Separate Statement of Undisputed Facts In Support of Motion For Summary Judgment Or In The Alternative Summary Adjudication of Issues

Response

Cal. Super. - 1st Dist.January 5, 2016

M D 0 0 ~ 3 O h W h Bs W e b g ee oo d fe ed fe nd pe d ee d h k ee d em d ee d 0 w n Lh dB a B a e e (O D 19 Randolph S. Hicks, Esq. - SBN 83627 Gina J. Beltramo, Esq. - SBN 203809 CODDINGTON, HICKS & DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 Tel: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendant/Cross- Complainant/Cross-Defendant Alejandro Melgarejo-Medina ELECTRONICALLY FILED Superior Court of California, County of San Francisco 09/11/2017 Clerk of the Court BY:EDWARD SANTOS Deputy Clerk IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO JACOB KELLY, A MINOR, by and through his Guardian Ad Litem, TARA KELLY, Plainuff, vs, ROGER ANTHONY PEREZ, and DOES 1- 25 INCLUSIVE, Defendants. Case No. CGC16549730 (Consolidated) SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF ALDJANDRO MELGAREJO-MEDINA’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Date: November 30, 2017 Time: 9:30 a.m. Dept.: 302 Trial Date: March 5, 2018 Reservation No. 09011130-04 Defendant Alejandro Melgatejo-Medina (“defendant”) respectfully submits the following separate statement of undisputed material facts and supporting evidence in support of his motion for summary judgment, ot, in the alternative, summary adjudication of issues. 117 /1/ /// /1/ /1/ Separate Statement of Undisputed Facts in Support of Motion for Summary Judgment or, in the Alternative, Summary Adjudication of Issues; Case No: CGC16549730 (Consolidated) 1 421713 N D 0 8 ~~ O h W y Be W B ee t M B N R R R B I v a n N S U R O N =~ 3S D o » a o e , R o e ob S B [Ne ] jes ] The following undisputed material facts and supporting evidence entitle defendant Medina to summary judgment ot, in the alternative, summaty adjudication. Moving Party’s Undisputed Material Facts and Supporting Evidence Opposing Party’s Response and Supporting Evidence 1. On September 20, 2016, plaintiffs Catherine and Marc Wendling and Luca D'Isanto (“plaintiffs”) offered to accept $45,000 of defendant Alejandro Melgarejo-Medina’s (“defendant”) $50,000 automobile insurance policy limit in exchange for release of all claims against defendant. Declaration of Gina J. Beltramo in Support of Defendant Alejandro Melgarejo-Medina’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication (“Beltramo Dec”. at § 7, Exhibit, (“Exh.”) E to Beltramo Decl. 2. On January 24, 2017, counsel for defendant provided plaintiffs with Settlement Agreement and Releases. Declaration of Gina J. Beltramo in Support of Defendant Alejandro Melgarejo-Medina’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication (“Beltramo Decl”), at § 2, Exh. A to Beltramo Decl. 2 Separate Statement of Undisputed Facts in Support of Moton for Summary Judgment or, in the Alternative, Summary Adjudicadon of Issues; Case No: CGC16549730 (Consolidated) 421713 M 0 ~ 1 O N W e B W B D ee f r e d p e e d p e e d p e e k f e e d E E I 3. The Settlement Agreement and Releases %. stated, in part: For and in consideration of the sum Twenty Two Thousand Five Hundred Dollars and zero cents ($22,500.00), Releasor[s] do hereby release and forever discharge Releasee and his agents, employees, and assigns of and from any and all claims, demands, rights, liability, suits, debts, liens, actions and causes of action, of every kind and nature whatsoever, at law or in equity, known and unknown, suspected and unsuspected, disclosed and undisclosed (including without limitation claims for personal injury and property damage) which Releasor[s] ever had, now have or hereafter may have by reason of any act, omission, matter, cause or thing from the beginning of time to the end of time, arising out of or in any way connected with the aforementioned Accident which is the subject of the Action. Beltramo Decl. at §| 3, Settlement Agreement and Releases of plainziffs Marc and Catherine Wendling and plaintyf] Luca D’Isanto, Exh. B to Beltramo Decl. 4. On February 23, 2017, plaintiffs provided | 4. defendant with executed binding written settlement agreements. Beltramo Decl. at 4 3, Exh. B to Beltramo Decl. 5. The Settlement Agreement and Releases 5. did not contain a provision regarding timing of payment of the settlement monies. Beltramo Decl. at 9 3, Exh. B to Beltramo Decl. 3 | Separate Statement of Undisputed Facts in Support of Motion for Summary Judgment ot, | in the Alternative, Summary Adjudication of Issues; Case No: CGC 16549730 (C onsolidated) 421713 N D D N L h BS L a B D ee B b B B B D R D B B D ee it pe 6. On May 23, 2017, defendant filed a First Amended Answer to the complaint of plaintiffs Catherine and Marc Wendling, and to the complaint of Luca D’Isanto. The answers asserted as affirmative defenses that plaintiffs’ complaints were barred because plaintiffs entered into binding settlement agreements in which they released defendant Medina from all liability and because plaintiffs compromised their claims against defendant Medina and released defendant from liability. See defendant’s Request for Judicial Notice at 1, Exh. 1. 7. On August 7, 2017, defendant filed an Answer to the [rst Amended Complaint of plaintiffs Catherine and Marc Wendling, and to the First Amended Complaint of Luca DIsanto. The answers asserted as affirmative defenses that plaintiffs’ complaints were barred because plaintiffs entered into binding settlement agreements in which they released defendant Medina from all liability and because plaintiffs compromised their claims against defendant Medina and released defendant from liability. See defendant’s Request for Judicial Notice at § 4, Exh. 4. =~ Dated: September 8, 2017 CODDINGTON, HICKS & DANFORTH Ni Ts 4 Randolph-8. Hicks Gina J. Beltramo Attorneys for Defendant/Cross- Complainant/Cross-Defendant Alejandro Melgarejo-Medina Separate Statement of Undisputed Faces in Support of Moton for Summary Judgment or, in the Alternative, Summary Adjudication of Issues; Case Nov CGC16549730 (Consolidated) 421713 C O N D 0 0 =~ ON WU Bs W B ) be M O R R N N N RO bh - © N \ A Gh RE L D N = S D o w a o e E L S o z PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 10134, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is hporter@chdlawyers.com. I am readily familiar with my employer’s business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On September 11, 2017, I served a copy of each of the documents listed below by placing said copies for processing as indicated herein. SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF ALEJANDRO MELGAREJO-MEDINA’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES XX Electronic Transmission: The correspondence or documents were transmitted electronically via Onel.egal as follows: X Based on a court order, Local Rule 2.10(P)(3) and California Rule of Court 2.251(i), I caused the document(s) listed above to be sent to the persons at the electronic notification addresses listed below. XX United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S, Postal Service at Redwood City, California on this same date in the ordinary course of business. PERSONS OR PARTIES SERVED: Attorneys for Plaintiffs Attorneys for Defendant/ Catherine Wendling and Marc Wendling | Cross-Complainant City and County of San Francisco Attorneys for Plaintiff Luca ID’Isanto David A. Delbon, Esq. Hal Chase, Jr., Esq. Deputy City Attorney Vasquez Estrada & Conway, LLP Fox Plaza Courthouse Square 1390 Market Street, Sixth Floor 1000 Fourth Street, Suite 500 San Francisco, CA 94102-5408 San Rafael, CA 94901 Telephone: (415) 554-3962 Facsimile: (415) 554-3837 Telephone: (415) 453-0555 E-mail: david.delbon@sfoov.org Facsimile: (415) 453-0549 N 0 0 w d O n w a E-mail: hchase(@vandelaw.com Attorneys for Defendant/ Cross-Complainant Roger Anthony Perez Robin Y. Trembath, Esq. Law Office of Robin Y. Trembath 2036 Nevada City Highway, #639 Grass Valley, CA 95945 Telephone: (530) 264-7656 Facsimile: (925) 478-5949 E-mail: robin@trembathlaw.com Atrorneys for Lien Claimant City and County of San Francisco Debra D. Lew, Esq. Office of the Treasurer & Tax Collector - Legal Section City and County of San Francisco P.O. Box 7426 San Francisco, CA 94120-7426 Telephone: (415) 554-7888 Facsimile: (415) 554-5010 E-mail: Debra Lew@sfoov.otg | J I certify (or declare) under penalty of perjury under the laws-of the foregoing is true and correct and that this dec; fatipn was 7 lexecuted pt” State of California that September 11, 2017. Helen Porter Court: Superior Court of California, San Francisco Coun Action No: Case Name: Kelly v. Perez, et al. 2 CGC-16-549730 (Consolidated w/ CCC 1559036 and CGC-16-551023)