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HomeMy WebLinkAbout2021-06-29 Summons Mesa v City of Palm Desert CVPS2103100.pdfSUMMONS REC44 YES.li CLE kiCS 8f plc E (CiTACiON JUDICIAL) P A`E'N I, C A NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): 2021 JE I! -9 Pt' 3: i SUM-100 RV MANAGEMENT CO., a business entity, form unknown; City of Palm Desert, a governmental entity; and DOES 1 through 100, inclusive, YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): Sherry Mesa, Rick Mesa FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) FILED ' Superior Court of California County of Riverside 6129/2021 V. Lopez Electronically Filed NOTICE! You have been sued. The court may deride against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at thls court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Setf-Help Center (www.courlinfo.Ca.gov/selhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelprelifomia.org), the California Courts Online Self -Help Center (www.courtinfa ce.gov/sel help), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. IAVISO/ Lo han demanded). Si no response dentin de 30 dlas, la come puede decidir en su contra sin escuchar su version. Lea la information a continuation. Trene 30 DIAS DE CALENDARIO despues de que le enbeguen este atacibn y papeles legates pare presenter una respuesta por escrito en esta come y hacer que se enbegue una copia al demandante_ Una carte o una Ramada telefonica no b prolegen. Su respuesta poi esalto bone que ester en formate legal c recto si desea que pmcesen su caso en b corte Es posible que haya un tamtulario que usted puede user pars su respuesta. Puede encontrar estos formulanos de la torte y mas information en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de leyes de su condado o en !a corte qua le quads mas cerca. Si no puede pager la cuota de presentation, pida at secretario de la corte que le de un formuleno de exencibn de pago de cuotas. Si no piesenta su respuesta a tiempo, puede penier el caso por incumplimiento y la torte le podra guitar su sueldo, dinem y bienes sin mas advertence. Hay otros requisitos legates. Es recomendeble que !lame a un ebogado inmediatamente. Si no Conte a un abogado, puede ilamar a Lin servicio de remisibn a abogados. Si no puede pager a un abogado, es posible que cumpla con los regwsitos pore obtener servicios legates gratuitos de un programa de servicios legates sin fines de lucre.. Puede encorrirar estos grupos sin fines de luau en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniendose en contact) con 1a come o el calegio de ebogados locales. AVISO: Por ley, la merle bens derecho a reciamar las cuotas y los costos exentos por imposer un gravamen sobre cualqurer recuperecibn de S/0,000 6 nuts de valor reoibida mediante un acuerdo o una concesibn de arbitreje en un caso de derecho (wit. Tiene que pager el gravamen de la cone antes de que la come puede desechar el caso. The name and address of the court is: (El nombre y direction de la cote es): Superior Court of Riverside County 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 CASE NUMBER (Numeio de! Ca>,o) CVPS21 03100 The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney. is: (El nombre, la direction y el ntimer° de telbfono del ebogado del demandante, o del demandante que no Ilene abogado, es): James V. Cicalese, Attorney, 45841 Oasis Street, Suite 6, Indio, CA 92201; 760/775-5818 DATE: 6/29/2021 Clerk, by 1 (Fecha) (Sectetatio) (For proof of service of this summons, use Proof of Service of Summons (forte POS-010). (Para prueba de entrega de esta citation use el fonnulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served 1. l /1 as an individual defendant. 2. (" as the person sued under the fictitious name of (specify): Form Adept•d for Mandatory Life Judicial Cant# at CaYarres SUM-100 [Re, July 1, 20091 3. 0 on behalf of (specify): under [ 1 CCP 416.10 (corporation) 1--1 CCP 416 60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) (l CCP 416.40 (association or partnership) 1-7 CCP 416.90 (authorized person) 1 Deputy (Adjunto) other (specify): by personal delivery on (date): SUMMONS Pace1a1 Code cr CMI Procedure §§ 412. 20, 485 www couronlu cs goy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JAMES V. CICALESE (SUN 170352) CICALESE JAGUAR LAW FIRM, PC 45-841 Oasis Street, Suite 6 Indio, Califomia 92201 Tel: (760) 775-5818 Fax: (760) 775-6108 Jim @ Personalinjurylndio.com Attorney for Plaintiffs FILED Superior Court of California County of Riverside 6/29/2021 V. Lopez Electronically Filed SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE SHERRY MESA, RICK MESA, Plaintiffs, vs. RV MANAGEMENT CO., a business entity, form unknown; CITY OF PALM DESERT, a govemmental entity; and DOES 1 through 100, Inclusive, Defendants Case No.: CVPS21031 00 COMPLAINT FOR DAMAGES: 1. Negligence — Premises Liability 2. Dangerous Condition of Public Property [Gov. Code §835 ] Now Comes Plaintiffs SHERRY MESA, RICK MESA (hereafter jointly referred to as "Plaintiffs" or "the Plaintiffs"), alleging as follows: GENERAL ALLEGATIONS APPLICABLE TO ALL CAUSES OF ACTION 1. The incident, acts, omissions, occurrences, and damages complained of herein 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 occurred in the City of Palm Desert, County of Riverside, State of California. The relief sought by the Plaintiffs are for damages that they suffered to their respective bodies, health, emotion, livelihood, and purse, and is based upon a "trip and fall" incident and is grounded in the principals of negligence, as govemed by Califomia State law. One Defendant to this action is a govemrnental entity seated and operating exclusively in the County of Riverside, State of Califomia. All the alleged acts of negligence complained of herein occurred in the County of Riverside, State of Califomia. This case does not present any issues concerning Federal Question Jurisdiction. 2. Plaintiffs are, and were at all times mentioned herein, individuals residing in the City of La Quinta, County of Riverside, State of Califomia. 3. The Plaintiffs are informed, believe and thereon allege that at all times mentioned herein, Defendant RV MANAGEMENT CO. (hereafter "Defendant "RV") is, and was, a business entity, form unknown, with its principal place of business located in the State of Washington. At all times mentioned herein, Defendant RV owned the subject property upon which the incident complained of herein occurred, located within the City of Palm Desert, County of Riverside, State of Califomia. In this regard the Plaintiffs are informed and believe that the members of Defendant RV are residents and citizens of the State of Califomia, and were at the time of the incident complained of herein. 4. At all relevant times Defendant CITY OF PALM DESERT (hereafter "Defendant PALM DESERT") is and was a govemmental public entity duly organized and existing under the laws of the State of Califomia and located within the State of Califomia, and is a "public entity' within the meaning of Govemment Code section 811.2. 5. Defendant DOES 1 through 100, inclusive, are sued herein under fictitious names. Their true names and capacities are unknown to the Plaintiffs. When their true names and capacities are ascertained, the Plaintiffs will amend this complaint by inserting their true names and capacities herein. The Plaintiffs are informed and believe and thereon allege 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that each of the fictitiously named Defendants is responsible and liable in some manner for the occurrences herein alleged, and that the Plaintiffs' damages as herein alleged were proximately caused by those Defendants, and each of them. Each reference in this Complaint to "Defendant", "Defendants", or to a specifically named Defendant refers also to all Defendants sued under fictitious names. 6. The Plaintiffs are informed and believe and thereon allege that at all relevant times herein mentioned each of the Defendants was the agent and/or employee of each of the remaining Defendants, and in doing the things hereinafter alleged, was and were acting within the course and scope of such agency and/or employment. 7. The Plaintiffs are informed, believe, and thereon allege, that the acts and conduct of the Defendants, to include Does 1 through 100, inclusive, and each of them, occurred in the City of Palm Desert and within the County of Riverside, State of Califomia upon premises owned, leased, operated, maintained, and controlled by all Defendants, and each of them. 8. The Plaintiffs bring forth this Complaint for Damages, in part, pursuant to the Tort Claims Act under Govemment Code section 835 for liability for a dangerous condition or/and conditions of and conceming public property. 9. On or about May 3, 2021 the Plaintiffs, and both of them, presented to and served upon Defendant PALM DESERT, via certified mail, their respective written claims for injuries, losses, disability and damages suffered and incurred by them by reason of the occurrence described herein, in compliance with the requirements of the relevant sections of the Govemment Code pertaining to claims for damages against govemment entities and institutions. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10. On May 14, 2021 Defendant PALM DESERT, through its chosen representative, acknowledged receipt of the Plaintiffs' respective claims. 11. As of the submission of this Complaint to the Court for filing, Defendant PALM DESERT has failed to act on the aforementioned claims, neither having given the Plaintiffs written notice of its acceptance or rejection of the Plaintiffs' claims. In this regard, Govemment Code section 912.4(c) states: "If the board [for Defendant PALM DESERT] fails or refuses to act on a claim within the time prescribed by this section, the claim shall be deemed to have been rejected by the board on the last day of the period within which the board was required to act upon the claim. Pursuant to Govemment Code section 912.4(a) Defendant PALM DESERT had 45 days from the presentation of the Plaintiffs' respective claims to accept or reject their claims. The 45"' day from presentation of the Plaintiffs' claims, plus five days for mailing, was June 22, 2021. Thus, by operation of law, the Plaintiffs' respective claims were deemed rejected on or about June 22, 2021. As such, Plaintiffs' may lawfully move forward with the filing of this Complaint, which is timely filed with the appropriate Court. THE SUBJECT INCIDENT COMPLAINED OF 12. The incident (also referred to herein as "the accident") complained of herein occurred upon a parking lot that serves a variety of commercial businesses located at 73880 and 73890 El Paseo in the City of Palm Desert. The parking lot consists of a typical smooth, blacktop surface and is open to the public. The parking lot invites and allows for the drivers of passenger and commercial vehicles to drive through and park thereupon and for pedestrians to walk upon. The parking lot surface has painted parking 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 stalls into which drivers park their vehicles. People must walk upon the surface of the parking lot when exiting a vehicle and when walking to a parked vehicle. 13. On or about March 25, 2021 at approximately 7:40 p.m., Plaintiff SHERRY MESA was walking upon the aforementioned parking lot. As Plaintiff SHERRY MESA was walking upon the parking lot she unexpectedly stepped with her left foot into a large hole located within the surface of the parking lot. As a result, Plaintiff SHERRY MESA was caused to fall, thereby suffering serious injury to her left foot and ankle, and to other parts of her body. The hole into which Plaintiff SHERRY MESA stepped was concealed and hidden from her observation and view and amounted to an unsafe and dangerous condition that created and presented an unreasonable risk of harm to people who walked upon the parking lot, to include Plaintiff SHERRY MESA. FIRST CAUSE OF ACTION [Premises Liability against Defendant RV MANAGEMENT CO. and DOES 1 through 100, inclusive] 14. The Plaintiffs re -allege paragraphs 1 through 13 as though they were fully set forth here. 15. At the time of Plaintiff SHERRY MESA's accident, as described, the condition of the parking lot created an unreasonable risk of harm to Plaintiff SHERRY MESA and to all other pedestrians who walked upon the surface of the parking lot. 16. Prior to the described accident, Defendant RV knew or, through the exercise of reasonable care, should have known about the unsafe and dangerous character of the parking lot, to include the aforementioned hole in the surface of the parking lot. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17. Prior to the described accident, Defendant RV failed to repair the described unsafe and dangerous condition, failed to protect Plaintiff SHERRY MESA against harm from the condition, and/or failed to give adequate warning of the condition. 18. As a direct and proximate result of the described negligence and carelessness of Defendant RV, and Defendants 1 through 100, inclusive, and each of them, Plaintiff SHERRY MESA was injured in her body, health, strength, and activity, and sustained injury to her body and shock and injury to her nervous system and person. Plaintiff SHERRY MESA's damage and injury includes, but is not limited to, severe and permanent physical and injury, pain and suffering, mental suffering and anguish, anxiety, emotional damage, inconvenience, as well as other related damages to be presented according to proof at trial. 19. As a further direct and proximate result of the described negligence and carelessness of Defendant RV, and Defendants 1 through 100, inclusive, and each of them, Plaintiff SHERRY MESA has incurred, and will continue to incur in the future, medical and related expenses. The full amount of these expenses is not currently known to Plaintiff, who will move to amend this Complaint when such amounts become known, or upon proof at trial. 20. As a further direct and proximate result of the described negligence and carelessness of Defendant RV, and Defendants 1 through 100, inclusive, and each of them, Plaintiff SHERRY MESA has suffered lost eamings, future lost earnings, loss of business and employment opportunities, as well as a permanent loss of eaming capacity. The full amount of these loses is not currently known to Plaintiff, who will move to amend this Complaint when such amounts become known, or upon proof at trial. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21. As a further direct and proximate result of the described negligence and carelessness of Defendant RV, and Defendants 1 through 100, inclusive, and each of them, Plaintiff SHERRY MESA has suffered damage to his property, which includes, but is not limited to, loss of the value of his use of his property. The full amount of these loses is not currently known to Plaintiff, who will move to amend this Complaint when such amounts become known, or upon proof at trial. Il. SECOND CAUSE OF ACTION [Government Code §835 — Dangerous Condition of Public Property against Defendant City of Palm Desert and Does 1 to 100, inclusive]. 22. Plaintiffs re -alleges paragraphs 1 through 13 as through fully set forth here. 23. On the date and at the time alleged, Plaintiff SHERRY MESA was walking upon the described parking lot surface intending to reach her vehicle, which was lawfully parked in a designated stall upon the parking lot surface. Upon reaching her vehicle Plaintiff SHERRY MESA intended to drive home. Plaintiff SHERRY MESA was lawfully upon the premises, as she operates a hair salon located at 73880 El Paseo in the City of Palm Desert. The parking lot serves, in part, her business and Plaintiff SHERRY MESA has use of the parking lot for herself and for customers. As Plaintiff SHERRY MESA walked to her vehicle, it was dark, as night had descended. 24. As Plaintiff SHERRY MESA walked she unexpectedly encountered a large hole in the surface of the parking lot, stepping into the hole with her left foot. The area where the hole was located was not adequately illuminated so as to allow Plaintiff SHERRY MESA to observe the hole. Also, the hole itself contained natural debris, such as small leaves, twigs, dirt and sand. Also, the hole was dark in color, much like the color of the 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 parking lot in general. All of this combined to conceal the hole from Plaintiff SHERRY MESA's view and observation, as she was unable to, and did not, observe the hole while walking. The hole, and the condition of the hole itself, and the poor illumination of the hole caused Plaintiff SHERRY MESA to step within it as she walked, thereby causing her to trip and suffer severe injury to her left foot and ankle, and to other parts of her body. 25. Govemment Code section 835 provides, in pertinent part: "Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either (a) a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) the public entity had actual or constructive notice of the dangerous condition under Section 835.2 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition." 26. Defendant PALM DESERT, and Does 1 through 100, inclusive, and each of them, as govemmental entities owned, leased, operated, maintained and controlled the parking lot upon which Plaintiff SHERRY MESA was injured, and owed a special duty of care to inspect and maintain the parking lot in a reasonable and safe condition to prevent injury or harm to all people who use the parking lot, to include Plaintiff SHERRY MESA. 27. The negligent and/or wrongful acts and/or omissions of the Defendants, and each of them, their agents and/or employees, within the purpose, scope, and course of their 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 employment and agency, include, but are not limited to: 1) a failure to maintain adequate illumination in the area of the parking lot where the hole existed, which caused Plaintiff SHERRY MESA's injury, thus preventing her from adequately and reasonably observing the hole before she stepped into it; 2) a failure to repair the hole in advance of the subject accident, so as to avoid the reasonable likelihood that pedestrians would step into it; 3) a failure to keep the parking lot clean and the hole free of debris, which would have prevented debris from entering the hole and obscuring the hole from Plaintiff SHERRY MESA's observation; and 4) a failure to wam Plaintiff SHERRY MESA of the hole. These described negligent and/or wrongful acts and/or omissions concerning the inspection and maintenance of the parking lot that Defendant PALM DESERT, and Does 1 through 100, inclusive, knew was used by members of the public and by Plaintiff SHERRY MESA presented a dangerous condition in the form of the aforementioned concealed hole, which created a foreseeable risk of the kind of injuries which Plaintiff SHERRY MESA did suffer. 28. At all times mentioned herein, Defendant PALM DESERT, and Does 1 through 100, inclusive, and each of them, had actual notice of the aforementioned dangerous condition within the meaning of Govemment Code section 835(b), in that each such Defendant had knowledge of the existence of the hole and knew or should have known of its dangerous character prior to Plaintiff SHERRY MESA's accident. Based upon information and belief, the Plaintiffs allege that Defendant PALM DESERT, and Does 1 through 100, inclusive, and each of them, had inspected the parking lot where the offending hole was located, and had otherwise conducted maintenance upon the parking lot, prior to the alleged accident and had observed the hole, thus having had actual knowledge of the hole prior to the accident. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 29. Further, at all times mentioned herein, the Defendants, and each of them, had constructive notice of aforementioned dangerous condition (the hole) within the meaning of Government Code section 835(b), in that the condition had existed for such a period of time and was of such an obvious nature that Defendant PALM DESERT, and Does 1 through 100, inclusive, and each of them, in the exercise of due care, should have discovered the condition and its dangerous character prior to SHERRY MESA's accident. 30. As a direct and proximate result of the described dangerous condition, and the negligence and carelessness of Defendant PALM DESERT, and Defendants 1 through 100, inclusive, and each of them, Plaintiff SHERRY MESA was injured in her body, health, strength, and activity, and sustained injury to her body and shock and injury to her nervous system and person. Plaintiff SHERRY MESA's damage and injury includes, but is not limited to, severe and permanent physical and injury, pain and suffering, mental suffering and anguish, anxiety, emotional damage, inconvenience, as well as other related damages to be presented according to proof at trial. 31. As a further direct and proximate result of the described dangerous condition, and the negligence and carelessness of Defendant PALM DESERT, and Defendants 1 through 100, inclusive, and each of them, Plaintiff SHERRY MESA has incurred, and will continue to incur in the future, medical and related expenses. The full amount of these expenses is not currently known to Plaintiff, who will move to amend this Complaint when such amounts become known, or upon proof at trial. 32. As a further direct and proximate result of the described dangerous condition, and the negligence and carelessness of Defendant PALM DESERT, and Defendants 1 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 through 100, inclusive, and each of them, Plaintiff SHERRY MESA has suffered lost earnings, future lost eamings, loss of business and employment opportunities, as well as a permanent Toss of eaming capacity. The full amount of these loses is not currently known to Plaintiff, who will move to amend this Complaint when such amounts become known, or upon proof at trial. 33. As a further direct and proximate result of the described dangerous condition, and the negligence and carelessness of Defendant PALM DESERT, and Defendants 1 through 100, inclusive, and each of them, Plaintiff SHERRY MESA has suffered damage to his property, which includes, but is not limited to, Toss of the value of his use of his property. The full amount of these loses is not currently known to Plaintiff, who will move to amend this Complaint when such amounts become known, or upon proof at trial. III. THIRD CAUSE OF ACTION (Loss of Consortium Against all Defendants, to include Does 1 through 100, inclusive) 34. Plaintiffs re -alleges paragraphs 1 through 33 as through fully set forth here. 35. At the time of the accident complained of herein, the Plaintiffs SHERRY MESA and RICK MESA were lawfully married and continue to be married. 36. Prior to the injuries sustained by Plaintiff SHERRY MESA, as described herein, she was able to and did perform her duties and obligations as a spouse. Subsequent to the described injuries, and as a direct and proximate result thereof, Plaintiff SHERRY MESA has been inhibited by injury and damage from fully performing the necessary duties as a spouse in that she can no longer perform the full work and services usually 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 performed by her in the care, maintenance, and management of the family home, as well as those things that are routine, regular, personal, comforting, affectionate, and intimate as the spouse to Plaintiff RICK MESA. 37. As a further direct and proximate result of the described dangerous condition, and the negligence and carelessness of Defendant PALM DESERT, and Defendants 1 through 100, inclusive, and each of them, as described herein, which resulted in the described injuries to his wife, Plaintiff RICK MESA was caused to suffer, and did suffer, and will continue to suffer in the future, distress, anxiety, loss of love, companionship, comfort, care, assistance, protection, affection, society moral support, and a loss of the enjoyment of intimate and sexual relations. WHEREFORE, the Plaintiffs prays for judgment against the Defendants, and each of them, as follows: 1. For general damages according to proof; 2. For special damages according to proof; 3. For interest upon any judgment upon trial rendered at the legal rate; 4. For attorneys fees and costs herein; 5. For all such other relief the court may deem proper under the circumstances. Dated: 6 , as, 2p 2-I 12 icalese, _ ' omey for Y and RICK MESA, Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Palm Springs Courthouse 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Case Number: CVPS2103100 Case Name: MESA vs RV MANAGEMENT CO., NOTICE OF DEPARTMENT ASSIGNMENT The above entitled case Is assigned to the Honorable David M. Chapman in Department PS2 for All Purposes. Any disqualification pursuant to CCP section 170.6 shall be filed in accordance with that section. The court follows Califomia Rules of Court, Rule 3.1308(a)(1) for tentative rulings (see Riverside Superior Court Local Rule 3316). Tentative Rulings for each law and motion matter are posted on the Internet by 3:00 p.m. on the court day immediately before the hearing at http://riverside.courts.ca.gov/tentativerulings.shtml. If you do not have Internet access, you may obtain the tentative ruling by telephone at (760) 904-5722. To request oral argument, you must (1) notify the judicial secretary at (760) 904-5722 and (2) Inform all other parties, no later than 4:30 p.m. the court day before the hearing. If no request for oral argument is made by 4:30 p.m., the tentative ruling will become the final ruling on the matter effective the date of the hearing. The filing party shall serve a copy of this notice on all parties. I • 6. Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA©riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (form MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) Dated: 07/07/2021 Cl-NODACV (Rev.02/1621) W. SAMUEL HAMRICK JR., Court Executive Officer/Clerk of Court V. Lopez, Deputy Clerk SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE Palm Springs Courthouse 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Case Number: CVPS2103100 Case Name: MESA vs RV MANAGEMENT CO., CITY OF PALM DESERT, NOTICE OF CASE MANAGEMENT CONFERENCE The Case Management Conference is scheduled as follows: ": -= HearingiDater'-- ;i._" a'_Heatin9 me_: :. i.-_ - -Department,. -_ 01103/2022 8:30 AM Department PS2 Location of Hearing: 3255 E. Tahquitz Canyon Way, Palm Springs, CA 92262 No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC, Rule 3.725. The plaintiff/cross-complainant shall serve a copy of this notice on all defendants/cross-defendants who are named or added to the complaint and file proof of service. Any disqualification pursuant to CCP Section 170.6 shall be filed in accordance with that section. I • L Assistive listening systems, computer -assisted real time captioning, or sign language interpreter services are available upon request if at least 5 days notice is provided. Contact the Office of the ADA Coordinator by calling (951) 777-3023 or TDD (951) 777-3769 between 8:00 am and 4:30 pm or by emailing ADA@riverside.courts.ca.gov to request an accommodation. A Request for Accommodations by Persons With Disabilities and Order (farm MC- 410) must be submitted when requesting an accommodation. (Civil Code section 54.8.) CERTIFICATE OF MAILING I certify that I am currently employed by the Superior Court of California, County of Riverside, and that I am not a party to this action or proceeding. In my capacity, I am familiar with the practices and procedures used in connection with the mailing of correspondence. Such correspondence Is deposited In the outgoing mail of the Superior Court. Outgoing mail is delivered to and mailed by the United States Postal Service, postage prepaid, the same day in the ordinary course of business. I certify that I served a copy of the Notice of Case Management Conference on this date, by depositing said copy as stated above. Dated: 07/07/2021 W. SAMUEL HAMRICK JR., Court Executive Officer/Clerk of Court by: �. V. Lopez, Deputy Clerk CMOCMC (Rev. O1116Q0)