On November 29, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Gianfermo, Carole,
Joseph, Dominique Chesere,
Joseph, Eddy, Jr,
Meschi, Donna Marie,
Meschi, Vincent Andrew,
Roes 1-10,
and
California Automobile Insurance Company,
Does 1 Through 10,
Does 1 Through 20,
Does 3 Through 10,
Mercury Casualty Company,
Mercury Insurance Services, Llc,
for Complex Civil Unlimited Class Action
in the District Court of San Mateo County.
Preview
1 J. Edward Kerley (175695)
Dylan L. Schaffer (153612)
2
Kerley Schaffer LLP
3 1939 Harrison Street, #900
Oakland, California 94612 4/15/2022
4 Telephone: (510) 379-5801
Facsimile: (510) 228-0350
5
6 John R. Parker, Jr. (257761)
Cutter Law, PC
7 401 Watt Avenue
Sacramento, California 95864
8 Telephone: (916) 290-9400
Facsimile: (916) 588-9350
9
10 Attorneys for Plaintiff
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 SAN MATEO COUNTY — UNLIMITED CIVIL JURISDICTION
13
14 DONNA MARIE MESCHI, an Case No. 16CIV02607
individual, VINCENT MESCHI, an
15 individual, on behalf of themselves and a
class of similarly situated persons, and PLAINTIFF’S NOTICE OF MOTION AND
16 ROES 1-10. MOTION FOR CLASS CERTIFICATION
17 Date: July 7, 2022
Plaintiffs,
Time: 9:00 a.m.
18
v. Judge: Dept. 22
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MERCURY CASUALTY COMPANY, a
20 corporation, CALIFORNIA
AUTOMOBILE INSURANCE
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COMPANY, a corporation, MERCURY
22 INSURANCE SERVICES, LLC, a
limited liability corporation, and DOES 3
23 through 10,
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Defendants.
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NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 YOU ARE HEREBY NOTIFIED THAT on July 7, 2022, at 9:00 a.m. in San Mateo
3 County Superior Court, Plaintiff DONNA MARIE MESCHI, an individual, on behalf of herself
4 and a class of similarly situated persons will move the Court pursuant to Cal. Code Civ. Proc.
5 section 382 to certify the Classes described in the Third Amended Complaint as the Plaintiff
6 Classes, and to certify the Plaintiff named above as representative of the Plaintiff Classes and her
7 counsel of record as counsel for the Plaintiff Classes. The motion will be made on the grounds
8 that the members of the proposed Classes are so numerous it is impracticable to bring all
9 members of the proposed Classes before the Court; questions of law and fact common to the
10 members of the proposed Classes are substantially similar and predominate over questions
11 affecting the individual claimants; the claims of the representative Plaintiffs named above are
12 typical of the claims of the members of the proposed Classes; the representative Plaintiffs named
13 above will fairly and adequately protect the interests of the proposed Classes; and the class action
14 mechanism is the superior method for adjudicating the claims of the proposed Classes.
15 PLEASE TAKE NOTICE that pursuant to California Rule of Court No. 3.1308 and Local
16 Rule 3.403, parties satisfied with the tentative ruling need not appear at the scheduled hearing.
17 Parties intending to appear and contest the tentative ruling must notify both the Court and
18 opposing counsel of such intent by 4:00 p.m. on the first court date preceding the hearing date.
19 Tentative rulings on Law & Motion matters will continue to be posted by 3:00 p.m. the prior
20 court day and are posted on the Court's website.
A party seeking to contest a tentative ruling now has the option of doing so - and is
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encouraged to do so - by email, rather than by telephone. A party intending to appear in order to
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contest the tentative rulings on a matter calendared for hearing in must notify the assigned Judge's
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Department by 4:00 p.m. on the prior court day by emailing or by telephoning the Civil
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Department of the Civil Judge assigned to that civil case. (Local Rule 3.403(b).)
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Any email to the Court must be contemporaneously copied to all parties or their counsel
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of record. (Local Rule 3.403(b).) Any email to the Court must be contemporaneously copied to
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all parties or their counsel of record. (Local Rule 3.403 (b). Emails contesting the tentative ruling
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must state the case name and number in the subject line. In the email the contesting party must
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NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION
1 include the name of the motion, the party contesting, and the time estimate for oral arguments.
2 Emails must be in at least 12-point type. (Local Rule 3.403(b)(ii).)
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4 Dated: April 15, 2022 CUTTER LAW PC
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6 By: /s/ John R. Parker, Jr.
John R. Parker, Jr.
7 C. Brooks Cutter
Attorneys for Plaintiff
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NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION
1 PROOF OF SERVICE
Meschi v. Mercury Casualty Company
Superior Court of San Mateo County
2 Case No. 16CIV02607
3 I declare that I am over the age of 18 years and not a party to this action. My business
address is 1939 Harrison Street, #500, Oakland, CA 94612. On April 15, 2022, I served the
4 following on the interested parties in this action:
5 PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION
6 DECLARATION OF DONNA MESCHI IN SUPPORT OF PLAINTIFF’S MOTION FOR
CLASS CERTIFICATION
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DECLARATION OF DYLAN SCHAFFER IN SUPPORT OF PLAINTIFF’S MOTION
8 FOR CLASS CERTIFICATION
9 DECLARATION OF JOHN R. PARKER, JR. IN SUPPORT OF PLAINTIFF’S
MOTION FOR CLASS CERTIFICATION
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF’S
MOTION FOR CLASS CERTIFICATION
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12
Lora D. Hemphill John R. Parker, Jr.
HAGER & DOWLING CUTTER LAW P.C.
13
319 E. Carrillo Street, Second Floor 401 Watt Avenue
Santa Barbara, CA 93101 Sacramento, California 95864
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Phone: (805) 966-4700 Telephone: (916) 290-9400
Fax: (805) 966-4120 Fascimile: (916) 588-9350
15
mail@hdlaw.com jparker@cutterlaw.com
Attorneys for Defendants aellis@cutterlaw.com
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Co-Counsel for Plaintiffs
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18 ☐ MAIL: By placing such documents(s) in a sealed envelope, with postage prepaid for
first class mail, for collection and mailing at Oakland California following ordinary business
19 practice for deposit with United States Postal Service.
☐ FAX: By causing to be transmitted the documents by use of fax machine telephone
20 number (510)228-0350 to the parties at the facsimile numbers listed on the service list above.
The fax machine used complies with California Rule of Court 2.301. The transmission was
21 reported as complete and no error was reported by the machine. I caused the transmitting
machine to print a record of the transmission, a copy of which is attached to this declaration.
22 ☒ E-MAIL: By electronic mail to the addresses noted above
23 ☐ FEDEX: By placing for overnight delivery such documents(s) in a facility or box that is
regularly maintained by FedEx.
24 ☐ HAND DELIVERY: Caused to be hand delivered.
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Proof of Service
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I declare under penalty of perjury under the laws of the State of California and the United
2 States that the foregoing is true, and if called as a witness I could testify competently thereto. This
declaration was executed on April 15, 2022, at Oakland, California.
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Tiffany Chang
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Proof of Service
Preview
1 J. Edward Kerley (175695) Dylan L. Schaffer (153612) 2 Kerley Schaffer LLP 3 1939 Harrison Street, #900 Oakland, California 94612 4/15/2022 4 Telephone: (510) 379-5801 Facsimile: (510) 228-0350 5 6 John R. Parker, Jr. (257761) Cutter Law, PC 7 401 Watt Avenue Sacramento, California 95864 8 Telephone: (916) 290-9400 Facsimile: (916) 588-9350 9 10 Attorneys for Plaintiff 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 SAN MATEO COUNTY — UNLIMITED CIVIL JURISDICTION 13 14 DONNA MARIE MESCHI, an Case No. 16CIV02607 individual, VINCENT MESCHI, an 15 individual, on behalf of themselves and a class of similarly situated persons, and PLAINTIFF’S NOTICE OF MOTION AND 16 ROES 1-10. MOTION FOR CLASS CERTIFICATION 17 Date: July 7, 2022 Plaintiffs, Time: 9:00 a.m. 18 v. Judge: Dept. 22 19 MERCURY CASUALTY COMPANY, a 20 corporation, CALIFORNIA AUTOMOBILE INSURANCE 21 COMPANY, a corporation, MERCURY 22 INSURANCE SERVICES, LLC, a limited liability corporation, and DOES 3 23 through 10, 24 Defendants. 25 26 27 28 -1- NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 YOU ARE HEREBY NOTIFIED THAT on July 7, 2022, at 9:00 a.m. in San Mateo 3 County Superior Court, Plaintiff DONNA MARIE MESCHI, an individual, on behalf of herself 4 and a class of similarly situated persons will move the Court pursuant to Cal. Code Civ. Proc. 5 section 382 to certify the Classes described in the Third Amended Complaint as the Plaintiff 6 Classes, and to certify the Plaintiff named above as representative of the Plaintiff Classes and her 7 counsel of record as counsel for the Plaintiff Classes. The motion will be made on the grounds 8 that the members of the proposed Classes are so numerous it is impracticable to bring all 9 members of the proposed Classes before the Court; questions of law and fact common to the 10 members of the proposed Classes are substantially similar and predominate over questions 11 affecting the individual claimants; the claims of the representative Plaintiffs named above are 12 typical of the claims of the members of the proposed Classes; the representative Plaintiffs named 13 above will fairly and adequately protect the interests of the proposed Classes; and the class action 14 mechanism is the superior method for adjudicating the claims of the proposed Classes. 15 PLEASE TAKE NOTICE that pursuant to California Rule of Court No. 3.1308 and Local 16 Rule 3.403, parties satisfied with the tentative ruling need not appear at the scheduled hearing. 17 Parties intending to appear and contest the tentative ruling must notify both the Court and 18 opposing counsel of such intent by 4:00 p.m. on the first court date preceding the hearing date. 19 Tentative rulings on Law & Motion matters will continue to be posted by 3:00 p.m. the prior 20 court day and are posted on the Court's website. A party seeking to contest a tentative ruling now has the option of doing so - and is 21 encouraged to do so - by email, rather than by telephone. A party intending to appear in order to 22 contest the tentative rulings on a matter calendared for hearing in must notify the assigned Judge's 23 Department by 4:00 p.m. on the prior court day by emailing or by telephoning the Civil 24 Department of the Civil Judge assigned to that civil case. (Local Rule 3.403(b).) 25 Any email to the Court must be contemporaneously copied to all parties or their counsel 26 of record. (Local Rule 3.403(b).) Any email to the Court must be contemporaneously copied to 27 all parties or their counsel of record. (Local Rule 3.403 (b). Emails contesting the tentative ruling 28 must state the case name and number in the subject line. In the email the contesting party must -2- NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION 1 include the name of the motion, the party contesting, and the time estimate for oral arguments. 2 Emails must be in at least 12-point type. (Local Rule 3.403(b)(ii).) 3 4 Dated: April 15, 2022 CUTTER LAW PC 5 6 By: /s/ John R. Parker, Jr. John R. Parker, Jr. 7 C. Brooks Cutter Attorneys for Plaintiff 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION 1 PROOF OF SERVICE Meschi v. Mercury Casualty Company Superior Court of San Mateo County 2 Case No. 16CIV02607 3 I declare that I am over the age of 18 years and not a party to this action. My business address is 1939 Harrison Street, #500, Oakland, CA 94612. On April 15, 2022, I served the 4 following on the interested parties in this action: 5 PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION 6 DECLARATION OF DONNA MESCHI IN SUPPORT OF PLAINTIFF’S MOTION FOR CLASS CERTIFICATION 7 DECLARATION OF DYLAN SCHAFFER IN SUPPORT OF PLAINTIFF’S MOTION 8 FOR CLASS CERTIFICATION 9 DECLARATION OF JOHN R. PARKER, JR. IN SUPPORT OF PLAINTIFF’S MOTION FOR CLASS CERTIFICATION 10 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF’S MOTION FOR CLASS CERTIFICATION 11 12 Lora D. Hemphill John R. Parker, Jr. HAGER & DOWLING CUTTER LAW P.C. 13 319 E. Carrillo Street, Second Floor 401 Watt Avenue Santa Barbara, CA 93101 Sacramento, California 95864 14 Phone: (805) 966-4700 Telephone: (916) 290-9400 Fax: (805) 966-4120 Fascimile: (916) 588-9350 15 mail@hdlaw.com jparker@cutterlaw.com Attorneys for Defendants aellis@cutterlaw.com 16 Co-Counsel for Plaintiffs 17 18 ☐ MAIL: By placing such documents(s) in a sealed envelope, with postage prepaid for first class mail, for collection and mailing at Oakland California following ordinary business 19 practice for deposit with United States Postal Service. ☐ FAX: By causing to be transmitted the documents by use of fax machine telephone 20 number (510)228-0350 to the parties at the facsimile numbers listed on the service list above. The fax machine used complies with California Rule of Court 2.301. The transmission was 21 reported as complete and no error was reported by the machine. I caused the transmitting machine to print a record of the transmission, a copy of which is attached to this declaration. 22 ☒ E-MAIL: By electronic mail to the addresses noted above 23 ☐ FEDEX: By placing for overnight delivery such documents(s) in a facility or box that is regularly maintained by FedEx. 24 ☐ HAND DELIVERY: Caused to be hand delivered. -1- Proof of Service 1 I declare under penalty of perjury under the laws of the State of California and the United 2 States that the foregoing is true, and if called as a witness I could testify competently thereto. This declaration was executed on April 15, 2022, at Oakland, California. 3 4 5 Tiffany Chang 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -2- Proof of Service