Notice FiledCal. Super. - 5th Dist.August 17, 2021 1 ________________________________________________________________________________________________ NOTICE OF PENDING ACTION Harris, Caroline / 064684842 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NATHALIE TANG (SBN 323364) Attorney at Law STATE COMPENSATION INSURANCE FUND STATE FUND SUBROGATION PO BOX 28917 FRESNO, CA 93729-8917 Telephone: 707-880-1870 Fax: 323-266-5273 E-mail: NTang@scif.com Attorney for Plaintiff, STATE COMPENSATION INSURANCE FUND SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO UNLIMITED JURISDICTION STATE COMPENSATION INSURANCE FUND, Plaintiff, v. KEVIN PARICK MASINGALE; and DOES 1 to 20, Inclusive, Defendants. Case No. 21CECG02424 NOTICE OF PENDING ACTION Dept. 502 Judge: Hon. Rosemary McGuire Complaint Filed on August 18, 2021 TO CAROLINE L. HARRIS AND TO HER ATTORNEY OF RECORD: Pursuant to Labor Code section 3853, you are hereby notified that Plaintiff herein filed a civil suit for damages against the above-named defendants in the above-entitled court. A copy is attached as Exhibit A. This action arises out of an injury sustained by CAROLINE L. HARRIS, employed by the STATE OF CALIFORNIA, DEPT OF SOCIAL SERVICES, on August 20, 2019 in the County of Fresno, State of California, arising out of and in the course of employment. /s/ Nathalie Tang Dated: August 24, 2021 By: _____________________________________ Nathalie Tang Attorney for Plaintiff STATE COMPENSATION INSURANCE FUND E-FILED 8/24/2021 1:10 PM Superior Court of California County of Fresno By: I. Herrera, Deputy 2 ________________________________________________________________________________________________ NOTICE OF PENDING ACTION Harris, Caroline / 064684842 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A SUMMONS (CITACION JUDICIAL) , Deputy (Adjunto) Form Adopted for Mandatory Use Judicial Council of California SUM-100 [Rev. July 1, 2009] SUMMONS Code of Civil Procedure §§ 412.20, 465 www.courts.ca.gov [SEAL] SUM-100 (For proof of service of this summons, use Proof of Service of Summons (form POS-010).) (Para prueba de entrega de esta citatión use el formulario Proof of Service of Summons, (POS-010)). The name and address of the court is: (El nombre y dirección de la corte es): CASE NUMBER: (Número del Caso): The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la dirección y el número de teléfono del abogado del demandante, o del demandante que no tiene abogado, es): DATE: (Fecha) NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): YOU ARE BEING SUED BY PLAINTIFF: (LO ESTÁ DEMANDANDO EL DEMANDANTE): FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) NOTICE TO THE PERSON SERVED: You are served 1. 2. as an individual defendant. as the person sued under the fictitious name of (specify): 3. under: 4. CCP 416.10 (corporation) CCP 416.20 (defunct corporation) CCP 416.40 (association or partnership) CCP 416.60 (minor) CCP 416.70 (conservatee) CCP 416.90 (authorized person) by personal delivery on (date): other (specify): on behalf of (specify): Page 1 of 1 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 this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will 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 California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), 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 requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, 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.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), 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. ¡AVISO! Lo han demandado. Si no responde dentro de 30 días, la corte puede decidir en su contra sin escuchar su versión. Lea la información a continuación. Tiene 30 DÍAS DE CALENDARIO después de que le entreguen esta citación y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefónica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y más información en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de leyes de su condado o en la corte que le quede más cerca. Si no puede pagar la cuota de presentación, pida al secretario de la corte que le dé un formulario de exención de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podrá quitar su sueldo, dinero y bienes sin más advertencia. Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisión a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con la corte o el colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperación de $10,000 ó más de valor recibida mediante un acuerdo o una concesión de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que la corte pueda desechar el caso. Clerk, by (Secretario) B.F. Sisk Courthouse 1130 O Street Fresno, CA 93721-2220 Nathalie Tang (SBN 323364); State Compensation Insurance Fund, PO Box 28917, Fresno, CA 93729-8917; 707-880-1870 Kevin Parick Masingale; and DOES 1 to 20, inclusive. State Compensation Insurance Fund E-FILED Superior Court of California County of Fresno By: E. Meyer, Deputy 8/18/2021 8/18/2021 21CECG02424 E. Meyer 1. 2. Form Approved for Optional Use Judicial Council of California PLD-PI-001 [Rev. January 1, 2007] Code of Civil Procedure, § 425.12 www.courts.ca.gov COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 1 of 3 Plaintiff (name or names): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: BRANCH NAME: CITY AND ZIP CODE: PLAINTIFF: DEFENDANT: DOES 1 TO COMPLAINT-Personal Injury, Property Damage, Wrongful Death AMENDED MOTOR VEHICLE OTHER Type (check all that apply): (Number): (specify): Property Damage Wrongful Death Personal Injury Other Damages (specify): ACTION IS A LIMITED CIVIL CASE ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) Jurisdiction (check all that apply): does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 Amount demanded ACTION IS RECLASSIFIED by this amended complaint from limited to unlimited from unlimited to limited FOR COURT USE ONLY CASE NUMBER: PLD-PI-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): alleges causes of action against defendant (name or names): This pleading, including attachments and exhibits, consists of the following number of pages: Each plaintiff named above is a competent adult3. a. except plaintiff a corporation qualified to do business in California an unincorporated entity a public entity a minor an adult (2) (1) (4) (3) (describe): (describe): (specify): (name): for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other(b) (a) (5) (specify):other b. except plaintiff a corporation qualified to do business in California an unincorporated entity a public entity a minor an adult (2) (1) (4) (3) (describe): (describe): (specify): (name): for whom a guardian or conservator of the estate or a guardian ad litem has been appointed other(b) (a) (5) (specify):other Information about additional plaintiffs who are not competent adults is shown in Attachment 3. State Compensation Insurance Fund FRESNO 1130 O Street B.F. Sisk Courthouse Fresno, CA 93721-2220 State Compensation Insurance Fund Kevin Parick Masingale; and 20, inclusive. Nathalie Tang (SBN 323364) STATE COMPENSATION INSURANCE FUND PO BOX 28917 FRESNO, CA 93729-8917 707-880-1870 323-266-5273 ntang@scif.com State Compensation Insurance Fund Kevin Parick Masingale; and DOES 1 to 20, inclusive. 4 a public enterprise fund for the State of California State Compensation Insurance Fund E-FILED 8/17/2021 8:05 AM Superior Court of California County of Fresno By: E. Meyer, Deputy 21CECG02424 and has complied with the fictitious business name laws. PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 2 of 3 PLD-PI-001 SHORT TITLE: CASE NUMBER: (name):Plaintiff4. is doing business under the fictitious name (specify): Each defendant named above is a natural person5. a. except defendant a business organization, form unknown a corporation an unincorporated entity (2) (1) (3) (describe): (name): a public entity(4) (describe): other(5) (specify): c. except defendant a business organization, form unknown a corporation an unincorporated entity (2) (1) (3) (describe): (name): a public entity(4) (describe): other(5) (specify): b. except defendant a business organization, form unknown a corporation an unincorporated entity (2) (1) (3) (describe): (name): a public entity(4) (describe): other(5) (specify): d. except defendant a business organization, form unknown a corporation an unincorporated entity (2) (1) (3) (describe): (name): a public entity(4) (describe): other(5) (specify): Information about additional defendants who are not natural persons is contained in Attachment 5. The true names of defendants sued as Does are unknown to plaintiff.6. a. b. Doe defendants (specify Doe numbers): were the agents or employees of other named defendants and acted within the scope of that agency or employment. Doe defendants (specify Doe numbers): are persons whose capacities are unknown to plaintiff. (names):Defendants who are joined under Code of Civil Procedure section 382 are7. at least one defendant now resides in its jurisdictional area. the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. injury to person or damage to personal property occurred in its jurisdictional area. b. a. d. c. This court is the proper court because8. other (specify): Plaintiff is required to comply with a claims statute, and9. has complied with applicable claims statutes, or is excused from complying because a. b. (specify): State Fund v. Kevin Parick Masingale; et al. Does 1-10 defendants unknown at this time 1-10 11-20 (SIGNATURE OF PLAINTIFF OR ATTORNEY) Date: (TYPE OR PRINT NAME) PLD-PI-001 SHORT TITLE: CASE NUMBER: a. b. c. d. e. f. Motor Vehicle General Negligence Intentional Tort Products Liability Premises Liability The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached): 10. Other (specify): a. b. c. d. e. g. wage loss loss of use of property hospital and medical expenses general damage property damage Plaintiff has suffered11. other damage (specify): The damages claimed for wrongful death and the relationships of plaintiff to the deceased are12. listed in Attachment 12. as follows: a. b. 13. The relief sought in this complaint is within the jurisdiction of this court. Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for14. PLD-PI-001 [Rev. January 1, 2007] COMPLAINT-Personal Injury, Property Damage, Wrongful Death Page 3 of 3 compensatory damages punitive damages(2) (1)a. The amount of damages is (in cases for personal injury or wrongful death, you must check (1)): according to proof in the amount of:(2) (1) $ (specify paragraph numbers):The paragraphs of this complaint alleged on information and belief are as follows15. f. loss of earning capacity 08/17/2021 Nathalie Tang State Fund v. Kevin Parick Masingale; et al. Workers' compensation benefits paid pursuant to Labor Code Sections 3850-3865. To the extent, Plaintiff is obligated to claim damages for, or of, the injured worker, Caroline L. Harris, Plaintiff does so claim. CAUSE OF ACTION-Motor Vehicle ATTACHMENT TO (Use a separate cause of action form for each cause of action.) DEFENDANTS a. b. (names): The defendants who employed the persons who operated a motor vehicle in the course of their employment are c. Code of Civil Procedure 425.12 www.courts.ca.gov Page 1 of 1 PLD-PI-001(1) (number) at (place): (names): (names): (names): (names): Complaint Cross-Complaint MV- 1. Plaintiff alleges the acts of defendants were negligent; the acts were the legal (proximate) cause of injuries and damages to plaintiff; the acts occurred Plaintiff (name): on (date): MV- 2. The defendants who operated a motor vehicle are d. e. f. The defendants who owned the motor vehicle which was operated with their permission are The defendants who entrusted the motor vehicle are The defendants who were the agents and employees of the other defendants and acted within the scope of the agency were The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are listed in Attachment MV-2f as follows: CASE NUMBER:SHORT TITLE: Does to Page Does to Does to Does to Does to Does to Form Approved for Optional Use Judicial Council of California PLD-PI-001(1) [Rev. January 1, 2007] CAUSE OF ACTION-Motor Vehicle First Highway 168 Westbound before 41 off ramp, middle land in Fresno, CA 93726 Kevin Parick Masingale State Compensation Insurance Fund August 20, 2019 State Fund v. Kevin Parick Masingale; et al. 20 4 1 201 201 201 201 Auto Tort 1. Check one box below for the case type that best describes this case: Form Adopted for Mandatory Use Judicial Council of California CM-010 [Rev. July 1, 2007] Cal. Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Cal. Standards of Judicial Administration, std. 3.10 www.courts.ca.gov CIVIL CASE COVER SHEET Page 1 of 2 SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: BRANCH NAME: CITY AND ZIP CODE: JUDGE: DEPT.: CASE NAME: CIVIL CASE COVER SHEET Unlimited (Amount demanded exceeds $25,000) Limited (Amount demanded is $25,000) Complex Case Designation Counter Joinder Filed with first appearance by defendant (Cal. Rules of Court, rule 3.402) FOR COURT USE ONLY CASE NUMBER: CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): ATTORNEY FOR (Name): Auto (22) Uninsured motorist (46) Asbestos (04) Product liability (24) Medical malpractice (45) Other PI/PD/WD (23) Other PI/PD/WD (Personal Injury/Property Damage/Wrongful Death) Tort Business tort/unfair business practice (07) Civil rights (08) Defamation (13) Fraud (16) Non-PI/PD/WD (Other) Tort Intellectual property (19) Professional negligence (25) Other non-PI/PD/WD tort (35) Employment Wrongful termination (36) Other employment (15) Contract Breach of contract/warranty (06) Rule 3.740 collections (09) Other collections (09) Insurance coverage (18) Other contract (37) Eminent domain/Inverse condemnation (14) Real Property Wrongful eviction (33) Other real property (26) Commercial (31) Residential (32) Unlawful Detainer Drugs (38) Asset forfeiture (05) Petition re: arbitration award (11) Judicial Review Writ of mandate (02) Other judicial review (39) Antitrust/Trade regulation (03) Construction defect (10) Mass tort (40) Securities litigation (28) Provisionally Complex Civil Litigation (Cal. Rules of Court, rules 3.400-3.403) Environmental/Toxic tort (30) Insurance coverage claims arising from the above listed provisionally complex case types (41) Enforcement of judgment (20) RICO (27) Enforcement of Judgment Other complaint (not specified above) (42) Miscellaneous Civil Complaint Partnership and corporate governance (21) Other petition (not specified above) (43) Miscellaneous Civil Petition Items 1-6 below must be completed (see instructions on page 2). 2. This case is 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: Large number of separately represented parties Large number of witnessesd.a. Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court e.b. Substantial amount of documentary evidencec. Substantial postjudgment judicial supervisionf. Remedies sought (check all that apply):3. monetarya. nonmonetary; declaratory or injunctive reliefb. punitivec. Number of causes of action (specify):4. 5. This case is notis a class action suit. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)6. (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) Date: (TYPE OR PRINT NAME) NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. File this cover sheet in addition to any cover sheet required by local court rule. If 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. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. • • • • FRESNO 1130 O Street B.F. Sisk Courthouse Fresno, CA 93721-2220 State Compensation Insurance Fund v. Kevin Parick Masingale; and DOES 1 to 20, inclusive. Nathalie Tang (SBN 323364) PO BOX 28917 FRESNO, CA 93729-8917 707-880-1870 323-266-5273 State Compensation Insurance Fund One 08/17/2021 Nathalie Tang E-FILED 8/17/2021 8:05 AM Superior Court of California County of Fresno By: E. Meyer, Deputy 21CECG02424 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 your first 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. In item 1, you must check one box for the case type that best describes the case. If 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 writ 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 rules, 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. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California 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. INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 [Rev. July 1, 2007] CIVIL CASE COVER SHEET Page 2 of 2 CM-010 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 of Auto) Other PI/PD/WD (Personal Injury/ Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians & Surgeons Other Professional Health Care Malpractice Other PI/PD/WD (23) Premises Liability (e.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-PI/PD/WD (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 (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) Contract/Warranty 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) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse 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, landlord/tenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) 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 Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) Antitrust/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (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- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive 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 Governance (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 Civil Petition CV-48 R07-21 OPTIONAL NOTICE OF CASE MANAGEMENT CONFERENCE AND ASSIGNMENT OF JUDGE FOR ALL PURPOSES SUPERIOR COURT OF CALIFORNIA • COUNTY OF FRESNO Civil Unlimited Department, Central Division 1130 "O" Street Fresno, California 93724-0002 (559) 457-1900 TITLE OF CASE: State Compensation Insurance Fund vs Kevin Masingale FOR COURT USE ONLY 8/18/2021 Filed by Court CASE NUMBER:NOTICE OF CASE MANAGEMENT CONFERENCE AND ASSIGNMENT OF JUDGE FOR ALL PURPOSES 21CECG02424 To All Parties and their Attorneys of Record: Nathalie Tang State Compensation Insurance Fund PO BOX 28917 Fresno CA 93729 This case has been assigned to Rosemary McGuire, Judge for all purposes. All future hearings will be scheduled before this assigned judge, in Department 502 You are required to appear at a Case Management Conference on 12/15/2021 at 3:30 PM in Department 402 of the Court located at 1130 "O" Street, Fresno, California. You must comply with the requirements set forth in the Superior Court of Fresno County, Local Rules, Chapter 2. Failure to appear at the conference may result in imposition of sanctions, waiver of jury trial, or other adverse consequences. Defendants: Appearance at the Case Management Conference does not excuse you from having to file your response in proper legal form within 30 days after the summons is served on you. Failure to file a response in a timely manner may result in adverse consequences, including a default judgment being entered against you. If you do not have an attorney and wish to retain one, there are attorney referral services, legal aid offices, and private practice attorneys in the Fresno area (most may be found on the internet or the local phone book). DECLARATION I declare under penalty of perjury under the laws of the State of California that I gave a copy of the Notice of Case Management and Assignment of Judge for All Purposes to the person who presented this case for filing. Date: 8/18/2021 Clerk, by Elise Meyer , Deputy Alternative Dispute Resolution Information Packet Overview & History Alternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper, and less stressful than going to court. Most importantly, the use of ADR can provide greater satisfaction with the way disputes are resolved. ADR has been gradually evolving within the Fresno Superior Court for the past several years. In 1999 the Court recognized a need for greater public access to dispute resolution for cases and established an ADR Department. This department assists parties by providing information regarding ADR processes and services. Civil Standing Order Regarding ADR: In 2006, a Case Management Conference (CMC) Standing Order 07-0628, was implemented requiring parties in general civil cases filed in Fresno County Superior Court to participate in ADR prior to trial. This order and supporting ADR forms can be found on the court’s website, www.fresno.courts.ca.gov under the “Forms,” section. Please note, participation in ADR does not eliminate the need for proper and timely filing of case documents, such as an Answer to Complaint. Disputes ADR techniques have been used successfully in a variety of disputes involving individuals, small and large businesses, government, and the general public. Various types of ADR processes are available depending on the nature of the dispute. Many types of conflict often lend themselves to an alternative and informal method of dispute resolution. Some examples of disputes often settled by ADR include but are not limited to: • Business disputes- contracts, partnerships • Property / Land use disputes- property transfers, boundaries, easements • Family disputes - divorce, property, custody, visitation, support issues • Consumer / Collection disputes- repairs, services, warranties, debts • Employment disputes- employment contracts, terminations • Landlord / Tenant disputes- evictions, rent, repairs, security deposits • Neighborhood disputes / Relational disputes or other civil or personal conflicts • Personal Injury / Insurance disputes- accidents, coverage, liability Processes: The most common forms of ADR are Mediation, Arbitration, and Case Evaluation. In most ADR processes, a trained, impartial person decides or helps the parties reach resolution of their dispute together. The persons are neutrals who are normally chosen by the disputing parties or by the court. Neutrals can often help parties resolve disputes without having to go to court or trial. Below is a description of commonly used processes: Mediation In mediation, the mediator (a neutral) assists the parties in reaching a mutually acceptable resolution of their dispute. Unlike lawsuits or some other types of ADR, the mediator does not decide how the dispute will be resolved, the parties do. It is a cooperative process guided by the mediator to create an agreement that addresses each person’s interests. Mediation often leads to better communication between the parties and lasting resolutions. It is particularly effective when parties have a continuing relationship, such as neighbors or businesses. It also is very effective where personal feelings are getting in the way of a resolution. Mediation normally gives the parties a chance to express their concerns in a voluntary and confidential process while working towards a resolution. The mediation process is commonly used for most civil case types and can provide the greatest level of flexibility for parties. Arbitration In arbitration, the arbitrator (a neutral) reviews evidence, hears arguments, and makes a decision (award) to resolve the dispute. This is very different from mediation whereby the mediator helps the parties reach their own resolution. Arbitration is generally quicker, less expensive and less formal than a lawsuit. An arbitrator can often hear a case in a matter of hours rather than days in a trial. This is because the evidence can be submitted by documents rather than by testimony. 1. Binding Arbitration: Usually conducted by a private arbitrator, this process takes place outside of the Court. "Binding" means that the arbitrator's decision (award) is final and there will not be a trial or an opportunity to appeal the decision. 2. Non-Binding Arbitration: May be ordered through the Court (Judicial Arbitration) or conducted privately. In this process, the arbitrator's decision is “not binding.” This means that if a party is not satisfied with the decision of the arbitrator, they can file a request for trial with the court within a specified time. However, depending on the process if that party does not receive a more favorable result at trial, they may have to pay a penalty. Case Evaluation In case evaluation, the evaluator (a neutral) gives an opinion on the strengths and weaknesses of each party's evidence and arguments. Each party gets a chance to present their case and hear the other side. This may lead to a settlement, or at the least, help the parties prepare to resolve the dispute later. Case evaluation, like mediation, can come early in the dispute and save time and money. The case evaluation process is most effective when parties have an unrealistic view of the dispute, need outside assistance in determining case value, and have technical or procedural questions to be worked out. This process is sometimes used in combination with mediation or arbitration. ADR Agreements: Agreements reached through ADR are normally put into writing and can become binding contracts that are enforceable in court. Parties may choose to seek the advice of an attorney as to your legal rights and other matters relating to the dispute before finalizing any agreement. ADR Process Selection & Information: There are several other types of ADR. Some of these include Conciliation, Settlement Conference, Fact Finding, Mini-Trial, Victim Offender Conferencing, and Summary Jury Trial. Sometimes parties will try a combination of ADR types. The important thing is to find the type of ADR that is most likely to resolve the dispute. Contact the ADR department staff for assistance for additional information and referral to services appropriate for each specific case. Advantages & Disadvantages of ADR: Advantages Often quicker than going to trial, a dispute may be resolved in a matter or days or weeks instead of months or years. Often less expensive, saving the litigants court costs, attorney's fees and expert fees. Permits more participation and empowerment, allowing the parties the opportunity to tell their side of the story and have more control over the outcome. Allows for flexibility in choice of ADR processes and resolution of the dispute. Fosters cooperation by allowing the parties to work together with the neutral to resolve the dispute and mutually agree to a remedy. Often less stressful than litigation. Most people have reported a high degree of satisfaction with ADR. Because of these advantages, many parties choose ADR to resolve disputes instead of filing a lawsuit. Even after a lawsuit has been filed, the court can refer the dispute to a neutral before the lawsuit becomes costly. ADR is even used to resolve disputes after trial, when the result is appealed. Disadvantages ADR may not be suitable for every dispute. If the ADR process is binding, the parties normally give up most court protections, including a decision by a judge or jury under formal rules of evidence and procedure, and review for legal error by an appellate court. ADR may not be effective if it takes place before the parties have sufficient information to resolve the dispute. The neutral may charge a fee for his or her services. If the dispute is not resolved through ADR, the parties may then have to face the usual and traditional costs, such as attorney's fees and expert fees. Lawsuits must be brought within specified periods of time, known as Statutes of Limitations. Parties must be careful not to let a Statute of Limitation run while a dispute is in an ADR process Neutral Selection: The selection of a neutral is an important decision. Please note that currently there is no legal requirement that the neutral be licensed or hold any particular certificate. However, many programs and the Court have established qualification requirements and standards of conduct for their neutral panels. Mediation Services Offered by Fresno County Superior Court Mediation Practitioner Panel: Fresno County Superior Court, Alternative Dispute Resolution (ADR) Department maintains a fee-for- service Mediation Panel as a public service for court litigants and the community. Those listed have met the Court's eligibility requirements and have agreed to abide by the Court’s professional standards of conduct in order to participate as a panel member. The panel list can be found on the Court’s website under the Alternative Dispute Resolution link, www.fresno.courts.ca.gov/alternative_dispute_resolution/ Free / Low Cost ADR Service Options For cases involving self-represented litigants or those unable to afford a private mediator, the court contracts with the following organization to provide free or low cost mediation services through Dispute Resolution Program Act (DRPA) funding. • Better Business Bureau Mediation Center- This organization provides mediation for family law property disputes, small claims, landlord / tenant, business, consumer/ merchant, harassment, and neighborhood disputes. For more information about their services go to www.bbb.org/central-california-inland-empire/programs-services/mediation-services 2600 W. Shaw Lane Fresno, CA 93711 559.256.6300 (phone) 800.675.8118, ext. 300 (toll free) For more information, go to www.fresno.courts.ca.gov/alternative_dispute_resolution or contact: Mari Henson, Administrator 1130 “O” Street, Fresno, CA. 93724 TEL (559) 457-1908, FAX (559) 457-1691 mhenson@fresno.courts.ca.gov Carlos Guzman, Asst. Administrator 1130 “O” Street, Fresno. CA. 93724 TEL (559) 457-1909, FAX (559) 457-1691 cguzman@fresno.courts.ca.gov TADR-01 R08-20 MANDATORY STIPULATION REGARDING ALTERNATIVE DISPUTE RESOLUTION (ADR) FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): TELEPHONE NO: FAX NO: ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA • COUNTY OF FRESNO 1130 "O" Street Fresno, California 93724-0002 (559) 457-1909 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: STIPULATION REGARDING ALTERNATIVE DISPUTE RESOLUTION (ADR) The parties stipulate that they will engage in the following Alternative Dispute Resolution (ADR) process: Mediation Arbitration Neutral Case Evaluation Other The parties further stipulate that has been selected as the mediator/arbitrator/neutral. Address: City, State, Zip Phone Number: ( ) The parties acknowledge that they shall engage in some form of Alternative Dispute Resolution (ADR). The selected ADR process must be completed prior to the Mandatory Settlement Conference. Unless excused by the Court upon a timely showing of good cause by written declaration, failure to complete ADR may result in the cancellation of a Mandatory Settlement Conference and Court-imposed sanctions. Parties will be required to file an Alternative Dispute Resolution (ADR) Status Report at least 10 court days prior to the Mandatory Settlement Conference. Failure to do so may result in sanctions at an Order to Show Cause (OSC) hearing set by the court. Date Type or Print Name Signature of Party or Attorney for Party Date Type or Print Name Signature of Party or Attorney for Party Date Type or Print Name Signature of Party or Attorney for Party Date Type or Print Name Signature of Party or Attorney for Party Additional signatures on Stipulation Regarding Alternative Dispute Resolution (ADR) Attachment TADR-02 R11-11 STIPULATION REGARDING ALTERNATIVE DISPUTE RESOLUTION (ADR) ATTACHMENT MANDATORY Page 1 of 1 FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA • COUNTY OF FRESNO 1130 "O" Street Fresno, California 93724-0002 (559) 457-1909 CASE TITLE: CASE NUMBER: STIPULATION REGARDING ALTERNATIVE DISPUTE RESOLUTION (ADR) ATTACHMENT Date Type or Print Name Signature of Party or Attorney for Party Date Type or Print Name Signature of Party or Attorney for Party Date Type or Print Name Signature of Party or Attorney for Party Date Type or Print Name Signature of Party or Attorney for Party Date Type or Print Name Signature of Party or Attorney for Party Date Type or Print Name Signature of Party or Attorney for Party Date Type or Print Name Signature of Party or Attorney for Party TADR-03 R11-011 ALTERNATIVE DISPUTE RESOLUTION STATUS REPORT (ADR) MANDATORY Page 1 of 2 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): TELEPHONE NO: FAX NO: ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA • COUNTY OF FRESNO 1130 "O" Street Fresno, California 93724-0002 (559) 457-1909 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: ALTERNATIVE DISPUTE RESOLUTION STATUS REPORT (ADR) Type of Civil Case: Personal Injury - Property Damage/Auto Personal Injury - Property Damage Contract Other Date Complaint Filed: Amount in controversy: $0 to $25,000 $25,000 to $50,000 $50,000 to $100,000 Over $100,000.00 (specify) Date of Alternative Dispute Resolution (ADR) Conference: Name, address, and telephone number of person who conducted the Alternative Dispute Resolution (ADR) Conference: Case resolved by Alternative Dispute Resolution: Yes (proper filing of a Notice of Settlement or Dismissal form is required by clerk’s office) No Reason: Alternative Dispute Resolution process concluded: Yes No Reason for delay: Next scheduled hearing date: Type of resolution process used: Mediation Arbitration Neutral Case Evaluation Other (specify): Case was resolved by: Direct Result of ADR Process Indirect Result of ADR Process Resolution was unrelated to ADR Process If case went through ADR and resolved, estimate the closest dollar amount that was saved in attorney fees and/or expert witness fees by participating in the process. $0 $250 $500 $750 $1,000 More than $1,000 (specify) If case went through ADR and did not resolve, estimate the closest dollar amount of additional costs incurred due to participation in the ADR process. $0 $250 $500 $750 $1,000 More than $1,000 (specify) TADR-03 R11-11 MANDATORY ALTERNATIVE DISPUTE RESOLUTION STATUS REPORT (ADR) Page 2 of 2 Case Number: Check the closest estimated number of court days you saved in motions, hearings, conferences, trials, etc. as a direct result of this case being referred to this dispute resolution process: 0 Days 1 Day More than 1 day (specify) If the dispute resolution process caused an increase in court time for this case, please check the estimated number of additional court days: 0 Days 1 Day More than 1 day (specify) I would be willing to use the dispute resolution process again: Yes No Please provide any additional comments below regarding your experience with the ADR process: _______________________________________________________________________________________ Proof of Service Harris, Caroline / 064684842 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Re: State Compensation Insurance Fund v. Masingale, et al. Fresno County Superior Court, Case No. 21CECG02424 I declare that I am employed in the County of Monterey, State of California. I am over the age of eighteen years and not a party to the within entitled cause. My business address is 25 San Juan Grade Road, Suite 200, Salinas, California 93906. On the date indicated below, I served the document(s) listed below in the manner indicated and I filed the original document(s) with the Clerk of the Court for the county in which this action is pending. DOCUMENT(S): NOTICE OF PENDING ACTION ADDRESS: Caroline Harris 125 Polson Avenue Clovis, CA 93612-0240 Mark Wilson, Esq. 2491 Alluvial Ave PMB 18 Clovis, CA 93611-9587 Workers' Compensation Attorney for Applicant, Caroline Harris (BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED) I placed a true copy enclosed in a sealed envelope and am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon prepaid at Salinas, California, in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Salinas, California on August 24, 2021. /s/ Melvin Quinones _______________________________________ Melvin Quinones
