Statement Case Management ConferenceCal. Super. - 6th Dist.August 9, 2017\e F D CM-110 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name. Sim Burma-noel. and Edam): ' FOR COURT USE ONLY Douglas M. Larsen. SBN 142852; Alison H. Samarin. SBN 234713 '20” NUV | 3 p 2: U8 / Fishman. Larsen & Callister 7112 N. Fresno Street. Suite 450, Fresno, CA 93720 12m no: 559-256-5000 FAX No. Iowan-I): 559-256-5005 EMAIL ADDRESS «I‘m-tar): I mama FOR mum Plaintiff, TURNER MANUFACTURING SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 N. First Street MNLINGADDRESS: 191 N. First Street WWUPGOOE' San Jose. CA 95113 “WW Downtown Superior Court PLAINTIFFIPETrTIONER: TURNER MANUFACTURING DEFENDANT/RESPONDENT: C & S TRUCK REPAIR; GEORGE SEVEBO. ET AL. CASE MANAGEMENT STATEMENT l “SE "UMBER (Check one): Q UNLIMITED CASE l:l LIMITED CASE [ 17 CV314265 (Amount demanded (Amount demanded' Is 525 000 exceeds $25,000) or less) I A CASE MANAGEMENT CONFERENCE Is scheduled as follows: Date: November 28, 2017 Time: 1:30pm Dept: 9 Div.: Room: Address of court (if dili‘ereni from the address above): I I: Notice 01 intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, amid the spccltled information must be provided. 1. :arty or parties (answer one): III This statement ls submitted by party (name) TURNER MANUFACTURING B F b. Cl This statement is submitted jointly by parties (names): ’ y aX 2. Complaint and cross-complaint (to be answered by plaintiffs and miss-complainants only) a. The complaintwas filed on (data): 1 b. l: The cross-complaint, if any, was filed on (date): ; 3. Service (to be answered by plaintiffs and cross-complainants only) I: All parties named in the complaint and cross-complaint have been sewed. have appeared. or have been dismissed. b. [E The following parties named in the complaint or cross-complaint (1) C] have not been served (specify names and explain why not): till have been served but have not appeared and have not been dismissed (specify names): C at S Trudt Repair; George Severe and c & 5 Mobile Truck Repair. Request for Entry of Default of all I I h tthem s set names: ave had a default entered agains ( p - ly ) Delendant’s have been filed on 10/18/2017. C] The following additional parties may be added (specify nanlas, nature 0! involvement In case, and date by which they may be served): l 4. Description oi case ' 3- Type 0' C959 In [II complaint Cl cross»complaint l (Describe, including causes of action): Me I at 6 ‘mflmw CASE MANAGEMENT STiATEMENT fl‘ififig WHO [Rn Job] I. 2011] l mun-meow CM-110 PLAINTIFF/PETITlONER: TURNER MANUFACTURING DEFENDANT/RESPONDENT: C 8: S TRUCK REPAIR; GEORGE SEiVERO. ET AL. CASE NUMBER: 17 CV314265 4. b. damages claimed, including medical expenses to date findicete so eemings to date, and estimated future lost eemings. If equitable re Defendant's fraudulently took money from Plaintiff to order wlthheld a refund. causing damages to Plaintiff. i: (If more space is needed. check this box and attach a page des Jury or nonjury tflal The party or parties request a jury trial E] a nonjury trial. requesting a jury trial): Trial date a. C] The trial has been set for (data): b. E No trial date has been set. This use will be ready for trial wi not, explain): C. . Estlmated length of trial The party or parties estimate that the trial will take (check one): a, [I] days (specify number): 1 day b. E hours (short causes) (specify): . Trial representation (to be answered for each party) The party or parties will be represented at trial [I] by the attorney Attorney: Firm: Address: Telephone number. E-mail address: '3 Additional representation is described in Attachment 8. 051.0579 Preference C] This case is entitled to preference (specify code section): 10. Alternative dispute resolutlon (ADR) a. ADR Infonnatlon package. Please note that different ADR proce the ADR information package provided by the court under rule 3.2 court and community programs in this case. (1) For parties represented by counsel: Counsel I: has Ci in rule 3.221 to the client and reviewed ADR options with the clie (2) For self-represented parties: Party [I] has :3 has not re b. Refenal to Judlclal arbltmtlon or civil action mediation (if availa (1) i: This matter is sub‘ect to mandatory judicial arbitration un mediation under ode of Civil Procedure section 1775.3 statutory limit. (2) I: (a) I: Plaintiff elects to refer this case to judicial arbitration and Civil Procedure section 1141.11. This case is exempt from judicial arbitration under mle 3. mediation under Code of Civil Procedure section 1775 6 Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and time and amount], estimated future medical expenses, lost lie! is sought, describe the nature of the relief.) a new engine, never purchased the engine, and has gneted as Attachment 4b.) (If more than one party, provide the name of each party hin 12 months of the data of the filing of the complaint (if Dates on which parties or attomeys will not be available for trial (specify dates and explain reasons for unavailability): or party listed in the caption E] by the following: 1. 9. Fax number. Party represented: 5593 are available in different courts and communities; read 21 for information about the processes available through the has not nt. provided the ADR information package identified viewed the ADR information package identified in rule 3.221. ble). :ler Code of Civil Procedure section 1141.11 or to civil action because the amount in controversy does not exceed the agrees to limit recovery to the amount specified in Code of ,811 of the California Rules of Courtor from civil action 1 seq. (specify exemption): CMv-ttOl'Roiny 1.20“] CASE MANAGEMENT srii TEMENT Plgazolb i CM-110 PLAINTIFF/PETITIONERI TURNER MANUFACTURING DEFENDANT/RESPONDENT: C & S TRUCK REPAIR; GEORGE SEVERO. ET AL. I CASE NUMBER: 17 CV314265 10. c. Indicate the ADR process or processes that the party or parties are 'ivilling to participate in, have agreed to participate in, or have already participated in (check all 075! apply and provide the specified information): The party or parties completing this form are wllllng to participate in the following ADR If the party orl parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes. indicate the status of the processes (attach a copy of the palties'ADR processes (check all the! apply): stipulation): l (1 ) Mediation I: [:1 Mediation session not yet scheduled Mediation session scheduled for (date): Agre'ad to complete mediation by (date): l Medi'ation completed on (date): i (2) Settlement E conference Settl ament conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settt ament conference completed on (date): (3) Neutral evaluation E] Neutral evaluation not yet scheduled NeutIral evaluation scheduled for (date): Agreied to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial E] arbitration i Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): I Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private E arbitration Privz to arbitration not yet scheduled Privz to arbitration scheduled for (date): Agreed to complete private arbitration by (date): Priv‘ to arbitration completed on (date): (6) Other (specify): '3 DDDD DDDD DDDD DDDD DDDD DDD ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADRI completed on (date): cwnotnovony Lzom Picnic” CASE MANAGEMENT STATEMENT cad-.1111 PLAINTIFF/PETITIONER: TURNER MANUFACTURING_ DEFENDANT/RESPONDENT: C 8. S TRUCK REPAIR; GEORGE SE\ CASE NUMBER; ERO, ET AL. 17 CV314265 11. insurance a. C] Insurance carrier, if any, for party filing this statement (name) b. Reservation of rights: E] Yes [:1 No 0. D Coverage issues will significantly affect resolution of this case 12. Jurisdiction indicate any matters that may affect the court's jurisdiction or processing :1 Bankruptcy CI Other (specify): Status: 13. Related cases, consolidation, and coordination a. I: There are companion, undertying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: CI Additional cases are described in Attachment 13a. b. I:| A motion to [:I consolidate [:1 coordinate 14. Bifurcation D The party or parties intend to file a motion for an order bifurcating action (specify moving party, type of motion, and reasons): 15. Other motions ‘2] The party or parties expect to file the following motions before tria After defaults are taken, Plaintiff will seek a Default Judgm 16. Discovery 9. :1 The party or parties have completed all discovery. b. E The following discovery will be completed by the date specifi m Description c, U The following discovery issues, including issues regarding th anticipated (specify): (explain): of this use and describe the status. will be filed by (name party): severing, or coordinating the following issues or causes of | (specify moving party, type of motion, and issues): ent against all Defendants. )d (describe all anticipated discovery): Date a discovery of electronically stored information, are W“°i“"~”1”°“' CASE MANAGEMENT STATEMENT "W“ CM-110 PLAINTIFF/PETITIONER: TURNER MANUFACTURING DEFENDANTIRESPONDENT: C 8: S TRUCK REPAIR; GEORGE SEYERO. ET AL. CASE NUMBER: 17 CV314265 17. Economic litigation 3. i:] 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 (il checked, explain specifically why eco should not apply to this case): 18. Other issues namic litigation procedures relating to discovery or trial E] The party or parties request that the following additional matters as considered 'or-determined'at‘the.case"management \ conference (specify); Clerk's office indicated it would take 10 months to enter a default. Plaintiff would like theécoj‘uit's consideration of thatissue andwhether it can be expedited. 19. Meet and confer a. [:1 The. party or parties have met and conferred with all parties or of Court {if not, explain): Defendant's have not appeared. all subjects required by rule33.724.of the-California Rules, b. Afler‘meeting and conferring as required by rule 3.724 of the Califarnia Rules of Court, the parties agree'on thevfollowing (specify): 20. Total number of_pages attached (ifeny): I am completely familiar with this case and will be fully 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: November 13, 2017 Alison H. Samarin i (nee on PRINT NAME) i (TYPE on mm NAME) (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) [:] Additional signatures are attached. CM-IiOlRevJuy 1.20"] CASE MANAGEMENT STAIiTEMENT Fags 5 of 5 b) O\OOO\)O\U\-l> 11 12 13 14 15 16 I7 18 19 20 21 22 2'3 24 25 26 27 28 PROOF OF SERVICE CCP§§1011,1013, 101 FRCP 5(0) STATE OF CALIFORNIA, COUNTY OF FRESNO I am employed in the County of Fresno, Ste not a pany to the within action; my business address is 711 California 93720. On November 13, 2017, I served the docu MANAGEMENT CONFERENCE STATEMENT on the'i the truecopies thereof enclosed in sealed envelopes addre by placing [:1 the original E a true copy thereof enclosed a» '\ FILED 3a. 2015.5 ZUI7 NOV 13 13 SCLEER PKOI' 1611,f .'. I’ERIO RC CURI C CSOUNTY 0F SAL-J 'aJT: (‘ te of California. I am ové‘rml age 0 ._ 2N Fresno Street Suite 450 resno, nenl described'as PLAINTIFF S CASE nterested parties in thisaction E] by placing ssed as stated on the attaChedmailing list:I n sealedenvelopes addressed as.follows: C- & S Truck Repair 57 South Autumn. Street San Jose. CA 95110 C & 8 Mobile Truck Repa 57 SouthAutumn Street San Jose, CA 95110 r I George Severo A 57 South. Autumn Street San Jose, CA 951.10 El BY'MAIL D l deposited such envelope in the mail at Fresno, California, The envelope'was mailed with postage thereon fully prepaid. .As follows Iam' ‘readily familiaI” processing correspondence for mailing Under that practice it would be deposited with U. S postal service on that same Fresno, California In the ordinary cour'se of business. I am aware that on__ motion of the party served service is presumed meter date is more than one~day after (BY PERSONAL SERVlCE) I caused such envelop addressee(s) as shown above. at'the fax number(s) shown. (BY OVERNIGHT COURIER) I caused the above-r service for delivery to the addressee(s). Executed on November 13, 2017, at Fresnr , [Z (State) above is true and correct. 1:] (Federal) I declare under penalty of perjury u that the above is true and correct a member of the bar of this Court at whose direction the service'was made. Lo'ri Sinclair LITIGATION ADV. C 6 S MOBILE TRUCK REPAIR (BY FAX) I caused the above- referenced document to be transmitted by fax to the addressee(s) I declare under penalty of perjury urder the laws of the State of California that the with the t” rm 5- practice. of collection: and 'day with postage thereon fully prepaid at invalid if postal cancellation 'date or postage date of deposit for mailing in affidavit. a to be delivered by hand to the offices of the aferenced envelope(s) to be given to a courier California. nder the laws of the United Statesof America nd that I am employed in the office of a CASE NO. 1701314265