Statement Case Management Conference

Cal. Super. - 6th Dist.August 30, 2017

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Kathryn C. Klaus 205923 Coddington, Hicks & Danforth 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065 I TELEPHONE NO : (650) 592 - 5 4 0 0 FAX NO.(Optiona/): (650) 592 - 5 027 E-MAILADDRESS(OPtional): kklaus@chdlawyers.com ATTORNEYFOR(Name)" Defendants CSAA IE and Khanh Quoc Bui SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 1 9 1 Nor t h Fir s t S t r e e t MAILING ADDRESS San J 0 s e , C a I i for n i a 9 5 113 CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: Dmi t ry Ma i z e I DEFENDANT/RESPONDENT: CSAA Insurance Exchange, et al. CASE MANAGEMENT STATEMENT (Check onej: au UNLIMITED CASE 0 LIMITED CASE (Amount demanded (Amount demanded is $25,000 CM-11Q FOR COURT USE ONL Y CASE NUMBER: 17CV316966 exceeds $25,000) or less) ____ _____ .• _. ___ ______ -'---______ ---'-_________ ....1...-_____________ --------l A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 8, 2019 Time: 10: 00 a. m. Dept.: 19 Div.: Room: Address of court (if different from the address above): IX) Notice of Intent to Appear by Telephone, by (name): Kathryn C. Klaus INSTRUCTIONS: Ail applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. IX) This statement is submitted by party (name): CSAA Insurance Exchange and Khanh Quoc Bui b. D This statement is submitted jointly 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. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. 0 All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) 0 have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Type of case in IX) complaint o cross-complaint (Describe, including causes of action): Complaint for motor vehic le persona l injury and property damage . Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1. 2011) C[B8 1 Essential ceu.com ~;a Forms- CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Court, rules 3.720-3 . 730 www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/7/2019 12:10 PM Reviewed By: System System Case #17CV316966 Envelope: 2345258 17CV316966 Santa Clara - Civil System System CM-110 PLAINTIFF/PETITIONER:Dmi try Maizel CASE NUMBER: 17CV316966 DEFENDANT/RESPONDENT:CSAA Insurance Exchange, et al. 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) o (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request IX) a jury trial 0 a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. 0 The triai has been set for (date) : b. W No trial date has been set. This case will be ready for tria! within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. D days (specify number): b. 0 hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial !Xl by the attorney or party listed in the caption D by the following : a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: o Additional representation is described in Attachment 8. 9. Preference o 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 available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel !Xl has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party D has 0 has not reviewed the ADR information package identified in rule 3.221 . b. Referral to judicial arbitration or civil action mediation (if available) . Ci) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) 0 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-1 10 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CEB" I ~~enti~! ceb.com .1.l forms I CM-110 I-- CASE NUMBER: 17CV316966 PLAINTIFF/PETITIONER:Drni try Mai zel DEFENDANT/RESPONDENT:CSAA Insurance Ex change, et al. 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 participated in (check all that apply and provide the specified information): II The party or parties completing this form are willing to I If the party or parties completing this form in the case have agreed t~11 I participate in or have already completed an ADR process or processes, I I I : ("1) Mediation (2) Settlement conference (3) Neutral evaluation (4) Nonbinding judicial arbitration I (5) Binding private arbitration I (6) Other (specify): CM-110 [Rev. July 1, 2011] C[B" I Essential ~..),cor., EFol'ms' I I I participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check al/ that apply): stipulation): : IX) Mediation session not yet scheduled !Xl o Mediation session scheduled for (date): D Agreed to complete mediation by (date) : I o Mediation completed on (date): I IX) Settlement conference not yet scheduled !XI D Settlement conference scheduled for (date): D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date) : D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled 0 D Judicial arbitration scheduled for (date): I D Agreed to complete judicial arbitration by (date): I D judicial arbitration completed on (date): D Private arbitration not yet scheduled 0 I o Private arbitration scheduied for (date): I D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): o ADR session not yet scheduled o o ADR session scheduled for (date) : D Agreed to complete ADR session by (date): D ADR completed on (date): CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER: Dmi try Mai zel I CASE NUMBER: 17CV316966 DEFENDANT/RESPONDENT: CSAA Insurance Exchange, et al. 11. Insurance a. 0 Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: DYes 0 No c. 0 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. o Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. 0 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. 0 A motion to D consolidate D coordinate 14. Bifurcation will be filed by (name party): CM-110 D 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 o The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. 0 The party or parties have completed all discovery. b. IX) The following discovery wiii be compieted by the date specified (describe all anticipated discovery): Party Description De fendants Written Discovery Defendants Depositions Defendants Expert Discovery Date Spring 2019 Spring 2019 Per Code c. 0 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page 4 of 5 C[B" , ~$S .. i entia! ceb.com )l::"'! Forms CM-110 I CASE NUMBER: 17CV316966 [ PLAINTIFF/PET!TIONER: Dmitry Maizel DEFENDANT/RESPONDENT: CSAA Insurance Exchange, et ale 17. Economic litigation a. 0 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. 0 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) : 'i s. Other issues o The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. IXl 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 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Tota! number of pages attached (if any): 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 confeience, including the written authority of the party where required . Date: December 20, 2018 Kathryn C KJal1s CM·110 [Rev. July 1, 2011] C. [B~ I Essentla! CC!b.com .0F@rms (TYPE OR PRINT NAME) (TYPE OR PRINT NAMEi ~~~~---------- ~ ------------------------------------------------ (SIGNATURE OF PARTY OR ATTORNEY) o Additional signatures are attached. CASE MANAGEMENT STATEMENT Page 5 of 5 1 2 3 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.25 i Federal Rule of Civil Procedure Rule 5(b) 4 I, the undersigned, declare that I am employed in the County of San Mateo, State of 5 California. I am over the age of eighteen (18) years and not a party to the within action. My 6 business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My , 7 electronic mail address is Eva@chdlawyers.com. 8 I am readily familiar with my employer's business practice for collection and processing 9 1 of correspondence and documents for mailing ~with the United States Postal Service, inailing via 10 overnight delivery, transmission by facsimile machine, and delivery by hand. 11 On January 7, 2019, I served a copy of each of the documents listed below by placing 12 said copies for processing as indicated herein. 13 CASE MANAGEMENT STATEMENT 14 =-=X~_ 15 16 17 18 19 20 21 22 23 24 '1';: II 4.-..1 26 28 United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes 'with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the ?arty or attorney to be served at the facsimile machine telephone number proviaed by said party or attorney, on this same date in the ordinary course of uuslness. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 1 2 3 4 5 6 7 8 10 11 State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/ or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule 0 f Court Rufe 2.257 (a). Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in mv employer's office. I have received no indication the electronic transmission did . not reach L the recipient. PERSONS OR PARTIES SERVED: Dmitry Maizel 280 Los Palmos Way San Jose, CA 95119 12 Telephone: (415) 203-6210 Facsimile: 13 E-mail: 14 15 16 17 18 19 I 20 II 21 22 23 24 2s1 26 27 28 I certify (or 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 January 7,2019. EvaOli~ Court: Superior Court if California, Santa Clara County Action No: 17CV316966 Case Name: Maizel v. Bui