty of perjury under th» laws of the State of California that the above 25 is true and correct. 27 ROD EY N. MAYR MAYR LAW FIRM 1(l'I (I W. 'I'&&ylor 'SI. san Jose, (.'A 95126 I'li 40II-331-7()0ti PQS'C'hfC RTATf'hff NT