This case was last updated from San Mateo County Superior Courts on 08/07/2019 at 13:29:39 (UTC).

MARK ENCARNACION vs. STACY SHEPPARD, et al

Case Summary

On 01/16/2018 MARK ENCARNACION filed a Personal Injury - Motor Vehicle lawsuit against STACY SHEPPARD. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The Judges overseeing this case are Foiles, Robert D, Grandsaert, John L., Buchwald, Gerald J., Karesh, Jonathan E. and Fineman, Nancy L.. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ********0224

  • Filing Date:

    01/16/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

Judge Details

Judges

Foiles, Robert D

Grandsaert, John L.

Buchwald, Gerald J.

Karesh, Jonathan E.

Fineman, Nancy L.

 

Party Details

Plaintiff

ENCARNACION, MARK

Defendants

DOES 1 TO 25

SAN MATEO COUNTY TRANSIT DISTRICT

SHEPPARD, STACY

Attorney/Law Firm Details

Plaintiff Attorney

RICHARDSON, GAIL W, ESQ

Defendant Attorneys

ALLEN, DALE L, JR

SMITH, KEVIN D.

 

Court Documents

Notice of Mandatory Settlement Conference and Jury Trial.

Notice of Mandatory Settlement Conference and Jury Trial

Case Management Statement.

Case Management Statement

Case Management Statement.

Case Management Statement

Proof of Service by MAIL of.

Proof of Service by MAIL of MINUTE ORDER FROM CASE MANAGEMENT CONFERENCE HELD 5/16/18 Comment MINUTE ORDER FROM CASE MANAGEMENT CONFERENCE HELD 5/16/18

Case Management Statement.

Case Management Statement

Answer (Unlimited).

Answer (Unlimited) Answer TO COMPLAINT Comment Answer TO COMPLAINT

Case Management Statement.

Case Management Statement

Proof of Service by PERSONAL SERVICE of.

Proof of Service by PERSONAL SERVICE of SUMMONS COMPLAINT, CIVIL CASE COVER SHEET, NOTICE OF CMC, Comment SUMMONS, COMPLAINT, CIVIL CASE COVER SHEET, NOTICE OF CMC,

Proof of Service on CORPORATION LLC, etc..

Proof of Service on CORPORATION LLC, etc. SUMMONS, COMPLAINT, CIVIL CASE COVER SHEET, NOTICE OF CMC Comment SUMMONS, COMPLAINT, CIVIL CASE COVER SHEET, NOTICE OF CMC, SERVED MARSHALL RUSH - AUTHORIZED TO ACCEPT/C,AILS ADMINISTRATOR

Stipulation and Order to ADR.

Stipulation and Order to ADR Judicial Officer Buchwald Gerald J.

Case Management Conference.

*CIV Minute Order - Case Management Conference 07/18/2018 Judicial Officer Grandsaert John L. Hearing Time 9:00 AM Result Held

Case Management Conference.

*CIV Minute Order - Case Management Conference Judicial Officer Foiles Robert D Hearing Time 9:00 AM Result Held Parties Present DefendantAttorney: ALLEN, DALE L, JR

Case Management Statement.

Case Management Statement

Answer (Unlimited).

Answer (Unlimited) Answer TO COMPLAINT Comment Answer TO COMPLAINT

Notice of Case Management Conference.

Notice of Case Management Conference

Summons Issued / Filed.

Summons Issued / Filed

Civil Case Cover Sheet.

Civil Case Cover Sheet

Complaint.

Complaint

7 More Documents Available

 

Docket Entries

  • 01/24/2019
  • Disposition: Judgment; Judgment Type; Dismissal - With Prejudice; Party; Names: ENCARNACION MARK; SHEPPARD, STACY; SAN MATEO COUNTY TRANSIT DISTRICT; DOES 1 TO 25.

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  • 06/03/2019
  • Jury Trial. Additional Info: Judicial Officer Karesh Jonathan E. Hearing Time 9:00 AM Cancel Reason Request for Dismissal Comment JURY TRIAL TIME ESTIMATE 5 DAYS

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  • 05/20/2019
  • Mandatory Settlement Conference. Additional Info: Judicial Officer Fineman Nancy L. Hearing Time 1:30 PM Cancel Reason Request for Dismissal

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  • 01/24/2019
  • View Court Documents
  • Request For Dismissal. Additional Info: Request For Dismissal With Prejudice ENTIRE ACTION Comment With Prejudice ENTIRE ACTION

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  • 01/16/2019
  • ADR Mediation Scheduled.

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  • 01/10/2019
  • ADR Evaluation Notice Sent.

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  • 08/15/2018
  • View Court Documents
  • Stipulation and Order to ADR. Additional Info: Stipulation and Order to ADR Judicial Officer Buchwald Gerald J.

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  • 08/08/2018
  • Stipulation and Proposed Order received & forwarded to Dept. Additional Info: Comment 10 STIP TO ADR

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  • 08/08/2018
  • ADR Stipulation and Order Due in Clerk's Office.

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  • 07/18/2018
  • View Court Documents
  • Notice of Mandatory Settlement Conference and Jury Trial. Additional Info: Notice of Mandatory Settlement Conference and Jury Trial

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21 More Docket Entries
  • 03/07/2018
  • Financial info for SAN MATEO COUNTY TRANSIT DISTRICT : Transaction Assessment $435.00

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  • 03/07/2018
  • Financial info for SAN MATEO COUNTY TRANSIT DISTRICT : Case Payment Receipt # 2018-015963-HOJ OAKLAND SERVICE OF PROCESS, INC. $150.00

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  • 03/07/2018
  • Financial info for SAN MATEO COUNTY TRANSIT DISTRICT : Transaction Assessment $150.00

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  • 03/07/2018
  • Financial: SAN MATEO COUNTY TRANSIT DISTRICT; Total Financial Assessment $585.00; Total Payments and Credits $585.00

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  • 05/31/2018
  • Financial info for SHEPPARD, STACY : Case Payment Receipt # 2018-037134-HOJ OAKLAND SERVICE OF PROCESS, INC. $435.00

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  • 05/31/2018
  • Financial info for SHEPPARD, STACY : Transaction Assessment $435.00

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  • 05/31/2018
  • Financial: SHEPPARD, STACY; Total Financial Assessment $435.00; Total Payments and Credits $435.00

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  • 01/16/2018
  • Financial info for ENCARNACION, MARK : Case Payment Receipt # 2018-002729-HOJ RICHARDSON, GAIL W, ESQ $435.00

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  • 01/16/2018
  • Financial info for ENCARNACION, MARK : Transaction Assessment $435.00

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  • 01/16/2018
  • Financial: ENCARNACION, MARK; Total Financial Assessment $435.00; Total Payments and Credits $435.00

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Complaint Information

WOOD, SMITH, HENNING & BERMAN LLP

Attomeys at Law 1401 WILLOW PASS ROAD, SUITE 700 CONCORD, CALIFORNIA 84520-7982 TELEPHONE 926 222 3400 ¢ Fax 925 356 8250

Sitel®

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR COUNTY OF SAN MATEO

MARK ENCARNACION, Case No. 18CIV00224

Plaintiff, STACY SHEPPARD'S ANSWER TO

COMPLAINT —

V. ,”

The Hon. Robert Foiles, Dept. 11

STACY SHEPPARD, SAN MATEO o COUNTY SRASNIT DISTRICT; and DOES Action Filed: January 16, 2018 1 to 25,

Trial Date; None Set . Defendants. ~

Defendant STACY SHEPPARD ("Defendant") hereby files this Answer to the Complaint ("Complaint") filed herein by Plaintiff MARK ENCARNACION ("Plaintiff"). Defendant hereby answers, denies, and alleges as follows:

GENERAL DENIAL

By virtue of the provisions of Code of Civil Procedure section 431.30, Defendant, on information and belief, denies each and every allegation contained in the Complaint, and each

purported claim and cause of action contained therein, and further denies that Plaintiff sustained

{| damage in the sums alleged, or in any sum, or at all, by reason of any act, breach, or omission on

the part of Defendant or on the part of any of its employees, agents, or anyone else acting on

behalf of Defendant. /18—— CTU _—0 0*224—'— ——= =

ARDU

/1] | Answer (Unlimited)

O© 00 ~3 O W

AFFIRMATIVE DEFENSES

By pleading the following defenses, Defendant intends to preserve them for the duration of this case, regardless of which party will ultimately bear the burden of proof. The mere fact a defense is included below does not constitute a concession or admission by Defendant that he bears the burden of proof on said defense, or that the defense meets the definition of "affirmative defense" used in Code of Civil Procedure, section 437c, subdivision (f)(1).

FIRST AFFIRMATIVE DEFENSE

(Failure to State a Cause of Action) 1. On information and belief, Defendant alleges that the Complaint fails to state facts sufficient to constitute a cause of action upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE

(Vague, Ambiguous, and Uncertain Claims) 2. On information and belief, Defendant alleges that the Complaint 1s vague, ambiguous, and uncertain, so as to deprive fair notiée of the allegations. |

THIRD AFFIRMATIVE DEFENSE

(Comparative Fault)

3. On information and belief, Defendant alleges that the clairfls asserted herein are barred, in whole or in part, due to Plaintiff's own acts and/or omissions that contributed to the alleged injuries and/or other damages. Therefore, in the event a finding is made that any legal fault or blame exists on the part of Defendant that proximately contributed to the damages alleged herein, Plaintiff's recovery, if any, should be reduced on the basis of comparative fault.

FOURTH AFFIRMATIVE DEFENSE

(Wrong of Another and Right to Apportionment)

4. On information and belief, Defendant al}eges that the damages sought in the Complaint were caused, in whole or in part, by the acts, errors, or omissions of others, for whose conduct Defendant is not responsible, resulting in no liability to Defendant, or, at a-minimum, Defendant is entitled to apportionment of fault in accordance with applicable law including,

without limitation, Civil Code, section 1431.2.

LEGAL:10640-0419/9280567.1 -

LEGAL:10640-0419/9280567.1 - WOOD, SMITH, HENNING & BERMAN LLP

WOOD, SMITH, HENNING & BERMAN LLP

Attomeys at Law 1401 WILLOW PASS ROAD, SUITE 700 CONCORD, CALIFORNIA 94520-7982

TELEPHMONE 925 222 3400 « rAx 925 356 8250

NN N B

FIFTH AFFIRMATIVE DEFENSE

(Failure to Mitigate)

5. On information and belief, Defendant alleges that Plaintiff, while knowing of the alleged claims and damages alleged, failed to mitigate damages and/or increased damages, and any recovery should be reduced accordingly.

SIXTH AFFIRMATIVE DEFENSE

(Alternate Causes)

6. On information and belief, Defendant alleges that the claims in the Complaint are

barred or limited by superseding, intervening, and/or independent causes, actions, omissions,

and/or circumstances of other persons and/or forces, over which Defendant had no control or legal

responsibility.

SEVENTH AFFIRMATIVE DEFENSE

(Impossibility/Lack of Notice) 7. On information and belief, Defendant alleges that any obligations allegedly

breached were excused as a result of the impracticability and/or impossibility of preventing the alleged damages, whether as a result of a lack of notice, unavoidable conditions, acts of nature, and/or other sources or conditions outside the control and/or knowledge of Defendants.

EIGHTH AFFIRMATIVE DEFENSE

(Offset)

8. On information and belief, Defendant alleges the right to an offset, to the extent

permitted by law, as a result of any recovery made for the same damages claimed in this action.

NINTH AFFIRMATIVE DEFENSE

(Assumption of the Risk)

9. On information and belief, Defendant alleges that Plaintiff legally assumed the risk of sustaining the damages alleged in the Complaint, and that any recovery should be reduced or eliminated accordingly. |

PROOF OF SERVICE

I am emploved in the County of Contra Costa, State of California. I am over the age of eighteen years and not a party to the within action. My business address is 1401 Willow Pass Road, Suite 700, Concord, CA 94520-7982.

On May 31, 2018, I served the following document(s) described as STACY SHEPPARD'S ANSWER TO COMPLAINT on the interested parties in this action as follows:

Gail W. Richardson Dale L. Allen Law Offices of John C. Ye Kevin P. Allen 3030 W. 6th St. Allen, Glaessner, Hazelwood & Werth Los Angeles, CA 90020-1506 180 Montgomery St. Tel: (213) 427-2826 / Fax: (213) 427-2825 Suite 1200 Email: grichardson@johnyelaw.com San Francisco, CA 94104 Attorneys for Plaintiff MARK Tel: (415) 697-2000 — Fax: (415) 813-2045 ENCARNACION Email: dallen@aghwlaw.com kallen@aghwlaw.com Attorneys for Defendant SAN MATEQO

COUNTY TRANSIT DISTRICT

BY MAIL: I placed true copies of the foregoing document(s) enclosed in sealed envelopes addressed as shown on the Service List. [ am “readily familiar” with Wood, Smith, Henning & Berman’s practice for collecting and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the United States - Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for collection and mailing with postage thereon fully prepaid at Concord, California, on that same day following ordinary business practices.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on May 31, 2018, at Concord, California.

Roberta D. Kreft ( )

LEGAL:10640-0419/9280567.1 5.