PAUL RICHARD EMERY VS STEVEN CHRISTOPHER RUSSO

Complaint Information

Ayhan M. Menekshe, Esq. (SBN 197467)

Steven W. Ferla, Esq. (SBN 233133)

MENEKSHE LAW FIRM

16275 Los Gatos Boulevard F WTF . @_D Los Gatos, CA 95032 SAN MA NTY Tel.: (408) 358-1200

Fax: (408) 358-1205 JAN 15 2014

Attorney for Plaintiff,

PAUL RICHARD EMERY

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO

PAUL RICHARD EMERY, ) CASE NO. CIV518945 ) Plaintiff, ) DECLARATION OF AYHAN M.

) MENEKSHE IN SUPPORT OF

vs ) PLAINTIFF PAUL RICHARD EMERY’S

) MOTION FOR LEAVE TO FILE FIRST

STEVEN CHRISTOPHER RUSSO; and % AMENDED COMPLAINT DOES 1 through 25, inclusive, ) Date: F 2014 ) Time: @l Defendants. ) Dept.: and Motion, Dept. 10; ) Courtroom 8D

I, Ayhan M. Menekshe declare as follows:

1. Tam an attorney duly licensed to practice before all the courts of the State of California.

I am a member of The Menekshe Law Firm, counsel of record Plaintiff PAUL RICHARD EMERY (“Plaintiff” or “Emery”). I make this declaration in support of Plaintiff’s Motion For Leave To File First Amended Complaint. I have first-hand knowledge of the facts contained within this Declaration, either from my own personal experience or from my familiarity with the case file, and if called upon to testify to these facts I would and could competently do so.

2. This matter involves a two car motor vehicle accident which occurred on June 28, 2012 at approximately 10:20 p.m. on southbound US-101, 0.2 mile(s) South of Woodside Road exit, Redwood City, California. The road was dry. There was road construction in the area where the accident.occurred, which was designated as a “construction zone.”

2. This matter involves a two car motor vehicle accident which occurred on June 28, 2012 at approximately 10:20 p.m. on southbound US-101, 0.2 mile(s) South of Woodside Road exit, Redwood City, California. The road was dry. There was road construction in the area where the accident.occurred, which was designated as a “construction zone.” 3. At the time of the accident, Plaintiff Paul Emery had been driving his 2003 White Subaru Outback (sport utility vehicle) in the southbound #1 lane of the freeway since approximately San Francisco International Airport when traffic ahead slowed. He was then struck from the rear by a black Lexus IS300 driven by Defendant Steven Christopher Russo. Emery was traveling at about 60 mph when struck. The collision caused Emery’s vehicle to strike the center divider; he then drove his vehicle to the shoulder of the road, which was coned-off for road work. He called 911 and waited.

3. At the time of the accident, Plaintiff Paul Emery had been driving his 2003 White Subaru Outback (sport utility vehicle) in the southbound #1 lane of the freeway since approximately San Francisco International Airport when traffic ahead slowed. He was then struck from the rear by a black Lexus IS300 driven by Defendant Steven Christopher Russo. Emery was traveling at about 60 mph when struck. The collision caused Emery’s vehicle to strike the center divider; he then drove his vehicle to the shoulder of the road, which was coned-off for road work. He called 911 and waited.

4. Defendant Russo also stopped his vehicle, but never reported the collision and instead left the scene without ever speaking to Mr. Emery, and walked to 450 Broadway in Redwood City where he was eventually located by the California Highway Patrol.

5. Plaintiff has learned that Defendant failed the field sobriety and breath tests and was charged with and eventually pleaded no lo contendre to driving with a blood alcohol content of 0.08 or greater resulting in injury to another person and hit and run (VC §23153(b) and §20001(a), respectively).

I declare under penalty of perjury under the laws of the state of California that the

foregoing is true and correct and that this declaration was executed on this 8th day of January in 2014.