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
IAN FRASER-THOMSON
ROBERT GEI-IBARDT
(BAR NO. 73526)
[WIRED
l
(BAR NO. 48965)
CESARI, WERNER AND MORIARTY SAN MATEO oounw
75 Southgate Avenue
Daly City, CA 94015
Telephone: (650) 991-5126
SEP is 2017
Facsimile: (650) 99I~5134
il‘t@cwmlaw.com
rgebhardt@cwmlaw.com
6082-5M10
I
\ l I
Attorneys for Defendant,
MERCURY CASUALTY COMPANY
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OI? SAN MATEO
.till"mnmumummmm
UNLIMITED CIVIL 3URISDICTION
(16—CIV—02601
Motlon
;I
MOTc
DONNA MARIE MESCHI, an individual, No. l6CW02607
JUNIOR EDDY JOSEPH, an individual,
VINCENT ANDREW MESCHI, an NOTICE OF MOTION AND MOTION
individual, and CAROLE GIANI’ERMO, FOR JUDGMENT ON THE PLEADINGS
guardian ad litem for DOM INIQUE
CHESERE JOSEPH, an individual, on behalf ASSHGNED T0 HONORABLE JUDGE
ofthemselves and a 0135s of similarly situated ‘
SWOI’E, DEPARTMENT 23, FOR ALL
persons, PURPOSES
.
DATE FILED: November 29, 2016
TRIAL DATE: TBD
Plaintiffs,
VS. DATE: October 23, 20l7
TIME: TBD
MERCURY CASUALTY COMPANY, a DEPT: 23
corporation, ct 211., Bit,, FAX
Defendants,
TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY:
PLEASE TAKE NOTICE that on October 23, E017 at a time to be
determined or as soon thereafter as the matter may be heard in Department 23 of this Court,
defendant MERCURY CASUALTY COMPANY will moire pursuant to C.C.P. §438 for
judgment on the pleadings in favor of defendant as to the entire Complaint and each cauSe of
action therein.
-1-
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF’MOTION FOR JUDGMENT ON
THE PLEADINGS
This Motion is made on the ground that the Complaint fails to state a cause of’
Ix) action.
This Motion will be based upon this Notice, the attached Memorandum of
43)..)
Points and Authorities in Support the files and records in this action, and any further
U1 evidence and argument that the Court may receive at or before the hearing.
DATED: September 15, 2017 CESARL WERNER AND MORIARTY
\DOOKJO
By: {
I
<27 .
m
IAN FKA‘S’ER-THOMSON
ROBERT GEHBARDT
Attorneys For Defendant
MERCURY CASUALTY COMPANY
-2-
MEMORANDUM OF” POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR JUDGMENT ON
THE PLEADINGS
PROOF OF SERVICE
I am a resident ol‘the State of California. over the age of l 8 years, and not a
party to the
within action. My business address is CESAR]. WERNER AND MORIAR'I‘Y. 75 Southgate
Avenue, Daly City, California, 94015.
Ix.)
On September 15, 2017, I served the within document:
(1) NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS;
and .
(2) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF.
Cl by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 pm.
coaxed-swam
by transmitting via E-Mail the document(s) listed above to the E~Mail(s) set forth
below on this date before 5:00 pm.
‘
V4 by placing the document(s) listed above in a sealed envelope with postage prepaid,
in the United States mail Daly City. California addressed as follows.
by causing personal delivery by ,
ol’ the document(s) listed above to
El the person(s) at the address(es) set forth below. ‘
by personally delivering the document(s) listed above to the person(s) at the
El address(es) set forth below.
By electronic service via Lexis Nexis File & Serve. By sending electronically at
true and correct copy thereol’to Lexis Nexis File & Serve
E] (wmv.lexisncxis.com/liieandserve)
1
for service on all counsel ol’record by
electronic service.
J. Edward Kerley Honorable Judge Swope
Dylan L. Schafi‘er Department 23
Kerley Schai’fer LLP SAN MATEO COUNTY SUPERIOR
1939 Harrison Street, #500 COURT
Oakland. CA 94612 400 County Center
Telephone: (510) 379-580l ‘
Redxvood City, CA 94063
Facsimile: (510) 228-0350 (COURTESY COPY!
edward@kslaw.us
I am familiar with the iirm's practice of processing mail. Under that practice it would
be deposited with the US Postal Service on that day with postage thereon prepaid in the
ordinary course of business. I am aware that on motion of the party served, service is
presumed invalid if postal cancellation date/postage meter date is more than one day after
date of deposit for mailing in affidavit.
//
//
PROOF OF SERVICE
PROOF OF SERVICE
M Ideclare under penalty of perjury that the above is true and correct.
4:24.:
Executed on September 15. 2017, at Daly City, California.
,
U!
"MMWMW 16:5 MW
‘3‘”-
TERRIY; MATRANGA
PROOF OF SERVICE
Document Filed Date
September 15, 2017
Case Filing Date
November 29, 2016
Category
Complex Civil Unlimited Class Action
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
IAN FRASER-THOMSON ROBERT GEI-IBARDT (BAR NO. 73526) [WIRED l (BAR NO. 48965) CESARI, WERNER AND MORIARTY SAN MATEO oounw 75 Southgate Avenue Daly City, CA 94015 Telephone: (650) 991-5126 SEP is 2017 Facsimile: (650) 99I~5134 il‘t@cwmlaw.com rgebhardt@cwmlaw.com 6082-5M10 I \ l I Attorneys for Defendant, MERCURY CASUALTY COMPANY IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OI? SAN MATEO .till"mnmumummmm UNLIMITED CIVIL 3URISDICTION (16—CIV—02601 Motlon ;I MOTc DONNA MARIE MESCHI, an individual, No. l6CW02607 JUNIOR EDDY JOSEPH, an individual, VINCENT ANDREW MESCHI, an NOTICE OF MOTION AND MOTION individual, and CAROLE GIANI’ERMO, FOR JUDGMENT ON THE PLEADINGS guardian ad litem for DOM INIQUE CHESERE JOSEPH, an individual, on behalf ASSHGNED T0 HONORABLE JUDGE ofthemselves and a 0135s of similarly situated ‘ SWOI’E, DEPARTMENT 23, FOR ALL persons, PURPOSES . DATE FILED: November 29, 2016 TRIAL DATE: TBD Plaintiffs, VS. DATE: October 23, 20l7 TIME: TBD MERCURY CASUALTY COMPANY, a DEPT: 23 corporation, ct 211., Bit,, FAX Defendants, TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY: PLEASE TAKE NOTICE that on October 23, E017 at a time to be determined or as soon thereafter as the matter may be heard in Department 23 of this Court, defendant MERCURY CASUALTY COMPANY will moire pursuant to C.C.P. §438 for judgment on the pleadings in favor of defendant as to the entire Complaint and each cauSe of action therein. -1- MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF’MOTION FOR JUDGMENT ON THE PLEADINGS This Motion is made on the ground that the Complaint fails to state a cause of’ Ix) action. This Motion will be based upon this Notice, the attached Memorandum of 43)..) Points and Authorities in Support the files and records in this action, and any further U1 evidence and argument that the Court may receive at or before the hearing. DATED: September 15, 2017 CESARL WERNER AND MORIARTY \DOOKJO By: { I <27 . m IAN FKA‘S’ER-THOMSON ROBERT GEHBARDT Attorneys For Defendant MERCURY CASUALTY COMPANY -2- MEMORANDUM OF” POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS PROOF OF SERVICE I am a resident ol‘the State of California. over the age of l 8 years, and not a party to the within action. My business address is CESAR]. WERNER AND MORIAR'I‘Y. 75 Southgate Avenue, Daly City, California, 94015. Ix.) On September 15, 2017, I served the within document: (1) NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS; and . (2) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. Cl by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 pm. coaxed-swam by transmitting via E-Mail the document(s) listed above to the E~Mail(s) set forth below on this date before 5:00 pm. ‘ V4 by placing the document(s) listed above in a sealed envelope with postage prepaid, in the United States mail Daly City. California addressed as follows. by causing personal delivery by , ol’ the document(s) listed above to El the person(s) at the address(es) set forth below. ‘ by personally delivering the document(s) listed above to the person(s) at the El address(es) set forth below. By electronic service via Lexis Nexis File & Serve. By sending electronically at true and correct copy thereol’to Lexis Nexis File & Serve E] (wmv.lexisncxis.com/liieandserve) 1 for service on all counsel ol’record by electronic service. J. Edward Kerley Honorable Judge Swope Dylan L. Schafi‘er Department 23 Kerley Schai’fer LLP SAN MATEO COUNTY SUPERIOR 1939 Harrison Street, #500 COURT Oakland. CA 94612 400 County Center Telephone: (510) 379-580l ‘ Redxvood City, CA 94063 Facsimile: (510) 228-0350 (COURTESY COPY! edward@kslaw.us I am familiar with the iirm's practice of processing mail. Under that practice it would be deposited with the US Postal Service on that day with postage thereon prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date/postage meter date is more than one day after date of deposit for mailing in affidavit. // // PROOF OF SERVICE PROOF OF SERVICE M Ideclare under penalty of perjury that the above is true and correct. 4:24.: Executed on September 15. 2017, at Daly City, California. , U! "MMWMW 16:5 MW ‘3‘”- TERRIY; MATRANGA PROOF OF SERVICE