On November 29, 2016 a
Stipulation,Agreement
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’
1s—cIv—02607
\
so
&
Stipulation
Order ;
mm:mummummmm
WEED
(_
LORA D. HEMPHILL (SBN 214654) cammmooom
KRISTINE N. ULRICH (SBN 310930)
HAGER & DOWLING FEB 2 0 .2020
Professional Corporation
319 East Carrillo Street Qlerk‘or
'
~
Coun-
-
Santa Barbara, California 93101
966- 4700
‘ §y_ l
‘
Fax: (805) 966- 4120
t
(805 WOLERK
mail hdlaw. com
\OOOQONUILUJNr—A
Attorneys for Defendants Mercury Casualty Company, California Automobile
Insurance Company and Mercury Insurance Serv1ces, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO / COMPLEX CIVIL LITIGATION
Donna Marie Meschi, an individual, CASE No. 16CIV0260'7
Vincent Meschi, an individual, on behalf of
themselves and a class of similarly situated STIPULATION T0 CONTINUE
persons, and Roes 1-10, DATE 0F MOTION TO STRIKE
AND DEMURRER; [PROPOSED]
Plaintiffs, ORDER
V. Date: March 19, 2020
Time: 1:30 p.m.
Mercury Casualty Company, a Place: 22
corporation, California Automobile
Insurance Company, a corporation, Assignedfor All Purposes to the Hon.
Mercury Insurance Services, LLC, a Danny Y Chou, Dept. 22
limited corporation and Does 3 through
NNNNNNNNNI—v—lr—Ar—‘p—Hr—ar—Ar—Ar—a
10,
Action Filed: November 29, 2016
Defendants. Trial Date: Not Set
Plaintiffs Donna Marie Meschi and Vincent Meschi ("Plaintiffs") and Defendants
Mercury Casualty Company, California Automobile Insmafice Company and Mercury
Insurance Services, LLC ("Defendants"), (hereinafter collectively "the Parties"), by and
through their counsel of record, hereby stipulate to the following:
'
WHEREAS, the hearing on any motion to strike and_ demurrer to the second amended
complaint is currently scheduled for March 19, 2020;
'WHEREAS, counsel for Plaintiffs has an early discovery deadline in a federal case,
Which necessitates out-of—staté travel, as well as a jury trial set for March, plaintiffs‘ counsel
is Without counsel to cover the hearing on March 19, 2020;
1
STIPULATION TO CONTINUE DATE OF MOTION TO STRIKE AND DEMURRER; [PROPOSED] ORDER
WHEREAS, Defendants intend to file a demurrer and motion t0 strike the second
amended complaint; .
WMAS, the Parties have agreed and request that this Court issue an order that
the present hearing date of March 19, 2020 be vacated and continued to either April 2,2020,
April 3, 2020, April 9,
KOOOQQU‘I-PUJNH
2020, or any date thereafter selected by the Court; and
WHEREAS, the Parties have agreed that the deadline for filing any demurrer or
motion to strike the second amended complaint, and any opposition and reply thereto shall
be governed by Code of Civil Procedure § 1005 based on the hearing date for the demurrer
or motion to strike.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and
between the Parties, through their respective counsel:
1. The demurrer and motion to strike hearing in this matter currently set for
March 19, 2020, in Department 22 of the above—entitled Court, be continued to April 2,
2020, April 3, 2020, April 9, 2020 or any date thereafter determined by the Court; and
2. The deadline for filing any demurrer or motion to strike the second amended
complaint, and any opposition and reply thereto shall be governed by Code of Civil
Procedure § 1005 based on the hearing date for the demurrer or motion to strike.
NNNNNNNNNHHHHHr—‘p—Ar—AHp—a
///
///
OOQONM-bWNHOKOWQQUl-PWNHO
///
///
///
///
///
///
///
///
///
2
STIPULATION TO CONTINUE DA'IE OF MOTION TO STRIKE AND DEMURRER; [PROPOSED] ORDER
This stipulation may be signed in counterparts, each counterpart having the same
force and effect as originals, and a pdf, electronic 01'facsimile signature shall be deemed to
have the same force as an original signature.
DATED: February fl, 2020
\DOOQQMAUONr—A
Company, California Automobile Insurance
Company and Mercury Insurance Services,
LLC
“DATED: Febmary)b( ,2020 KERLEY SCHAFFER LLP
'iBy:
DyMS chéffer
Nibliolas. Peterson
Attorneys for Plaintiffs
NNNNNNNNNHD—ti—An—AHp—Ap—AHHH
Ooflo‘xU‘I-AUJNHOOWQGM-hwwflo
3
‘
‘STIPULATION Tc CdNfiNUE DATE OF MOTION‘To‘siRHLE’AND'DEMURRER; [PROPOSED] ORDER
[PROPOSED] ORDER
GOOD CAUSE APPEARING IT IS ORDERED AS FOLLOWS:
1. Pursuant to the paflies’ stipulation, Defendants Mercury Casualty Company,
California Automobile Insurance Compafiy and Mercury Insurance Services,-
LLC’s demurrer and motion to strike hearing is hereby continued to
\DOOQGUl-PUJNH
‘3
6195 |
,2020, at ii30 ?.m-
2. The deadline for filing any demurrer 0r motion to strike the second amended
complaint, and any opposition and reply thereto shall be governed by Code 0f Civil
Procedure § 1005 based on the hearing date for the demurrer or motion to strike.
r—A
p—t
IT Is so ORDERED.
r—t
r—A
DATED: 2. 10 20w
r—A
HONORABLE DANNY Y CHOU
r—I
r—t
r—t
|—-V>—t
OOflQUI-DUJNHOKDOOQQUI-DUJNHO
[\J
[\J
N
N
N
[Q
N
N
N
4
STIPULATION To CONTINUE DATE 0F MOTION To STRIKE AND DEMURRER; [PROPOSED] ORDER