Declaration In Response To OscResponseCal. Super. - 1st Dist.April 3, 2017W O ~ O D B W O R a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ERIC R. GRUBER, ESQ., SBN 262602 GRUBER LAW GROUP 770 L Street, Suite 950 Sacramento, Ca 95814 Telephone: 415-868-5297 MARK J. ZANOBINI, ESQ. SBN 121184 LAW OFFICE OF MARK J. ZANORBINI PC 55 Francisco Street, Suite 403 San Francisco, CA 94133-2115 Telephone: 415-392-8400 Attorneys for Plaintiff, LAUREN RENEE SWARTZ ELECTRONICALLY FILED Superior Court of California, County of San Francisco 11/15/2017 Clerk of the Court BY:JEFFREY LEE Deputy Clerk SUPERIOR COURT OF CALIFORNIA IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION LAUREN RENEE SWARTZ, Plaintiff, Vs. CHRISTOPHER L. CALLAWAY, DANIELLE Case No.: CGC-17-557886 DECLARATION OF ERIC R. GRUBER IN RESPONSE TO COURT'S ORDER TO SHOW CAUSE AND TO REQUEST REDESIGNATION OF APRIL 3, 2015 INCIDENT AS UNINSURED MOTORIST CASE KINAKOPOLOS, JOHN ROBERT TAYLOR, Date: November 28, 2017 and DOES 1 THROUGH 50, INCLUSIVE. Time: 10:30 a.m. Location: Dept. 610 Defendants. [, ERIC R. GRUBER, hereby declares and states as follows: 1. I'am an attorney at law authorized to practice before the above entitled Court and all Courts of the State of California and am the attorney for Plaintiff, LAUREN RENEE SWARTZ. 2. This matter relates to two separate motor vehicle collisions in which Plaintiff sustained similar and related injuries. On April 3, 2015 Plaintiff was in a motor vehicle collision DECLARATION OF ERIC R. GRUBER IN RESPONSE TO COURT'S ORDER TO SHOW CAUSE involving Defendants CALLAWAY and KINAKOPOLOS. On October 6, 2015, Plaintiff was involved in another automobile collision involving Defendant TAYLOR. On October 3, 2017, this Court scheduled an Order to Show Cause hearing for November 28, 2017, in Department 610 of the above-entitied court for failure to file proof(s) of service, obtain an answer(s) from, or enter default judgments against Defendants KINAKOPOLOS and CALLAWAY (hereinafter DEFENDANTS"). Defendants KINAKOPOLOS and CALLAWAY were personally served on June 5, 2017, at 9:51 a.m. at 168 Caribe Isle in Novato, California. Attached hereto as Exhibit 1 are true and correct copies of the Proofs of Service which are on file with this Court. On or about July 6, 2017, | received a phone call from KINAKOPOLOS and CALLAWAY's counsel, Negar Pirzadeh, who informed me that the DEFENDANTS did not have automobile insurance coverage for the accident at issue in this case which occurred on April 3, 2015, and were in a dire financial situation. Ms. Pirzadeh informed me that DEFENDANTS essentially had no income or assets, and were in debt. Ms. Pirzadeh requested a dismissal of the action against her clients. I requested DEFENDANTS provide me with a declaration under penalty of perjury documenting their financial status. Attached as Exhibit 2 are true and correct copies of emails with DEFENDANTS’ counsel. On July 17, 2017, | followed up with Ms. Pirzadeh, as | had not received a declaration of assets, although she had provided me with other supporting documentation. | emailed her a template declaration of assets for her clients to complete. On July 23, 2017 | received the DEFENDANTS completed Declaration of Assets. It was my intention to dismiss Defendants KINAKOPOLOS and CALLAWAY from the case as soon as practically possibly upon verification of the DEFENDANTS declaration of no assets and upon Plaintiff's insurance accepting this case as an uninsured motorist matter. DEFENDANTS counsel was working for her client's pro bono and | did not want to cause DEFENDANTS additional financial hardship by forcing them to file an answer or respond to discovery, DECLARATION OF ERIC R. GRUBER IN RESPONSE TO COURT'S ORDER TO SHOW CAUSE LW @ =~ 3B o r hs W O R aa B O R N M O N O R O R O R R S RN ) m h w h o a d e a x a s o n e h s e a P N G R E W N S O © ® N D O B W e a S 10. 11. 12 13. 14. 15. On August 5, 2017 | moved my offices and residence to Sacramento after purchasing my home, disrupting the routines and processes of my practice. Many of my cases suffered some level of delay while | moved residences and offices. On August 24, 2017 | submitted a letter of representation along with supporting documentation to open an uninsured motorist claim with Plaintiff's insurance carrier, Bankers Standard/ Ace Group. | followed up with Plaintiff's carrier on October 11, 2017. Plaintiff's carrier indicated they did not receive my prior communication, at which time | resubmitted my request. | continued to follow-up with the adjuster on the file. On October 20, 2017, the adjuster confirmed the matter fell under the provisions of Plaintiff's uninsured motorist coverage. Attached as Exhibit 3 are my emails with Bankers Standard/Ace Group. I have filed a Request for Dismissal as to Defendant KINAKOPOLIS and Defendant CALLAWAY concurrently with this declaration. Attached as Exhibit 4 is a copy of the Request for Dismissal. In light of my attempts to resolve this case with Mr. Pirzadeh outside of Court and subsequent filing of a dismissal of the Defendants KINAKOPOLOS and CALLAWAY, | respectfully request that this Court withdraw its pending order to show cause. | apologize for any inconvenience | may have caused this Court. Plaintiff maintains $500,000 bodily injury coverage with Bankers Standard/Ace Group. Plaintiff's counsel believes that the policy limits of this uninsured motorist coverage will suffice to compensate Plaintiff for the April 3, 2015 matter. As such, Plaintiff further requests that the April 3, 2015 incident involving KINAKOPOLOS and CALLAWAY be redesignated as an uninsured motorist matter and remain consolidated with the October 6, 2015 incident involving Defendant TAYLOR for purposes of motions, discovery, settlement, trial and case management. Consolidation will facilitate judicial economy and conserve judicial resources as common questions of law and fact predominate, particularly as relates to damages and medical treatment. It will further avoid the unnecessary duplication of evidence, avoid 3 DECLARATION OF ERIC R. GRUBER IN RESPONSE TO COURT'S ORDER TO SHOW CAUSE 0 Ww ~N O O r B W O R ea 10 11 12 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the risk of inconsistent adjudications, and avoid many of the same witnesses testifying on common issues, Dated: November 14, 2017. GRUBER LAW GROUP roi ERIE R. GRUBER Attorney for Plaintiff 4 DECLARATION OF ERIC R. GRUBER IN RESPONSE TO COURT'S ORDER TO SHOW CAUSE D W D O B G R Y e s p o J T E J ® N O O R W N S O 0 ® N D O A D M a D PROOF OF SERVICE lI, the undersigned, am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is 770 L Street, Suite 950, Sacramento CA 95814. On the date set forth below, I caused the parties herein to be served in the manner indicated below, at the addresses set forth below, with the attached document, to wit: DECLARATION OF ERIC R. GRUBER IN RESPONSE TO COURT'S ORDER TO SHOW CAUSE AND TO REQUEST REDESIGNATION OF APRIL 3, 2015 INCIDENT AS UNINSURED MOTORIST CASE U.S. Postal Service: By placing the document(s) listed above in a sealed envelope with postage prepaid to the person(s) at the address(es) set forth below and putting the same in a United States mailbox located in Tulare, California the same day. [] Facsimile: By transmitting via facsimile the document(s) listed above to the facsimile numbers set forth below on this date before 5:00 p.m. [] Electronic: Based on court order or an agreement of the parties to accept electronic Service, I caused the documents to be sent to the persons at the electronic addresses set orth below. [] Messenger Service: By placing the document(s) listed above in the sealed envelope(s) and by causing messenger delivery of the envelope(s) to the person(s) at the address(es) set forth below. | am readily familiar with the business practice of my place of employment with respect to the collection and processing of correspondence, pleadings and notices for hand delivery. [] Personal Service: By personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. ADDRESSES Kymberly Aleem-Duncan, Esq. Negar Pirzadeh, Esq. Philip M. Andersen & Associates 7250 Redwood Blvd., Suite 300 6210 Stoneridge Mall Road, Suite 550 Novato, CA 94945 Pleasanton, CA 94588 Attorneys for Defendants Attorneys for Defendant Taylor Kinakopolos and Callaway Carole DePinto, Esq. MARK J. ZANOBINI, ESQ. SBN 121184 Chubb North America Claims LAW OFFICE OF MARK J. ZANOBINI PC PO Box 910, O'Fallon, MO 63366, USA 55 Francisco Street, Suite 403 Insurance Representative for Plaintiff's San Tran pa, a cia 15 Uninsured Motorist Claim oxcounsel For Plainti 5 DECLARATION OF ERIC R. GRUBER IN RESPONSE TO COURT'S ORDER TO SHOW CAUSE LC ~ N E W O R e s D N R N RN N N N N = a a a s a s o s o a a B N D A B A W N S O S O N D D M R B N 2 D © STN I declare under penalty of perjury under the laws of the State o true and correct. Executed on the date below in'Sacramento, alifornia that the above is lifornia. Dated: November 15, 2017 - = a - r-Se 6 DECLARATION OF ERIC R. GRUBER IN RESPONSE TO COURT'S ORDER TO SHOW CAUSE Exhibit 1 Exhibit 1 Exhibit 1 POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address}: x FOR COURT USE ONLY Eric Gruber, 262602 : Gruber Law ou ELECTRONICALLY 620 Green Street Suite 5 San Francisco, CA 94133 F ILE D ] TELEPHONE NO.: (41 5868-5297 Superior Court of Cafifornia, ATTORNEY FOR (Name): Plaintiff County of San Francisco 06/12/2017 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Clerk of ihe Court Superior Court of California, San Francisco County BY:NADITA MASON 400 McAllister Street Deputy Clerk San Francisco, CA 94102 PLAINTIFF/PETITIONER: Lauren Renee Swartz CASE NUMBER: DEFENDANT/RESPONDENT: CHRISTOPHER L. CALLAWAY, et al. CGC-17-557886 Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS None 1. At the time of service | was a citizen of the United States, at least 18 years of age and not a party to this action. BY FAX 2. I served copies of: Jury Fees Posted, Summons, Civil Case Cover Sheet, Complaint 3. a. Party served: DANIELLE KINAKOPQOLOS b. Person Served: Christopher Callaway - Co-Occupant 4. Address where the party was served: 168 Caribe Isle Novato, CA 94949 5. | served the party b. by substituted service. On (date): 06/05/2017 at (time): 9:51AM | left the documents listed in item 2 with or in the presence of: Christopher Callaway - Co-Occupant (2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. l informed him or her of the general nature of the papers. (4) A declaration of mailing is attached. (6) | attach a declaration of diligence stating actions taken first to attempt personal service. 6. The "Notice to the Person Served" (on the summons) was completed as follows: a. as an individual defendant. 7. Person who served papers a. Name: Joe Saunders b. Address: One Legal - 194-Marin 504 Redwood Blvd #223 Novato, CA 94947 c. Telephone number: 415-491-0606 d. The fee for service was: $ 57.40 e. lam: (3) registered California process server. (iy Employee or independent contractor. (il) Registration No.: 223 (iii) County: Marin 8.1 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. Date: 06/05/2017 Joe Saunders (NAME OF PERSON WHO SERVED PAPERS) (SIGNATURE) Form Adopted for Mandatory Use Code of Civil Procedure, § 417.10 Judicial Council of California POS-010 [Rev. Jan 1, 2007] PROOF OF SERVICE OF SUMMONS OL# 11108024 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY Eric Gruber, 262602 (415)868-5297 Gruber Law Group 620 Green Street Suite 5 San Francisco, CA 94133 Ref. No. or File No. ATTORNEY FOR (Name): Plaintiff None Insert name of court, judicial district or branch court, if any: San Francisco-McAllister 400 McAllister Street San Francisco, CA 94102 PLAINTIFF: Lauren Renee Swartz DEFENDANT: CHRISTOPHER L. CALLAWAY, et al. DECLARATION OF DILIGENCE CGC-17-557886 CASE NUMBER: I received the within process on 5/30/2017 and that after due and diligent effort | have been unable to personally serve said party. The following itemization of the dates and times of attempts details the efforts required to effect personal service. Additional costs for diligence are recoverable under CCP §1033.5 (a)(4)(B). PARTY SERVED: DANIELLE KINAKOPQOLOS (1)Home: 1868 Caribe Isle, , Novato, CA 94949 BY FAX As enumerated below: On 5/31/2017 7:10:00 PM at address (1) above. No Answer No answer at door. On 6/1/2017 9:30:00 AM at address (1) above. No Answer No answer at door. On 6/2/2017 1:48:00 PM at address (1) above. No Answer No answer at door. On 6/4/2017 6:15:00 PM at address (1) above. No Answer No answer at door. | 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 06/05/2017 at Los Angeles, California. Registered California process server. County; Marin Registration No.: 223 PT Joe Saunders One Legal - 194-Marin 504 Redwood Blvd #223 Novato, CA 94947 OL# 11108024 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address); TELEPHONE NO. FOR COURT USE CNLY Eric Gruber, 262602 (415)868-5297 Gruber Law Group : 620 Green Strest Suite 5 San Francisco, CA 94133 Re. No. or File No. ATTORNEY FOR (Name): Plaintiff None Insert name of court, judicial district or branch court, if any: San Francisco-McAllister 400 McAllister Street San Francisco, CA 94102 PLAINTIFF: Lauren Renee Swartz DEFENDANT: CHRISTOPHER L. CALLAWAY, et al. CASE NUMBER: PROOF OF SERVICE BY MAIL CGC-17-557886 BY FAX I am a citizen of the United States, over the age of 18 and nota party to the within action. My business address is 504 Redwood Blvd., Suite 223 Novato, CA 94947. On 06/05/2017, after substituted service under section CCP 415.20(a) or 415.20(b) or FRCP 4(e)(2)(B) or FRCP 4(h)(1)(B) was made (if applicable), | mailed copies of the: Jury Fees Posted, Summons, Civil Case Gaver Sheet, Complaint to the person fo be served at the place where the copies were left by placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Los Angeles , California, addressed as follows: DANIELLE KINAKOPOLOS 168 Caribe Isle Novato, CA 94949 I am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid, in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. Lo I declare under penalty of perjury under the laws of the United States of America and the State Fee for Service: § 57.40 of California that the foregoing is true and correct and that this declaration was executed on 06/05/2017 at Los Angeles, California. One Legal - 194-Marin 504 Redwood Blvd #223 FA iT Novato, CA 94947 ET _- oh : Peter Fuster OL# 11108024 POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Eric Gruber, 262602 Law Grou Gruber Lay Grou . ELECTRONICALLY 620 Green Street Suite 5 FILED San Francisco, CA 94133 TELEPHONE NO: (415)868-5297 Superior Court of California, ATTORNEY FOR (Name): Plaintiff County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF 07/05/2017 Superior Court of California, San Francisco County BY:YOLANDA TABO-RAMII 400 McAllister Street Deputy Clerk San Francisco, CA 94102 CASE NUMBER: CGC-17-557886 PLAINTIFF/PETITIONER: Lauren Renee Swariz DEFENDANT/RESPONDENT: CHRISTOPHER L. CALLAWAY, et al. Ref. No. or File No.: PROOF OF SERVICE OF SUMMONS Nii 1. At the time of service | was a citizen of the United States, at least 18 years of age and not a party to this action. BY FAX 2. I'served copies of: Jury Fees Posted, Summons, Civil Case Cover Sheet, Complaint 3. a. Party served: Christopher L. Callaway b. Person Served: party in item 3a 4. Address where the party was served: 168 Caribe Isle 5. | served the party Novato, CA 84949 a. by personal service. | personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): 06/05/2017 (2) at (time): 9:51AM 8. The "Notice to the Person Served" (on the summons) was completed as follows: a. as an individual defendant, 7. Person who served papers a. Name: Joe Saunders b. Address: One Legal - 194-Marin 504 Redwood Blvd #223 Novato, CA 94947 c. Telephone number: 415-491-0606 d. The fee for service was: $ 119.90 elam: (3) registered California process server. (iy Employee or independent contractor. (ii) Registration No.:223 (iii) County: Marin 8. 1 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. Date: 06/05/2017 por Joe Saunders : (NAME OF PERSON WHO SERVED PAPERS) . (SIGNATURE) Form Adopted for Mandatory Use Code of Civil Procedure, § 417.10 Judicial Council of California POS-010 PROOF OF SERVICE OF SUMMONS OL# 11108023 [Rev. Jan 1, 2007] Exhibit 2 Exhibit 2 Exhibit 2 11/14/2017 Gmail - Swartz: Extension to file answer ™ (ma il Eric Gruber Swartz: Extension to file answer 24 messages Eric R. Gruber Tue, Jul 4, 2017 at 10:45 AM To: Negar@pirzadehlawoffice.com Negar, | am usually happy to grant an extension, but | would like to understand the necessity for the extension. If it is a ministerial matter, such just needing more time to file an ANSWER, then | am fine with that. But if it is more time to craft a demur or other procedural motion, then | would decline the request. Give me a ring / email and we can memorialize something. Eric Eric R. Gruber LEER AW GROUP Principal Attorney and Founder 620 Green Street, Ste. #5 San Francisco, California 94133 Office: (415) 868-5297 www. GruberLawGroup.com CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission and any attached files may contain confidential information. If you are not the intended recipient of this e-mail, any disclosure, copying, distribution or use of the information contained in or attached to this message is STRICTLY PROHIBITED. Anyone who receives this communication in error should notify us immediately by reply e-mail and delete the message and any attachments. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2701-2709. DISCLAIMER: If you have submitted an inquiry to Gruber Law Group, be advised that unless you have signed a contract with our office, we are not your attorneys. This communication is not intended as legal advice, and no attorney client relationship results. Negar Pirzadeh Tue, Jul 4, 2017 at 5:25 PM To: "Eric R. Gruber” Hi Eric- Thank you for getting back to me. Reason for an extension is Danielle recently reached my law firm and she will be signing an engagement this week- so yes, just need more time to file an Answer. Will not be filing any motions or a demurrer. Once Danielle has signed the engagement agreement, | would like to discuss this case with you. Could you please grant a 30 day extension so | can gather all relevant documents for your review? https://mail.google.com/mail/u/0/?ui=2&ik=4b3601fb9b&jsver=M-xhRWn0Ip0.en.&view=pt&g=pirzadeh&qgs=true&search=query&th=15edd4ff2199c8e... 1/13 11/14/2017 Gmail - Swartz: Extension to file answer Best, Negar Pirzadeh, Esq. PIRZADEH LAW ATTORNEYS 7250 REDWOOD BLVD. SUITE 300 NOVATO | CA [94945 T: 200.298.4439 T: 866.748.0345 DISCLOSURE: This electronic message is confidential and is intended only for the use of the individual to whom it is addressed and may contain confidential and/or privilege information. This transmission is sent in trust for the sole purpose of delivery to the intended recipient. If you have received this transmission in error, you are hereby notified that any use, dissemination, distribution or reproduction of this transmission is strictly prohibited. If vou are not the intended recipient, please immediately notify me by electronic message or telephone and delete the message and any attachment(s) from vour system. From: Eric R. Gruber Sent: Tuesday, July 4, 2017 10:45:08 AM To: Negar Pirzadeh Subject: Swartz: Extension to file answer [Quoted text hidden] Eric R. Gruber Wed, Jul 5, 2017 at 2:39 PM To: Negar Pirzadeh Cc: Pamela Bixler Bec: "MailSync - Swartz, Lauren / Swartz v. Doe" Negar, To confirm, you represent both Kinakapolous and Mr. Callaway? As you know | do not have any authority to grant any extensions beyond what is required by Code/CRC. | will grant a 15 day extension as allowed pursuant to CRC 3.110 to file AN ANSWER. | do not grant any such extension for any other type of responsive pleading. We will be serving discovery shortly and to expedite matters | would request that we get confirmation that 1) your clients have no insurance coverage to cover this loss and a declaration of assets. For your reference: (d) Timing of responsive pleadings The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint. (f) Failure to serve If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed. https://mail.google.com/mail/u/0/?ui=2&ik=4b3601fb9b&jsver=M-xhRWn0Ip0.en.&view=pt&g=pirzadeh&qgs=true&search=query&th=15edd4ff2199c8e... 2/13 11/14/2017 Gmail - Swartz: Extension to file answer (9) Request for entry of default If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed. The court may issue an order to show cause why sanctions should not be imposed if the plaintiff fails to timely file the request for the entry of default. That said, | have calendared July 30th as my last day to enter default against your client. | look forward to working with you. Best, Eric [Quoted text hidden] Negar Pirzadeh Thu, Jul 8, 2017 at 10:01 AM To: "Eric R. Gruber" Cc: Pamela Bixler Hi Eric- Yes, | will be representing both parties (they live together and are engaged)- once they are able to secure a retainer. They are having a hard time, financially, coming up with the money. They do not have insurance coverage and as for assets, | will provide you with their finances, or lack thereof. Both parties have multiple accounts in collections, credit cards debt, less than $1,000 in their bank accounts, and no tangible assets that could be attached. Again, thanks for your cooperation and i'll be in touch shortly. Best, Negar Pirzadeh, Esq. PIRZADEH LAW ATTORNEYS 7250 REDWOOD BLVD., SUITE 300 NOVATO | CA {94945 T: 209.298.4439 F: 866.748.0345 DISCLOSURE: This electronic message is confidential and is intended only for the use of the individual to whom it is addressed and may contain confidential and/or privilege information. This transmission is sent in trust for the sole purpose of delivery to the intended recipient. If vou have received this transmission in error, you are hereby notified that any use, dissemination, distribution or reproduction of this transmission is strictly prohibited. If you are not the intended recipient, please immediately notify me by electronic message or telephone and delete the message and any attachment(s) from your system. https://mail.google.com/mail/u/0/?ui=2&ik=4b3601fb9b&jsver=M-xhRWn0Ip0.en.&view=pt&g=pirzadeh&qgs=true&search=query&th=15edd4ff2199c8e... 3/13 11/14/2017 Gmail - Swartz: Extension to file answer From: Eric R. Gruber Thu, Jul 6, 2017 at 10:40 AM To: Negar Pirzadeh Cc: Pamela Bixler Thanks Negar. This is the last thing that | want to do to people, my client has UM coverage. | would rather they did not have to retain you and spend money on filing an answer. | know Danielle had some coverage on the vehicle but that Mr. Callaway was not a listed driver (or that is my suspicion). If you can please relay to them that we are not looking to proceed against them personally, no one wants to do that, myself included. As a personal injury practitioner, know | have to get at least some information and get my client's insurance to accept this as a UM claim. To the extent you can do this for your client as cheaply as possible and perhaps without the need for an answer, that would be appreciated. Can they send me coverage denial letters? Info on the vehicle? Etc, etc. so we can minimize their time and your time involved in this and save them their money. They need to be spending it on a wedding! [Quoted text hidden] Negar Pirzadeh Thu, Jul 8, 2017 at 11:07 AM To: "Eric R. Gruber” Cc: Pamela Bixler Hi Eric- it is refreshing to come across attorneys like you. Danielle is an acquaintance and | will be doing this for her as cheaply as possible. To that end, | will prepare all documents to demonstrate lack of insurance coverage, etc. and forward to you ASAP. Thanks, Negar Pirzadeh, Esq. PIRZADEH LAW ATTORNEYS 7250 REDWOOD BLVD, SUITE 300 NOVATO | CA {94945 T: 209.298.4439 ¥. 866.748.0345 DISCLOSURE: This electronic message is confidential and is intended only for the use of the individual to whom it Is addressed and may contain confidential and/or privilege information. This transmission is sent In trust for the sole purpose of delivery to the intended recipient. If you have received this transmission in error, you are hereby notified that any use, dissemination, distribution or reproduction of this transmission is strictly prohibited. If you are not the intended recipient, please immediately notify me by electronic message or telephone and delete the message and any attachment(s) from your system. https://mail.google.com/mail/u/0/?ui=2&ik=4b3601fb9b&jsver=M-xhRWn0Ip0.en.&view=pt&g=pirzadeh&qgs=true&search=query&th=15edd4ff2199c8e... 4/13 11/14/2017 Gmail - Swartz: Extension to file answer From: Eric R. Gruber Fri, Jul 7, 2017 at 2:08 PM To: "Eric R. Gruber” Eric, Read. Seems like a nice attorney himself. lve calendered the Default on PP. [Quoted text hidden] Eric R. Gruber Fri, Jul 7, 2017 at 2:34 PM To: Pamela Bixler Thanks. Agreed. [Quoted text hidden] Negar Pirzadeh Mon, Jul 17, 2017 at 8:51 AM To: "Eric R. Gruber” Cc: Sarah Malnitz Good morning Eric- Please see attached letter and supporting documents. Once you have reviewed, please let me know if you would like to discuss further. Best, Negar Pirzadeh, Esq. PIRZADEH LAW ATTORNEYS 7250 REDWOOD BLVD. SUITE 300 NOVATO | CA [194945 T: 200.298.4439 7: 866.748.0345 DISCLOSURE: This electronic message is confidential and is intended only for the use of the individual to whom it is addressed and may contain confidential and/or privilege information. This transmission is sent in trust for the sole purpose of delivery to the intended recipient. If vou have received this transmission in error, you are hereby notified that any use, dissemination, distribution or reproduction of this transmission is strictly prohibited. If vou are not the intended recipient, please immediately notify me by electronic message or telephone and delete the message and any attachment(s) from your system. https://mail.google.com/mail/u/0/?ui=2&ik=4b3601fb9b&jsver=M-xhRWn0Ip0.en.&view=pt&g=pirzadeh&qgs=true&search=query&th=15edd4ff2199c8e... 5/13 11/14/2017 Gmail - Swartz: Extension to file answer Thanks, NP [Quoted text hidden] Negar Pirzadeh Sat, Aug 12, 2017 at 6:21 AM To: "Eric R. Gruber” Hi Eric- Just received your discovery requests yesterday and plan on meeting with my clients to gather all relevant documents. But | was under the impression that once you obtained their declarations, it was to be submitted to your client's insurance (for UM coverage). Has your plan changed since? My clients have yet to put down a retainer and my work thus far, has been pro bono. But I'm not sure how much longer | can stay on the case if your plan is to pursue this claim against them, despite their lack of insurance, gainful employment, or assets. Have also received your notice of deposition. | understand you need full disclosure and information in order to make a decision, and | just want to get a sense of time | will need to devote to this case...thanks for your understanding and professional courtesy. Best, Negar Pirzadeh, Esq. PIRZADEH LAW ATTORNEYS www. pirzadehlawoffice com 7250 REDWOOD BLVD., SUITE 300 NOVATO | CA] 94945 T: 209.298.4430 F: 866.748.0345 [Quoted text hidden] Eric R. Gruber Sat, Aug 12, 2017 at 2:12 PM To: Negar Pirzadeh Negar, The discovery has gone out systemactizally. Nothing has changed. Don't worry about the discovery at all. If anything what we will need is the 4 series completed, as least in my experience, so just hold on to it for now and we can extend the deadline on it indefinitely. If it needs to move forward we can set a mutually agreeable deadline. Eric [Quoted text hidden] [Quoted text hidden] Negar Pirzadeh Mon, Oct 2, 2017 at 6:39 AM To: "Eric R. Gruber” Hi Eric- Hope all is well. | was just checking case info online and noticed the Case Management Statement has been filed, and the POS shows my firm's address, but not Kymberly Duncan's (please see attached). Just thought | would bring that to your attention. https://mail.google.com/mail/u/0/?ui=2&ik=4b3601fb9b&jsver=M-xhRWn0Ip0.en.&view=pt&g=pirzadeh&qgs=true&search=query&th=15edd4ff2199c8... 12/13 11/14/2017 Gmail - Swartz: Extension to file answer Also, as for a dismissal of my clients, has your client's insurance accepted the UM claim for coverage? Thanks for your time, Negar Pirzadeh, Esq. PIRZADEH LAW ATTORNEYS 7250 REDWOOD BLVD, SUITE 300 NOVATO | CA | 94945 T: 209.298.4439 F: 866.748.0345 DISCLOSURE: This electronic message is confidential and is intended only for the use of the individual to whom it Is addressed and may contain confidential and/or privilege information. This transmission is sent in trust for the sole purpose of delivery to the intended recipient. If vou have received this transmission in error, you are hereby notified that any use, dissemination, distribution or reproduction of this transmission is strictly prohibited. If you are not the intended recipient, please immediately notify me by electronic message or telephone and delete the message and any attachment(s) from your system, From: Eric R. Gruber Sent: Saturday, August 12, 2017 2:12:16 PM [Quoted text hidden] [Quoted text hidden] pk Case Management_Kiriakopolos.pdf 495K https://mail.google.com/mail/u/0/?ui=2&ik=4b3601fb9b&jsver=M-xhRWn0Ip0.en.&view=pt&g=pirzadeh&qgs=true&search=query&th=15edd4ff2199c8... 13/13 Exhibit 3 Exhibit 3 Exhibit 3 1114/2017 Gmail - Claim # 77079095 ™ (ma il Eric Gruber Claim # 77079095 6 messages Eric R. Gruber Wed, Oct 11, 2017 at 2:23 PM To: carole.depinto@chubb.com Ms. Depinto, please find enclose our prior correspondence that appears not to have been addressed correctly or received in your offices. If you could please acknowledge receipt and review at your earliest, | would greatly appreciate it. | need to dismiss the defendant of or force them to answer. However, given their lack of assets and lack of insurance, | am not here to make someone else's life miserable. Thank you for your prompt attention. Eric R. Gruber EEF AW GROUP Principal Attorney T:(415) 868-5297 F: (415) 325-5905 www. Gruber awGroup.com CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission and any attached files may contain confidential information. If you are not the intended recipient of this e-mail, any disclosure, copying, distribution or use of the information contained in or attached to this message is STRICTLY PROHIBITED. Anyone who receives this communication in error should notify us immediately by reply e-mail and delete the message and any attachments. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2701-2709. DISCLAIMER: If you have submitted an inquiry to Gruber Law Group, be advised that unless you have signed a contract with our office, we are not your attorneys. This communication is not intended as legal advice, and no attorney client relationship results. 5 attachments eg EXHIBIT E_Christopher Callaway_Federal Tax Lien_2011.png 182K 7] Declaration of Assets_Danielle Kiriakopolos.pdf = 145K https://mail.google.com/mail/u/0/?ui=2&ik=4b3601fb9b&jsver=M-xhRWn0Ip0.en.&view=pt&g=chubb&qs=true&search=query&th=15f3b975e282824e8&s... 1/4 1114/2017 Gmail - Claim # 77079095 bra EXHIBIT A_CA-Coverage-Denial-Letter-to-Insured-05-08-2015.pdf 63K Letter to Ace Risk Service RE UIM Claim.pdf = 34K sy Auth Swartz.pdf 7 180K De Pinto, Carole To: "Eric R. Gruber” Eric: Thu, Oct 12, 2017 at 12:14 PM Receipt of your email is acknowledged. am going to check to see if we can get an insurance check done. Inthe meantime, please email me the medical records for Ms. Swartz. | understand she was involved in another accident not long from this accident. We will need to rule out any preexisting or subsequent injuries. Do you also represent her for the other accident? I look forward to working with you to resolve this matter. Thank you, Carole DePinto, Esq. Claim Director - Casualty Chubb North America Claims PO Box 910, O'Fallon, MO 63366, USA 0 908.860.4674 TF 215.861.6502 E carole.depinto@chubb.com t) Chsbd, Insured, {JACE Insurance Company of the Midwest {JAtlantic Employers Insurance {Atlantic Mutual Insurance Company {)Balboa Insurance Company ()Bankers Standard Insurance Company {Centennial Insurance Company {Jillinois Union Insurance Company {}Meritplan Insurance Company https://mail.google.com/mail/u/0/?ui=2&ik=4b3601fb9b&jsver=M-xhRWn0Ip0.en.&view=pt&g=chubb&qs=true&search=query&th=15f3b975e282824e8&s... 2/4 1114/2017 Gmail - Claim # 77079095 {)Pacific Employers Insurance Company {)Allianz Global Risks {JAllianz Underwriters Insurance Company {American Automobile Insurance Company {)Associated Indemnity Corporation {)Chicago Insurance Company {JFireman's Fund insurance Co. of Ohio {JFireman's Fund Insurance Company {National Surety Corporation {()The American Insurance Company {(JFireman's Fund Insurance Co. of Louisiana {American Standard Lloyd's Ins. Co. {)Fireman's Fund Insurance Co. of Missouri {American Standard Lloyds {JFireman's Fund County Mutual Ins. Company From: Eric R. Gruber [mailto:eric@gruberlawgroup.com] Sent: Wednesday, October 11, 2017 5:23 PM To: De Pinto, Carole Subject: Claim # 77079095 [Quoted text hidden] This email {including any attachments) is intended for the designated recipient(s) only, and may be confidential, non- public, proprietary, and/or protected by the attorney-client or other privilege. Unauthorized reading, distribution, copying or other use of this communication is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) should not be deemed a waiver of any privilege or protection. If you are not the intended recipient or if you believe that you have received this email in error, please notify the sender immediately and delete all copies from your computer system without reading, saving, printing, forwarding or using it in any manner. Although it has been checked for viruses and other malicious software ("malware"), we do not warrant, represent or guarantee in any way that this communication is free of malware or potentially damaging defects. All liability for any actual or alleged loss, damage, or injury arising out of or resulting in any way from the receipt, opening or use of this email is expressly disclaimed. Eric R. Gruber Fri, Oct 13, 2017 at 1:27 PM To: "De Pinto, Carole” Carole, | do represent her for the subsequent injury. My thought is that we compel arbitration right away and consolidate the actions. The party to the subsequent action is going to say pre-existing and you guys will say new injury. | simply cannot resolve the case with Chubb or the other party independent of each other. | leave it up to you whether you will wish to proceed alongside of the litigation or to be added to the action. What is your best estimate as to when you will determine if this accident falls under your policy / i.e. confirm the other driver was uninsured. Thank you for you assistance. Eric [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=4b3601fb9b&jsver=M-xhRWn0Ip0.en.&view=pt&g=chubb&qs=true&search=query&th=15f3b975e282824e8&s... 3/4 1114/2017 Gmail - Claim # 77079095 Eric R. Gruber Fri, Oct 20, 2017 at 1:23 PM To: "De Pinto, Carole" Ms. De Pinto, Do you have any updates you can provide me on your evaluation regarding liability / acceptance as an uninsured motorist claim? | would like to dismiss the uninsured defendants from the lawsuit as promptly as possible. Thank you. [Quoted text hidden] De Pinto, Carole Fri, Oct 20, 2017 at 1:40 PM To: "Eric R. Gruber” Eric: We have now ruled out other insurance for the other driver. Respectfully, | do not agree that litigation is necessary. | am inquiring as to injuries from the other accident given the time frame. We will, of course, evaluate the UIM claim. Please email the medical records to me. [Quoted text hidden] From: Eric R. Gruber [mailto:eric@gruberiawgroup.com] Sent: Friday, October 13, 2017 4:27 PM To: De Pinto, Carole Subject: Re: Claim # 77079095 [Quoted text hidden] Eric R. Gruber Fri, Oct 20, 2017 at 2:01 PM To: "De Pinto, Carole" Thank you Ms. De Pinto. | do appreciate the update. We are working on sorting out her medical and employment history and her total losses in this collision at this time. Once we have obtained all of the necessary medical records, bills, and documentation, we will provide you with a demand / offer. Best, Eric [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=4b3601fb9b&jsver=M-xhRWn0Ip0.en.&view=pt&g=chubb&qs=true&search=query&th=15f3b975e282824e8&s... 4/4 Exhibit 4 Exhibit 4 Exhibit 4 CIV-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar mumbir, ard address): FOR COURT USE ONLY Eric R. Gruber 262602 Gruber Law Group 770 Lo Btreet Sacramento, CA 95814 TELERHONEND,; 4 158685297 FAX NO. (Ciptional: E-MAIL ADDRESS (Oolong); ATTORNEY FOR fame. Plaintiff Lauren Renee Swarty SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco streeTaporess: 400 McAllister Street MAILING ADDRESS: crvanpzrcoe: San Francisco 94133 srpancHiave Ban Francisco PLAINTIFF/PETITIONER: Lauren Swartz DEFENDANT/RESPONDENT: Christopher Callaway, Danielle Kinakopolos John Robert Taylor and Does 1 to 50 CASE HUMBER: REQUEST FOR DISMISSAL CGC 17 557886 A conformed copy will not be returned by the clerk unless a method of return is provided with the document. This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action. (Cal. Rules of Court, rules 3.760 and 3.770) 1. TO THE CLERK: Please dismiss this action as follows: a. (1) L¥ with prejudice (2) [XJ Without prejudice b. (1) Complaint (2) [1] Petition (3) LJ Cross-compiaint filed by (name): on (date): (4) LJ Cross-compiaint filed by (name): on (date): (5) [L} Entire action of all parties and all causes of action (6) [XJ Other (specify):* As to Defendants Christopher Callaway & Danielle Kinakopolos ONLY. 2. (Complete in all cases except family law cases. J The court [did [ZRdid not waive court fees and costs for a party in this case. (This informathorr isl be obtained from the clerk. If court fees and costs were waived, the declaration on the back of this-foriFmust be cam feted). Date: 11/14/0117 NJ fim Bric. R. GrUDBL rooniseesse essen. rr id Pe. {TYPE OR PRINT NAME OF arrorney [J parry witHouT ATTORNEY) (SIGNATURE) * if dismi i i i i with ttorney for: oo Shes Sse Shed bOatlen of sepfed copes of con al FREROR eat 91 omas-Odenplskity fu De clei ace IX} PlaintifffPetitioner [J] Defendant/Respondent [3 Cross-Complainant 3, TO THE CLERK: Consent fo the above dismissal is hereby given. Date: (vee oRPRINTNAME OF [LJ arrornev[_] party witHouT ATTORNEY) (SIGNATURE) Hf a gross-complaint - or Response (Family Law) seeking affirmative Attorney or party without attorney for: SE Te deme Be oar socion Set [2] Plaintiff/Petitioner [J Defendant/Respondent orth [1 Cross-Complainant {To be completed by clerk) 4. [J Dismissal entered as requested on (date): 5. [J Dismissal entered on (date): as to only (name): 6. [J] Dismissal not entered as requested for the following reasons (specify). 7. a. [J Attorney or party without attorney notified on (date): b. Attorney or party without attorney not notified. Filing party failed to provide a copy to be conformed J means to return conformed copy Date: Clerk, by Pa Sly i , 558 rE "ae SE) any REQUEST FOR DISMISSAL Gov. Code, § 6953716): Cal. Rules af Co, role 3 1300 CI.110 Fev, Jan. 1, 2013] FssenaL FoRMs™ WW COLES, DELOV Swartz CIvV-110 PLAINTIFFIPETITIONER; Lauren Swartz CASE NUMBER: DEFENDANT/RESPONDENT: christopher Callaway, Danielle Kinako CEC AT H5T886 COURT'S RECOVERY OF WAIVED COURT FEES AND COsTS If a party whose court fees and costs were initially waived has recovered or will recover $10,000 or mare in value by way of settlement, compromise, arbitration award, mediation setlement, or other means, the court has a statutory lien on that recovery. The court may refuse to dismiss the case until the lien is satisfied, (Gov. Code, § 68637.) Declaration Concerning Waived Court Fees 1. The court waived fees and costs in this action for {name}: 2. The person in item 1 Is {check one below): a. [J not recovering anything of value by this action, b. LJ recovering less than $10,000 in value by this action. oc. Lod recovering $10,000 or more in value by this action. (If item 2¢ is checked, item 3 must be completed.) 3. [LJ All court fees and costs that were waived in this action have been paid to the court (check one): [LJ Yes [J No | declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: b oveeorerRiNTiaME OF [LB attorney [CT] parry making DECLARATION (SIGNATURE) Page 2of2 CIV-110 (Rav. denuary 3, 2013) REQUEST FOR DISMISSAL 2) tami FoRws™ Swartz
