Case Management Status Conference Statement

Cal. Super. - 6th Dist.June 28, 2017

FILED 9/12/2017 1:40 PM Alex Calvo, Clerk By: Araceli Lopez Deputy, Santa Cruz County CM-110 ATTORNEY OR PA‘RTY WITHOUT ATTORNEY (Name. State Bar number. and address): FOR COURT USE ONLY ERIKA grBORNSTEIN SBN313531 LAW OFFICES OF CATHERINE A WALSH 1800 SUTTER ST STE 260 CONCORD, CA 94520 TELEPHONE ”0-1 925 -825-9500 W m (”"0”“): 925-825-971 6 E-MAILADDRESS (Optional): : ATTORNEY FOR (Name): DEFENDANT, DARRYL SHAPIRO 1 l . ' SUPERIOR COURT OF CALIFORNIA. COUNTY OF SANTA CRUZ ' . STREET ADDRESS: 701 OCEAN ST MAILING ADDRESS: SAME CITY AND ZIP CODE: SANTA CRUZ, CA 95060 BRANCH NAME: PLAINTIFF/PETITIONER: DAVID VAN INETTI DEFENDANT/RESPONDENT: DARRYL SHAPIRO CASE MANAGEMENT STATEMENT CASE NUMEER: (Check one): UNLIMITED CASE :1 LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or ‘ess) 17CV01689 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 10/31/2017 Time; 8:30am Dept: Div; Room: Address of court (if different from the address above): Notice of intent to Appear by Telephone, by (name): ERIKA K. BORNSTEIN INSTRUCTIONS: All applicabie boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): DEFENDANT, DARRYL SHAPIRO b. [:3 This statement is submitted jointiy by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. [:1 The cross‘complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [:l Ail parties named in the complaint and cross-complaint have been served. have appeared, or have been dismissed. b_ [:3 The following panies named in the complaint or cross-complaint (1) C} have not been served (specify names and explain why not): (2) I: have been sewed but have not appeared and have not been dismissed (specify names): (3) I:] have had a default entered against them (specify names): 0. I: The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of ca§e 8- Type Of case In complaint [3 cross-complaint (Describe, including causes of action): PERSONAL INJURY Page 1 of 5 Fan-n Ada zed for Mandala Use Cal, Rules of Coun, JudicialpCouncil of Califomia CASE MANAGEMENT STATEMENT rules 11720-1730 CM-‘i 1 O [Rem July 1, 2011] www.murts‘cagov LaxisNexis® A utamated California Judicial Council F arms CM-110 _ PLAINTIFF/PETITIONER: DAVID VANINETTI CASE NUMBER: DEFENDANT/RESPONDENT: DARRYL SHAPIRO 17CV01689 4. b. Provide a brief statement of the case, including any damages (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) INCIDENT OCCURRED ON 7/28/2015; PLAINTIFF SEEKING WAGE LOSS; LOSS OF USE OF PROPERTY; HOSPITAL AND MEDICA EXPENSES, GENERAL DAMAGE; PROPERTY; DAMANGE; LOSS OF EARNING CAPACITY I:l (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury tria! The party or parties request a jury trial :1 a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. C] The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which panies or attorneys will not be availabie for trial (specify dates and explain reasons for unavailability): SEE ATTACHMENT 7. Estimated length of trial The party or patties estimate that the trial will take (check one): a. days (specibl number): 5 TO 7 b. Cl hours (shod causes) (specify): 8. Trial representation (to be answered for each party) The party or panies will be represented at trial by the attorney or party listed in the caption [:3 by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f, Fax number: e. E-mail address: 9, Party represented: [:3 Additional representation is described in Attachment 8. 9. Preference |:] This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are availabie in different courts and communities; read the ADR information package provided by the coun under rule 3.221 for information about the processes available through the coun and community programs in this case. (1) For parties represented by counsei: Counsel II has I: has not provided the ADR information package identified in ruie 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party [:3 has C! has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [:3 This matter is sub’ed to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under ode of Civil Procedure sectnon 1775.3 because the amount in controversy does not exceed the statutory limit. (2) [:3 Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141 ‘1 1. (3) [:3 This case is exempt from judicial arbitration under ruie 3.811 of the California Rules of Coudor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): WW [Rem My 1' 2°"! CASE MANAGEMENT STATEMENT “992°” LexisNexis® Automated California Judicial Council Forms CM-110 __ PLAINTIFF/PETITIONER: DAVID V ANINETTI DEFENDANT/RESPONDENT: DARRYL SI‘IAPIRO CASE NUMBER: 17CV01689 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already panicipaled in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to panicipate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the padies‘ ADR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduied for (date): Agreed to complete settlement conference by (date): Settlement conference compieted on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled :1 ADR session scheduled for (date): (6) Other (specify): DUDE] DUDE] DUDE DUDE DUDE] DUE Agreed to complete ADR session by (date): ADR completed on (date): CM-1101Rev. July 1. 2011] CASE MANAGEMENT STATEMENT Page 3 a! 5 LexisNexis® Automated Calybrnia Judicial C ouncil Forms PLAINTJFF/PETITlONER: DAVID VANINETTI CASE NUMBER: -DEFENDANT/RESPONDENT: DARRYL SHAPIRO 17CV01689 11. Insurance a, Insurance carrier, if any, for party fiiing this statement (name): GEICO GENERAL INSURANCE b, Reservation of rights: I: Yes No c. I:I Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status [:3 Bankruptcy :3 Other (specily): Status: 13. Related cases, consolidation, and coordination a. |:] There are companion, underlying, or related cases. (1) Name of case; (2) Name of court: (3) Case number: (4) Status: [:1 Additional cases are described in Attachment 13a. b. I: A motion to E] consolidate I:I coordinate will be filed by (name party): 14. Bifurcation I: The party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15, Other motions CI The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a_ [:3 The party or parties have completed all discovery. b. The following discovery will be compieted by the date specified (describe all anticipated discovery): m Description % DEFENDANT WRITTEN DISCOVERY 30 DAYS BEFORE TRIAL DEFENDANT SUBPOENAS 30 DAYS BEFORE TRIAL DEFENDANT DEPOSITIONS 30 DAYS BEFORE TRIAL c. :1 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OIRBV- My 1: 2°“! CASE MANAGEMENT STATEMENT Page-W LexisNexis® A utomatea' California Judicial Council F arms 10 ll 12 l3 14 15 16 l7 l8 19 20 21 22 23 24 25 26 27 28 ERIKA BORNSTEIN STARTING TRIAL DATES GILBERT V’ SCHNELLER OCTOBER 17, 2017 RASHID B DELANEY OCTOBER 23, 2017 STEINER V. MENDOZA NOVEMBER 13, 2017 THOMIN G V MARSHALL DECEMBER 18, 2017 MORALES V FIRESTONE DERNAY JANUARY 12, 2018 CORBOLOTTI V LYTZ JANUARY 29, 2018 .AGUTRRE V LEVERONI FEBRUARY 2, 2018 KING V SEMO FEBRUARY 20, 2018 LOFTIN V SHULGA MARCH 5, 2018 ROSAS V FOTHERINGHIM MARCH 12, 2018 AVILA V PATUBO MARCH 12, 2017 WONG V HECKMAN MARCH 12, 2017 SILVA V LYTZ APRIL 2, 2018 TRAN V GILL APRIL 3, 2018 MICKINNEY V CORTBZA APRIL 16, 2018 KURT V GRAVES APRIL 20, 2018 CATHER V. UYDER APRIL 23, 2018 KROSS V HARRELL MAY 11, 2018 BAUTISTA V CHIN MAY 18, 2018 ACTUAL TRIAL MAY 29, 2018 DECHAKUL V MONTEVERDE JULY 23, 2018 CM-110 PLAINTIFF/PETmONER: DAVID VANINETTI CASE NUMBER: DEFENDANT/RESPONDENT: D ARRYL SHAPIRO 17CV01689 17. Economic litigation 3. 1:3 This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case‘ b. I:] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18‘ Other issues [:3 The party or parties request that the foliowing additional matters be considered or determined at the case management conference (specify): 19‘ Meet and confer a. X: The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b, After meeting and conferring as required by rule 3724 of the California Rules of Court the parties agree on the foliowing (Specify): 20. Total number of pages attached (if any): I am completely familiar with this case and will be fuliy prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: a.” {2’ ERIKA K. BORNSTEIN D (TYPE OR PRINT NAME) (SIGNAT (SIGNATURE OF PARTY OR ATTORNEY) E] Additional signatures are attached. E OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) GM-“O [Rem My 1'20“] CASE MANAGEMENT STATEMENT “9° 5°” LexisNexix® Automated California Judicial Council F arms 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE -- BY MAIL gC.C.P. §1013(a)§1 [131 [Vaninetti v. Shagiro] Santa Cruz Superior Court Unlimited CASE NO.: 17CV01689} The undersigned declares: I am a citizen of the United States and am employed in the County of Contra Costa, State of California. I am over the age of 18 years and not a party to the within action. I am employed by the Law Offices of Catherine A. Walsh, and my business address is 1800 Sutter Street, Ste. 260, Concord, CA 94520. ‘ On September 152-. , 2017, I served the attached CASE MANAGEMENT STATEMENT on the parties to said action by depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid, in the United States mail in Concord, California, addressed as follows: For Plaintiff DAVID VANINETTI Tab Mitchell LAW OFFICE TAB MITCHELL 390 Fifth Street Hollister, CA 95023 800-345-4529 Executed on September ’3\ , 2017. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (a )R ‘ \ mg» ‘13.-