Bulk Scanned Documents

Cal. Super. - 6th Dist.May 17, 2019

\ SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CRUZ D Santa Cruz ' U Watsonville Branch 701 Ocean Street, Room 110 ' 1 Second Street, RoOm 300 Santa Cruz, CA 95060 ’ Watsonville, CA 95076 ' 'Anna Florés v. Gabinp Amaya RECEIPT FOR RECORDS » 'CASEfgé V1839 4'Ezgggaég 4;, TO: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA, Please sign and return this receipt for the following documents checked op the attached Case Summary. 3 Dahe: Og/Ifi/Iq ALEX CALVO,Clerk,by©m/®‘_O ,Députy'Vl Above documents réceiv‘ed on'(date): MAY 1 '7 2019 zgcvgégahé _ GiVen your Court # R'TIEN 77/11 h - , Clerk . v" V _ ‘ By: - . ‘ , Deputy SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CRUZ CASE SUMMARY CASENonevomfi 1'9 C V34s8-0 0 ‘3: Location: Civil Judicial Officer: Burdick, Paul Filed on: 07/12/2018 Anna Flores, et a1: vs - . Gabino Amaya, et al mmmm CASE INFORMATION Case Type: (22) Unlimited Auto Case Status: 07/12/2018 Active DATE CASE ASSIGNMENT Current Case Assignment Case Number 18CV02036 Court Civil Date Assigned - 07/13/2018 8:15 AM Judicial Officer Burdick, Paul PARTY INFORMATION , Lead Attorneys Plaintiff Flores, Anna V ‘ ' Holder, Nicholas L. Retained 83 1-688-0163(W) Flores, Daniel Paul Holder, Nicholas L. Retained 831-688-0163(W) Defendant Amaya, Gabino Crispin - Rector, Thomas A _ Retained 415-362-2580(W) Perez, Luis DATE EVENTS & ORDERS 0F THE COURT _ INDEX EVENTS 07/12/2018 New Filed Case V Created: 07/13/2018 8:15 AM 07/12/2018 Civil Case Cover Sheet Created: 07/13/2018 8:16 AM 07/12/2018 Summons Issued / Filed Created: 07/13/2018 8:16 AM 07/12/2018 Complaint Filed Created: 07/13/2018 8:16 AM 11/ 13/201 3 Case Management / Status Conference Statement , Case Management Statement Party: Plaintiff Flores, Anna; Plaintiff Flores, Daniel Paul Created: 11/13/2018 12:07 AM 01/28/2019 I E Answer / Response / Denial - Unlimited PAGE l OF 3 ‘ . Printed on 05/13/2019 a! 10:58 AM 02/07/20 1 9 02/13/2019 02/13/2019 03(19/2019 03/29/2019 07/13/2018 11/14/2018 02/13/2019 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CRUZ CASE SUMMARY CASE N0. 18CV02036 DEFENDANT GABINO AMA YA ’SANSWER T0 PLAINTIFFS’ UNVERIFIED COMPLAINT Party: Defendant Amaya, Gabino Crispin Created: 01/29/2019 9:44 AM Case Management/ Status Conference Statement Case Management Statement Party: Plaintiff Flores, Anna; Plaintiff Flores, Daniel Paul Created: 02/08/2019 8:21 AM Notice I Notice ofPosting Jury Fees Party: Defendant Amaya, Gabino Crispin Created: 02/13/2019 11:29 AM Case Management/ Status Conference Statement Party: Defendant Amaya, Gabino Crispin Created: 02/13/2019 11:29 AM Stipulation & Order t0 Transfer Venue Party:' Defendant Amaya, Gabino Crispin Created: 03/15/20’19- 12:27 AM Case Management / Status Conference Statement Party: Plaintiff Flores, Anna; Plaintiff Flores, Daniel Paul‘ Created: 03/29/2019 1:57 PM r Case Management Conference Notice Sent (Judicial Officer: Burdick, Paul Date: 11/14/2018 Prepared By: Receiving Party: 'Receiving P'arty Address: Berg, Adam Holder, Nicholas L. Buckwalter & Holder 9053 Soquel Drive Ste 206 Aptos, CA 95003-4034 HEARINGS ‘ §Q Case Management Conference (8: 30 AM) (Judicial Officer: Burdick, Paul ;Location: Santa Cruz Department 5) MINUTES Held; Journal Entry Details: Counsel advises the Court that this matter was incorrectlyfiled z'n Santa Cruz County. The Court and counsel discuss the issues ofvenue. Counsel is directed to serve the defendant and meet and confer on a stipulation to change venue to Santa Clara County. The Court sets this matterforfurther case management on 2/13/19. Updated Case Management Conference ‘ ' Statements are t0 be filedprior to h.earing N0 appearance is necesswy and the matter will be taken offcalendar tfa stipulationfor change ofvenue isfiled with the court; Held Parties Present: Attorney Holder, Nicholas L. SCHEDULED HEARINGS Further Case Management Conference (02/13/2019 at 8:30 AM) (Judicial Officer: Burdick, Paul ;L0cation: Santa Cruz Department 5) Held Parties Present: Attorney Holder, Nicholas L. Created: 11/14/2018 9:19 AM Created: 07/13/2018 8:15 AM I Further Case Management Conference (8:30 AM) (Judicial Officer: Burdick, Paul ;Location: Santa Cruz Department 5) . PAGE 2 OF 3 Printed on 05/13/2019 at 10:58 AM SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CR'UZ CASE SUMMARY CASE No. 18cv02036 ' MINUTES Held; Journal Entry Details. Nicholas Holder, attorney is specially appearingfor attorney Cherie Edson. Mr Holder advises the Court a stipulation t0 change venue has been reached and shall be submitted soon. N0 appearance is necessary and the matter will be taken offcalendar {fcase has been _ transferred to Santa Clara County; Held Parties Present: Attorney Holder, Nicholas L. SCHEDULED HEARINGS E Further Case Management Conference (04/15/2019 at 8:30 AM) (Judicial Officer. Burdick, Paul ;Location: Santa Cruz Department 5) Held Created: 02/1 3/2019 10:04 AM Created: 11/14/2018 9:19 AM Further Case Management Conference (8:30 AM) (Judicial Officer: Burdick,04/15/2019 Paul ;Locati0n: Santa Cruz Department 5) Held; Journal Entry Details: Alden Peterson, attorney is specially appearingfor Plaintifl Cherie Edson, attorney is appearing telephonically on behalfofDefendant. An Order t0 Transfer Venue was signed on 03/19/19. Mr. Peterson advises the Court that.transferfees have been submitted. The Court ' orders the matter oflcalendaru' Held Created: 02/13/2019 10:04 AM SERVICE 07/12/2018 30 Day Summons Amaya, Gabino Crispin Issued Perez, Luis Issued Created: 07/13/2018 8:16 AM DATE FINANCIAL INFORMATION Defendant Amaya, Gabino Crispin Total Charges 585.00 Total Payments and Credits 585.00 Balance Due as of 5/13/2019 0.00 01/29/2019 Charge Defendant Amaya, Gabino Crispin 435.00 01/29/2019 EFile Payment Receipt # 2019-006400 Defendant Amaya, Gabino Crispin (435.00) 02/13/2019 Charge Defendant Amaya, Gabino Crispin 150.00 02/1 3/2019 EFile Payment Receipt # 2019-009497 Defendant Amaya, Gabino Crispin ' (150.00) ' Plaintiff Flores, Anna Total Charges 455.00 . Total Payments and Credits 455.00 Balance Due as of 5/13/2019 0.00 07/13/2018 Charge Plaintiff Flores, Anna 435.00 07/13/2018 EFilc Payment Receipt # 2018-039532 Plaintiff Flores, Anna (435.00) 03/15/2019 Charge Plaintiff Flores, Anna 20.00 03/15/2019 EFile Payment Receipt # 2019-015 109 Plaintiff Flores, Anna (20.00) PAGE 3 OF 3 Printed on 05/13/2019 at 10:58 AM Superior Court of California, Santa‘ Cruz MINUTE ORDER lgcvsfiaawa Anna Flores, et al ~1-86V92636- vs .. Gabino Amaya, et al Heard By: ‘ Burdick, Paul Santa cruz Department 5 . VFurther Case Management Conference ' Courtroom Clerk: Sandra Gonzalez - oft/lslzmg Courtroom Reporter: No Reporter 8'30 AM ' 9'30 AM \ r Parties Present: Alden Peterson, attorney is speéially appearing for Plaintiff. Cherie Edson, attorney is appearing telephonically on behalf of Defendant. An Order to Transfer Venue was signed on 03/19/19. Mr. Peterson advises’the Court that transfer_ fees have been submitted. The Court orders the matter off calendar. CM-1 1 0 ATrORNEY 0R PARTY WITHOUT ATTORNEY (Name State Barnumber. and "“ FOR counr USE ONLY Nicholas L. Holder (SBN 29534_8). _ MAY 1 7 2019 ' Buckwalter _& Holder, a_n Associatlon of Attorneys . ELECTRONICALLY FILED 9053 Soquel Dn‘ve Suite 206, Aptos CA 95003 Clerk of the Com SUPerior Court 0f California TELEPHONE No.1 (831) 688-0163 FAX NQ W Coufl 0' CA Counly 0| Santa C urn county Of santa cruz E MAILADDREss (Optimal). nicholas@buckwalterlaw.cmn-flNfibbnEfi UT‘3/29/201 9 1 :08 PM ATrORNEY FORrName): Anna Flores and Daniel Paul Flores (Plaintiffs) Aiex calvov Clerk SUPERIOR counT 0F CALIFORNIA, COUNTY 0F Santa Cruz BYE Adam Berg. DePUtY STREETADDRESS: 701 Ocean Street MAIUNG ADDRESS: 701 Ocean Street _ C'TY AND ZIP CODE: Santa Cruz. CA 95062 ' BRANCH NAME Downtown Civil PLAINTIFFIPETITIONER: Anna Flores and Daniel Paul Flores DEFENDANT/RESPONDENT: Gabino Crispin Amaya , Luis Perez dba GRA Towing CASE MANAGEMENT STATEMENT V CASE NUMBER: (Check one): - UNLIMITED CASE E LIMITED CASE ‘ 6V62636- (Amountdemanded (Amountdemanded is $25,000 1 g C V 3 % 8 G 0 4. . exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 04/1 5/2019 Tlme: 8:30 AM Dept; Div.: Room: Address of court (if different fi'om the address above): ' E Notice of Intent to Appear by'Telephohe, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1.' Party or parties (anéwer one): a. This statement is submitted by party (name): Anna and Daniel Flores (plaintiffs) b. ‘E This statement is submitted jointly by parties (names): 2. Complaint and cross-gom plaint (to b9 answered by plaintiffs and cross-compléinants only) a. The complaint was filed on (date): July 12. 2018 - b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cmss-complainants only) a. E All parties named In the complaint and cross-compiaint have been served have appeared 0r have been dismissed. b. E The following parties named In the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) m have been served bLIt have not appeared and have not been dismissed (specify names): Luis Perez dba GRA Towing (3) E have had a default entered against them (specify names): c E The following additional parties may be added (special names, nature ofinvolvement In case, and date by which they may be served). 4. Description of case I 3- TVPe 0f 0359 In - complaint E cross-complaint (Describe, including causes of action): On July 12, 201 6, Plaintiffs sustained injury from an auto collision caused by Defendants‘ negligent driving. ' Page 1 o! 5mmwm . CASEMANAGEMENTSTATEMENT ' 121111212- CM-110 [Rem July 1. 2011] www.oouns.ca.gov CM-1 1 0 PLAINTIFF/PETITIONER: Anna Flores and Daniel Paul Flores 0258533355":_ ' .. 20 6 DEFENDANT/RESPONDENT: Gabino Crispin Amaya , Luis Perez dba GRA Townng 3 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date findicate‘source and amounU, estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable reliefis sought, describe the nature of the relief.) Plaintiffs seek damages for past and future personal'Injury, wage loss hospital and medical expenses, general damage. loss of earning capacity emotional distress, pain and suffering, and other damages. ' E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) > ' 5. Jury or nonjury trial V The party or parties request E a jury trial E a nonjury trial. (If more than one party, provide the name of each party requesting a jury tn‘al): ' 6. Trial date ' a. E The trial has been set for (dale). b. m No tial 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): I c. Dates on which parties or attomeys will not be available for tn'al (specify dates and explain reasons for unavailability): 7. Estimated length of trial The pany or parties estimate that the tial will take (check one): a - days (specify number): 4 5 b. E hours (short causes) (specify): 8. Trial representation (to be enswered for each paIty) _ The party or parties will be represented at trial m by the attorney or party listed in the caption E ' by the following: a. Attorney: . v b. Firm: c. Address: d. Telephone number. ' f. Fax number. E-mail address:em Additional representation ls described In Attachment 8. '9. PreferenceE 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: Counsel - has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. g. Party represented: (2) For self-represented parties: Party D has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or clvll action mediation (if available). (1) E This matter"Is sutaect to man_datory judicial arbitration under Code of'Civil Procedure section 1141. 11 or to civil action mediationl under ode of Civil Procedure section 1775.3 because the amount Ir'I controversy does not exceed the statutory imit. (2) D Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified In Code of Civil Procedure section 1141. 11. (3) [j This case is exempt from judicial arbitration under rule 3.811 of the California Rules of CoIIrtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“NReV-M 1- 2°11] I CASE MANAGEMENT STATEMENT "982°” CM-1 10 PLAINTIFF/PETITIONER: Anna Flores and Daniel Paul Flores CASE NUMBER: DEFENDANT/RESPONDENTZ Gabino Cn'spin Amaya ,‘Luis Perez dba GRA Towing 1 8CV02036 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 all that apply and provide the specified infomIation): The part'y or parties completing this form are willing to participate in the following ADR processes (check all thatapply): lf the party or parties completing this form in the case have agreed to participate in or have already compieted an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR stipulation): (1) Mediation , Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): V (2) Settlement conference Settlement conference Inot yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date); (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluétion scheduled for (date): Agreed to complete neutrai evaluation by (date): Neutral evaluatien c'or'npietedxon (date): (4) Nonbinding judicial arbitration Judicial arbitration not‘yet scheduled I Judicial arbitration scheduled for (date): Agreed to complete judiCial erbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled I Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): . DUDE DUDE DUDE DUDE DUDE DUDE] ADR'session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR- completed on (date): CM-110 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT _ ”Mo's PLAINTIFF/PETITION'ERL Anna Flores and Daniel Paul Flores CASE ”UMBER ~ . DEFENDANT/RESPONDENT; Gabino Crispin Amaya , Luis Perez dba GRA Towing 180V02036 11. Insurance a. E Insurance carn'er, if any, for party filing this statement (name): b. Reservation ofrights. E AYes' E No c. E Coverage issues will significantly affect resolution of this case (explain); 12. Jurisdiction i Indicate any matters that may affect the court‘s jurisdiction or processing of this case and describe the statusE Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordinationE There are companion, underlying, or related uses. A (1) Name of case: - (2) Name of court (3) Case number: (4) Status:E Additional cases are described'In Attachment 13a b. D A motion,to E consolidate E coordinate will be filed by (name party): 14. BifurcationE The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or'causes of . action (specify moving party, type of motion, and reasons): 15. Other motions . E The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. E 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 D_ate PLAINTIFFS WRITTEN DISCOVERY (SET ONE) 02/201 9 >PLA|NTIFFS DEPOSITION OF DEFENDANT ~ 04/2019 PLAINTIFFS ADDITIONAL DISCOVERY 06/201 9 PLAINTIFFS MOTIONS/EXPERT DEPOSITIONS , PER'CODE / c_ E The following discovery issues, including issues regarding the discovery ,of electronically stored information are anticipated (specify): 9M-“0IRW- “I 1- 20-“! CASE MANAGEMENT STATEMENT Page 4 of 6 CM-110 PLAINTIFF/PETITIONER: Anna Flores and Daniel Paul Flores CASE NUMBER: EEFENDANTlRESPONDEN-n Gabino-Crispin Amaya , Luis Perez dba GRA Towing 180V02036 17. Economic litigation a. E This'Is a limited civil case (i. e., the amount demanded'Is $25 000 or less) and the economic litigation procedures'In Code of Civil Procedure sections 90-98 will apply to this case \ b. D 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 issuesE The party or parties request that the following‘additional matters be considered or determined at the case management conference (speciM: Parties have stipulated and Court has ordered transfer of this case to Santa Clara County. Transfer fees will be paid prior to CMC to avoid need to appear. 19. Meet and confer a m The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3 724 of the California Rules of Court the parties agree on the following (SPECIM' 20. Total number of pages attached (if any): 0 > | am completely familiar with this case ahd will be fully prepared to discuss thestatus of discovery and alternative dispute resolutioh. as well as other issues raised by this statement. and will possess the authority to enter into stipulati these issues at‘the time of the case management conference. including the written authority of the party whegelequired. . f "k Date: 03/28/2019 Nicholas L. Holder - l (TYPE OR PRINT NAME) = ATU OF ARTY OR ATTORNEY) (TYPE 0R PRINT NAME) ' (SIGNATURE 0F PARTY 0mm“ ' D Additional signatures are attached.- CM-“MReV-“v 11°11] CASE MANAGEMENT STATEMENT Mm” 1’) SG V ELECTRONICALLY RECEIVED 12:2 PM3/1 5/2019 0 Filed LEWIS BRISBOIS BISGAARD & SMITH Lu» March 19. 201 9 THOMAIS A]. RECTOR, SB? 1991175 Alex Calvo, Clerk E-Mai : T1omas.Rector@ cwis risbois.com CHERIE J. EDSON, SB# 208598 DBy Gonga'etz’ gandg tE-Mail: Cherie.Edson@lewisbrisbois.com e ty' an .ruz oun y 333 Bush Street, Suite 1100 53137413 Em ’- San Francisco, California 94104-287 Telephgne: 415.362.2580 . ' FaCSImlle: 415.434.0882 MAY 1 7 2mg Attorneys for Defendant GABINO CRISPIN AMAYA Clerk of the Court . Superior Cotfi oifimunly San‘a Eilara‘ BY ' DhPU 1 Y SUPERIOR COURT OF THE STE 1 E%F CALIFORNIA COUNTY OF SANTA CRUZ 19cv348094 ANNA FLORES and DANIEL PAUL CASE NO.-1-8€V02036- FLORES, H \DWQGKUIhOJN Hb-AI-I NH: ' STIPULATIONAND [PROPOSEDI Plaintiffs, ORDER T0 TRANSFER VENUE HU3 vs. AsSigned for All Purposes To: Hon. Paul Burdick, Dept. 5 GABINO CRISPIN AMAYA, LUIS PEREZ dba GRA TOWING SERVICES and DOES 1 to 100, HHI-t QUIfi Defendants. ' Action Filed: July 12, 201 8 Trial Date: None SetHq IT IS HEREBY STIPULATED by and between Plaintiffs ANNA FLORES and DANIEL t-tH \DW PAUL FLORES (“Plaintiffs”) and Defendant GABINO CRISPIN AMAYA (“Defendant”), NG collectively referred to hereinafier as “the Parties,” through their respective counsel of record, as NH follows: NN WHEREAS, the cas'e ofAnna Flores and Daniel Paul Fibres v. Gabino'Crispin Amaya, NOJ Luis Perez dba GRA Towing Services and Does I t0 100, Case No. 18CV02036, was filed on July N& 12, 2018, in Santa Cruz County Superior Court; NUl WHEREAS, defendant Gabino Crispin Amaya resides in San Jose, in Santa Clara County Na and was served with the summons and complaint on November 21, 201 8; _ N\l WHEREAS, the alleged motor vehicle accident giving rise to this action occurred on NW EEWI highway 280 southbound in Sah Jose, California , Santa Clara County; BRISBOI 4851-8839-2584J S _ STIPULATION AND [PROPOSED] ORDER TO TRANSFER VENUE 1! WHEREAS, GRA Towing Services’ principal place of business at the time of the accident was in San Jose, in Santa Clara County; WHEREAS, the Complaint w'as erroneously filed in Santa Cruz County Superior Court; THEREFORE, 1T IS HEREBY STIPULATED AND AGREED by the Parties pursuant to Code of Civil Procedure sections 395, 395.5, and 397 that: 1. The venue ofthe action Anna Flofis and Daniel Paul Flores v. Gabino Crispin Amayd, Luis Perez dba GRA Towing Services and Does I to 100, Case No. 18CV02036, filed on July 12, 201 8, shall be transferred from Santa Cruz County Superior Court to Santa Clara County Superior @MQGUIAWNH Court, located at 191 N. First Street, San Jose, California. H . G 2. The parties agree‘fhat any statute of limitations defense will relate to the original filing date ofthe complaint in this matter which is July 12, 2018. Hid Nr-I 3. Pursuant to Code of Civil Procedure section 399(a), Plaintiff will post the fees for hi OJ transferring this action and for filing papers in the County of Santa Clara Superior Court before the pdA transfer is made. 4. The parties agree that Defendant will reimburse Plaintiff for 50% (one-half) of the fees Hl-l GUI posted by Plaintiff for transferring this action and for filing papers in the County of Santa Clara Hq Superior Court no later than 30 days after said fees are posted. Hm IT IS SO STIPULATED. Np- cw DATED: February 27, 2019 NNNH NQ3 NA ANNA FLORES and DANIEL PAUL FLORES NNNN W4€NUI EEWI B RISBOI 4851 -8839-2584.l 2 S STIPULATION AND [PROPOSED] ORDER TO TRANSFER VENUE WI DATED: February 12, 2019 LEWIS BRISBOIS IBISGAARD & SMITH LLP By: Cherie J. Edson Attorneys for Defendant ‘ GABINO CRISPIN AMAYA‘WWQQM$WNH ' N HHHHHHHHHH gfififififi‘Sngaqqmamunc EEWI BRISBOI 4851-8839-2584J 3 s STIPULATION AND. [PROPOSED] ORDER TO TRANSFER VENUE ‘1’ ‘ 1 PROPOSED ORDER - 2 The panics hereto having so stipulated, IT IS HEREBY ORDERED that the above- ' 3 referenced casé is hereby transferred to the Superiot Court of the State of California, in and for the 4 County of Santa Clara. The_clerk of this Couft is authorized to transfer all pleadings and papers 5 herein-to the clerk 9fthe Santa Clara Superior Court I ~ 6 Plaintiff is t6 post the fees for transferring this action and for filing papers in the Connty of 7 Santa Clara Superior Court . 8 SO ORDERED. 9 A 3/1 9/1 9 10 DATED: 12 PAUL BURDICK I 13 JUDGE OF THE SUPERIOR COURT 14 s.gnea. 3/19/2019 09.14 AM 15 x l6 l7 18. l9 2h 21 22 . 23 A , 24 sf: V. ' ,, 25 coipeiiocrggyogifgthgsgrligfiglte: ?Ile "‘- ‘ € in this office. 26 MAY 13 2019 27 kEWI 3 '28 By“)! / “[330. 4851-8839-2584.I - 4 . §__ _ _ _ _ STIPULATION AND [PROPOSED] ORDER To TRANSFER VENUE I F -v _ CM-110 ‘ A‘ITORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar numbér, andaddress): Thomas A. Rector (Bar No.199175 ) / Cherie J. Edson (Bar No. 208598) LEWIS BRISBOIS BISGAARD & SMITH LLP 333 Bush Street, 11th Floor San Francisco CA 94104-2872 TELEPHONE No.: (415) 362-2580 E-MAIL ADDRESS (Oph‘onaD: mommy Fon (Namey Defendant Gabino Crispin Amaya FAX N0. (Optional): (41 5) 434-0882 _ FOR COURT USE ONLY ELECTRONICALLY FILED - Superior Court of California County of Santa Cruz 2/1 3/201 9 11:49 AM Alex Calvo, Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS 701 Ocean Street MAILING ADDRESS: CITY AND ZIP cone: Santa Cruz CA 95062 BRANCH NAME: WW Deputy MAY 17 2mg PLAINTIFF/PETITIONER: Anna Flores and Daniel Flores r Clerk of the Court Address of court (if different from the address above): K4 Notice of Intent to Appear by Telephone, by (name): Cherie‘J. Edson ” _ . . . . Superior Coun o County I Santa Clara DEFENDANT/RESPONDENT. Gablno Crlspln Amaya, et al. BY H Jr? mug)” DEW“ CASE MANAGEMENT STATEMENT CASE NUMBER: V 48GV92938- (Check one): E UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded Is $25.000 , , ‘ exceeds $25,000) or less) 1' 9 c v 3 é 3 O g 4 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 13, 2019 Time: 8:30 a.m. Dept.: 5 Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, a'nd the specified infomatlon must be provided. 1. Party or parties (answer one): a. I This statement Is submitted by party (name). Defendant Gabino Crispin b. D This statement is submitted jointly by parties (names). Amaya 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) 1 a. The complaint was filed on (date): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and 'cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared. or have been dismissed. b. D The following parties named in the complaint or cross-cOmplaint (1) D have not been served (specify names and explain why not): (2) D have been sewed but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D The folloinng additional parties may be added (specify names, nature ofinvolvem‘ent in case, and date by which they may be served): 4. Description of case a. Type ofcasein D complaint X cross-complaint I ~ Personal injury - motor vehicle negligence (Descn'be, including causes of action): Page 1 of 5 Form Adopted for Mandatory Use Cal Rules of Coun. Judicial Council ofCalifomia CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-110 [Rev. .IuIy I, 2011] 4850-9650-85521 -_'€’% CM-110 PLAINTIFF/PETITIONER; Anna Flores and Daniel Flores CASENUMBER‘ _ 180V02036 DEFENDANT/RESPONDENT: Gabino Crispin Amaya, et al. 4. b. Provide a brief statement of the case. including any damages. {prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date findicate source and amounU, estimated future medical expenses, lost earnings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) ’ Plaintiffs claimpersonal injuries arising from a motor vehicle accident that occurred on July 12, 2016. D (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request E a jury trial D a nonjury trial. (Ifmore than one'pafly. provide the name of each party requesting a juty tn'al): 6. Trialdate a. D Thetrialhas been setfor (date): b. E No trial date has been set. This case will be ready for tn‘al within 12 months of the date of the filing of the complaint (if not, explain): 4/1 5/19, 4/20/1 9. 5/10/1 9, 5/1 3/19, 6/21/19. 6/25/19, 7/8/19, 7/12/19, 8/5/19, 8/26/1 9, 9/16/19, 10/10/19, 10/18/19 ‘ c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7_. Estimated length of trial The party or parties estimate that the trial will take (check one): a. D days (specify number): b. E hours (short causes) (specify): 3-5 days 8. Trial representation (to be answered for each party) _ The party or parties will be represented at trial K1 by the attorney or party listed in the caption D by the following: a. Attorney: - b. Firm: c. Address: ‘ d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: . D Additional representation is described in Attachment 8. 9. Preference D This case is entitled to preference (specifl/ code section): 10. Alternative dlspute 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: Counsel g has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party D has D has not reviewed the ADR information package identified in rule'3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatoryjudiclal 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) D Plaintiff elects t6 refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) D This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court 0r from civil action mediation under Code of Civil Procedure section 1775 et seq. (special exemption): r ' CWDIRW- July 1- 20111 CASE MANAGEMENT STATEMENT Pam n” 4850-9650-85521 _ I American chalNel. Inc. mmmFoi-msjjiorkFlowcom ‘75 CM-110 PLAINTIFF/PEHTIONER: Anna Flores and Daniel Flores CASENUMBER= __ 180V02036 DEFENDANT/RESPONDENT: Gabino Crispin Amaya, 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 all that apply and provide the specified informalion): The party or panies completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes. participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation X Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement E Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date) : Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation D Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial D Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled 4 (5) Binding private D Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): D ADR session scheduled for (date): Agreed-to complete ADR session by (date): DUDE DUDE DUDE DUDE DUDE DUDE ADR compIeted on (date): W‘DIRW- My 1- 2°11]. CASE MANAGEMENT STATEMENT WW 4850-9650-3552.1 American LegalNet,Inc. Q?www Fgrm§WQrkFlemm CM-110 EEFENDANT/RESPONDENT: Gabino Crispin Amaya, et al. PLAINTIFF/PETITIONER: Anna Flores and Daniel Flores “SE NUMBER 1SCV02036 11. 12. 13. 14. 15. 16. Insurance a. E Insurance carrier. ifany.for party filingthis statement (name). Plaza Indemnity Company b. Reservation of rights: D Yes D No c. D Coverageissues willsignificantiy affectresolution ofthis case (explain): _ I , Jurisdiction Indicate any matters that may affect the court‘s jurisdiction or processing of this case and describe the status. D Bankruptcy D Other (specify): - Status: Related cases, consolidation, and coordination a. D There are companion underlying, or related cases. (1) Name of case. (2) Name of court: (3) Casenumber: (4) Status: D Additional cases are described in Attachment 13a. b'. D Amotionto [:1 consolidate D coordinaté wiilbe filed by (nameparty): Bifurcaiion D 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 palty, type of motion, and reasons): Other m_otions . D The party or parties expect to file the following motions before trial (specify moving party, type ofmotI'on, and issues): Discovery a. D The party or parties have completed all discovery. b I The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Defendant Written Discovery - ' w/in 120 days Defendant ' Depositions wlin 120 days Defendant IME _ June 2019 c. D The following discovery issues. inclIIding issues regarding the discovery of electronically stored information. are anticipated (specify): _ CM-“MRBV-Ju'v‘vzmfl h CASE MANAGEMENT STATEMENT Paw“ 4850-9650-8552.1 ' ’ ' American LngnlNet. Inc. www FumisWurkFlngy mm CM-1 10 P : ' _ CASE NUMBER: -LAINTIFF/PETITIONER Anna Flores and Danlel Flores _ 1 8CVO2036 ?EFENDANT/RESPONDENT: Gabino Crispin Amaya, et al. 17. Economic litigation a. D This"ls a limited civil case (i. e. the amount demanded'Is $25,000 or less) and the ecdnomic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. D 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 issu'es D The party or parties request that the follovIIing additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. E The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (ifnot, explain): b. _ After meeting and conferring as required by rule 3. 724 of the California Rules of Court the parties agree on the following (SPEGITYT 20. Total number of pages attached (if any): l am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other Issues raised by this statement and will possess the authority to enter into stipulations on these'Issues at the time of the case management conference including the written authority of the party where required. Date: February 8, 2019 ‘ ‘ - - I CHERIE J. EDSON ' p . (TYPE OR PRINT NAME) ( IGNATURE OF PARTY 0R ATTORNEY) (~m- (TYPE 0R PRINT NAME) IGNATURE OF PARTY 0R ATTORNEY) D’Additgna ignatures are attached. °M-“01RW- July 1- 2°“! CASE MANAGEMENT STATEMENT meW 4850-9650-85521 I . , Amencnn Legalhet Inc. '_§ www l‘orm sWurkFlgw gm] {1, LEWIS BRISBOls BISGAARD &MH LLP Afimlm AV LAW \OWQONUIAUJNH NNNNNNNHHHHh-tr-AHHHu-a CALIFORNIA STATE COURT PROOF OF SERVICE Anna Flores, et a1. v. Gabino Amaya, ct a1. - Santa CruZ'Superior Court Case No. 18CV02036 STATE OF CALIFORNIA, COUNTY OF SANTA CRUZ At the time of service, I was over 18 years of age and not a party to the action. My business address is 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872. On February 12, 2019, I served the following document(s): CASE MANAGEMENT STATEMENT I served the documents on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable): Nicholas L. Holder Attorneys for Plaintiff DANIEL PAUL Buckwalter & Holder FLORES Assoc of Attorneys 9053 Soquel Drive, Suite 206 Aptos, CA 95003-4034 Telephone: (831) 688-0163 Facsimile: (831) 633-0896 Email: Nicholas@buckwalterlaw.com The documents were served by the following means: E (BY U. S. MAIL) I enclosed the documents 1n a sealed enve1ope or package addressed to - the persons at the addresses listed above and: E Placed the envelope or package for collection and mailing, following our ordinary business practices. I am readily familiar with the firm’s practice for collection and processing correspondence for mailing; Under that practice, on the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service, in a sealed envelope or package with the postage fully prepaid. I declare under penalty of perjury under- the laws of the State of California that the foregoing is true and correct. .Executed on February 12, 2019, at San Francisco, California. Superior Court of California, Santa Cruz MINUTE ORDER Anna Flores, et al ‘ - _ ' ‘ vs ' , . i6 C V 3 4 8 0 0 4 Gabino Amaya, et al - Heard By: Burdick, Paul santa cruz Dapanment 5 ' Further Case Management Conference Courtroom Clerk: Sandra Gonzalez 0.2/13/2019_ Courtroom Reporter: No Reporter 8'30 AM ' 9'30 AM Parties Present: Holder, Nicholas L. Attorney Nicholas Holder is specially-appearing for attorney Cherie Edson. Mr. Holder advises the Court a stipulation to change'venue has been réached and shall be submitted» soon. ' No appearance is necessary and the matter will be taken off calendar if case has been transferred to Santa Clara County. Future Hearings: April 15, 2019 8:30 AM Further Case Management Conference Burdick, Paul . Santa Cruz Department 5 c | Q ‘ *CJ‘ u ,3"~~..,J" w EWB BRISBOIs BISGAARD“ &WU.P AHORNEYS AT LAW AQN 'JI 10 ll V12 l3 14 l6 17 18 19 20 21 22 23 24 26 27 28 I O w Q ¢\ LEWIS BRISBOIS BISGAARD & SMITH LLP THOMAS A. RECTOR, SB# 199175 E-Mail: Thomas.Rector@lewisbrisbois.com V CHERIE J. EDSON, SB# 208598 E-Mail: Cherie.Edson@lewisbrisbois.com 333 Bush Street, Suite 1 100 San Francisco, California 94104-2872 Telephone: 41 5.362.2'580 Facsimile: 415.434.0882 Attorneys for Defendant ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 2/1 3/2019 11:49 AM Alex Calvo, Clerk MAY 1 7 2019 Clerk of the Coun Superior Court of CA County of Santa Clara GABINO CRISPIN AMAYA BY-ilEWDEPUW SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CRUZ 1 9 C V 3 é 8 fl G 4 ANNA FLORES and DANIEL PAUL FLORES, Plaintiffs, vs. GABINO CRISPIN AMAYA, LUIS PEREZ dba GRA TOWING SERVICES and DOES 1 to -100, _ ' . Defendants. CASE NO. +86V92936- NOTICE OF POSTING JURY_FEES Action Filed: July 12, 2018 Trial Date: None Set TO ALL PARTIES AND THEIR ATTORNEYS 0F RECORD: PLEASE TAKE NOTICE that Defendant GABINO CRISPIN AMAYA hereby posts jury fees. DATED: February 12, 2019 LEWIS BRISBOIS BISGAARD & SMITH LLP b“ By: Cherie J. Edson Attorneys for Defendant GABINO CRISPIN AMAYA 4842-7272-3080.l NOTICE OF POSTING JURY FEES '4 ._, BRISBOIS BISGAARD B(MIH LLP AHORNEVS A1 LAW NNNNNNNNNr-IHHHHHH-HH 00 \l‘a UI A m N b-t o \D m \l m UI A OJ N H c \onoqoanAmNH CALIFORNIA STATE COURT PROOF OF SERVICE V _ Anna Flores, et a1. v. Gabino Amaya, et a1. - Santa 'Cniz Superior Court Case No. 18CVO2036 STATE OF CALIFORNIA, COUNTY OF SANTA CRUZ At the time of service, Iwas over 18 years of age and not a party to the action. My business address ls 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872. ' On February 12, 201 9, I served the following document(s): NOTICE OF POSTING JURY FEES , - I served the documents on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable): Nicholas L. Holder Attorneys for Plaintiff DANIEL PAUL Buckwalter & Holder FLORES Assoc. of Attorneys ' 9053 Soquel Drive, Suite-206 Aptos, CA 95003-4034 Telephone: (83 1) 688-0163 Facsimile: (831) 633-0896 Email: Nicholas@buckwa1terlaw.com The documents were served by the following means: ’(BY U.S. MAIL) I enclosed the documents in a sealed envelope or package'addressed to I the persons at the addresses listed above and: E Placed the envelope or package for collection and mailing, following our ordinary business practices. I am readily familiar with the firm’s practice for collection and processing correspondence for mailing. Under that practice, on the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service, in a sealed envelope or package with the postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the foregoing'ls true and correct Executed on February 12, 2019. at San Francisco, California. {/Zmém filfé WRGO de 'I CM-1 1 0 ATrORNEY 0R PARTY WITHOUT AWORNEY (Name, State Barnumber, ands MAY ]_ 5’ Z 0 1 9 r FOR coum' use ONLY V Nicholas L. Holder (SBN 295343) ELECTRONICALLY EILEP Buckwalter & Holder, an Association of Attorneys Supérigégur§9f(%glfiwcosgg Clara SUPerlor court 0f Gal'fom'a I 9053 Sequei Drive, Suite 206, Aptos, CA 95003 BY%DEF uw Elfizng’; gfffgtghfmz TELEPHONE No; (831) 688-01 63 FAX No. (Optionai): (831) 688-0896 Ale); Calvo' Clerk E-MAILADDREss (Opn‘onal): nicholas@buckWalterlaw.com I B . Z ' v . . ena Mena, De u ATTORNEY FOR (~ame):Anna and Daniel Flores (Plaintiffs) y ,ty SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Cruz dz". smeamnuness; 701 Ocean Street MAILING ADDRESS: 701 Ocean Street CFTY AND ZIP 000E Santa Cruz, CA 95062 BRANCH NAME: DoWntown Civil B PLAINTIFF/PETITIONER: Anna Flores and Daniel Flores DEFENDANT/RESPONDENT: Gabino Crispin Amaya, Luis Perez dba GRA Towing CASE MANAGEMENT STATEMENT ' ‘CASE NUMBER: (Check one): UNLIMITED CASE D LIMITED CASE --*raeV92936- (Amount demanded (Amount demanded is $25,000 , exceeds $25,000) orless) - 1 9 C v 3 4. 8 ® 0 4 A CASE MANAGEMENT CONFERENCE is scheduled as follows: . Date: 02/13/2019 Time: 8:30 AM Dept.: 5 Div.: . Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): ~ a. This statement is submitted by party (name): Plaintiffs b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs' and cross-complainants only) a. The complaint was filed on (date): July 12, 2018 b. E The cross-complaint, if any. was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E Ail parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): Luis Perez_dba GRA Towing (3) E have had a default entered against them (specify names): c. E The following additional parties mey be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of caee ' . ~ a- Type 0f 0359 l“ complaint E _ cross-complaint (Describe, including causes of action): On July 12, 2016, Plaintiffs sustained injury from an auto collision caused by Defendants' negligent driving. ' Page 1 of 5 Form Adopted for Mandate Use ‘ Cal. Rules of Court, Judicial Council oi Califorrziiia CASE MANAGEMENT STATEMENT , rules 3.720-3.730 CM-110 [Rev. July 1. 2011] www.counscagov CM-11o PLAINTIFF/PETITIONER: Anna Flores and Daniel Flores ' CASENUMBER '- ‘ 036 DEFENDANT/RESPONDENT: Gabino Crispin Amaya, Luis Perez dba GRA Towing 180V02 4. b. Provide a brief statement of the case including any damages. (lfpersonal injury damages are sought, s'pecity the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost eamings. If equitable relief'Is sought, describe the nature of the relief.) Plaintiffs seek damages for past and future personal'Injury, wage loss, hospital and medical expenses, general damage, loss of earning capacity, emotional distress, pain and suffering, and other damages. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 45. Jury or nonjury trial ' The party or parties request E a'jury trial E a nonjury trial. (Ifmore than one party, provide the name of each palty requesting a jury trial): 6. Trial date a. E The trial has been set fo'r (date). b. - No trial date has been set. This case will be ready for trial within 12 months of the date of the tiling of the complaint (if not, explain): c. Dates on which parties or attorneys wiil not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial ' The party or parties estimate that the trial wili take (check one): a. days {specify number): 4'5 b, ta hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties wili be represented at trial by the attorney or party listed in the caption E by the following: a. Attorney: . b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:E Additional representation is described in Attachment 8. . ‘ 9. PreferenceD This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR infoimation 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: Counsel n has E has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party E has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available) (1) E This matter Is subéect to mandatory judicial arbitration under Code of Civil Procedure section 1141. 11 or to civil action mediation under ode of Civil Procedure section 1775.3 because the amount In controversy does not exceed the statutory limit. (2) E Plaintiff elects to refer this case to judicial arbitration and agree's to limit recovery to the amount specified in Code bf Civil Procedure section 1 141.1 1. (3) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (special exemption): eM-11o [Rem JuIy 1, 2011] CASE MANAGEMENT STATEMENT V I Page 2of5 CM-1 10 PLAINTIFF/PETITIONER: Anna Flores and Daniel Flores DEFENDANT/RESPONDENTI Gabino Crispin Amaya, Luis Perez dba GRA Towing CASE NUMBER: 1BCV02036 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 all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the panies'ADR stipulation); (1) Mediation Mediation session not yet scheduled Mediation seseion scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on. (date): (4) Nonbinding judicial arbitration Judicial arbitration n_ot yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration I' Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE” DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreedte complete ADR session by (date): ADR completed on (date): CM-11omev. July 1. 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 ' CV020 DEFENDANTIRESPONDENT: Gabino Crispin Amaya. Luis Perez dba GRA Towing 18 36 PLAINTIFF/PETITIONER: Anna Flores and Daniel Flores CASE NUMBER 11. Insurance a. E Insurance carrier, if ény, for party filing this statement (name): b. Reservation of rights: E Yes E No c. E 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.E Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a, E There are companion, underlying, _or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. DAmofionto E consolidate - E coordinate willbe filed by (nameparty): 14. BifurcationE 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 motionsE The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery):m ' Descrigtion m PLAINTIFFS WRITTEN DISCOVERY (Set One) 2/201 9 PLAINTIFFS DEPOSITION OF DEFENDANT ' 4/2019 PLAINTIFFS ADDITIONAL DISCOVERY 6/201 9 PLAINTIFFS MOTIONS / EXPERT DEPOSITIONS PER CODE c_ D The following discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): W410 [Rem W 1'20"] CASE MANAGEMENT STATEMENT Page 4 of 5 CMAJD. CM-110 PLAINTIFF/PETITIONER: Anna Flores'and Daniel Flores CASE ”UMBER 1BCV02036 DEFENDANT/RESPONDENT; Gabino Cl'iSpin Amaya, LUiS Perez dba GRA TOWing 17. Economic litigation a. E This is a limited civil case (i. e. the amount demanded Is $25,000'or less) and the economic Iitigatibn procedures in Code of Civil Procedure sections 90-98 will apply to this case. ' b. E This'Is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other"Issues \E The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. D The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Caiifomia Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number-of pages attached (if any): 0 _ I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written. authority of the party where require Date: 02/07/2019 Nicholas L. Holder $\ - -\\. (rYPE 0R PRINT NAME) TURE oé TY 0R ATrofi EY) (SIGNATURE 0F PARTY 0R ATrORNEY)E Additional signatures are attached.(TYPE OR PRINT NAME) CM~110 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT - ’ Page 5 of 5 POS-040 ATTORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR Na 295,348 NAME: Nicholas L. Holder , FIRM NAME: Buckwalter & Holder, an Association of Attorneys STREET ADDRESS: 9053 Soquel Drive, Suite 206 CITY: Aptos STATE: CA ZIP CODE: 95003 TELEPHONE N0: (831) 688-0163 _ ' FAX No.2 (831) 688-0896 EMLADDRESS: nicholas@buckwalterlaw.com ATTORNEY FOR(name): Anna and Daniel Flores (Plaintiffs) SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa CI'UZ STREET ADDRESS: 701 Ocean Street MAILING ADDRESS: 701 Ocean Street cm! AND ZIP CODE ,Santa Cruz. CA 95062 BRANCH NAME Downtown Civil FOR COURT USE ONLY P_laintiff/Petitionen Anna Flores and Daniel Flores Defendant/Respondent: Gabino Crispin Amaya. Luis Perez dba GRA Towing CASE NUMBER: 1 80VO2036 PROOF OF SERVICE-CIVIL ‘ ' Check method of service (only one): E By Messenger Service E By Fax JUDICIAL OFFICER: Judge Burdick E By Personal Service E. By Mail _ E: By Overnight Delivery DEPARTMENT:5 Do not use this form to show service of a summons and complaint or for electronic service. See USE OF THIS FORM on page 3. 1. At the time of service I was over 18 years of age and not a party to this action. 2. My residence or business address is: Buckwalter & Holder: 9053 Soquel Drive, Suite 206, Aptos. CA 95003 3. E The fax number from which | sewed the documents is (complete ifservice was by fax): 4. On (date): February 7, 2019 I sewed the following documents (specify): Case Management Statement E The documents are 1isted in the Attachment to Proof of Service-Civil (Documents Served) (form POS-040(D)). 5. l sewéd the documents on the person or persons below, as follows: a. Name of person served: Cherie Edsoh b. E (Complete if service was by personal service, mail, overnight delivery, or messenger service.) Business or residential address where person was served: Lewis Brisbois: 333 Bush Street, Suite 1100, San Francisco. CA 941 O4 c. E (Complete if service was by fax.) Fax numberwhere person was sewed: E The names, addresses, and other applicable information about persons served is on the Attachment to Proof bf Service- Civil (Persons Served) (form POS-O40(P)). 6. The documents were served by the following means (specify): a. E By personal service. l personally delivered the documents to the persons at the addresses listed in it'em 5. (1) For a party represented by an attorney. delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney‘s office, in an envelope or package clearly labeled to identify the attorney being served, with a _receptionist or an individual in charge of the office; or (c) if there was no person in the office with whom the notice or papers could be left. by leaving them 'in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, deliVery was made to the party or by leaving the documents at the party‘s residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. Fetm ApprovedforOPfional Use PROOF 0F SERVICE-CIVIL Juioial Council of California _ Posmomev. February 1. 20171 (Proof of SerVIce) Page 1 of 3 Code of Civil Procedure. §§ 101 1. 1013. 1013a, 201 5.5; Cal. Rules of Court, rule 21306 www.oourts.ca.gnv Pos-04o CASE NAME: . CASE NUMBER: Flores v Amaya 18CV02036 6. b. E By United States mail. l enclosedthe documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one): (1) E deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. (2) E placed the envelope for collection and mailing. following our ordinary business practices. l am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence , is placed for collection and mailing. it is deposited In the ordinary course of business with the United States Postal Service. in a sealed envelope with postage fully prepaid. I am a resident or employed in me county where the mailing occurred. The envelope or package was placed in the mail at (city and state): Aptos, CA c. E By overhight delivery. | enclosed the documents in an envelope er package provided by an overnight delivery carrier and addressed to the perspns at the addresses in item 5. l placed the envelope or pad(age for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. dj E By messenger service. l served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) e. E By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed in item 5. No error was reported by the fax maChine that | used. A copy of the record of the fax transmission, which i printed out, is attached. l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date: 02/07/201 9 Stephanie Moor } wq/Vtfieummag (TYPE OR PRINT NAME OF DECLARANT) t (SIGNATURE OF DECLARANT) (If item 6d above is checked, the declaration below must be completed ora sepalate declaration from a messenger must be attached.) DECLARATION OF MESSENGER D By personal service. l personally delivered the envelope or package received from the deciarant above to the persons at the ' addresses listed in item 5. (1) For a party represented by an attorney. delivery was made (a) to the attorney personally; or (b) by leaving the documents at the attorney's office, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office; or (c) if there was no person in the offioe with whom the notice or papers could be left, by leaving them in a conspicuous place in the office between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person - not younger than 18 years of age between the hours of eight in the morning and six in the evening. 'At the time of service, l was over 18 years otage. | am. not a party to the above-referenoed legal proceeding. l served the envelope or package, as stated above, on (date): I I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date: D (NAME OF DECLARANT) ‘ (SIGNATURE OF DECLARANT) poem [Rem February 1. 20m pRoop 0F s'ERVlCE-CML page 2 era (Proof of Service) LEWIS BRISBOIS BlseAARD asmm-l up AHOTNEVS Al lAW H \OmQQUIAUJN NNNNNNHH~HHH~HCHHH LEWIS BRISBOIS BISGAARD & SMITH LLP THOMAS A. RECTOR, SBN 199175 E-Mail: Thomas.Rector@lewisbrisbois.com CHERIE J. EDSON, SBN 208598 E-Mail: Cherie.Edson@1ewisbrisbois.com 333 Bush Street, Suite 1100 ' San Francisco, California 94104 Telephone: 415.362.2580 Facsimile: 41 5.434.0882 Attorneys. for Defendant GABINO CRISPIN AMAYA ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 1/28/2019 5:01 PM Alex Calvo, Clerk y: Marlin P&n’e‘ ‘5 ow mm Mug Depu Wvfia CL Clerk of the Coun Superior Court of CA County oi Santa Clara Bx ____.B_¥ IIFN WUEPUTY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CRUZ ANNA FLORES and DANIEL PAUL FLORES, » Plaintiffs, vs. GABINO CRISPIN AMAYA, LUIS PEREZ dba GRA TOWING SERVICE and DOES 1 to 100, inclusive, Defendants. CASEN0.+&6¥9293& 190113480 0 DEFENDANT GABINO AMAYA’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT COMES NOW defendant GABINO CRISPIN AMAYA (hereinafier DEFENDANT), and in answering the unverified Complaint of plaintiffs ANNA FLROES and DANIEL PAUL FLORES (“Complaint”) on file herein, under the provisions bf Section 431.30 of the California Code of Civil Procedure, denies generally and specifically, each and every, all and singular, the allegations of said complaint, and each cause of action thereof, and further denies that plaintiffs have been damaged in any sum, or sums, or at all due to any acts or omissions on the pan of DEFENDANT. As separate and affirmative defenses, DEFENDANT alleges as follows: FIRST AFFIRMATIVE DEFENSE That plaintiffs’ Complaint fails t0 state facts sufficient to constitute a cause of action against DEFENDANT. 4830-4767-9878.1 DEFENDANT GABINO CRISPIN AMAYA’S ANSWER TO PLAINTIFFS' UNVERIFIED COMPLAINT 1h LEWIS BRISBOIS BISGAARD GLWHH LLP AHORNEVS AT IAW p-n NNNNNNNHnHHHHi-IHHH agaUIAm-Nr-cxoooqcxma-wuwo ©W\IG\UIAUJN SECOND AFFIRMATIVE DEFENSE DEFENDANT alleges that the causes of action, if'any, attempted to be stated and set forth in plaintifi‘s’ Complaint; are barred by the applicable statute of limitations, including but not limited to California Code of Civil Procedure sections 335.1 , et seq. THIRD AFFIRMATIVE DEFENSE r That if plaintiffs were injured in the manner set forth in the Complaint, DEFENDANT is informed and believes and thereon alleges that plaintiffs were negligent in those matters set forth in the Complaint, and negligently conducted themselves in a manner so as to result in the alleged injuries. Said negligent conduct 0f plaintiffs proximately caused and contributed to said accident, injun'es and damages, if any, alleged by/plaintiffs, and therefore, plaintiffs are either barred from recovery, or plaintiffs’ rec_overy, if any, must be reduced in proportion to plaintiffs’ percentage of fault. FOURTH AFFIRMATIVE DEFENSE That other parties to this lawsuit, as well as persons and entities not patties to this lawsuit were themselves responsible for the plaintiffs’ damages, if any there were, for which DEFENDANT is not liable or responsible. DEFENDANT requests that his liability, if any, be assessed in proportion to the liability of other parties, persons, and entities who are not parties to this action, and that DEFENDANT be required to pay only for his proportionate share offault, if any there be. FIFTH AFFIRMATIVE DEFENSE. DEFENDANT alleges that plaintifi‘s, with the exercise of reasonable diligence and effort, would have and could have mitigated the. damages alleged in the Complaint, if indeed any there are and that the resultant damages, if any, complained of in said Complaint were directly and proximately caused by the failure, negligence and refusal of plaintiffs to exercise reasonable diligence in an effort to mitigate the damages alleged. Therefore, plaintiffs are either barred from recovery, or plaintiffs’ recovery, if any, must be reduced due to plaintiffs’ failure to mitigate the damages alleged. /// 4830476798781 2 DEFENDANT GABTNO CRISPIN AMAYA’S ANSWER TO PLATNTIFFS’ UNVERIFIED COMPLAINT - LEWIS BRISBOIS BISGAARD &SMIrH up ATIORNEVS Al LAW WOOQOUIBUJNH NNNNNN'N'NHHHHHHHHHH ganI-AmNr-Iowoo.qaLnA,WNv-dc SIXTH AFFIRMATIVE DEFENSE The provisions of the "Fair Responéibility Act of 1986" (commonly known as Proposition 51, Civil Code sections 1430, 1431, 1431.1, 1431.2, 1431.3, 1431.4, 1431.5 and 1432) are applicable to this fiction to the extent that plaintiffs" irijun'es and damages, if Any, were legally caused or contributed to by the negligence or fault of persons or entities other than DEFENDANT. DEFENDANT alleges that his liability for damages, if any, should be reduced pursuant to the provisions of California Civil Code sections 143 1, et seq., to the extentthat plaintiffs’ damages, if any, were causedlor contributed t0 by the negligence or' fault of persons or entities other than DEFENDANT. _ SEVENTH AFFIRMATIVE DEFENSE . Plaintiffs injuries, if any, were proximately caused by unforeseeable', independent, intervening and/or superseding events beyond the control of, and unrelated to any conduct of t DEFENDANT. h The actions of DEFENDANT, if any, were superseded by the negligence and wrongful cenduct of others. I EIGHTH AFFIRMATIVE DEFENSE This action is barred by the equitable doctrines of laches, waiver and estoppel. NINTH AFFIRMATIVE DEFENSE That DEFENDANT exercised the requisite degree of care, caution and prudence to avoid the losses alleged by plaintiffs, and thus DEFENDANT did not breach a duty, if any, owed to plaintiffs. TENTH AFFIRMATIVE DEFENSE That at or about the time, date and place alleged in the Complaint, p1aintiffs and other persons or parties failed to exercise ordinary care, and such fatlure was the sole 0r contributing cause of the incident and/or injuries allegedly sustained in said incident; and the trier of fact is requested to determine the existence of such negligence and the degree that such negligence- contributed to the incident and/or injuries. ELEVENTH AFFIRMATIVE DEFENSE- Plaintiffs’ Complaint and each cause of action contained therein must- fail as 4830-4767-9878J 3 DEFENDANT GABTNO CRISPIN AMAYA’S ANSWER TO PLAINTlFFS’ UNVERIFIED COMPLAINT LEWlS BRISBOIS BISGAARD &wmw AWORNEYS AI [AW UI B OJ N xo‘bo q ox 10 ll .12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 DEFENDANT’S conduct was not a substantial factor in causing plaintiffs’ alleged injuries. TWELFTH AFFIRMATIVE DEFENSE I DEFENDANT alleges tha't by the exercise of reasonable care and ordinary attentiveness t0 an apparent situation and/or condition, plaintiffs could have avoided or otherwise prevented any and all injury to themselves; THIRTEENTH AFFIRMAT‘IVE DEFENSE DEFENDANT preséntly has insufficient knowledge 0r information on which 'to form a belief as to whether theré may be additional, as yet unstated, defenses availab1e. DEFENDANT reserves herein the right to assert additional defenses in the event discovery indicates that they would be appropriate. . I WHEREFORE, DEFENDANT prays for judgment as follows: 1. That plaintiffs take nothing by reason of the Complaint on file herein; .2. For costs of suit incurred herein; and I l 3. For such other and funher relief the coul’t deems just and proper; DATEDz'Janua-ry'ég, 2019 ’ LEWIS BRISBQIS BISGAARD & SMITH LLp By: '[q/ ‘ THO I A.RECTOR C IE4 .EDSON Att 'rney for Defendant GA3916 CRISPIN AMAYA 4830476798781 4 DEFENDANT GABINO CRISPIN AMAYA’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT LEWIS BRIS BOIS alseAARD astwmup ATTORNEYS AI [AW @wQQUI-RMNH NNNNNHI-AHr-IHHHHh-IH aggathchmquI-AwNv-tc CALIFORNIA STATE COURT PROOF OF SERVICE Anna Flores, et a1. v. Gabino Amaya, ct a1. - Santa Cruz Superior Coun Case No. 18CV02036 STATE OF CALIFORNIA, COUNTY OF SANTA CRUZ ) At the time of service, I was over 18 years of age and not a party to the action. My business address is 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872. On January 28, 2019, I served the following document(s): DEFENDANT GABINO AMAYA’S ANSWER TO PLAINTIFFS’ UNVERIFIED COMPLAINT I served the documents on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable). Nicholas L. Holder Attorneys for Plaintiff DANIEL PAUL ' Buckwalter & Holder FLORES Assoc. of Attorneys . 9053 Soquel Drive, Suite 206 Aptos, CA 95003-4034 Telephone: (831) 688-0163 Facsimile: (831) 633-0896 Email: . Nicholas@buckwalterlaw.com The documents were served by the following means: E (BY U.S MAIL) I enclosed the documents 1n a sealed envelope or package addressed to ~ the persons at the addresses listed above and: E Placed the envelope or package for collection and mailing, following our ordinary business practices. I am readily familiar with the firm’ s practice for collection and processing correspondence for mailing. Under that practice, on the same day that correspondence ls placed for collection and mailing, it is deposited in the ordinary course ofbusiness with the U.S. Postal Service, in a sealed envelope or package with the postage fully prepaid. I declare under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct. i Executed on January 28, 2019, at San Francisco, California. 42/5/5212 P. o (Ml,“J ' S“ av" . .Su'perior Court of California, Santa _Cruz MINUTE ORDER Anna Flores, et al . 48%2936- vs' 19CV348~G®4 Gabino Amaya,_et al . _ ' ' Heard By: ' Burdick, Paul santa cruz Dapartment 5 ‘_ Case Management Conference Courtroom Clerk: Helena Hanson 1_1/14/2°18_ Courtroom Reporter: No Reporter 8‘30 AM ' 9'30 AM Parties Present: Holder, Nicholas L. , Attorney Counsel advises the Court that this matter was incorrectly filed in Santa‘Cruz ‘County. The Court and counsel discuss the issues of venue. Counsel is directed to serve the defendant and meet and confer on a stipulation to change venue to Santa Clara County. The Court sets this matter for further case management on 2/13/19. Updated Case Management Conference Statements are to be filed prior to hearing. No appearance is necessary and the matter wi|| be taken off calendar if a stipulation for change of venue . is filed with the court. Future Hearings: February 13, 2019 8:30 AM Further Case Management Conference Burdick, Paul} ' . Santa Cruz Department 5 ' a“ g“ gigs CM-11o ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name State Bar number, and Nicholas L. Holder (SBN 295348) Buckwalter & Holder, an Association of Attorneys E FOR COURT USE ONLY V V ,5 ELECTRONICALLY FILED MAY 17 2019 E33” Superior Court ofCalifornia 9053 Sequel Drive, Suite 206, Aptos, CA 95003 Clerk of the Court ?mgt/Eégj gjqfigglfi ' Alex Calvo, Clerk TELEPHONE “0-: (831) 688'0163 ‘ FAX No-WQHW Court of CA County of Sania C ara E-MML ADDRESS (Opvonal): nicholas@buckwalterlaw.cpmmflmflwfllLEN DEF UTY ATTORNEY FOR (NamexAnna Flores adn Daniel Paul Flores (Plaintiffs) By: Zena Mena, Deputy SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Cruz STREET ADDRESS: 701 Ocean Street MAILING ADDRESS: 701 Ocean Street cm AND Zf" 00°51 Santa Cruz, CA 95062 BRANCH NAME Downtown Civil PLAINTIFF/PETITIONER: Anna Flores and Daniel Paul Flores DEFENDANT/RESPONDENT: Gabino Crispin Amaya , Luis Perez dba GRA Towing CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one):_ UNLIMITED CASE E LIMITED CASE 4BGVG2636- (Amount demanded (Amount demanded is $25,000 7 . A exceeds $25,000) o, less) 1 9 C 1 3 4 8 {3 ® .. A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 11/14/2018 Time: 8:30 AM Dept; 5 Div; Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): x 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): Plaintiffs b. E This statement Is submitted jointly by parfiesfnames): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): July 12, 2018 b. E The cross-complaint. if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a E All parties named In the complaint and cross-complaint have been served have appeared or have been dismissed b. E The following parties named'In the complaint or cross-compiaint (1) m have not been served (specify names and explain why not): Gabino Crispin Amaya and Luis Perez: no contact info but docs were sent to their attorney (2) E have been sewed but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): ‘c. E The following additional parties may be added (specify names. nature ofinvolvement in case, and date by which they may be served): 4. Description of case ‘ a- Type 0f case In - complaint E ~cross-compiaint (Describe, including causes of action): On July 12, 2016, Plaintiffs sustained injury from an auto collision caused by Defendants' negligent driving. Page 1 oi 5 Form Adopted for Mandatory Use Cali Rules oi Coun, Judicial Coundl of California CASE MANAGEMENT STATEMENT rules 3.720-3,730 CM-1 10 [Rev_ July 1. 2011] ' www.courts.ca.gov .1 _ CM-11o PLAINTIFF/PETITIONER: Anna Flores and Daniel Paul Flores CASE "UMBER: - . . ‘ . 1 V O36 DEFENDANT/RESPONDENT: Gabino Crispln Amaya , LUIs Perez dba GRA Towmg 80 02 4. b. Provide a brief statement of the case, including any,damages. (lfpersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date findlcate source and amount], estimated fu'ture medical expenses, lost earnings to date, and estimated future lost earnings. If equitable reliefis sought. describe the nature of the relief.) Plaintiffs seek damages for past and future personal injury, wage loss, hospital and medical expenses, general damage, loss of earning capacity, emotional distress, pain.and suffering, and other damages. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request E a jury trial E a nonjury trial. (Ifmore than one party, provide the name 0t each party requesting a jury trial): ' Trial date a. E The trial has been set for (date): b. m No tn'al 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): Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specifi/ number): 4-5 b. E hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial m by the attorney or party listed in the caption E by the following: a. Attorney: Firm: Address: Telephone number: f. . E-mail address:E Additional representation is described in Attachment 8. PreferenceE This case is entitled to preference {specify code section): Fax number: g. Party represented: 09.0.6 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and cemmunities; 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: Counsel has E has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party E has E has not reviewed the'ADR intormation package identified in rule 3.221. b. Referral to judlclal arbltration or civil action mediation (If available). (1) D This matter is sub'ect to mandatory judicial arbitration under Code of Civil Progedure section 1141.11 or to civil action mediation under ode of Civil Procedure section 1775.3 because the amount In controversy does not exceed the statutory limit. (2) E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141 .1 1. (3) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): I CM-110lRev.July 1.2011] CASE MANAGEMENT STATEMENT Fagezats CM-110 DEFENDANT/RESPONDENTI Gabino Crispin Amaya. Luis Perez dba GRA Towing PLA'NT'FF/PETITIONER: Anna Flores and Daniel Paul Flores ~ CASE NUMBER: 18CV02036 10. c. Indicate the ADR process or processes that the palty or parties are willing to participate In, have agreed to participate in or have already participated In (check all that apply and provide the specified information). The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): "If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes. indicate the status of the processes (attach a copy of the parties'ADR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): ‘ (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to Complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE UDUDDDUD DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM.11o (Rev. .IuIy 1. 2011] CASE MANAGEMENT STATEMENT Paga 3 of 5 PLAINTIFF/PETITIONER: Anna Flores and Daniel Paul Flores DEFENDANT/RESPONDENT; Gabino Crispin Amaya , Luis Perez dba GRA Towing CASE NUMBER: 1 BCV02036 CM:11Q 11. 12. Insurance a. E Insurance carrier, if any, for party filin'g this statement (name). b. Reservation of n'ghts. E Yes D No c. E Coverage Issues will significantly affect resolution of this case (explain): Jurisdiction indicate any matters that may affectthe court‘s jurisdiction or processing of this case and describe the status.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination .b. E Amotiohto E consolidate E coordinate D There are companion, underlying. or related cases. (1) Name of-case: (2) Name of pourt: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. 14. Bifurcation wiii be filed by (name party): D 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 motionsE The party or parties expect to file the following motions before trial (specify moving party, type bf motion, and issues): 16. Discovery a. E 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 PLAINTIFFS WRITTEN DISCOVERY PLAINTIFFS DEPOSITION OF DEFENDANT PLAINTIFFS FOLLOW UP DISCOVERY PLAINTIFFS. OTHER / MISCELLANEOUS _D__ate 2/2018 4/2018 6/2018 PER CODE c_ E The following discovery issues. including issues regarding the discovery of electronically stored infonnation are CM-I 10 [Rev. .IuIy 1, 201 1] antIcipated (specify): CASE MANAGEMENT STATEMENT Page 4 of 6 CM-1 10 PLAINTIFF/PEHTIONER: Anna Florés and Daniel Paul Flores > ' “SEmm EEENDANTRESPONDEN-fi Gabino Crispin Maya , Luis Perez dba GRA Towing 18CV°2036 17. Economlc litlgaflon a. D This“1s a limited civil case (i. e., the amount demanded Is $25,000 or less) and the economic litigation procedures In Code of Civil Procedure sections 90-98 will apply to this case b; D This Is a limited civil case and a motion to withdraw the wse fmm the emnomic litigation probedures ortor additional discovery will be filed (if cheated, explain specifically why economic litigation procedures relating to discovery or m’al should not apply to We case). 18. Other IssuesE The party or parties muest that the following additional matters be considered or determined at the case management conference (specify): SEE ATI'ACHMENT | 19. Meet dconfer The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by tule 3.724 ofthe California Rules of Court, the parties agree on the following (Specify) - 20. Total number of pages attached (if any): l l am completely familiar wim this case and will be fully pIepared to discuss the status. of discovery and alternative dispute resolution. as well as other Issues raised by this statement, and will possess flIe authority to enterim 'ons on these Issues at the time of the case management conference. including the written authority of the party where required. Date: 11/12/2018 NICHOLAS L. HOLDER ' (TYPE 0R PRINT NAME) (TYPE OR PRINT NAME) - I (SONATURE OF PARTY OR ATTORNEY)D Additional signatures are atbched. WWW-M 1- 2°"! - CAsE MANAGEMENT STATEMENT . Mm MC-025 A SHORT TITLE: ‘ CASENUMBER: -- Anna Flores, et al. v. Gabino Crispin Amaya, et a1. 18CV02036. ATTACHMENT (Numbelj: 1 (This Attachment may be used with any Judicial Council form.) 1) On July 12, 2018, this matter was electronically filed utilizing the services of Sayler Legal. Specifically, the 'e-filing was accomplished using Sayler's e-filing portal, which required my assistant to enter the correct data for filing. ' ' 2)'By mistake, my assistaht'selected the option for filing this matter'in Santa‘ Cruz Superior Court, rather than Santa Clara Superior Court. As‘ a result of that mistake, this action was incorrectly filed in Santa Cruz Superior Court. 3) California Code of Civil Procedure Section 397 allows a court, on motion, to change the place of trial when the convenience of witnesses and the end of justice w'ould be promoted by the change. In this case, given the honest mistake, we believe that convenience and justice would be promoted by transferring this case to Santa Clara Superior Court, where we intended to file this case in the first place. . 4) Plaintiffs' counsel is ready and willing to compensate this court for any costs and inconvenience caused by this inadvertent mistake. 5) At the time of the CMC, we request that this court consider whether this case may be transferred on this court's own motion in lieu of Plaintiffs' own motion. We request this court's guidance in rectifying this inadvertent mistake. / (If the item that this Attachment concerns is made under penalty of perjury, all statements I'n this V A Page I of l Attachment are made under penalty of perjury.) I {Add pages as required) I F%nmdgpaplgeugéfitoguamgse ATTACH MENT CEB www.waninlbmgov M04325 [RBV-JU‘H-zml I to Judicial Council Form m_ceb_com PLD-PI-001 ATTOR‘NEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY I N1cholas L. Holder, SBN 295348 BUCKWALTER & HOLDER, An Associatlon Of Attorneys ELECTRO NICALLY F] LED 9053 soquel Duve’ snite 206 Superior Court of California Aptos, CA 95003-4034 County of Santa CrUz 7/12/2018 11:01 AM Alex Calvo, Clerk By. dam Berg, Deputy TELEPHONE N0. (83 1) 688-0163 FAX N0. (Optional): (83 1) 688-0896 EMAIL Anuaess (optional). serv1ce@buckwalterlaw. com moanev FoR (Name). Anna Flores and Daniel Paul Flores SUPERIOR coua'r 0F CALIFORNIA, COUNTY oF SANTA CLARA smEEr ADDRESS: 191 North First Street fiMAIUNG ADDRESS: 191 North First StreetcnYAND ZIP CODE: San Jose 951 13 BRANCH NAME: Downtown Superior Court (DTS) PLAINTIFF: Anna Flores and Daniel Paul Flores DEFENDANT: Gabino Crispin Amaya, , E Luis Perez dba GRA Towing Service, and a Does 1 To 100 COMPLAINT-Personal Injury, Property Damage, Wrongful Death MAY 1 7 2019E AMENDED (Number): ' ' Type (check all thatapply): Clerk of the Court MOTOR VEHICLE E OTHER (specify): Superior Coun otCA County 1 Santa Clara I Property Damage Wrongful Death BYWDEPUTY I Personal Injury Other Damages (specify): . Jurisdiction (check all that apply): -. > cASE NUMBER:E ACTION IS A LIMITED CIVIL CASE ' Amount demanded E does not exceed $10,000E exceeds $10,000, but does not exceed $25,000 4W6.‘E ACTION Is AN UNLIMITED CIVIL CASE (exceeds $25,000)j ACTION Is RECLASSIFIED by this amended complaintE from limited to unlimited 1 9 C v 3 é 8 0 Q 4‘-E from unlimited to limited 1- Plaintiff (name 0r names}! Anna Flores and Daniel Paul Flores alleges causes of action against defendant (name or names). Gabino Crispin Amaya, Luis Perez dba GRA Towing Service, and Does 1 to 100 2. This pleading, including attachments and exhibits. consists of the following number of pages. 5 3. Each plaintiff named above is a competent adult a. E] except plaintiff (name): (1) E a corporation qualified to do business in California (2) E an unincorporated entity (describe): (3) E a public entity (describe): _ (4) E a minor E an adult (a) D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) E other (specify): (5) E other (specify): - b. U except plaintiff (name): (1) D a corporation qualified to do business in California (2) E an unincorporated entity (describe): (3) E a public entity (describe): (4) E a minor E an adult (a) E for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) E other (specify). (5) E other (specify): E Information about additional plaintiffs who are not competent adults is shown in Attachment 3. Page 1 of 3 Form Approved for Optional Use _ ' m, Code of Civil Procedure. 425.12Judicial Council of Caiifomia COMP LAINT Personal In] ury’ Prope wweouninfinagov pmprom (Rev. January 1. 20071 Damage, Wrongful Death PLD-Pl-001 SHORT TITLE: h ' CASE NUMBER: Anna Flores, et al. v. Gabino Crispin Amaya, et a1. 4. E Plaintiff (name): is doing business under the fictitious name (specify). and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. D except defendant (name): c. E except defendant (name): (1) E a business organization, form unknown (1) m a business organization. form unknown (2) E a corporation (2) E a corporation (3) E an unincorporated entity (describe). (3) E an unincorporated entity (describe): (4) E a public entity (describe): (4) E a public entity (describe): (5) E other (specify): (5) E other (specify): b. E except defendant (name): I d. E except defendant (name): (1) E a business organization. form unknown (1) E a business organization. form unknown (2) E a corporation (2) E a corporation (3) E an unincorporated entity (describe): ' (3) E an unincorporated entity (descn'be): (4) D a public entity (describe): ' (4) E a public entity (describe): (5) E other (specify): (5) E other (specify): E Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknow'n to plaintiff. a. Doe defendants (specifit Doe numbers): 1 t0 100 were the agents or employees of other named defendants and acted within the scope of that agency or employment. b. - Doe defendants (specify Doe numbers): 1 t0 100 are persons whose capacities are unknown to plaintiff. 7. . E Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because ' a. - at least one defendant now resides In its jurisdictional area. - injury to person or damage to personal property occurred In its jurisdictional area.E other (specify):9.0.6 9. E Plaintiff is required to comply with a claims statute, and a. E has complied with applicable claims statutestor b. E is excused from complying bemuse (specify): .E the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. PLOW)“ IRBV- January 1. 20°71 COMPLAINT-Personal Injury, Property Damage, Wrongful Death ' PLD-Pl-001 SHORT TITLE: CASE NUMBER; Anna Flores, et a1. v. Gabino CriSpin Amaya, et a1. 10. The following muses of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): Motor VehicleE General NegligenceD intentional TortE Products LiabilityE Premises LiabilityE Other (specify): magmas» 11. Plaintiff has suffered wage loss loss of use of property hospital and medical expenses general damage property damage loss of earning capacity other damage (specify): emotional distess loss of consortium (php.npsrs» 12. E The damages claimed for wrongful death and the relationships of plaintiffto the deceased are a. E listed in Attachment 12. b. E as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff preys forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) .L‘ compensatory damages (2) '_ punitive damages The amount of damages is (in cases forpersonal injwy or wrongful death, you must check (1)): (1) ‘L according to proof (2) ‘ in the amount of: $ 15. E The paragraphs of this complaint alleged on information and belief are as follows (s graph numbers): Date: July 12, 2018 Nicholas L. Holder . Q , (TYPE 0R PRINT NAME) \ ATUR LAINTIFF OR ATTORNEY), Pmewm (Rev. January 1. 20071 COMPLAINT-Personal Injury, Property V Page sofa - Damage, Wrongful Death ‘ PLD-PI-oo1(1) ‘ SHORT TITLE: I CASE NUMBER:. Anna Flores, et a1. v. Gabino Crispin Amaya, et a1. FIRST CAUSE OF ACTION-Motor Vehicle ' " (number) ATrACHMENT To Complaint E. Grassroom'plaint (Use a separate cause of action form for each cause of action.) Plaintiff (name): MV- 1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of Injunes and damages to plaintiff; the acts occurred . on (date): July 12, 2016 at (place): soutthund Interstate 280, approximately 2640 feet north of McLaughlin Avenue, m San Jose, California MV-2ZDEFENDANTS a. - The defendants who operated a motor vehicle are (.names) Gabino Crispin Amaya - Does 1 ~to 100 b. - The defendants who employed the persons who operated a motor vehicle'In the course of their employment are (names): / Luis Perez Does 1 to 100 _ c. The defendants who owned the motor vehicle which was operated with their permission are (names): ' Luis Perez Does 1 to 100 d. The defendants who entrusted the motor vehicle are (names): Lu1s Perez m Does 1 ' to 100 e. - The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were (names). Gabino Crispin Amaya \- Does 1 ‘ ' ‘ to 100-The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are listed'In Attachment MV-2f E as follows.7h Does 1 to 100 I _ -' Page Page 1 of 1 Form Approved for OptionaIUse _ ' , - c d afc‘ ‘IP d 425.12Mom Comcflofcmomia CAUSE OF ACTION Motor VehIcle I ° e mfgsmsggmgav - PLD-Pl-OD1(1) [Rev. January 1. 2007] , MC-025 SHORT TITLE:_ Anna Flores, et al. v. Gabino Crispin Amaya, et a1. CASE NUMBER: _ ArrACHMENT (Number): MV-Zf (This Attachment may be used with any Judicial Council form.) At the time of the acts, plaintifi‘s Anha Flores and Daniel Paul Flores'were, and continue to be, married. As a result of the negligence of Gabino Crispin Aniaya, Luis Perez, and Does 1 to 100, and the mjunes sustained by plaintifi‘s, each has lost the conjugal society, comfort, companionship, and affection of the other, and his/her services for the purpose of household maintenance and aid. At the time plaintifl‘s Anna Flores and Daniel Paul Flores were injured, they were in close proximity to each other. Each sensorily and contemporaneously witnessed and perceived the vehicle collision which was the ' cause of the injun'es suffered by their spouse and contemporaneously observed the immediate consequences of defendants Gabino Crispin Amaya, Luis Perez, and Does 1 to 100‘s negligent acts, causing each to suffer severe emotional distres'sland shock to the nervous system. (If the item that this Attachment concems is made under penalty cifperjury, all statements in this ~ Page 1 of 1 Attachment are made under penalty ofperjury.) i (Add pages as required) Mrszzd ATTACHMENT WWW“ M0025 mev. July 1. 20091 to Judicial council Form V 35w .fi . SUM-1oo summons w; ’ am E ~ (sogmusgousswm (CITACION JUDICI } I LECTRONICALLY FILED NOTICE To DEFENDANT: MAY 1 7 2019 .. : " ‘ Superior Court Of California (”5° AL ”EMANDAW” cn' k r tn c n 9327;35‘??? W. . . . er Ol' e 0U Gablno CUSPm Amayas Superior Court ct CA County of Santa CEra Luis Perez dba GRA Towin Service, and D o I i DE? UTAlex calvo’ Clerkg " ‘ ' ‘ gy. Adam Berg, Deputy YOU ARE BEING SUED BY PLAINTIFF: » (LO ESTA DEMANDANDO EL DEMANDANTE): flAnna Flores andDaniel Paul Flores NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after thissummons and legal papers are sewed on you to file a written response at this court and have a copy sewed on the plaintiff. A letter or phone call w_iii not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the Caiifomia Courts Oniine Seif-Help Center (www.courtinfo.ca.gov/selflIeIp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requiremenm. You may want to call an attomey right away. If you do not know an attorney, you may want to call an attorney referral service If you cannot afford an attomey, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www Iawhelpcalifomia. org) the California Courts Online Self-Heip Center (www.courtinfo.ca.gov/selfhe/p), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award ‘of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. . iAVISO! Lo han demandado. Si no responde dentro de 30 dies, Ia corte puede decidir en su contra sin escuchar su version. Lea Ia informacion a continuacio‘n. Tiene 30 DIAS DE CALENDARIO despue's de que le entreguen esta citacion y papeles Iegales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no Io protegen. Su respuesta por escrito tiene que estar en fomIato legal correcto si des'ea que procesen su caso en Ia corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formulan'os de Ia corte y mas informacién en eI Centro de Ayuda de Ias Cortes de California Mww.sucorte.ca.gov), en Ia biblioteca de Ieyes de su condado o en Ia corfe que Ie quede ma’s ceroa. Si no puede pagarla cuota de presentacio'n, pida aI secretario de Ia con‘e que Ie dé un formulario de exencion de pago de cuatas. Si no presenta su respuesta a tiempo, puede perder el caso porincumplimiento y Ia corte le podré quitar su sueldo, dinero y bienes sin ma’s advertencia. Hay otros requisites Iegales. Es recomendable que [lame a un abogado inmediatamente. Si no conoce a un abogado, puede ilamar a un sen/icio de remisio’n a abogados. Si no puede pager a un abogado, es posible que cumpla con Ios requisites para obtener servicios Iegales gratuitos de un programs de servicios Iegaies sin fines de Iucro. Puede encontrar estos grupos sin fines de iucro en el sitio web de Caiifomia Legal Services, (www.lawhelpcalifomia.org), en eI Centro de Ayuda de Ias Cortes de California, (vwvw.sucorte.ca.gov) o ponie’ndose en contacto con Ia corte o el colegio de abogados locales. AVISO: Por ley, Ia corte tiene derecho a reclamar Ias cuotas y Ios costos exentos por imponer un gravamen sobre cualquier recuperacién de $10,000 6 més de valor recibida mediante un acuerdo o una conceslén de arbitraje en un caso de derecho civil. fiene que pager e! g’ravamen de Ia corte antes de que Ia corte pueda desechar e! caso. The name and address of the court is: . CASE NUMBER. W6(El nombre y direccién de Ia corte es): (”mm ”5’ cm" '- - - ~‘ figcva-fiafl iiSupenor Court of Cahforma, County of Santa Clara ’ m - 191 North First Street, San Jose, CA 951 13 ' The name. address, and telephone number of plaintiff‘s attorney, or plaintiff without an attorney, is: (El nombre, Ia direccién y el nI'Imero de teléfono de/ abogado del demandante, o del demandante que no tiene abogado, es): Nicholas L. Holder, 9053 Sequel Drive, Suite 206, Aptos, CA 95003; (83 1) 688-016 DATE: 7/1 2/201 8 ‘ Clerk, by Adam Berg ~ fl . D ty(FeCh3) ALEX CALVO (Secretario) «'- . x ~ djunto) (For proof of service of this summons, use Proof of Service of Summons (form POS-01 0).) /~ - (Para prueba de entrega de esta citation use eI formulario Proof of Service of Summons, (POS-010)). S L NOTICE T0 THE PERSON SERVED: You are served ‘ I EA I 1. E as an individual defendant. 2. E as the person sued under the fictitious name of (specifiI): 3. E on behalf of (specify): under: E CCP 416.10 (corporation) CCP 416.60 (minor)E CCP 416.20 (defunct corporation) CCP 41 6.70 (conservatee)D CCP 416.40 (association or partnership) E CCP 416.90 (authorized person)E other (specify): 4. E by personal delivery on (date): Page 1 of 1"WC. SUMMONS cm°*°~IP~*.II:.§.§.IL%§2.:323 SUM-1oo [Rem .IuIy 1, 2009] u) CM-01U ATT'QRNEY OR PARTY WITHOUT ATTORNEY ame, Stale Bar number, and address): FOR COURT USE ONLY F‘Nlcholava. Holder, SBN 295358 ELECTRONICALLY FILED ' ggggxgggfig‘ g§§2&R’ An Ass°°iafi°n “Attorneys ~ I I Superior Court 9f California Aptos, CA 95003-4034 County of Santa Cruz TELEPHONE N0. 1831 )1-688 0163 FAX No; (831) 688-0896 7/1 2/2018 11201 AM manual Foams”).- a Flores and Daniel Paul Flores _ AIex Calvo Clerk SUPERIOR coun'r 0F cALIFORNIA. cOUN'rY 0F SANTA C v V ,, y STREErADDRESS= 191 North First Street _ " MAILING ADDRESS: 191 North Flrst Street cmrANDZIP cooE: San Jose 951 13 J , I > ' 7 4. .5 “ I ' BRANCH NAME Downtown Superior Court (D%) MAY 1 7 2019 “‘5 fl fl -CASE NAME. ' I -'3%By. Adam Berg, Deputy Anna Flores, et a1. v. Gabino Crispin Amaya, et afilerk O_f the CCU“ CIVIL CASE COVER SHEET gompl'éx casain ‘3" 'n° DEM ?fse NUMBER; Unlimited D Limited D W-W"‘WfiWfid(Amount - (Am0unt counter J > JUDGE. demanded demanded is Filed with first appearance by defendant ' exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3 .402) DEPT: Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case. Auto Tort Contract . ' Provisionally Complex Civil Litigation Auto (22) _ ' _ E Breach of comrawwanamy (06') x (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) ' D Rule 3.740‘collections (09) . D AntitmstlTrade regulation (03) Other PIIPDNVD (Personal InjuryIPro‘perty ' D Other collections (09) E Construction defect (1 0) Damage/Wmngful Death) T0” . D Insumnce coverage (18) D Mass 10ft (40) I Asbestos (O_4) D other cohtract (37) E Securities litigation (28) Product liability (24) Rea; property _ D Environmentalrroxic ton (30) Medical ma'pradibe (45) Eminent do_mainlanerse lnsurancé coverage claims arising from theD Other pllpD/WD (23) . condemnatIon (14) above listed provisionally complex case Non-PIIPDIWD (ether) Tort D Wrongful eviction (33) ' ' types (41) Business ton/unfair business practice (07) D Other real pmpefly (26) 4 Enf°rcement °fJUd9.mentE Civil rights (03) UnIaquI Detainer E Enforcement ofjudgment (20)D Defamation (13) Commercial (31) Miscellaneous civil ComplaintD Fraud (16) . ' E Residential (32) V D Rico (27) ~D inteIIectuaI prope'rty (1'9) ' v D Drugs (38) ' ' Other complaint (not specified above) (42)D Professional negligence (25) J udicial Review Miscellaneous cw" PetitionD Other non-Pl/PD/WD tort (35) D Asset fmeiture (05) Partnership and corporate governance (21) Employment E Petition re: arbitration award (11) D Other pemion (not specified above) (43)E Wrongful termination (36) D Writ of mandate (02)D Other employment (15) i D Other judicial review (39) 2. This case E Is m is not complex under rule 3 .400 of the California Rules of Court. if the case is complex. mark the factors requiring exceptional judicial management. a. E Large number of separately represented parties d. D Large number of witnesses b. D . Extensive motionpractice raising difficult or novel e. E Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, 'or in a federal court c. [j Substantial amount of documentary évidencé f. D Substantial postjudgmentjudiciai supervision Remedies sought (check all that apply): a.m monetary b.E nonmonetary; declare ory - ' Number of causes of action (specify): 1 (Mo'tOr Vehicle) This case E Is - Is not a class action suit. If there are any known related cases,Ifile and serve a notice of related “ - Date: July 12, 2018 Nicholas L. Holder (TYPE 0R PRINT NAME) 'unctive relief 3 c. DpUnitive‘ 9’9"??? o Plaintiff must file this cover sheet with the first paperIfiled'In the action or procee- under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220. ) FaiIUre to file may result in sanctions. 0 File this cover sheet”In addition to any cover sheet required by local court rule. 0 lf this case is complex under rule 3 .400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. ' o Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes only _ fl Form Adopted tar Mandatoty Use Cal. Rules of Cnim. rules 2.30. 3.220. 3.4004403. 3.740; Judidal Councfl of California CIVIL CASE COVER SHEET Cal. Standards of Judicial Administration, std. 3.10 CM-01O [Rev.July1. 2007] > ' ' ' ~ www.martlnfo.ca.gov M INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM 01o To Plaintiffs and Others Filing First Papers. if you are filing a first paper (for example. a complaint) in a civil Case. you must complete and file, along with. yourIfirst paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. ln item 1, you must check one box for the case type that best describes the case. lf the case fits both a general and a more specific type of case listed in item 1, check the more specific one. if the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet. examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment wrlt of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management mles, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment”In rule 3.740. To Parties in Complex Cases. ln c'omplex cases only. parties must also use the Civil Case Cover Sheet to designate whether the case is complex. lf a plaintiff believes the case is complex under rule 3 .400 of the Callfomia Rules of Court, this must be indicated by completing the appropriate boxes In items 1 and 2. If a plaintiff designates a case as complex the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. Auto Tort Auto (22)-Personal Injury/Property Damage/Wrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead ofAuto) Other PIIPDIWD (Personal injury] Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal lnjury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PIIPDIWD (23) Premises Liability (e.g., siip and fall) Intentional Bodily lnquyIPDNVD (e.g., assault, vandalism) Intentional infliction of Emotional Distress Negligent lnfliction of Emotional Distress Other Pl/PDNVD Non-Pl/PDMID (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) 13 ' Fraud (16) intellectual Property (1 9) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-Pl/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CM-OtO [Rev. July 1, 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Wananty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of Contract/Warranty Collections (e.g., money owed, open book accounts) (09) Collection Case-Seller Plaintiff Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (1 8) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, Iandlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal dmgs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 1400-3403) Antitrust/Trade Regulation (03) Construction Defect (1 0) Claims Involving Mass Tort (40) Securities Litigation (28) Environmentalfl‘oxioTort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestlc relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of - Judgment on Unpaid Taxes OtheCr Enforcementof Judgment ase Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only lnjunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Govemance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult . Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civll Petition Page 2 of 2