Loren Sonya Michaels vs. Anthony Sky Tsai

Reply Other

Cal. Super. - 4th Dist.June 14, 2016

OO 0 NN L r A W N N O N RN N N N N N N m e m m e e e e e m e e e d e d e d 0 ~~ O N Wn BA W N = O V W ” N Y BR W N = O Robert V. McMahon, SBN: 115990 Attorney at Law : 401 Glenneyre Street, Suite E ELECTRONICALLY FILED Laguna Beach, California 92651 Superior Court of Califomia, Telephone: (949) 497-3181 County of Orange Facsimile: (949) 494-5970 05/26/2017 at 12:19:00 Pi Email: robert@mcmahonlaw.net Clerk of the Superior Court Attorney for Plaintiff, Loren Sonya Michaels Bye Cleric. eputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER LOREN SONYA MICHAELS, Case No.: 30-2016-00857801-CU-PA-CIC Plaintiff, (Assigned to The Honorable Derek W. Hunt, Dept.C23) Vs. PLAINTIFE’S RESPONSE TO ORDER ANTHONY SKY TSAI and DOES 1 to 25, TO SHOW CAUSE RE: DOE Inclusive AMENDMENT; DECLARATION OF ROBERT V. Mc MAHON Defendants. Date: June S, 2017 Time: 8:30 a.m. Dept: C-23 Complaint Filed: June 24, 2016 Trial Date: July 17, 2017 Plaintiff. Loren Sonya Michaels, responds to the Court's Order To Show Cause Re: Dismissal of DOE Defendants as follows: I. Facts & Procedural History Plaintiff Loren Sonya Michaels sustained personal injuries and property damage in a motor vehicle accident which occurred on October 3, 2015 at the intersection of Culver and Michelson in the City of Irvine, California. After the collision, a California Highway Patrol Traffic Collision Report [CHP Form 555] was obtained. (See Exhibit 1 to Declaration of Robert V. McMahon). The CHP Report identifies Party 1 to the collision as Anthony Sky Tsai. Anthony Sky Tsai is listed as both the driver and, in error, as the owner of a black 2013 PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE RE: DOE AMENDMENT; DECLARATION OF ROBERT V. Mc MAHON 1 OO 0 N y nn BR W N em N Y N o [\ ) N o - -_ = p k p- J t f k a ho ar d - Hyundai Genesis, California License Plate Number 6XXU836. The Complaint in this action was filed on June 24, 2016. At the time of filing of the Complaint, it was not known to Plaintiff that the registered owner of the vehicle was Tony Tsai. At the time of filing of the Complaint, it was not known to Plaintiff that Anthony Sky Tsai was acting in the course and scope of his employment as a pizza deliveryman for a pizza chain franchisee, Pennyvision, LLC. A conformed copy of the Complaint is attached to the Declaration of Robert V. McMahon as Exhibit 2. | | Anthony Sky Tsai was named as an individual defendant in the Complaint and fictitious-named defendants, Does 1 to 25, were named. Written discovery, consisting of Form and Special Interrogatories, Requests for Production and Requests for Admissions was served on Defendant Anthony Sky Tsai on January 27, 2017. Defendant Anthony Sky Tsai’s responses to said written discovery were served by mail on February 28, 2017. In his written Responses to Form interrogatories, specifically Form Interrogatory 2.6, Anthony Sky Tsai stated that he was “employed at Pizza Hut, 3601 Jamboree Road, #3, Newport Beach, California 92660 at the time of the incident. In response to Form Interrogatory 2.11, defendant Anthony Sky Tsai states: “Responding party was employed at [sic] a delivery driver for Pizza Hut 3601 Jamboree Road #3, Newport Beach, California 92660, at the time of the incident.” In response to Form Interrogatory 20.2 (d), Anthony Sky Tsai disclosed that Tony Tsai was the registered owner of the vehicle driven by Anthony Sky Tsai. Copies of pertinent pages of Anthony Sky Tsai’s Form Interrogatory Responses are attached to the Declaration of Robert V. McMahon as Exhibit 3. A Notice of Deposition for Anthony Sky Tsai was mailed on January 30, 2017, with a noticed deposition date of March 14, 2017. At the request of counsel for defendant, the deposition of Anthony Sky Tsai was continued to, and taken on, April 11, 2017. Upon receipt of Anthony Sky Tsai’s written discovery responses in late February or early March of 2017, counsel for Plaintiff, Robert McMahon, contacted management at the Pizza Hut located at 3601 Jamboree Road, #3 Newport Beach, and he also contacted California Pizza Hut’s corporate headquarters in an effort to ascertain the true name of the franchisee operating the Pizza Hut Franchise at 3601 Jamboree Road, #3 Newport Beach, California. The PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE RE: DOE AMENDMENT; DECLARATION OF ROBERT V. MeMAHON 2 vw 0 3 S n B W N D N O N R N R m t r m em em a em e m e e ed franchiser, Pizza Hut, and the onsite management of the Pizza Hut franchisee at the location where Anthony Sky Tsai was employed at the time of the October 3, 2015 collision did not provide Mr. McMahon with an accurate and certain legal name and address of the franchisee. At his deposition on April 11, 2017, Anthony Sky Tsai stated that he was worked for Pizza Hut, and his paychecks came from Pennyvision LLC, (as compared to Pizza Hut, as this defendant referenced in his Form Interrogatory Responses). Anthony Sky Tsai also confirmed at his deposition that the owner of the vehicle that he was driving was his father, Tony Tsai. Copies of relevant pages of Anthony Sky Tsai’s deposition transcript are attached to the declaration of Robert V. McMahon as Exhibit 4. After ascertaining the true name of his Anthony Sky Tsai’s employer at his deposition, Pennyvision, LLC, confirming the registered owner of the vehicle, Tony Tsai, and further confirming that Anthony Sky Tsai and Tony Tsai were different individuals (and not one and the same individual as indicated in the CHP Report), two Amendment To Complaint forms (“DOE Amendments”) were filed on April 13, 2017. One of the filed “DOE Amendments” identifies DOE 6 as Pennyvision, LLC doing business as Pizza Hut located at 3601 Jamboree Rd., #3, Newport Beach, California 92660. The other filed “DOE Amendment” identifies DOE 11 as Tony Tsai. The DOE Amendment naming Pennyvision LLC is attached to Robert McMahon’s Declaration as Exhibit 5, and the DOE Amendment naming Tony Tsai is attached to Mr. McMahon’s Declaration as Exhibit 6. Pennyvision, LL.C was served with the Summons, Complaint and DOE Amendment by substitute service on April 19, 2017, and by mailing copies of said documents on April 24, 2017. The Proof of Service of said documents upon defendant Pennyvision, LLC is attached to the Declaration of Robert V. McMahon as Exhibit 7. Pennyvision, LLC is represented by Mark Buehler, Esq. of Skebba, Isaacs, Bishop & Henderson (Staff Counsel for AIG). Counsel for Pennyvision, LLC has confirmed that this defendant will participate in an upcoming mediation. Pennyvision, LLC served its Answer to Plaintiff’s Complaint on May 24, 2017. After several attempts, Anthony Tsai was personally served with the Summons, Complaint and DOE Amendments on May 18, 2017. The Proof of Service of said documents is attached to the Declaration of Robert V. McMahon as Exhibit 8. It is anticipated that Anthony PLAINTIFF’S RESPONSE TO ORDER TO SHOW CAUSE RE: DOE AMENDMENT; DECLARATION OF ROBERT V. McMAHON 3 OO 0 NN AN hh hx W N N O N O N N N m m = e e he e e e t e d pe d SR T B R U P P R E T « 3 a & 2 & po = 3 declaration of Robert V. McMahon, it is submitted that Plaintiff acted with reasonable diligence Tsai will have common representation with his son, Anthony Sky Tsai. Their automobile insurance carrier, Automobile Club of Southern California, has retained Stephen Moore of Ford, Haggerty and Behar to represent Anthony Sky Tsai under a policy covering both Anthony Sky Tsai and Tony Tsai. An Amended Notice of Trial and Mandatory Settlement Conference was served on all parties on counsel for Anthony Sky Tsai and counsel for Pennyvision, LLC on May 5, 2017, a copy of which is attached to the Declaration of Robert V. McMahon as Exhibit 9. II. Argument & Authority California Code of Civil Procedure Section 474 provides in pertinent part: “When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint...and such defendant may be designated by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly...” To effect the Amendment of the Complaint, Plaintiff's counsel relied up Orange County Superior] Court local court form number L-0132 and named Anthony Tsai and Pennyvision, LLC in place of previously-named Doe defendants, seeking to add the discovered true names of formerly fictitious-named without leave of court. (See DOE Amendments attached as Exhibits 5 and 6 to Declaration of Robert V. McMahon.) Based on the facts set forth in this Response and the in filing the DOE Amendment after ascertaining the identities of Pennyvision LLC and Tony Tsai. If the Court’s procedural preference is for Anthony Tsai and Pennyvision, LLC by noticed motion and court order, leave of court for the filing of an amended pleading naming Anthony Tsai and Pennyvision, LLC is respectfully requested. I" i" 1 PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE RE: DOE AMENDMENT; DECLARATION OF ROBERT V. McMAHON 4° OO 0 1 S Y n t B A W = N O N N N e e e m ee ea IX. Additional Matter-Loren Sonya Michaels Deposition Plaintiff, Loren Sonya Michaels completed her deposition on May 18, 2017. Respectfully Submitted, May 25, 2017 “A, on Jo" ROBERT V. Mc MAHON Attorney for Plaintiff PLAINTIFE’S RESPONSE TO ORDER TO SHOW CAUSE RE: DOE AMENDMENT; DECLARATION OF ROBERT V. McMAHON 5 OW 0 ~~ & Wn pb W N = N O N N O N O N N s m m e m e m e m e d ee p d ee Declaration of Robert V. McMahon I, Robert V. McMahon declare as follows: 1. I am attorney licensed to practice law before all courts of the State of California. I have personal knowledge of the facts set forth in this deposition. On the matter that are qualified and asserted on the basis of information and belief, I believe those matters to be true. 2. I represent plaintiff Loren Sonya Michaels in this personal injury action. I am informed that Loren Sonya Michaels sustained personal injuries and property damage in a motor vehicle accident which occurred on October 3, 2015 at the intersection of Culver and Michelson in the City of Irvine, California. On my client’s behalf, I obtained a California Highway Patrol Traffic Collision Report [CHP Form 555] a true and correct copy is attached to this Declaration as Exhibit 1). The CHP Report identifies Party 1 to the collision as Anthony Sky Tsai. Anthony Sky Tsai is listed in the report as both the driver and, as the owner of a black 2013 Hyundai Genesis, California License Plate Number 6XXU836. I later learned that the listing of Anthony Sky Tsai as the owner of the vehicle in the Traffic Collision report may have been an error, as explained further in this declaration. 3. The Complaint in this action was filed on June 24, 2016. At the time of filing of the Complaint, I did not know that the registered owner of the vehicle was Tony Tsai. At the time of filing of the Complaint, I did not know that Anthony Sky Tsai was acting in the course and scope of his employment as a pizza deliveryman for a pizza chain franchise. A true and correct copy of the Complaint is attached to this declaration as Exhibit 2. 4. In preparing the Complaint, Anthony Sky Tsai was named as an individual defendant in the Complaint and fictitious-named defendants, Does 1 to 25 were named. On behalf of plaintiff, I propounded written discovery, consisting of Form and Special Interrogatories, Requests for Production and Requests for Admissions was served on Defendant Anthony Sky Tsai on January 27, 2017. Defendant Anthony Sky Tsai’s responses to said written discovery were served by mail on February 28, 2017. In his written Responses to Form interrogatories, specifically Form Interrogatory 2.6, Anthony Sky Tsai stated that he was “employed at Pizza PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE RE: DOE AMENDMENT; DECLARATION OF ROBERT V. McMAHON 6 O o o ~ J MN wn EE N Ww nN -_ N O N O N N N DN = o m mm m e e m ee ma e m Hut, 3601 Jamboree Road, #3, Newport Beach, California 92660 at the time of the incident. In response to Form Interrogatory 2.11, defendant Anthony Sky Tsai states: “Responding. party was employed at [sic] a delivery driver for Pizza Hut 3601 Jamboree Road #3, Newport Beach, California 92660, at the time of the incident.” In response to Form Interrogatory 20.2 (d), Anthony Sky Tsai disclosed that Tony Tsai was the registered owner of the vehicle driven by Anthony Sky Tsai. A true and correct copy of Anthony Sky Tsai’s Form Interrogatory responses is attached to this Declaration as Exhibit 3. A Notice of Deposition for Anthony Sky Tsai was mailed by my office on January 30, 2017, with a noticed deposition date of March 14, 2017. At the request of counsel for defendant, the deposition of Anthony Sky Tsai was continued to, and taken on, April 11, 2017. I deposed Anthony Sky Tsai on behalf of my client. 5. When 1 received Anthony Sky Tsai’s written discovery responses in late February or early March of 2017, I contacted management at the Pizza Hut located at 3601 Jamboree Road, #3 Newport Beach, and I also contacted California Pizza Hut’s corporate headquarters to ascertain the true name of the franchisee operating the Pizza Hut Franchise at 3601 Jamboree Road, #3 Newport Beach, California. The franchiser, Pizza Hut, did not provide me with an accurate legal name and address of the franchisee for the Pizza Hut employing Anthony Sky Tsai on the date of the incident. On inquiry, management at this local Pizza Hut franchisee did not provide me with an accurate legal name of the franchisee operating at the location where Anthony Sky Tsai was employed on the date of the incident. 6. During his deposition on April 11, 2017, Anthony Sky Tsai stated that he was worked for Pizza Hut, and his paychecks came from Pennyvision LLC, (as compared to Pizza Hut, as this defendant referenced in his Form Interrogatory Responses). Anthony Sky Tsai also confirmed at his deposition that the owner of the vehicle that he was driving was his father, Tony Tsai. True and correct portions of Anthony Sky Tsai’s deposition transcript which reveals the true names of fictitious named DOE defendants, Tony Tsai (the father of Anthony Sky Tsai) and the employer of Anthony Sky Tsai (Pennyvision, LLC) are attached to this declaration as Exhibit 4. PLAINTIFFS RESPONSE TO ORDER TO SHOW CAUSE RE: DOE AMENDMENT; DECLARATION OF ROBERT V. McMAHON 7 OO 0 2 O N Wn ph L N = N O N O N O N O N N N = = e m e m e m e s e m e d e d e d 7. After I learned the true name of Anthony Sky Tsai’s employer at his deposition, Pennyvision, LLC, and after I learned that the registered owner of the vehicle driven by Anthony Sky Tsai was Tony Tsai, and after I learned that Anthony Sky Tsai and Tony Tsai were different individuals (and not one and the same individual as indicated in the CHP Report), two Amendment To Complaint forms (“Doe Amendments”) were filed on April 13, 2017. One of the filed “Doe Amendments” identifies Doe 6 as Pennyvision, LLC doing business as Pizza Hut located at 3601 Jamboree Rd., #3, Newport Beach, California 92660 (please see Exhibit 5 to this declaration). The other filed “Doe Amendment” identifies Doe 11 as Tony Tsai (please see Exhibit 6 to this declaration). | 8. I am informed that Pennyvision, LLC was served with the Summons, Complaint and DOE Amendment by substitute -- on April 19, 2017, and by mailing copies of said documents on April 24, 2017. A conformed copy of the proof of service of the Summons, Complaint and Doe Amendments on Pennyvision, LLC is attached hereto as Exhibit 7. I am informed that Pennyvision, LLC is represented by Mark Buehler, Esq. of Skebba, Isaacs, Bishop & Henderson (Staff Counsel for AIG). I am informed that counsel for Pennyvision, LLC has confirmed that defendant Pennyvision will participate in an upcoming mediation being scheduled at Judicate West. I received Pennyvision, LLC’s Answer to the Complaint in the mail and by E-Service on May 25, 2017. | 9. I am informed that after several attempts, Anthony Tsai was personally served with the Summons, Complaint and DOE Amendments on May 18, 2017. The Proof of Service of said documents are attached to the Declaration of Robert V. McMahon as Exhibit 8. If held to answer the Complaint, it is anticipated that Anthony Tsai will have common representation with his son, Anthony Sky Tsai. Their automobile insurance carrier, Automobile Club of Southern California, has retained Stephen Moore of Ford, Haggerty and Behar to represent Anthony Sky Tsai under a policy covering both Anthony Sky Tsai and Tony Tsai. Mr. Moore has confirmed that he would be representing Anthony Tsai in a recent e-mail exchange. PLAINTIFFS RESPONSE TO ORDER TO SHOW CAUSE RE: DOE AMENDMENT; DECLARATION OF ROBERT V. McMAHON 8 NO 00 N Y A N i BA W N es N O N O N = = = e a e e e d e d pe E N E E R E B E B R E S E C B® 9 a n bh B = 10. An Amended Notice of Trial and Mandatory Settlement Conference was served by mail on counsel for Anthony Sky Tsai and counsel for Pennyvision, LLC on May 5, 2017, a copy of which is attached hereto as Exhibit 9. 11. Plaintiff Loren Sonya Michaels completed her deposition in two separate deposition sessions; the first deposition session was conducted over a three and a half hour period on April 27,2017 and the second session was completed on May 18, 2017. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. May 25, 2017 A 7 co A Robert V. McMahon PLAINTIFE’S RESPONSE TO ORDER TO SHOW CAUSE RE: DOE AMENDMENT; DECLARATION OF ROBERT V. McMAHON 9 EXHIBIT “1” " STATE OF CALIFORNIA _ TRAFFIC COLLISION REPORT TOWAWAY OF MILEPOST AT INTERSECTION WITH: OR: oF £XXUS36__ CA. a SAME AS DRIVER FECESTRIAN "PARKED | PHbRERE | Done Chwone Cliagr = DOT TORE, seimasiiiniion STATE | CLASS | AIRBAG G35. Grey... .|5NDSB4E ¢Pra EL] PARTY ; - EF ie DRIVER ERE SAME AS DRIVER :- PEDESTRIAN OFFICER. PARKED Lhvone [mior: Bisson. DOT BALI sis TOPRIRST wmtiivitins MACIMIR itis - HABA mi KS ee of Bl A fA aN Vi RA AA a Ga Bam {8 DRIVER. PELENTRIAN . . . . : ETN : £ OTHER: PARKED OTHER | INSURANCE CARRIER POLICY NUMBER ves. TNO: Bgus 4% PROPERTY 1™ 1 - Ditvér 210.6 - Passengers 7- Statler Wagin Rear 8:= Rear Oke, Trstk of Vari 9. Bosifion Urknown 0.- Other G' Cther Than A G. Dari ~ Strzet Lighls P Dark ~NaSfraés Lights’ E Dak - Street Lights Not ‘Eunclioning SEITE A Nang i'Vehicis, 2 * Unknown Calan Darbar Sri Bal of Used y arhesy &tged Er W nd @55 Nog tsi Ro der ar args ised. sLap/Shoutder Harmess Nol Usa of - Passive'Restraint Used Kx Passive Restraint Not Usd; TRAFFIC CONTROL DEVICES ‘A Gontrdls Functisniig D Mts. yéh. On'Ottier Roedivay F Train H Atma i Fed Gbject S| Qther Qifiget: B Crossing in Crosswalk Br Intéssection, C Ciossingia:Grasswalk Not -AtInersection Refer {o-attachment g Deployed WIA ASER RET Bea 5 poe Requd 5 CHILBRESTRAINT +8 -+Ia Vidfiicid « Usog fencle x Naf Used: Rel Sw InVehiels.- Use Unknown 1 Veh TARE WE BICYCLE HELMET DRIVER, PASSENGER ViNo RNs W.Yés Y.Yes 0- Not Ejected -FulyEfastod 2x Partiany Ejected Ba Linktiown SPEGIAL INFORMATION A lazardous:Maleria) 11213 - & VO Brelidd Violator: BYE J K Dyfective Veh, Equip a. Vintation ith Road B. [ves E RANDSFREE TRON FaHIPMENT . AEE BHONE HANDHELD . HEANIMALS: I» PERSONAL HYGIENE J N R E E N = O o No ® N d T m ah s W N ee > once’ fiirther discovery i is underway. { Response to: Interrogatory 16.3 vo | TE - : Response to Interrogatory 16. 2 Objection, This interrogator 1 is premature according to the face sheet of the form interrogatories Specifically section 2) Resporiding party is. not in possession of all of plaintiff 5 alleged medical bills and documeritation supporting plaintiff's alleged damages. Further, this request violates attorney-client privilege and attorney work product.¢ doctrine and calls for expert - opinion. Discovery i i$ continuing and responding pay « reserves. the ight to’ amend this response: + Otjectont This interrogator wor 1a is primtre recording i the. face shiver of the. form request violates attorney “cle pele he attorney work produc doctrine and calls for expert opifien: Discovery i 18: contintiing and responding party reserves the io Hight to send this response once further; discovery is urdérway. ) Response. to Interrogatory 16. 4 + Obj ection: Tl his inferrogatory is: premature ascording: to the face Shes of the forms A ] interrogatories, ‘specifically section 2(d): Responding party is not i in possession of all of plaintiffs iN { alleged medical bills. and documeritation supporting plaintiff’ s alleged damages. Further, this = 4. | request violates aftorny-client privilege and attorney work product doctrine and calls. for expert opinion.” Discovery. is reontinuing and sponding party reserves The: right to amend this response once further, discovery i s undevay. "J Response to Interrogatory 16. 5 Obj ection. This. interrogatory is; ‘premature docording to the face sheet of the. form : interrogatories, specifically section 2d). Responding party. is riot in possession of all of plaintiff? 5 * allemed medical bills and documentation supporting: plaintiff's alleged damages. ‘Further, this request violates attorney- ~client privilege and attorney work product doctrine and calls for expert opinion. Discovery i is continuing and responding party reserves the right to amend this response. once further discovery i is underway. . 2 “RESPONSE TO FORM INTERROGATORIES-GENERAT, SET ONE: “+ O C 0 wa oy tk RT 0 mm N o m OO .1 a 18 1 26 27 28 | 2 ope 10: Tnterrogatory 16. 9. " Response to Interrogatory 16. 6 gh Objection. This interrogatory is s premature according to the face sheet of the form | interrogatories; specifically section 2d). Responding party fas. not yet had an. adequate opportunity 110 investigate the facts nd Gitcmistances surrounding plaintiff's alleged damages: Further, this } request violates attorney. client privilege arid attorney work product doctrine, and calls for expert {l opinion. Discovery: is continuing, Response to Interrogatory 16. 7 Obj ection, this intettogatory i is {premature according to e.face s heet: of the: form: interrogatories; specifically section. 29). Discovery has just bigin and if information i i$ uncovered - that. would support such: a contention, it will be: fade the -appropti ate tines. Sespoive to Interrogatory 16. 8 objection; this iterogatoy is rite socording fo: the: face sheet: of the: form - de & that: sould support Couch a contention, it will be made thie appropiate times: * “Objection: Aorey. work product doctrine: Furthersthe information sought is equally - i sie to.the asking’ party, who i s in the. REsh position to know thier own medical and claims “fi history. : a 19 Lo 20 21. C2 : Response 10 uteirogatory 1 16. 10. “Objection. Attorney work product docirine. Further, is information sought isequally {available to:the asking party, who is in the best position fo. know. their own: medical and claims | | History. - Sl Response to Interrogatory 17. 1 24 |f 25 || - (a) Requests Nos. 4, 5, 6; 8:9; and 10; (0) Please see applicable Sbjection aslo explanation’ in'Request for Admission responses, which are self-explanatory’ and legally sufficient; : Gy (© Plaintiff, responding: party, plain’ medical providers, sti experts fo, be need ding 3 -EFpett discovery; . RESPONSE TO FORM INTERROGATORIES-GENERAL, SET ONE. - p e R a v e e 10.410 -@ Propounding party’ $ medical récords lading and discovery obtained to date. Response to Interrogatory 20.1 _ Fo ; ; The subject incident occurred at approximately 8: 2 pin m. on Octobe 3s 2015, at the intersection of Culver Drive and Michelson Drive i in. Irvine, California. Response to Interrogatory 20.2 Asto responding party's vehticié: (a) 2013 Hyundai Genesis; : cag Lima (b) Anttiony Tsai. a lee anil eae (©) None; . - | s (d Tony Tsdl; (¢) Not applicable; . Sry wc EES Th (® Not applicable; TEE “eats, H SOP Ciena ¥ ’{g)d Not applicable. ames " WT te gi co Resgiunse 0 Interrogatory 203... : Responding party was completing his last delivery at an’ nsecalled location, and returning to “ti Pizza. Hut; 4601 Jamboree Road; #3, Newport Beach, CA: 92660. Response to Interrogatory 20.4 Lo Responding party was traveling north on. Culver Drive. 1 Response te Interrogatory 20.5 . Respondin g party was traveli ing north on Culver Drive in the - I of 2 left'turn lanes. Ll Response to Interrogatory 20. 6 Cee il rg Yes. There is triphase traffic signal at this Jocation: so Response to Interrogatory 20.7 Yes. + Cwm PR (a) Three car lengths away; (b) Red; (c) Three: seconds; (d) The signal phased to a green turn arrow for responding party’ S path of travel. 12 "RESPONSE TO FORM INTERROGATORIES-GENERAL, SEF-ONE © = NE I N T Dated: February 21,2017. Response to Interrogatory 20. 8 As responding party was appioaching a red signal at the: intersection of Culver Drive and Michelson Drive; the. sighal phased toa a green left turn arrow: Responding party eritered the intersection on the: green arrow, and was hit by plaintifF S vehicle. . (a Slowing Fro 30 wiles pet hour, # 1 left turn lane of Culver; "wm (cy Stopped, curb lane on Mickelson Drive. Response to Interrégatory 2 209 Ce No. Response to Interrogatory. 20.10. - oo No. La | | Respinss to Interrogatory 20. 11° ~The. vehicle was: declared a fot, fos. FORD, WALKER, HAGGERTY & BEHAR Attorneys fo for Defendant, ANTHONY SK¥ TSAI" }].002116206\0SC - Rsp to FormRogs-1.doc 13 -.(b) Approximately 1510 20 niifes per hotir making a feft turn from Culver to Michelsori; r T : RESPONSE TO FORM INTERROGATORIES-GENERAL, SET ONE | +» YERIEICATION, STATE OF CALIFORNIA, couNTY oF ORANGE | have read the forging RESPONSE To FORM: INTERROGATORIES, SET NO ONE. and know. its contents. CHECK APPLICABLE PARAGRAPH: x 1 ar Ax arty fo J this & ac stidh.. The tatters stated-in the foregoing. - document are true-of my. own knowledge. except’ as 10 those matters which are * stated on information. and belief, and as to those matters 1 believe them to be © true. Lam __ an Officer ___a partner ___ a of PF _ , a party to this action, a) am’ anthorized fo make this verification for and on its behalf; and | make this verifi cation for that reason. Co : “Ts am irformed and believe and. on n that ground allege that the matters States inthe. foregoing document are true. yu FL 1a The fitters stated in the foregoing deicuneiit: are trie of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. | am one of the attorneys for : a party to to this action. Such party is. absent from the County Sroreeaid where such attorneys have their offices, and | make this verification for and an behalf of that party for that reason. | am-informed and believe and on that ground allege that the matters stated i in ‘the foregoing document are true. : Executed on Feb o 9 2017 7, at CL ; California. "I declare under penalty of perjury: ry under the laws of the the State of Califomia that ‘the foregoing i is true and correct. : Print Name: Anthony Sky Tsai = © i Signature: btm m e o p e r a s an e = Michaels v, Tsai 00216-206 O m N y L s W N 16 LAT 20 , 95° on be transmitted by: eiriail to each: of the parties designated hérein-and. as. last. given by: that petson. Tw» 23. 24 25 26 27 28 | STATE OF CALIFORNIA Cy o e © the: ordinary. business’ ‘practices: of ouiriof Ce. United. States Postal Service i in L og Beach HK, Coliforms, thats same da, ¥ with: postage thereon Aifily - | prepaid. .. Lo LL te : G gus T= J true and correct. PROOF OF SERVICE - MICHAELS VS: TSAI - 00216-206 (COUNTY OF LOS: ANGELES Yo Tam. employed i in, the afdresad Shy. Is am over thie dge of eighteen; ‘yeats and nota. party. to] the. within entitled action; my. ‘business address is: One World Trade Center, r, Twenty- Seventh] Floor, Long Beach, Califo: ornig 90831-2700 i i nv On Betmiary - Nats ase hia fit collection and mailing follosing $.fesults i in the envelope being delivered to the +. practice, ¢ on thie above date Cha a enve pe © (BY. FACSIMIY BY Vii facsimile from Yagi bes sey 590- 35. 1 fransmitted by. | Facsimile machine true copies of the foregoing described-document.on the’ attorpeys of record in this | ‘|| action at the facsimile ‘machine felephonie’ numbers shown,’ pus ual 0 California Rules: of Court; i Rule 20093). Cee : (BY OVERNIGHT MAIL) Tam readily § familiar with the firm? s practice of pliesging and I processing of documents. and correspondence for mailing with Federal Express. Under that practice,| {| on the above date, the Fi ‘ederal Express erivelope was sealed and plaged for collection and mailing | | following the. ordinary ‘business. practices of our office. This results in the Federal Express envelope being delivered to the. Eéderal: Express box at the Ore World 2 rade Center, Long Beach, premises with a Federal Expr ess’ Airbilk thereon. BY ELECTRONIC SERVICE - El MAIL) I caused a true copy" ‘of. the foregoing. document(s) on any document. which he or 5 filed in this action and served upon this office. 2017, at Long Beach, California. ° Executed’ on February oo “I declare: under penalty of perjury under the laws: of the State of California that the dhoves is | As To en 14 RESPONSE TO FORM INTERROGATORIES-GENERAL, SET ONE J b B O te w h hh BA W N Se k oo = o w C o N ON N N N T R N F B® J AX Kh RE B N L m D - po d C D MAILING SERVICE LIST _ MICHAELS VS. TSAI 00216-206 . Robert V.- McMakion, Esq. LAW OFFICE OF ROBERT V. MCMAHON 401 Glenneyre Street, Suite E | Laguna Boath, California 92651 : (949) 497.3181; (949) 494-5970 Fax 15 oc - RESPONSE TO FORM INTERROGATORIES-GENERAL, SET ONE EXHIBIT “4” W N 10 11 12 13° 14. 15 16 17 18 18 20 21 22 23 24 25 Atkinson-Baker Court Reporters - www.depo.com a o w » SUPERIOR .COURT OF THE SEATE OF CALIFORNIA FOR THE COUNTY OF ORANGE ~ CERTIFIED COPY LOREN SONYA MICHAELS, ) Plaintiff, ) vs. ) + No. 30-2016~00857801 ANTHONY SKY TSAI, and ) + CU-PA-CJC ‘DOES 1-25, inclusive, Co) Defendants. ) DEPOSITION OF ANTHONY SKY TSAI . Irvine, California Tuesday, April 11, 2017 REPORTED BY: ‘SHERRY A. CASE, RPR, CSR NO. 2989 FILE NO.: AB01168 Anthony Sky Tsai April 11, 2017 = 10 C11 12 13 14 15 16 17 18 19 20 21 22 23, 24 25 Atkinson-Baker Court Reporters www.depo.com Ww N e Ww ® N o o n WU SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE . LOREN SONYA MICHAELS, ) Plaintiff, . ) vs. ) No. 30-2016-00857801 ANTHONY SKY TSAI, and ) : CU-PA-CJC DOES 1-25, inclusive, ) Defendants. oo ) Deposition of ANTHONY SKY TSAI, taken on behalf of Plaintiff, at 19200 Von Karman, 4th floor, Irvine, California, commencing at 1:58 pom., Tuesdsy April 11, 2017, before Sherry a..Case, CSR No. 2989, CLR, RPR. Anthony Sky Tsai April 11, 2017 sr. wn O m J 10 11 i2 13 14 15 16 | 17 18 19 20 21 22 23 24 ‘25 Atkinson-Baker Court Reporters www.depo.com w Ny = o m o o BP 0 B O Q Do you live at 24 Narbonne, Newport Beach? No. That is an old address. What is your residence address? 74 Walden, Irvine, 92620. Do you reside with your family? ‘With my dad currently, yes. And were you an employee of Pizza Hut on October 3rd, 20157? A Q Yes. And how long had you been working prior to that date with Pizza Hut? A Q > Oo B® O B © Approximately one month. And -what were your job duties? Just a delivery driver. Were you an hourly employee? Yes. You were paid on an hourly basis? Hourly basis, B15 tips. How often -- what were your work hours in October of 20157? MR. LEVINE: Did you have a regular work schedule? THE WITNESS: I didn't have a regular schedule because I still had school to attend. So it was whenever I had free time, like -- do you need like how Anthony Sky Tsai April 11, 2017 A Ca b wo Ww ~ J oo OU 10 11 12 13 14 15 16 "17 18 19 20 21 22 23 24 25. Atkinson-B aker Court Reporters www.depo.com Ww nN Where was this particular Pizza Hut located? A Do you want me to find the address right now? Q TIF you could. | . MR. LEVINE: Or if you know like the. cross street where it is. THE WITNESS: I honestly don't. I can find the address right now, if you want it. MR. MCMAHON: Sure. THE WITNESS: Okay. MR. MCMAHON: While you're looking for it, do you know if this Pizza Hut was owned and operated by pizza Hut, Inc. or was- it -- | ‘MR. LEVINE: Or franchised? MR. MCMAHON: -- a Frmnehiss? And if you do, do you recall the name of he franchise? THE WITNESS: So I think I was run by a franchise, because on my paychecks it said it was coming by Penny Vision LLC. BY MR. MCMAHON: oo Q . Penny Vision LLC? A And I have the address for the Pizza Hut. It is 3601 Jamboree Road, Number 3, Newport Beach, CA" 92660. | Q At that point in time was it your understanding you were an employee of Penny Vision? Do you know if 17 Anthony Sky Tsai April 11, 2017 7 fi s ~~ o n OU 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Atkinsop-Baker Court Reporters www.depo.com Ww ON oP it was Penny Vision, Inc. or LLC? A I believe it is Penny Vision LLC. 0 Do you know where Penny Vision LLC is based? A" No. Q Do you know if PaEHY Vision LLC has multiple locations where there is Pizza Huts? A I don't know. I just -- I thought it was like the franchise, because that's what it said on my paychecks. Q. Yous: paysheaks would be a combination of perhaps making minimum wage plus tips? "A My paycheck would just reflect the minimum wage. The tips were just -- I would take. home ‘sash. every day at the end of my shifts. Q How many drivers, were on duty at that particular Pizza Hut on this Saturday night? A Two to three, including me. Q How many -- on an hourly basis, how many pizza orders could you deliver? How many individual houses could you go to in an hour? ’ A Just me in an hour? About three. 'I could really only deliver about three at once. And then that would take -- to get all the pizzas and then coming all the way back would take about an hour. Q What would you consider the peak time to be for Anthony Sky Tsai April 11, 2017 18 B o w N e ~~ o o Un 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 * Atkinson-Baker Court Reporters - www.depo.com orders on a Bstmrdey? A Lunch time. Lunch time to 3 o'clock. Q And is it a little slower in the evening in comparison to lunch time? | | A Usually it is, yes. Q Tell me about the car that you were driving. How long had you been ‘driving that car? h A Approximately a year, I think. ‘Yeah, a year, I believe. Q And was this vehicle purchased by your dad or was it leased? | It was purchased by my dad. And were you the sole driver of the vehicle? Yes. © oo» Oo Ww And other than driving to school and driving for Pizza Hut was there any other use of the vehicle you were making? A It was just my main source of transportation. Q Was the vehicle totaled in the collision? A Yes. | 0 Can you. describe the damage to the vehicle? A Damage on the passenger's side door and, like, frame area. It was like a T-bone. It got T-boned, how a T-bone looks like in a car. Q I've got an estimate. Do you know if your car 1.9 Anthony Sky Tsai April 11, 2017 Ww 10 11 12 EE 14 15 16 17 18: 19 20 21 22 23 24 25 Atkinson-Baker Court Reporters www.depo.com I, ANTHONY TSAI, do hereby declare under penalty of perjury that T have read the foregoing transcript; that I have made such corrections as appear noted herein, in ink, initialed by me, or attached hereto; that my testimony as contained herein, as corrected, is true and correct. EXECUTED this "day of py 2017, at ) , ANTHONY SKY TSAI 48 Anthony Sky Tsai April 11,2017 10 11 12 13 14 15 16 17 18 19 20 21 25 23 24 25 I, the undersigned, a Certified Shorthand Reporter of the State of | California, do hereby certify: That the foregoing proceedings were taken before me at the time and place herein set forth; that any witnesses in the foregoing proceedings, prior to testifying, were placed under cath; that a verbatim record of the proceedings was made by me using machine shorthand which was thereafter transcribed urder my direction; that the foregoing transcript is a true record of the testimony given. Further, I certify that I am neither financially interested in the action nor a relative or employee of any attormey of any of the parties. Further, that if the foregoing pertains to the original transcript of a deposition in a Federal case, before capletion of the proceedings review of the transcript ( X) was ( ) was not requested. IN WITNESS WHERECF, TI have this date subscribed my name. vated: May Ist , 2017 J Wey 4 Loree SHERRY A. CASE RER, CIR, CSR No. 2989 EXHIBIT “5” ATTORNEY OR PARTY WITHQUT ATTORNEY (Name & Address): Rabert V. McMahon, Esq. FOR COURT USE ONLY Law Offices of Robert V. McMahon 401 Glenneyre Street, Suite E Laguna Beach, CA 82651 ELECTRONICALLY FILED Telephone No.: (949) 497-3181 Fax No. (Optional): (949) 494-5970 Superior Court of California, E-Mail Address (Optional)Robert@mcemahonlaw.net County of Orange ATTORNEY FOR (Name): piajntiff Loren Sonya Michaels 53° No: 115990 04372017 =t 11:13:00 Ad SUPERIOR COURT OF CALIFORNIA, COUNTY OF QRANGE Clerk of the Superior Court JUSTICE CENTER: By Alexander Morgan, Deputy Clerk Central - 700 Civic Center Dr. West, Santa Ana, CA 92701 |_| Civil Complex Center - 751 W. Santa Ana Blvd., Santa Ana, CA 92701 [IHarbor-Newport Beach Facility - 4601 Jamboree Rd., Newport Beach, CA 92660-2595 1 North - 1275 N, Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500 PLAINTIFF: LOREN SONYA MICHAELS CASE NUMBER: DEFENDANT: ANTHONY SKY TSAI, and DOES 1-25 Inclusive 30-2016-00857801-CU-PA-CJC AMENDMENT TO COMPLAINT [] CROSS-COMPLAINT Case assigned fo: Judge: DEREK HUNT Department: C23 Date complaint filed: June 14, 2016 Hearing/trial date: July 17, 2017 FICTITIOUS NAME UNDER SECTION 474, CODE OF CIVIL PROCEDURE {NO ORDER REQUIRED) | have discovered the true name of XIDoe_6 []Roe to be PENNYVISION LLC doing business as PIZZA HUT located at 3601 Jamboree Rd., #3, Newport Beach, CA 82660 The complaint/cross-complaint is amended to reflect the true name wherever it appears in the pleading. Date: APRIL/2 2017 ROBERT V. McMAHON (TYPE OR PRINT NAME) (SIGNATURE OF PARTY/OR ATTORNEY} | INCORRECT NAME UNDER SECTION 473, CODE OF CIVIL. PROCEDURE {ORDER REQUIRED) The complaint/cross-complaint incorrectly named the defendant/cross-defendant as I have discovered the true name of the party to be I request the complaint/cross-complaint be amended to reflect the true name wherever it appears in the pleading. Date: {TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY) ORDER The complaint/cross-complaint is amended to reflect the true name wherever it appears in the pieading. Date: JUDICIAL OFFICER ra Qpiatse AMENDMENT TO COMPLAINT/CROSS-COMPLAINT Oo oTCviFrecedu, EXHIBIT “6” ATTORNEY OR PARTY WITHOUT ATTORNEY {Name & Address): FOR COQURT USE ONLY Robert V. McMahon, Esq. Law Offices of Robert V, McMahon 401 Glenneyre Street, Suite E Laguna Beach, CA 92651 ELECTRONIC ALLY FILED Telephone No.: (949) 497-3181 . (Optional): (949) 494-5971 uperior Court of California, Hiri or {kd SR, a i Zounty of Orange ATTORNEY FOR (Name): piainif Loren Sonya Michaels Ba" No: 115990 04M3/2047 at 11:13:00 Al SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE 5 Clerk of the Superior Court i JUSTICE CENTER: y Alexander Morgan, Deputy Clerk i Central - 700 Civic Center Dr. West, Santa Ana, CA 92701 |_| Civil Complex Center - 751 W. Santa Ana Bivd., Santa Ana, CA 92701 [[JHarbor-Newport Beach Facility - 4601 Jamboree Rd., Newport Beach, CA 92660-2595 | INorth - 1275 N. Berkeley Ave., P. Q. Box 5000, Fullerton, CA 92838-0500 PLAINTIFF: LOREN SONYA MICHAELS CASE NUMBER: DEFENDANT: ANTHONY SKY TSAI, and DOES 1-25 Inclusive 90-2015-00657801-CU-PAGIC AMENDMENT TO COMPLAINT [J CROSS-COMPLAINT ear Department: C23 Date complaint filed: June 14, 20186 Hearing/trial date: july 17, 2017 FICTITIOUS NAME UNDER SECTION 474, CODE OF CIVIL PROCEDURE (NO ORDER REQUIRED) | have discovered the true name of Doe_11 [Roe to be TONY TSAI The complaint/cross-complaint is amended to reflect the true name wherever it appears in the pleading. Date: APRIL/Z, 2017 + ROBERT V. McMAHON (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) INCORRECT NAME UNDER SECTION 473, CODE OF CIVIL PROCEDURE (ORDER REQUIRED) The complaint/cross-complaint incorrectly named the defendant/cross-defendant as I have discovered the true name of the party to be | request the complaint/cross-complaint be amended to reflect the true name wherever it appears in the pleading. Date: (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ORDER The complaint/cross-complaint is amended to reflect the true name wherever it appears in the pleading. Date: JUDICIAL OFFICER Eris erste: AMENDMENT TO COMPLAINT/CROSS-COMPLAINT Code of Owl Procedure, EXHIBIT “7” POS.010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Nana, Sfala Bar aumber; and addraarfs Robert V. McMahon, 1165900 Law Office of Robert V. McMahon 401 Glennevre, Suite E Laguna Beach, CA 92551 TELEPHONE HO: Q40-4G7-3181 ATYORNEY FOR (Nome): Plaintiff ELECTRONICALLY FILED Superior Court of California, County of Orange 045262017 at 01:02:00 PM Clerk of the Superior Court SUPERIOR COURT OF CALIFORNIA, COUNTY DF Superior Court of California, Orange County By e Clerk, Deputy Clerk 7860 Cvs Center Drive West Santa Ana, CA 92702-1994 PLAINTIFFPETITIONER: | oren Sonya Michaels eases DEFENDANT/RESPONDENT: Anthony Ski Teal. st al. 30-2016-00857801-CU-PA-CIC Ret, Mo, ora Nos PROOF OF SERVICE OF SUMMONS 1. Atlhe time of service | was a diizen of tha United States, at least 18 years of ege and|not a party to this aclonk> ¥ F AX 2. | served coples of: Civil Case Cover Shest, Complaint, Summons, Alternative Dispute Resolution Information Packet, Amendment fo Complaint - Pennyvision LLC, Amendment to,Complaint 3. a. Party served: PENNYVISION LLC doing business es PIZZA HUT located at 360 Beach, CA 92660 b. Person Served: RAMESH PATEL - Person Authorized to Accept Service of Proc 4. Address where the party was served: 1032 W. TAFT AVE, STE 1 ORANGE, CA 92865 5.1 served ihe party b. by substituted sarvice. Oh (date): 04/19/2017 at {tme):a.anaM 1] in the presence of: Jane Doe, General Manager, caucasian/iemale/40 yrs/5'6°/16 {1) {business) u person at least 18 years of age apparently in charge at the office person to be seyved. | informed him or her of the general nature of the papers, (4) A declaration of mailing is attached. 6. The fc to the Person Served" {on the summons) wes completed as follows: d. on behalf of: PENNY VISION LLG doing business as PIZZA HUT located at 3601 Jan, 82660 : : under: Other: Limited Liability Company 7. Person who served papers a. Name: Miguel A, Ruiz b, Address: One Legal - 194-Matin 504 Redwood Blvd #223 Novato, CA 94847 ¢, Telephone number: 415-491-0808 d The fee forsenvicewas; § 856.40 a, lam: {3) registered California process server, 0 Employes or independent contractor. ) Registration No. PSCH#2687 {I} County DRANGE ~ Tony Tsai 1 Jamboree Rd., #3, Newport 088 sft the documents listed In ltetn 2 with o1 0 Ibstblack hair/brown eyes - Person In Charge Of Offica or usual place of business of the nboree Rd., #3, Newport Beach, CA 8.1 declare under penalty of periury under the Jaws of the United States of America end the Stata dof California that the foregoing ta true and correct, Date: 04/25/2017 {SIGNATURE} Yr A A on Miguel A, Rulz ~LHLip 2 HA aE I Sk le Redan 4, ogg PROOF OF SERVICE OF SUMMONS Coda of Chi Procadars, £497.10 Olt 11009785 : + i \; i ATTORNEY OR PARTY WITHOUT ATTORNEY {Name ent Addis): TELEPHONE NO: : FOR COURT USE ONLY Robert V. McMahon, 115990 949-497-3181 | i Law Office of Robert V. McMahon 401 Glenneyre : eivine Beat, CA B2651 Feb erotte ELECTRONICALLY FILED ATToREY FOR el PAINT Superior Court of Califarmia, Insert nama of court, Judicial district or branch court, if oy: Central Justice Center Santa Ana 700 Civic Center Drive West Santa Ana, CA 82702-1994 Courty of Orange 04/26/2017 at 01:02:00 PM Clerk of the Superior Court PLAINTIFS: Loren Sonya Michaels By e Clerk, Deputy Clerk DEFENDANT: Anthony Ski Tsai, et al. PROOF OF SERVICE BY MAIL CASE NUMBER: 30-2016-00857801-CU-PA-CIC 1 am a citizen of the United States, over the age of 18 and not a party to the within action. My 223 Novato, CA 94847, On 04/24/2017, after substituted service under section CCP 415,20(a) or 415.20(b) or FRCP ¢ applicable), | mailed copies of the: Civil Case Cover Shest, Complaint, Summons, Alternative Dispute Resolution Inform Pennyvision LLC, Amendment to Complaint - Tony Tsai to the person to be served at the place where the coples were left by placing a true cg with First Class postage thereon fully prepaid, In the United States Mail at Los Angele PENNYVISION LLC doing business as PIZZA HUT located at 3601 Jamboree Rd., ? RAMESH PATEL 1032 W. TAFT AVE., STE 1 ORANGE, CA 92865 BY FAX business address is 504 Redwood Blvd., Suite H{e)(2)(B) or FRCP 4{h)(1)(B) was mada (if ation Packet, Amendment to Complaint - py there s, Califo of enclosed in a sealed envelope, mia, addressed as follows: #3, Newport Beach, CA 92660 I am readily familiar with the firm's practice for collection and processing of documents for mai be deposited within the United States Postal Service, on that same day, with postage course of business. {am aware that on motion of the party served, service is presum postage meter date is more than one (1) day after date of deposit for mailing ins affidavit. Fee for Service: $ 85.40 fing. Under that practice, it would thereon fully prepaid, in the ordinary ed invalid if postal cancellation date or I declare under penalty of perjury under| the laws of the United States of America and the State of California that the foregoing is true and correct and that this declaration was executed on 04 A One Legal - 194-Marin 504 Redwood Blvd #223 /25/2017 at Los Angeles, California. a TN Zi Novato, CA 94947 Lr Gissel Garcia OL# 11009785 EXHIBIT “8” P0OS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): ie FOR COURT USE ONLY Robert McMahon, 115890 Law Office of Robert V. McMahon 401 Glenneyre, Suite E ELECTROHICALLY FILED Laguna Beach, CA 92651 Superior Court of California, Terertone na: 949-497-3181 County of Orange ATTORNEY FOR (Name): Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF pa, ’ a 0 290 Superior Court of California, Orange County ve Clo Det Cia 700 Civic Center Drive West pe Bikey Clerk Santa Ana, CA 92702-1984 PLAINTIFF/PETITIONER: Loren Sonya Michaels CASE NUMBER: CERT terse Ts 30-2016-00857801-CU-PA-CJC Rat, No, or Fite No.: PROOF OF SERVICE OF SUMMONS : 1. At the time of service | was a cilizen of lhe United States, at least 18 years of age and not a party to this action. BY 13 AX 2. 1 served copies of: Civil Case Cover Sheet, Complaint, Summons, ADR Packet, Amendment to Complaint, Amendment to Complaint 3. a. Party served: Tony Tsai sued herein as Doe 11 b. Person Served: party in item 3a 4. Address where the party was served: 74 Walden 5. | served the party Irvine, CA 92620 a. by personal service. | personally delivered the documents listed in item 2 {o the party or person autharized to receive service of process for the party (1) on (date): 05/18/2017 (2) at (time): 5:49PM 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. as an individual defendant. b. as the person sued under the fictitious name of: sued herein as Doe 11 7. Person who served papers a. Name: Carly Caldwell b. Address: One Legal - 194-Marin 504 Redwood Blvd #223 Novato, CA 94947 ¢. Telephone number; 415-491-0606 d. The fee for service was: § 119.95 elam: (3) registered Califomis process server. {iY Employee or independent contractor. (ii) Registration No.: 3056 (iii) County: ORANGE 8. | declare under penalty of perjury under the laws of the United States of America and the State of California that the foregaing is true and correct. Date: (05/18/2017 Carly Caldwell (NAME OF PERSON WHO SERVED PAPERS) . {SIGNATURE) Farm Adopled for Mandatary Use Code ot Civil Procedure, § 417.10 Judicial Council of California POS-010 (Rev. Jan 1, 2007) OL# 11081848 PROOF OF SERVICE OF SUMMONS EXHIBIT “9” OW 0 3 O h wn Br W N e e N O N NN mm o e e d e d ee d e d e d e d p d 2 I B V R V I 2 8 8 x 3 a c 2 & 0 2 Robert V. McMahon, SBN: 115990 Attorney at Law 401 Glenneyre Street, Suite E Laguna Beach, California 92651 Telephone: (949) 497-3181 Facsimile: (949) 494-5970 Email: robert@mcmahonlaw.net Attorney for Plaintiff, Loren Sonya Michaels SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER LOREN SONYA MICHAELS, Case No.: 30-2016-00857801-CU-PA-CIC Plaintiff, (Assigned to The Honorable Frederick P. Aguirre, Dept.C23) VS. AMENDED NOTICE OF TRIAL DATE ANTHONY SKY TSAI, and DOES 1 to 25, AND MANDATORY SETTLEMENT Inclusive CONFERENCE Defendants. TRIAL DATE: July 17, 2017 MSC DATE: June 16,2017 Complaint Filed: June 14, 2016 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that the above-entitled Court has scheduled the Trial Date in this matter on July 17, 2017 at 9:00 a.m. and the Mandatory Settlement Conference on June 16, 2017 at 9:00 a.m. in Department C23 of the Orange County Superior Court located at the Central Justice Center, 700 Civic Center Drive West, Santa Ana, California 92701, before the Honorable Frederick P. Aguirre. Dated: May-5, 2017 . ROBERT V. McMAHOK, Attorney for Plaintiff AMENDED NOTICE OF TRIAL DATE AND MANDATORY SETTLEMENT CONFERENCE 1 © 0 ~~ ON nh Hr WwW DN = N O N N N N m= m e e e E e e d e d STATE OF CALIFORNIA, COUNTY OF ORANGE I am a resident of the State of California, over the age of 18 and not a party to the within entitled action. My business address is 401 Glenneyre Street, Suite E, Laguna Beach, California 92651. On May $ , 2017, at my place of business, I served the within AMENDED NOTICE OF TRIAL DATE AND MANDATORY SETTLEMENT CONFERENCE, a copy or copies thereof, to the following parties: SEE ATTACHED SERVICE LIST [ X] (By United States Mail) I caused such envelopes with postage affixed fully prepaid to be placed in the United States Mail at Laguna Beach, California 92651. [ 1 (ByFacsimile) On , I transmitted the aforementioned document(s) by facsimile to [ ] (ByEmail) On electronic mail I transmitted the aforementioned document(s) by [ T (By Personal Service) I caused such envelope to be delivered by hand to the offices of the addressee. [X] (State) I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct. [ 1 (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on May 3, 2017 at Laguna Beach, California. Or. Far AnrrForman, Declarant AMENDED NOTICE OF TRIAL DATE AND MANDATORY SETTLEMENT CONFERENCE 2 Loren Sonya Michaels v. Anthony Sky Tsai, et al Case No. 30-2016-00857801-CU-PA-CJC SERVICE LIST Stephen Ward Moore, Esq. FORD, WALKER, HAGGERTY & BEHAR One World Trade Center, 27" Floor Long Beach, CA 90831-2700 Phone: (562) 983-2500 Attorney for Defendant: Anthony Sky Tsai Mark Buehler, Esq. Skebba, Isaacs, Bishop & Henderson Staff Counsel for AIG One MacArthur Place, Suite 650 Santa Ana, CA 92707 Phone: (714) 436-2707 E-mail: Mark. Buehler@AIG.com Attorney for Defendant: Pennyvision LLC, dba Pizza Hut ocated at 3601 Jamboree Rd., #3, Newport Beach, CA 92660 O© 0 ~1 O&O th A W D = N O N N N N N O N N N mm mm ea em e e e s e R ee e m 0 ~~ A W R L N R D O N Y W N = O PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am a resident of the State of California, over the age of 18 and not a party to the within entitled action. My business address is 401 Glenneyre Street, Suite E, Laguna Beach, California 92651. On May 26 __, 2017, at my place of business, I served the within PLAINTIFF’S RESPONSE TO ORDER TO SHOW CAUSE RE: DOE AMENDMENT; DECLARATION OF ROBERT V. McMAHON, a copy or copies thereof, to the following parties: SEE ATTACHED SERVICE LIST [ X] (By United States Mail) I caused such envelopes with postage affixed fully prepaid to be placed in the United States Mail at Laguna Beach, California 92651. [ 1 @ByFacsimile) On , | transmitted the aforementioned document(s) by facsimile to [ 1] (ByEmail) On , I transmitted the aforementioned document(s) by electronic mail [ 1 (By Personal Service) I caused such envelope to be delivered by hand to the offices of the addressee. [X] (State) I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct. [ 1 (Federal) Ideclare that 1 am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on May 24 , 2017 at Laguna Beach, California. Clue Frere. Ann Forman, Declarant PLAINTIFFS RESPONSE TO ORDER TO SHOW CAUSE RE: DOE AMENDMENT; DECLARATION OF ROBERT V. McMAHON 10 Loren Sonya Michaels v. Anthony Sky Tsai, et al Case No. 30-2016-00857801-CU-PA-CJC . SERVICE LIST Stephen Ward Moore, Esq. FORD, WALKER, HAGGERTY & BEHAR One World Trade Center, 27" Floor Long Beach, CA 90831-2700 Phone: (562) 983-2500 Attorney for Defendant: Anthony Sky Tsai Mark Buehler, Esq. Skebba, Isaacs, Bishop & Henderson Staff Counsel for AIG One MacArthur Place, Suite 650 Santa Ana, CA 92707 Phone: (714) 436-2707 E-mail: Mark.Buehler@AIG.com Attorney for Defendant: Pennyvision LLC, dba Pizza Hut ocated at 3601 Jamboree Rd., #3, Newport Beach, CA 92660