This case was last updated from San Mateo County Superior Courts on 06/20/2022 at 01:30:00 (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 Dylina, Steven L, Scott, Joseph C, Novak, Lisa A, Scott, Joseph C., Lee, Elizabeth K., Dylina, Steven L., Novak, Lisa A., Grandsaert, John L, Foiles, Robert D, Lee, Elizabeth K, STEVEN L. DYLINA, JOSEPH C. SCOTT, LISA A. NOVAK, ROBERT D. FOILES, ELIZABETH K. LEE, LEE and GRANDSAERT. 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

  • County, State:

    San Mateo, California

Judge Details

Judges

Dylina, Steven L

Novak, Lisa A

Scott, Joseph C

Scott, Joseph C.

Lee, Elizabeth K.

Dylina, Steven L.

Novak, Lisa A.

Grandsaert, John L

Foiles, Robert D

Lee, Elizabeth K

STEVEN L. DYLINA

JOSEPH C. SCOTT

LISA A. NOVAK

ROBERT D. FOILES

ELIZABETH K. LEE

LEE

GRANDSAERT

 

Party Details

Plaintiff

EMERY, PAUL RICHARD

Defendant

RUSSO, STEVEN CHRISTOPHER

Attorney/Law Firm Details

Plaintiff Attorneys

MENEKSHE, AYHAN M

MENEKSHE, AYHAN M.

Defendant Attorney

TOSCHI, STEVEN C

 

Court Documents

Motion.

NOTICE (8) Comment NM: NOTICE OF MOTION OF PLAINTIFF PAUL RICHARD EMERY TO OBTAIN DISCOVERY OF DEFENDANT FILED BY PAUL RICHARD EMERY

Order.

ORDER (5) Comment O2: ORDER GRANTING EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE AND SETTLMNT SIGNED BY JUDGE GRANDSAERT ON 02/13/15 FILED.

Memorandum of Points & Authorities Filed.

MEMO (3) Comment MPA: MEMORANDUM OF POINTS AND AUTHORITIES FILED BY PAUL RICHARD EMERY IN SUPPORT OF PLAINTIFF PAUL RICHARD EMERY'S MOTION TO OBTAIN DISCOVERY

Order received.

PROPOSED ORDER (2) Comment POR: PROPOSED ORDER RECEIVED.

Opposition.

OPPOSITION Comment OPP: OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT FILED BY STEVEN CHRISTOPHER RUSSO

Memorandum of Points & Authorities Filed.

MEMO Comment MPA: MEMORANDUM OF POINTS AND AUTHORITIES FILED BY PAUL RICHARD EMERY IN SUPPORT OF PLTF PAUL R. EMERY'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Case Management Statement.

STATEMENT (4) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY PAUL RICHARD EMERY.

Declaration.

DECLARATION Comment DECL: DECLARATION OF AYHAN M. MENEKSHE IN SUPPORT OF PLTF MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT FILED BY PAUL RICHARD EMERY

Substitution of Attorney as to.

ATTORNEY Comment SAT: SUBSTITUTION OF ATTORNEY FILED. FORMER ATTORNEY PHILIP M ANDERSEN & ASSOCIATES REMOVED AS TO STEVEN CHRISTOPHER RUSSO AND REPLACED WITH ATTORNEY STEVEN C TOSCHI.

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.

Document.

NOTICE OF HEARING: OSC FOR DISMISSAL AFTER COURT'S RECEIPT OF NOTICE OF SETTLEMENT FILED. Comment FILED: NOTICE OF HEARING: OSC FOR DISMISSAL AFTER COURT'S RECEIPT OF NOTICE OF SETTLEMENT, FILED.

Conversion Action.

NOTICE OF SETTLEMENT FILED BY PAUL RICHARD EMERY. Comment NS2: NOTICE OF SETTLEMENT FILED BY PAUL RICHARD EMERY.

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 GRANTING EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE AND SETTLMNT SIGNED BY JUDGE GRANDS Comment O2: ORDER GRANTING EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE AND SETTLMNT, SIGNED BY JUDGE GRANDSAERT ON 02/13/15 FILED.

Declaration.

DECLARATION OF AUSTIN L. HOUVENER ESQ IN SUPPORT OF DEFENDANT'S EX PARTE APP TO CONTINUE THE TRIAL 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

Ex Parte Application.

EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE AND SETTLMNT CONFERENCE FILED. Comment EXV: EX PARTE APPLICATION TO CONTINUE THE TRIAL DATE AND SETTLMNT CONFERENCE FILED.

Order.

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

Document.

REPLY DECLARATION OF SABINA SADYKHOVA IN SUPPORT OF PLTF PAUL RICHARD EMERY'S FILED. Comment FILED: REPLY DECLARATION OF SABINA SADYKHOVA IN SUPPORT OF PLTF PAUL RICHARD EMERY'S, FILED.

88 More Documents Available

 

Docket Entries

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

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  • 05/04/2015
  • 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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  • 04/23/2015
  • DocketConversion Hearing.; Additional Info: Comment MANDATORY SETTLEMENT CONFERENCE

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

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  • 04/14/2015
  • DocketConversion 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
  • DocketOrder 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
  • DispositionDisposition: 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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  • 03/27/2015
  • 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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  • 03/10/2015
  • View Court Documents
  • DocketDocument.; Additional Info: NOTICE OF HEARING: OSC FOR DISMISSAL AFTER COURT'S RECEIPT OF NOTICE OF SETTLEMENT FILED. 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
  • DocketConversion Action.; Additional Info: NOTICE OF SETTLEMENT FILED BY PAUL RICHARD EMERY. Comment NS2: NOTICE OF SETTLEMENT FILED BY PAUL RICHARD EMERY.

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217 More Docket Entries
  • 02/20/2013
  • DocketAdvance Jury Fees Non-Refundable.; Additional Info: Comment AJFEE: ADVANCE JURY FEE POSTED BY AYHAN M. MENEKSHE ON BEHALF OF PAUL RICHARD EMERY.

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

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  • 01/08/2013
  • FinancialFinancial info for EMERY, PAUL RICHARD; Transaction Assessment $435.00

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

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  • 01/08/2013
  • DocketCause Of Action.; Additional Info: Action Complaint File Date 01/08/2013

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  • 01/08/2013
  • DocketNew Filed Case.

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  • 01/08/2013
  • View Court Documents
  • DocketCivil Case Cover Sheet.; Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 01/08/2013
  • 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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  • 01/08/2013
  • DocketConversion Minute.; Additional Info: Comment *FEE: 130108-0541-CK 194/ 435.00 PAYMT

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  • 01/08/2013
  • View Court Documents
  • DocketComplaint.; Additional Info: (S) COMPLAINT FILED Comment COM: (S) COMPLAINT FILED

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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.

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