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
1939 Harrison Street, #500
3 Oakland, California 94612
Telephone: (510) 379-5801
4 Facsimile: (510) 228-0350
4/2/2021
5 John R. Parker, Jr. (257761)
Cutter Law, PC
6 401Watt Avenue
7 Sacramento, California 95864
Telephone: (916) 290-9400
8 Facsimile: (916) 588-9350
9 Attorneys for Plaintiff
10
11 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF SAN MATEO
13
14 DONNA MARIE MESCHI, VINCENT Case No. 16CIV02607
MESCHI, individuals, on behalf of
15 themselves and a class of similarly situated CLASS ACTION
persons, and ROES 1-10.
16 PLAINTIFFS’ NOTICE OF MOTION
Plaintiffs, AND MOTION FOR RELIEF FROM
17
CCP §583.310
18 v.
19 MERCURY CASUALTY COMPANY, a Date: May 20, 2021
corporation, CALIFORNIA Time: 9:00 a.m.
20 AUTOMOBILE INSURANCE Dept. 22
COMPANY, a corporation, MERCURY
21 INUSRANCE SERVICES, LLC., a limited
liability corporation, and DOES 3-10,
22
Defendants.
23 .
24
25
26
27
28
1
Notice of Motion and Motion for Relief from Operation of CCP §583.310
1 ALL PARTIES AND THEIR ATTORNEYS OF RECORD, TAKE NOTICE THAT:
2 On May 20, 2021 at 9:00 a.m., Plaintiff will move the Court for an order extending the
3 date for trial of this matter outside the five-year time frame required by CCP §583.310, and
4 granting relief from the operation of that statute, pursuant to the Court’s authority as described in
5 the Notice of Motion and Motion for Relief from CCP §583.340(b) and (c). The motion relies on
6 the accompanying memorandum of points and authorities, declaration of counsel and exhibits,
7 the complete court file in this case, and any argument or testimony provided at the hearing of this
8 motion.
9
10 Dated: April 2, 2021 KERLEY SCHAFFER
11
12 By: Dylan L. Schaffer
Attorneys for Plaintiffs
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Notice of Motion and Motion for Relief from Operation of CCP §583.310
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 2, 2021, I served the
4 following on the interested parties in this action:
5 PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR RELIEF FROM CCP
§583.310
6
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF’S
7 MOTION FOR RELIEF FROM CCP §583.310
8 [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FROM CCP §583.310
9 DECLARATION OF DYLAN SCHAFFER IN SUPPORT PLAINTIFF’S MOTION FOR
RELIEF FROM CCP §583.310
10
11
Lora D. Hemphill John R. Parker, Jr.
12 HAGER & DOWLING CUTTER LAW P.C.
319 E. Carrillo Street, Second Floor 401 Watt Avenue
13 Santa Barbara, CA 93101 Sacramento, California 95864
Phone: (805) 966-4700 Telephone: (916) 290-9400
14 Fax: (805) 966-4120 Fascimile: (916) 588-9350
mail@hdlaw.com jparker@cutterlaw.com
15 Attorneys for Defendants Co-Counsel for Plaintiffs
16
17 ☒ 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
18 practice for deposit with United States Postal Service.
☐ FAX: By causing to be transmitted the documents by use of fax machine telephone
19 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
20 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.
21 ☐ E-MAIL: By electronic mail to the addresses noted above
22 ☐ FEDEX: By placing for overnight delivery such documents(s) in a facility or box that is
regularly maintained by FedEx.
23 ☐ HAND DELIVERY: Caused to be hand delivered.
24
-1-
Proof of Service
1 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
2 declaration was executed on April 2, 2021, 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
Document Filed Date
April 02, 2021
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
1 J. Edward Kerley (175695) Dylan L. Schaffer (153612) 2 Kerley Schaffer LLP 1939 Harrison Street, #500 3 Oakland, California 94612 Telephone: (510) 379-5801 4 Facsimile: (510) 228-0350 4/2/2021 5 John R. Parker, Jr. (257761) Cutter Law, PC 6 401Watt Avenue 7 Sacramento, California 95864 Telephone: (916) 290-9400 8 Facsimile: (916) 588-9350 9 Attorneys for Plaintiff 10 11 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SAN MATEO 13 14 DONNA MARIE MESCHI, VINCENT Case No. 16CIV02607 MESCHI, individuals, on behalf of 15 themselves and a class of similarly situated CLASS ACTION persons, and ROES 1-10. 16 PLAINTIFFS’ NOTICE OF MOTION Plaintiffs, AND MOTION FOR RELIEF FROM 17 CCP §583.310 18 v. 19 MERCURY CASUALTY COMPANY, a Date: May 20, 2021 corporation, CALIFORNIA Time: 9:00 a.m. 20 AUTOMOBILE INSURANCE Dept. 22 COMPANY, a corporation, MERCURY 21 INUSRANCE SERVICES, LLC., a limited liability corporation, and DOES 3-10, 22 Defendants. 23 . 24 25 26 27 28 1 Notice of Motion and Motion for Relief from Operation of CCP §583.310 1 ALL PARTIES AND THEIR ATTORNEYS OF RECORD, TAKE NOTICE THAT: 2 On May 20, 2021 at 9:00 a.m., Plaintiff will move the Court for an order extending the 3 date for trial of this matter outside the five-year time frame required by CCP §583.310, and 4 granting relief from the operation of that statute, pursuant to the Court’s authority as described in 5 the Notice of Motion and Motion for Relief from CCP §583.340(b) and (c). The motion relies on 6 the accompanying memorandum of points and authorities, declaration of counsel and exhibits, 7 the complete court file in this case, and any argument or testimony provided at the hearing of this 8 motion. 9 10 Dated: April 2, 2021 KERLEY SCHAFFER 11 12 By: Dylan L. Schaffer Attorneys for Plaintiffs 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Notice of Motion and Motion for Relief from Operation of CCP §583.310 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 2, 2021, I served the 4 following on the interested parties in this action: 5 PLAINTIFFS’ NOTICE OF MOTION AND MOTION FOR RELIEF FROM CCP §583.310 6 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF’S 7 MOTION FOR RELIEF FROM CCP §583.310 8 [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FROM CCP §583.310 9 DECLARATION OF DYLAN SCHAFFER IN SUPPORT PLAINTIFF’S MOTION FOR RELIEF FROM CCP §583.310 10 11 Lora D. Hemphill John R. Parker, Jr. 12 HAGER & DOWLING CUTTER LAW P.C. 319 E. Carrillo Street, Second Floor 401 Watt Avenue 13 Santa Barbara, CA 93101 Sacramento, California 95864 Phone: (805) 966-4700 Telephone: (916) 290-9400 14 Fax: (805) 966-4120 Fascimile: (916) 588-9350 mail@hdlaw.com jparker@cutterlaw.com 15 Attorneys for Defendants Co-Counsel for Plaintiffs 16 17 ☒ 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 18 practice for deposit with United States Postal Service. ☐ FAX: By causing to be transmitted the documents by use of fax machine telephone 19 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 20 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. 21 ☐ E-MAIL: By electronic mail to the addresses noted above 22 ☐ FEDEX: By placing for overnight delivery such documents(s) in a facility or box that is regularly maintained by FedEx. 23 ☐ HAND DELIVERY: Caused to be hand delivered. 24 -1- Proof of Service 1 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 2 declaration was executed on April 2, 2021, 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