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 Nicholas J. Peterson (287902)
Kerley Schaffer LLP
3 1939 Harrison Street, #900
Oakland, California 94612
4 Telephone: (510) 379-5801
Facsimile: (510) 228-0350
5
6 John R. Parker, Jr. (257761)
Cutter Law P.C.
7 401 Watt Avenue
Sacramento, California 95864
8 Telephone: (916) 290-9400
Facsimile: (916) 588-9350
9
Attorneys for Plaintiffs
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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SAN MATEO COUNTY — UNLIMITED CIVIL JURISDICTION
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DONNA MARIE MESCHI, an individual, Case No. 16CIV02607
16 VINCENT MESCHI, an individual, on
behalf of themselves and a class of similarly NOTICE OF MOTION AND MOTION
17
situated persons, and ROES 1-10. FOR BIFURCATION OF TRIAL
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Plaintiffs, Date: October 12, 2023
19 Time: 10:00 a.m.
v. Judge: Hon. Susan Greenberg
20 Dept: 3
MERCURY CASUALTY COMPANY, a Ctrm: 2B
21 corporation, and DOES 3 through 10,
22 Defendants. Concurrently-submitted documents:
1. MPA ISO Motion for Bifurcation
23 2. Declaration of Nicholas J. Peterson
24 3. Proposed Order
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Notice of Motion and Motion for Bifurcation
1 To the Clerk of the Court, the Parties and Their Counsel of Record:
2 Please take notice that, on the above date and time, Plaintiff Donna Marie Meschi will
3 and hereby do moves this Court to bifurcate the declaratory relief actions and unfair competition
4 actions (First, Second, Third, Sixth, Seventh and Eighth Causes of Action) from the remaining
5 bad faith action (Ninth Cause of Action) in Plaintiffs’ Third Amended Complaint.
6 The motion to bifurcate is made pursuant to Code of Civil Procedure §§592, 598 and
7 1048(b) to allow an early bench trial and court determination of the issues of law, apart from the
8 jury trial involving issues of fact. This motion is sought on the grounds that early determination
9 of the declaratory relief and unfair competition actions are (1) necessary and (2) will promote the
10 ends of justice and the efficiency and economy of the court because the issues involved there
11 may be determined purely as a matter of law based on facts that are subject to the Court’s
12 judicial notice. They therefore need not await presentation of evidence on potentially disputed
13 facts, risking confusion and any waste of resources for the Court, parties, witnesses or jury.
14 Plaintiff will request that the Court:
15 1. Bifurcate trial for a first phase Court trial on causes of action 1-3 and 6-8;
16 2. Order the parties to meet and confer and set a deadline for submission of
17 stipulated and disputed facts, deposition testimony, and stipulated/disputed exhibits; and
18 3. Set a trial date and/or briefing schedule for the bench trial, whether on briefing
19 and declarations, or for a live trial.
20 This motion is based on this notice, the attached memorandum of points and authorities,
21 the declaration filed concurrently herewith, the pleadings and papers on file with the Court, and
22 any argument presented at hearing.
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Date: August 31, 2023 Kerley Schaffer LLP
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26 Nicholas J. Peterson
Attorneys for Plaintiffs
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Notice of Motion and Motion for Bifurcation
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, #900, Oakland, CA 94612. On August 31, 2023, I served the
4 following on the interested parties in this action:
5 NOTICE OF MOTION AND MOTION FOR BIFURCATION OF TRIAL
6 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR
BIFURCATION OF TRIAL
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DECLARATION OF NICHOLAS J. PETERSON IN SUPPORT OF MOTION FOR
8 BIFURCATION OF TRIAL
9 [PROPOSED] ORDER RE MOTION FOR BIFURCATION OF TRIAL
10 Lora D. Hemphill John R. Parker, Jr.
HAGER & DOWLING CUTTER LAW P.C.
11 319 E. Carrillo Street, Second Floor 401Watt Avenue
Santa Barbara, CA 93101 Sacramento, California 95864
12 Phone: (805) 966-4700 Telephone: (916) 290-9400
Fax: (805) 966-4120 Fax: (916) 588-9350
13 mail@hdlaw.com jparker@cutterlaw.com
Attorneys for Defendants aellis@cutterlaw.com
14 tsimmons@cutterlaw.com
ebell@cutterlaw.com
15 Co-Counsel for Plaintiffs
Spencer Y. Kook
16 HINSHAW & CULBERTSON LLP
350 South Grand Ave., Ste 3600
17 Los Angeles, CA 90071-3476
Tel. (213) 614-7359
18 Fax (213) 614-7399
skook@hinshawlaw.com
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21 ☐ 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
22 practice for deposit with United States Postal Service.
☐ FAX: By causing to be transmitted the documents by use of fax machine telephone
23 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
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Proof of Service
1 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.
2 ☒ E-MAIL: By electronic mail to the addresses noted above
3 ☐ FEDEX: By placing for overnight delivery such documents(s) in a facility or box that is
regularly maintained by FedEx.
4 ☐ HAND DELIVERY: Caused to be hand delivered.
5 I declare under penalty of perjury under the laws of the State of California and the United
States that the foregoing is true, and if called as a witness I could testify competently thereto. This
6 declaration was executed on August 31, 2023, at Oakland, California.
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9 Noah Perry
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Proof of Service
Preview
1 J. Edward Kerley (175695) Dylan L. Schaffer (153612) 2 Nicholas J. Peterson (287902) Kerley Schaffer LLP 3 1939 Harrison Street, #900 Oakland, California 94612 4 Telephone: (510) 379-5801 Facsimile: (510) 228-0350 5 6 John R. Parker, Jr. (257761) Cutter Law P.C. 7 401 Watt Avenue Sacramento, California 95864 8 Telephone: (916) 290-9400 Facsimile: (916) 588-9350 9 Attorneys for Plaintiffs 10 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 SAN MATEO COUNTY — UNLIMITED CIVIL JURISDICTION 14 15 DONNA MARIE MESCHI, an individual, Case No. 16CIV02607 16 VINCENT MESCHI, an individual, on behalf of themselves and a class of similarly NOTICE OF MOTION AND MOTION 17 situated persons, and ROES 1-10. FOR BIFURCATION OF TRIAL 18 Plaintiffs, Date: October 12, 2023 19 Time: 10:00 a.m. v. Judge: Hon. Susan Greenberg 20 Dept: 3 MERCURY CASUALTY COMPANY, a Ctrm: 2B 21 corporation, and DOES 3 through 10, 22 Defendants. Concurrently-submitted documents: 1. MPA ISO Motion for Bifurcation 23 2. Declaration of Nicholas J. Peterson 24 3. Proposed Order 25 26 27 28 --1-- Notice of Motion and Motion for Bifurcation 1 To the Clerk of the Court, the Parties and Their Counsel of Record: 2 Please take notice that, on the above date and time, Plaintiff Donna Marie Meschi will 3 and hereby do moves this Court to bifurcate the declaratory relief actions and unfair competition 4 actions (First, Second, Third, Sixth, Seventh and Eighth Causes of Action) from the remaining 5 bad faith action (Ninth Cause of Action) in Plaintiffs’ Third Amended Complaint. 6 The motion to bifurcate is made pursuant to Code of Civil Procedure §§592, 598 and 7 1048(b) to allow an early bench trial and court determination of the issues of law, apart from the 8 jury trial involving issues of fact. This motion is sought on the grounds that early determination 9 of the declaratory relief and unfair competition actions are (1) necessary and (2) will promote the 10 ends of justice and the efficiency and economy of the court because the issues involved there 11 may be determined purely as a matter of law based on facts that are subject to the Court’s 12 judicial notice. They therefore need not await presentation of evidence on potentially disputed 13 facts, risking confusion and any waste of resources for the Court, parties, witnesses or jury. 14 Plaintiff will request that the Court: 15 1. Bifurcate trial for a first phase Court trial on causes of action 1-3 and 6-8; 16 2. Order the parties to meet and confer and set a deadline for submission of 17 stipulated and disputed facts, deposition testimony, and stipulated/disputed exhibits; and 18 3. Set a trial date and/or briefing schedule for the bench trial, whether on briefing 19 and declarations, or for a live trial. 20 This motion is based on this notice, the attached memorandum of points and authorities, 21 the declaration filed concurrently herewith, the pleadings and papers on file with the Court, and 22 any argument presented at hearing. 23 Date: August 31, 2023 Kerley Schaffer LLP 24 25 26 Nicholas J. Peterson Attorneys for Plaintiffs 27 28 -1- Notice of Motion and Motion for Bifurcation 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, #900, Oakland, CA 94612. On August 31, 2023, I served the 4 following on the interested parties in this action: 5 NOTICE OF MOTION AND MOTION FOR BIFURCATION OF TRIAL 6 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR BIFURCATION OF TRIAL 7 DECLARATION OF NICHOLAS J. PETERSON IN SUPPORT OF MOTION FOR 8 BIFURCATION OF TRIAL 9 [PROPOSED] ORDER RE MOTION FOR BIFURCATION OF TRIAL 10 Lora D. Hemphill John R. Parker, Jr. HAGER & DOWLING CUTTER LAW P.C. 11 319 E. Carrillo Street, Second Floor 401Watt Avenue Santa Barbara, CA 93101 Sacramento, California 95864 12 Phone: (805) 966-4700 Telephone: (916) 290-9400 Fax: (805) 966-4120 Fax: (916) 588-9350 13 mail@hdlaw.com jparker@cutterlaw.com Attorneys for Defendants aellis@cutterlaw.com 14 tsimmons@cutterlaw.com ebell@cutterlaw.com 15 Co-Counsel for Plaintiffs Spencer Y. Kook 16 HINSHAW & CULBERTSON LLP 350 South Grand Ave., Ste 3600 17 Los Angeles, CA 90071-3476 Tel. (213) 614-7359 18 Fax (213) 614-7399 skook@hinshawlaw.com 19 20 21 ☐ 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 22 practice for deposit with United States Postal Service. ☐ FAX: By causing to be transmitted the documents by use of fax machine telephone 23 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 24 -1- Proof of Service 1 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. 2 ☒ E-MAIL: By electronic mail to the addresses noted above 3 ☐ FEDEX: By placing for overnight delivery such documents(s) in a facility or box that is regularly maintained by FedEx. 4 ☐ HAND DELIVERY: Caused to be hand delivered. 5 I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true, and if called as a witness I could testify competently thereto. This 6 declaration was executed on August 31, 2023, at Oakland, California. 7 8 9 Noah Perry 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -2- Proof of Service