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 and Scott, Joseph C.. The case status is Disposed - Dismissed.
*****4757
06/21/2012
Disposed - Dismissed
San Mateo County Superior Courts
Southern Branch Hall Of Justice And Records
San Mateo, California
Scott, Joseph C
Scott, Joseph C.
MAYRA MONTES
POLLINE VILLALOBO
VILLALOBO, POLLINE
MONTES, MAYRA
CHARLES ALLEN EVANS,II
BMW OF MOUNTAIN VIEW
EVANS,II, CHARLES ALLEN
ADAMS, MICHAEL E.
DAVIS, BRIAN R
DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.
NOTICE (3) Comment NCAI: NOTICE OF CHANGE OF ADDRESS OF ATTORNEY BRIAN R DAVIS FILED
NOTICE (2) Comment PNTWO: PRINT COMBINED MANDATORY SETTLEMENT CONFERENCE AND JURY TRIAL OR COURT TRIAL NOTICE
ORDER Comment O: ORDER CONTINUING TRIAL SIGNED BY JUDGE FOILES ON 03/19/13, FILED.
DECLARATION Comment DEC: DECLARATION OF BRIAN R. DAVIS IN SUPPORT OF EX PARTE APPLICATION FOR TRIAL CONTINUANCE
APPLICATION Comment EPA: EX-PARTE APPLICATION FOR STIPULATED TRIAL CONTINUANCE FILED BY CHARLES ALLEN EVANSII
ORDER (2) Comment SOADR: STIP AND ORDER TO ADR SIGNED BY STEVEN L. DYLINA ON 03/15/13
FILING Comment FILED: NOTICE OF OSC HEARING FOR FAILURE TO FILE STIPULATION AND ORDER TO ADR FILED.
NOTICE Comment PNTWO: PRINT COMBINED MANDATORY SETTLEMENT CONFERENCE AND JURY TRIAL OR COURT TRIAL NOTICE
CMC NOTICE Judicial Officer Scott Joseph C Comment CASE MANAGEMENT CONFERENCE
STATEMENT (2) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY MAYRA MONTES POLLINE VILLALOBO.
STATEMENT Comment CMS: CASE MANAGEMENT STATEMENT FILED BY CHARLES ALLEN EVANSII.
ANSWER Comment ANS: (S) ANSWER TO COMPLAINT OF MONTES FILED BY CHARLES ALLEN EVANSII, REPRESENTED BY BRIAN R DAVIS
SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.
COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED
COMPLAINT Comment COM: (S) COMPLAINT FILED
Disposition: Judgment; Judgment Type; Dismissal - Other Dismissal; Party; Name: EVANSII, CHARLES ALLEN; Comment: 0001 COMPLAINT; Party; Name: VILLALOBO, POLLINE; Comment: 0001 COMPLAINT; Party; Name: MONTES, MAYRA; Comment: 0001 COMPLAINT.
Disposition: Judgment; Judgment Type; Dismissal - With Prejudice; Party; Name: BMW OF MOUNTAIN VIEW; Comment: 0001 COMPLAINT.
Conversion Hearing. Additional Info: Comment JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.
Jury Trial. Additional Info: Hearing Time 9:00 AM Cancel Reason Vacated Comment Dept: PJ JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.
Conversion Hearing. Additional Info: Comment MANDATORY SETTLEMENT CONFERENCE
Settlement Conference. Additional Info: Hearing Time 01:30 PM Cancel Reason Vacated Comment Dept: 7 MANDATORY SETTLEMENT CONFERENCE
Request for Dismissal of - WITH prejudice in its entirety. Additional Info: DISMISSAL Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.
Conversion Minute. Additional Info: Comment HCONT: HEARING CONTINUED TO 09/23/13 AT 09:00 IN DEPARTMENT PJ.
Conversion Hearing. Additional Info: Comment JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.
Jury 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.
Conversion Minute. Additional Info: Comment *FEE: 120626-0437-CK 166/ 395.00 PAYMT
Complaint. Additional Info: COMPLAINT Comment COM: (S) COMPLAINT FILED
Financial info for EVANS,II, CHARLES ALLEN : Case Payment Receipt # 201303190460 EVANS,II, CHARLES ALLEN $60.00
Financial info for EVANS,II, CHARLES ALLEN : Transaction Assessment $60.00
Financial info for EVANS,II, CHARLES ALLEN : Case Payment Receipt # 201210050242 EVANS,II, CHARLES ALLEN $435.00
Financial info for EVANS,II, CHARLES ALLEN : Transaction Assessment $435.00
Financial: EVANS,II, CHARLES ALLEN; Total Financial Assessment $495.00; Total Payments and Credits $495.00
Financial info for MONTES, MAYRA : Case Payment Receipt # 201206260437 MONTES, MAYRA $395.00
Financial info for MONTES, MAYRA : Transaction Assessment $395.00
Financial: MONTES, MAYRA; Total Financial Assessment $395.00; Total Payments and Credits $395.00
18/84/2012 17:19 415979t BOGAARDSDAVIS PAGE ©02/86
BRIAN R. DAVIS (160817)
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
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
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.
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).
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.
110M540451901 8 - 10/4/2012 5:24:42 PM
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
Attorneys for Defendant