This case was last updated from San Mateo County Superior Courts on 07/20/2018 at 17:12:51 (UTC).

PAUL RICHARD EMERY VS STEVEN CHRISTOPHER RUSSO

Case Summary

On 01/08/2013 PAUL RICHARD EMERY filed a Personal Injury - Motor Vehicle lawsuit against STEVEN CHRISTOPHER RUSSO. 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, Dylina, Steven L, Novak, Lisa A, Scott, Joseph C, Lee, Elizabeth K, Scott, Joseph C., Lee, Elizabeth K., Dylina, Steven L. and Novak, Lisa A.. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****8945

  • Filing Date:

    01/08/2013

  • Case Status:

    Disposed - Dismissed

  • 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

Dylina, Steven L

Novak, Lisa A

Scott, Joseph C

Lee, Elizabeth K

Scott, Joseph C.

Lee, Elizabeth K.

Dylina, Steven L.

Novak, Lisa A.

 

Party Details

Plaintiffs

PAUL RICHARD EMERY

EMERY, PAUL RICHARD

Defendants

STEVEN CHRISTOPHER RUSSO

RUSSO, STEVEN CHRISTOPHER

Attorney/Law Firm Details

Plaintiff Attorneys

MENEKSHE, AYHAN M

MENEKSHE, AYHAN M.

Defendant Attorney

TOSCHI, STEVEN C

 

Court Documents

Declaration.

DECLARATION (9) Comment DECL: DECLARATION OF AUSTIN L. HOUVENER ESQ IN SUPPORT OF DEFENDANT'S EX PARTE APP TO CONTINUE THE TRIAL FILED BY STEVEN CHRISTOPHER RUSSO

Order.

ORDER (2) Comment O2: ORDER GRANTING PLAINTIFF PAUL RICHARD EMERY'S MOTION TO OBTAIN DISCOVERY OF DEFENDANT SIGNED BY JUDGE LEE ON 02/13/15 FILED.

Conversion Action.

NOTICE (7) Comment PNTWO: PRINT COMBINED MANDATORY SETTLEMENT CONFERENCE AND JURY TRIAL OR COURT TRIAL NOTICE

Document.

FILING (2) Comment FILED: ASSOCIATION OF ATTORNEYS BY DEFENANT STEVEN RUSSO. FILED.

Conversion Action.

NOTICE (4) Comment PNTWO: PRINT COMBINED MANDATORY SETTLEMENT CONFERENCE AND JURY TRIAL OR COURT TRIAL NOTICE

Conversion Action.

BRIEF Comment BR: REPLY BRIEF FILED BY PAUL RICHARD EMERY

Stipulation and Order to ADR.

ORDER Comment SOADR: STIP AND ORDER TO ADR SIGNED BY STEVEN L. DYLINA ON 09/30/13

Case Management Statement.

STATEMENT (2) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY PAUL RICHARD EMERY.

Answer / Response / Denial - Unlimited.

ANSWER Comment ANS: (S) ANSWER TO COMPLAINT OF EMERY FILED BY STEVEN CHRISTOPHER RUSSO REPRESENTED BY PHILIP M ANDERSEN & ASSOCIATES

Proof of Service by MAIL of.

PROOF OF SERVICE (10) Comment PSN3: PROOF OF SERVICE (BY MAIL) OF SEE LIST SERVED ON AYHAN M. MENEKSHE WITH A SERVICE DATE OF 02/02/15 FILED.

Memorandum of Points & Authorities Filed.

MEMO (4) Comment MPA: MEMORANDUM OF POINTS AND AUTHORITIES FILED BY STEVEN CHRISTOPHER RUSSO IN IN OPPOSITION TO PLAINTIFF'S MOTION TO OBTAIN DISC OVERY OF DEFENDANT'S FINANCIAL CONDITION

Declaration.

DECLARATION (4) Comment DECL: DECLARATION OF SABINA SADYKHOVA IN SUPPORT OF PLAINTIFF PAUL RICHARD EMERYH'S MOTION FILED BY PAUL RICHARD EMERY

Motion.

NOTICE (6) Comment NM: NOTICE OF MOTION AND MOTION TO CONTINUE TRIAL FILED BY STEVEN CHRISTOPHER RUSSO

Answer / Response / Denial - Unlimited.

ANSWER (2) Comment ANS: (S) ANSWER TO 1ST AMENDED COMPLAINT OF EMERY FILED BY STEVEN CHRISTOPHER RUSSO REPRESENTED BY STEVEN C TOSCHI

Document.

COURT DOCUMENT Comment IMGDOC: PROPOSED FIRST AMENDED COMPLAINT FOR DAMAGES RECEIVED.

Order received.

PROPOSED ORDER Comment POR: PROPOSED ORDER RECEIVED.

Motion.

NOTICE (3) Comment NM: NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT FILED BY PAUL RICHARD EMERY

Conversion Hearing.

CMC NOTICE Judicial Officer Dylina Steven L Comment CASE MANAGEMENT CONFERENCE

38 More Documents Available

 

Docket Entries

  • 03/27/2015
  • Disposition: Judgment; Judgment Type; Dismissal - Other Dismissal; Party; Name: RUSSO STEVEN CHRISTOPHER; Comment: 0001 COMPLAINT; Party; Name: EMERY, PAUL RICHARD; Comment: 0001 COMPLAINT.

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  • 05/04/2015
  • Conversion Hearing. Additional Info: Comment JURY TRIAL. TIME ESTIMATE: 5 DAYS 00:00 HOURS.

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  • 05/04/2015
  • Jury 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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  • 04/23/2015
  • Conversion Hearing. Additional Info: Comment MANDATORY SETTLEMENT CONFERENCE

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  • 04/23/2015
  • Settlement Conference. Additional Info: Hearing Time 09:30 AM Cancel Reason Vacated Comment Dept: 7 MANDATORY SETTLEMENT CONFERENCE

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  • 04/14/2015
  • Conversion Hearing. Additional Info: Comment OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION AFTER NOTICE OF SETTLEMENT

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  • 04/14/2015
  • Order to Show Cause Re: Dismissal. Additional Info: Hearing Time 9:00 AM Cancel Reason Vacated Comment Dept: 7 OSC RE: DISMISSAL HEARING AS TO DISMISSAL OF ENTIRE ACTION AFTER NOTICE OF SETTLEMENT

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  • 03/27/2015
  • View Court Documents
  • Request for Dismissal of - WITH prejudice in its entirety. Additional Info: DISMISSAL (16) Comment REQDEA: REQUEST FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE FILED AND ENTERED.

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  • 03/10/2015
  • View Court Documents
  • Document. Additional Info: FILING (6) Comment FILED: NOTICE OF HEARING: OSC FOR DISMISSAL AFTER COURT'S RECEIPT OF NOTICE OF SETTLEMENT FILED.

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  • 03/04/2015
  • View Court Documents
  • Conversion Action. Additional Info: NOTICE (10) Comment NS2: NOTICE OF SETTLEMENT FILED BY PAUL RICHARD EMERY.

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217 More Docket Entries
  • 01/21/2015
  • Financial info for EMERY, PAUL RICHARD : Case Payment Receipt # 201501210409 EMERY, PAUL RICHARD $90.00

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  • 01/15/2014
  • Financial info for EMERY, PAUL RICHARD : Case Payment Receipt # 201401150787 EMERY, PAUL RICHARD $30.00

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  • 01/15/2014
  • Financial info for EMERY, PAUL RICHARD : Transaction Assessment $30.00

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  • 01/15/2014
  • Financial info for EMERY, PAUL RICHARD : Case Payment Receipt # 201401150786 EMERY, PAUL RICHARD $60.00

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  • 01/15/2014
  • Financial info for EMERY, PAUL RICHARD : Transaction Assessment $60.00

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  • 02/20/2013
  • Financial info for EMERY, PAUL RICHARD : Case Payment Receipt # 201302200736 EMERY, PAUL RICHARD $150.00

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  • 02/20/2013
  • Financial info for EMERY, PAUL RICHARD : Transaction Assessment $150.00

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  • 01/08/2013
  • Financial info for EMERY, PAUL RICHARD : Case Payment Receipt # 201301080541 EMERY, PAUL RICHARD $435.00

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  • 01/08/2013
  • Financial info for EMERY, PAUL RICHARD : Transaction Assessment $435.00

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  • 01/08/2013
  • Financial: EMERY, PAUL RICHARD; Total Financial Assessment $765.00; Total Payments and Credits $765.00

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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.