Statement Settlement Conference

Cal. Super. - 6th Dist.May 28, 2019

A OQOONOUU‘l-POON 1QCV348701 Santa Clara - Civil System Sy . . . Electronically Filed Christina E. Klm, Es . SBN 241697 . GILSLEIDER, MCMXH(0N, MOLINE)LLI & PHAN by Super“ 00"” °f CA, SALARIED EMPLOYEES 0F PROGRESSIVE CASUALTY INSURANCEQGW‘” Santa Clara: 2300 Clayton Road, Suite 430 0n 5/1 9/2021 10124 AM Concord, CA 94520-2142 Reviewed By: System System (925) 446-31 15 Direct Line Case #1 9cv3437o1 (866) 203'8166 Fax Envelope: 6474903 Christina_Kim@progressive.com Attorneys for Defendant, SYDNEY GOSSETT SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - LIMITED JURISDICTION STATE FARM MUTUAL AUTOMOBILE Case N0.: 19CV348701 INSURANCE COMPANY, PLAINTIFF, DEFENDANT SYDNEY GOSSETT’S V. MANDATORY SETTLEMENT BRIEF CINDY GOSSETT, AND DOES 1-40, Date: May 26, 2021 INCLUSIVE, Time: 9:00 a.m. Dept: 19 DEFENDANTS. Complaint Filed: 05/28/2019 VVVVVVVVVVVVVVV Amount Of Damages:$12,804.76 FACTUAL BACKGROUND This case stems from a motor vehicle accident that occurred on July 17, 201 8 on eastbound Hecker Pass Rd. in Gilroy. The accident involved four vehicles. Defendant rear-ended Plaintiff’s insured’s vehicle, pushing the vehicle forward into a third vehicle. Defendant does not dispute liability for purposes of the MSC. Plaintiff demand $12,804.76 and was offered a prorated amount 0f $3,859.68. Plaintiff’s insured demands $522.18 for out-of-pocket damages and was offered $157.40. Defendant’s insurance has been exhausted as a result of four claims filed against her policy. Parties completed mediation on November 22, 2019. Plaintiff’s final demand 1 DEFENDANT SYDNEY GOSSETT’S MANDATORY SETTLEMENT BRIEF stem OQOONOUU‘l-POONA NNNNNNNNNAAAAAAAAAA WNOUU‘I-POJNAOOWVGU‘I-POONA was $3,000 in contribution from Defendant. Defendant, who was living and working in Tennessee at the time, earned $2.13/hr as a server and offered $1,000 in contribution. DEFENDANT’S ARGUMENTS Defendant lost her job at the beginning of the pandemic in 2020. She then moved to Utah and began working as a sales associate at Zion Outfitters. She earns $1 ,600 a month. Defendant lives paycheck to paycheck. She also has approximately $1 1 ,500 in student loans. She is enrolled in massage school. Defendant served a CCP 96 Request on April 16, 2021. Plaintiff has not responded to date. Defendant plans on filing a motion in limine to exclude Plaintiff’s expert(s) from testifying given their failure to timely respond. Exclusion of Plaintiff’s expert(s) will impede their ability to prove their damages. Dated: May 19, 2021 GILS IDER, CMAHON, M LINELLI & PHAN s CHRISTINA E. KIM Attorney for Defendant, SYDNEY GOSSETT 2 DEFENDANT SYDNEY GOSSETT’S MANDATORY SETTLEMENT BRIEF OQOOONOUU‘l-waA NNNNNNNNNAAAAAAAAAA WNOUU‘I-POJNéoomNaU‘l-POONA PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY 0F CONTRA COSTA ) SS: | am employed in the County of Contra Costa, State of California, | am over the age of 18 and not a party to the within action; my business address is 2300 Clayton Road, Suite 430, Concord, CA 94520-2142. On May 19, 2021, | served the foregoing document described as DEFENDANT SYDNEY GOSSETT’S MANDATORY SETTLEMENT BRIEF on the parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: D D SEE ATTACHED SERVICE LIST BY MAIL: | am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Concord, California, in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. BY PERSONAL SERVICE: l caused such envelope to be delivered by hand to the offices of the addressee. BY OVERNIGHT MAIL: | arranged for such envelope to be delivered to the addressees as listed on the service list. BY FACSIMILE: In addition to regular mail, | sent this document via facsimile to the numbers as listed on the service list and pursuant to CCP §1013(e). BY ELECTRONIC SERVICE: I sent this document via electronic transmission to the offices of the addressees as listed on the service list and pursuant to CCP §1010.6. (State) | declare under penalty of perjury under the laws of the State of California that the above is true and correct. (Federal) | declare that | am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on May 19, 2021, at Concord,Califw QKW Laura A. Sabbatino 3 DEFENDANT SYDNEY GOSSETT’S MANDATORY SETTLEMENT BRIEF A OQOONOUU‘l-POON SERVICE LIST Richard L. Mahfouz, II, Esq. Clerkin Sinclair & Mahfouz, LLP california.legal@clerkinlaw.com;sfdiscovery@clerkinlaw.com 530 B Street, 8th Floor San Diego, CA 92101 (61 9) 308-6550/(61 9) 923-3143 (F) Attorney for Plaintiff State Farm Mutual Automobile Insurance Company 4 DEFENDANT SYDNEY GOSSETT’S MANDATORY SETTLEMENT BRIEF