This case was last updated from San Mateo County Superior Courts on 06/17/2022 at 20:47:56 (UTC).

MAYRA MONTES,ETAL VS CHARLES A.EVANS II,ETAL

Case Summary

On 06/21/2012 MAYRA MONTES,ETAL filed a Personal Injury - Motor Vehicle lawsuit against CHARLES A EVANS II,ETAL. 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 Scott, Joseph C, Scott, Joseph C., Grandsaert, John L, JOSEPH C. SCOTT and FOILES. The case status is Disposed - Dismissed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****4757

  • Filing Date:

    06/21/2012

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    San Mateo, California

Judge Details

Judges

Scott, Joseph C

Scott, Joseph C.

Grandsaert, John L

JOSEPH C. SCOTT

FOILES

 

Party Details

Plaintiffs

VILLALOBO, POLLINE

MONTES, MAYRA

Defendants

BMW OF MOUNTAIN VIEW

EVANS,II, CHARLES ALLEN

Attorney/Law Firm Details

Plaintiff Attorney

ADAMS, MICHAEL E.

Defendant Attorney

DAVIS, BRIAN R

 

Court Documents

Conversion Action.

NOTICE (2) Comment PNTWO: PRINT COMBINED MANDATORY SETTLEMENT CONFERENCE AND JURY TRIAL OR COURT TRIAL NOTICE

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Request for Dismissal of - WITH prejudice in its entirety.

DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

Answer / Response / Denial - Unlimited.

ANSWER Comment ANS: (S) ANSWER TO COMPLAINT OF MONTES FILED BY CHARLES ALLEN EVANSII, REPRESENTED BY BRIAN R DAVIS

Order.

ORDER Comment O: ORDER CONTINUING TRIAL SIGNED BY JUDGE FOILES ON 03/19/13, FILED.

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Ex Parte.

APPLICATION Comment EPA: EX-PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCE FILED BY CHARLES ALLEN EVANSII

Complaint.

COMPLAINT Comment COM: (S) COMPLAINT FILED

Document.

FILING Comment FILED: NOTICE OF OSC HEARING FOR FAILURE TO FILE STIPULATION AND ORDER TO ADR FILED.

Request for Dismissal of - WITH prejudice in its entirety.

REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED. Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

Notice of Change of Address of Attorney.

NOTICE OF CHANGE OF ADDRESS OF ATTORNEY BRIAN R DAVIS FILED Comment NCAI: NOTICE OF CHANGE OF ADDRESS OF ATTORNEY BRIAN R DAVIS FILED

Conversion Action.

PRINT COMBINED MANDATORY SETTLEMENT CONFERENCE AND JURY TRIAL OR COURT TRIAL NOTICE Comment PNTWO: PRINT COMBINED MANDATORY SETTLEMENT CONFERENCE AND JURY TRIAL OR COURT TRIAL NOTICE

Order.

ORDER CONTINUING TRIAL SIGNED BY JUDGE FOILES ON 03/19/13, FILED. Comment O: ORDER CONTINUING TRIAL, SIGNED BY JUDGE FOILES ON 03/19/13, FILED.

Declaration.

DECLARATION OF BRIAN R. DAVIS IN SUPPORT OF EX PARTE APPLICATION FOR TRIAL CONTINUANCE Comment DEC: DECLARATION OF BRIAN R. DAVIS IN SUPPORT OF EX PARTE APPLICATION FOR TRIAL CONTINUANCE

Ex Parte.

EX-PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCE FILED BY CHARLES ALLEN EVANSII Comment EPA: EX-PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCE FILED BY CHARLES ALLEN EVANS,II

Stipulation and Order to ADR.

STIP AND ORDER TO ADR SIGNED BY STEVEN L. DYLINA ON 03/15/13 Comment SOADR: STIP AND ORDER TO ADR SIGNED BY STEVEN L. DYLINA ON 03/15/13

Document.

NOTICE OF OSC HEARING FOR FAILURE TO FILE STIPULATION AND ORDER TO ADR FILED. Comment FILED: NOTICE OF OSC HEARING FOR FAILURE TO FILE STIPULATION AND ORDER TO ADR, FILED.

Conversion Action.

PRINT COMBINED MANDATORY SETTLEMENT CONFERENCE AND JURY TRIAL OR COURT TRIAL NOTICE Comment PNTWO: PRINT COMBINED MANDATORY SETTLEMENT CONFERENCE AND JURY TRIAL OR COURT TRIAL NOTICE

20 More Documents Available

 

Docket Entries

  • 09/23/2013
  • DocketConversion Hearing.; Additional Info: Comment JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.

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  • 09/23/2013
  • DocketJury Trial.; Additional Info: Hearing Time 9:00 AM Cancel Reason Vacated Comment Dept: PJ JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.

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  • 09/06/2013
  • DocketConversion Hearing.; Additional Info: Comment MANDATORY SETTLEMENT CONFERENCE

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  • 09/06/2013
  • DocketSettlement Conference.; Additional Info: Hearing Time 01:30 PM Cancel Reason Vacated Comment Dept: 7 MANDATORY SETTLEMENT CONFERENCE

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  • 06/21/2013
  • DispositionDisposition: Judgment; Judgment Type: Dismissal - Other Dismissal; Party; Name; EVANS,II, CHARLES ALLEN; Comment: 0001 COMPLAINT; Party; Name; VILLALOBO, POLLINE; Comment: 0001 COMPLAINT; Party; Name; MONTES, MAYRA; Comment: 0001 COMPLAINT

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  • 06/21/2013
  • View Court Documents
  • DocketRequest for Dismissal of - WITH prejudice in its entirety.; Additional Info: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED. Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

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  • 06/03/2013
  • DocketConversion Minute.; Additional Info: Comment HCONT: HEARING CONTINUED TO 09/23/13 AT 09:00 IN DEPARTMENT PJ.

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  • 06/03/2013
  • DocketConversion Hearing.; Additional Info: Comment JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.

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  • 06/03/2013
  • DocketJury Trial.; Additional Info: Original Type Jury Trial Hearing Time 9:00 AM Result Conversion Continuance Comment Dept: PJ JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.

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  • 05/15/2013
  • DocketConversion Minute.; Additional Info: Comment HCONT: HEARING CONTINUED TO 09/06/13 AT 01:30 IN DEPARTMENT 7.

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44 More Docket Entries
  • 10/05/2012
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  • DocketAnswer (Unlimited).; Additional Info: (S) ANSWER TO COMPLAINT OF MONTES FILED BY CHARLES ALLEN EVANSII, REPRESENTED BY BRIAN R DAVIS Comment ANS: (S) ANSWER TO COMPLAINT OF MONTES FILED BY CHARLES ALLEN EVANS,II, REPRESENTED BY BRIAN R DAVIS

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  • 06/26/2012
  • FinancialFinancial info for MONTES, MAYRA; Case Payment Receipt # 201206260437 MONTES, MAYRA $395.00

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  • 06/26/2012
  • FinancialFinancial info for MONTES, MAYRA; Transaction Assessment $395.00

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  • 06/26/2012
  • FinancialFinancial; MONTES, MAYRA; Total Financial Assessment $395.00; Total Payments and Credits $395.00

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  • 06/21/2012
  • DocketCause Of Action.; Additional Info: Action Complaint File Date 06/21/2012

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  • 06/21/2012
  • DocketNew Filed Case.

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  • 06/21/2012
  • View Court Documents
  • DocketSummons Issued / Filed.; Additional Info: 30 DAY SUMMONS ISSUED AND FILED. Comment S30IF: 30 DAY SUMMONS, ISSUED AND FILED.

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  • 06/21/2012
  • View Court Documents
  • DocketCivil Case Cover Sheet.; Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 06/21/2012
  • DocketConversion Minute.; Additional Info: Comment *FEE: 120626-0437-CK 166/ 395.00 PAYMT

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  • 06/21/2012
  • View Court Documents
  • DocketComplaint.; Additional Info: (S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED

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Complaint Information

18/84/2012 17:19 415979t BOGAARDSDAVIS PAGE ©02/86

BRIAN R. DAVIS (160817)

MELISSA O'CONNOR (251932) FILED BOGAARDS DAVIS LLP SAN MATEO COUNTY

601 MontgomegalStreet, Suite 1210 San Francisco, California 94111-2616 OCT - 5 T. 415.979.0480 . o 2012 F. 415.979.0482 Q(V) Attorneys for Defendant

CHARLES ALLEN EVANS II SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEOQ UNLIMITED CIVIL JURISDICTION

MAYRA MONTES and POLLINE ) ‘ VILLALOBO, | CaseNo: CIV514757 o ) Plaintiffs, ) DEFENDANT CHARLES ALLEN EVANS v ; II’'S ANSWERTO COMPLAINT ) CHARLES ALLEN EVANS II, BMW ) OF MOUNTAIN VIEW, and ) DOES 1 to 20, ) e

) BY FAX

Defendants, )

COMES NOW defendant, CHARLES ALLEN EVANS II, answering the Complaint on file herein, admits, denies and alleges as follows:

In answer to the unverified Complaint on file herein, and by virtue of the provisions of Code of Civil Procedure Section 431.30, defendant denijes generally and specifically each and every allegation contained therein and the whole thereof. Without limiting the generality of the foregoing, defendant denies that plaintiff was injured or damaged in the alleged manner or sum or sums, or in

any other manner or sum or sums or at all.

any other manner or sum or sums or at all. 2 17:19 415979 I BOGAARDSDAVIS PAGE ©84/86

2 17:19 415979 I BOGAARDSDAVIS PAGE ©84/86

FOR A FIFTH. SEPARATE AND AFFIRMATIVE

DEFENSE. DEFENDANT ALLEGES AS FOLLOWS: 5. This defendant is informed and believes and thereon alleges that other persons or

entities, the true names and capacities of which this answering defendant is ignorant, were in some manner negligently responsible for or at fault in proximately causing the damages allegedly sustained by plaintiff herein, and if it should be found at trial of this action that this defendafit and said other persons or entities are legally responsible or at fault in proximately causing said damages, the damages should be awarded against said other persons and entities and this defendant in proportion to the relative fault or negligence, if any.

SEP TE AND AFFIRMATIVE

DEFENSE, DEFENDANT ALLEGES AS FOLLOWS: 6. Plaintiff failed to take reasonable action to avoid or mitigate the alleged detriments or

damages, if any.

FOR A SEVENTH, SEPARATE AND AFFIRMATIVE

DEFENSE. DEFENDANT ALLEGES AS FOLLOWS:

7. This defendant alleges that all canses of action in said Complaint are barred by the applicable statute of limitations, including but without limitation, California Code of Civil Procedure §340(3).

G SEP TE AND AF TIVE

D S ANT ALLEGES AS FOLLOWS: 8. This answering defendant avers that plaintiff fails to state a cause of action against this

answering defendant for the reason that this answering defendant was not the owner of any vehicle involved in conduct complained of, was not the employer of any person or entity involved in conduct complained of, and was not the agent or principal to any person or entity involved in conduct

complained of herein.

DEFENDANT CHARLES ALLEN EVANS II'S ANSWERTO COMPLAINT

110M540451901 8 - 10/4/2012 5:24:42 PM

415979 ! BDGAARDSDAVIS PAGE 85/86

2 17:19 ! INTH. SEPARATE AND AFFIRMATIVE DEFENSE. DEFENDANT ALLEGES AS FOLLOWS: 9. This answering defendant avers plaintiff was not covered by a policy of automobile

insurance at the time of the subject accident or at the times alleged in the Complaint, and therefore the recovery of damages, if any, by plaintiff is limited to the recovery of economic damages only. WHEREFORE, defendant prays that plaintiff take nothing by reason of Complaint on file

herein, for costs of suit incurred herein, and for such other and further relief as this Court deems just

and proper.

October 4, 2012 BOGAARDS DAVIS LLP

MELISSA O’CONNOR

Attorneys for Defendant

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