Statement Case Management ConferenceCal. Super. - 6th Dist.May 10, 2018ATTORNEYORPARTYWITHOUTATTORNEY(Name,Slel 8 ~ bw d dd ) ivlichael D. Schoeck SBN: 277945 Law Offices ofHartsuyker, Stratman & Williams-Abrego 4607 Lakeview Canyon Rdu Suite ¹275 Westlake Village, California 91361 TELEPHCNENO (818) 540-4415 FAXNO foplon l)(818) 540-4445 E.MML AOORESS tOpinned Zulma.tcxartufarmerSinguran00,COm ATTORNEY FOR TNa~i 21St Century InSuranCe COmpany SUPERIOR COURT OF CALIFORNIA,COUNTY OF SANTA CLABA sTREETAOOREss 191 N 1st Street MAiuNC AooREss 191 N 1st Street clN ANczlPOQOE San Jose, CA 951 13 aR)NcH NAME Downtown Superior Cout1 PLAINTIFF/PETITIONER:21st Century Insurance Company DEFENDANT/RESPONDENT: Tresser's Towing Service, et al. FOR COURT USE ONLY CM-110 (Check one): CASE MANAGEMENTSTATEMENT CASE NUMBER UNLIMITEDCASE IXI LIMITEDCASE 18CV328084 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENTCONFERENCE is scheduled as follows Date'August 21, 2018 Time:3:00pm Address of court (ifClfferenl from the address above) Dept.:19 Divz Room: ~ Notice of Intent to Appear by Telephone, by (name)7 INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~X This statement is submitted by party (name):21st Century Insurance Company b. ~ This statement is submitted jointly by parties (names) 2. Complaint and cross-complaint (to be answered by p/a/n¹//s and cross-comp)a/nants only) a The complaint was filed on (dale): May 10, 2018 b. ~ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/a/nants only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~X The following parties named in the complaint or cross-complaint (1) ~ have not been served (speafy names and exp/ain why not): (2) ~X have been served but have not appeared and have not been dismissed (specify names): Tresser's Towing Service, also doing business as Tresser's Tow Service c/o Horacio Freitass (3) ~ have had a default entered against them (spec/fy names): c. ~ The following additional parties may be added (specffy names, nature of invo/vernant in case, and date by which they may be served). 4 Description of case a. Type of case in ~X complaint subrogation. cross-complaint (Describe, tncluding causes of action): Motor vehicle F rmAd pted for Ma d t 0 Us Judtual Counnl of Calttornra CM 110 IRe July 1, 20111 CASE MANAGEMENTSTATEMENT Page 1 of 5 Cal Rules of Court, rul 3 720-3 730 n ulu maf oa gnu WestlancorbFo Bards Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/7/2018 11:33 AM Reviewed By: A. Rodriguez Case #18CV328084 Envelope: 1807324 18CV328084 Santa Clara - Civil CM-1 10 t PLAINTIFF/PETITIONER: 21st Century Insurance Company I8CV328084 DEFENDANT/RESPONDENT'resse's Towing Service, et al. 4. b. Provide a brief statement of the case, includmg any damages (Ifpersonal injury damages are sought, specify the injury and damages claimed, Including medical expenses to dale (indicate sour'ce and amount), estimated future medical expenses, lost earnings to dale, and estimated fulure lost earnings. Ifequilable relief is sought, describe lhe nature of the rebef) Plaintiffis s subrogating insurance carrier seeking recovery for property damage only in the principle sum of $ 7,405.25, relative to an automobile accident as described in Plaintiffs complaint. Plaintiffis in the process of submitting a Default Judgment Packet. (Ifmore space is needed, check tlgs box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request ~ a jury tnal [Z a nonjury trial. (I(more then one party, provide the name of each party requesting ajury trial): 6. Trial date a. ~ The trial has been set for (date): b, ~X 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 nat, explain): c. Dates on which parties or attorneys will not be available for tnal (specify dales and explain reasans for unavailability): 7. Estimated length of trial The party ar parties estimate that the trial will take (check one): a ~ days (specify number): b ~X hours (short causes) (specify): B. Trial representation (ta be answered for each party) The party or parties will be represented at trial ~ by the attorney ar party hated in the caption a. Attorney: b. Firm: c. Address: d Telephone number f Fax number: e E-mail address. g. Party represented Additional representation is described in Attachment 6 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) ~ by the following 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 C3 has H has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) Forself-represented parties: Party H has M has not reviewedthe ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ~ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ Plaintiff elects to refer this case ta judicial arbitration and agrees to limit recovery to the amount spemfied in Code of Civil Procedure section 1141.11. (3) ~ This case is exempt tromludicial arbitration under rule 3811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq (specify exemption): cu 110 [R July 1, 2011I CASE MANAGEMENTSTATEMENT Page 2 ef 5 PLAINTIFF/PETITIONER: 21st Century Insurance Company EFENDANT/RESPONDENT; Tresse'5 Towing Seivice, et al. ! CASE NUMBER I BCV328084 CM-110 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 partimpated in (check all that apply and provide the specified information). The party or parties completing this form are willing ta participate in the following ADR processes (check all thai apply): If the party or 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 (altach a copy of the parties'DR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (dafe): Agreed to complete mediatian by (dare): Mediation completed on (dale): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (daie): Agreed to complete settlement conference by (dale) Settlement conference completed on (dale). (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (dale). 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 (dale): Judicial arbitration completed on (dale) (5) Binding pnvate arbitration C7 Private arbitration not yet scheduled Private art>itratian scheduled for (dale): Agreed to complete pnvate arbitration by (date): Pnvate arbitration completed an (date). (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (dsie). ADR completed on (dale). CM.110 IRe . Jeiy 1, 3011] CASE MANAGEMENTSTATEMENT Pege 3 ef 5 PLAINTIFF/PETITIDNERB)stCeritury Insurance ComPany DEFENDANT/RESPDNDENBTresse'5 Towina Service, et ai. CASE NUMBER 18CV 328084 CM-110 11 Insurance a. ~ Insurance carrier, if any, for party fiiing this statement (name): b. Reservation of rights: M Yes ~ No c. ~X Coverage issues will significantly affect resolution of this case (explain): 12 Jurisdiction Indicate any matters that may affect the court's junsdiction or processing of this case and descnbe the status.~ Bankruptcy C] Other (specify): Status. 13. Related cases, consolidation, and coordination~ There are companion, underlymg, or related cases. (1) Name of case; (2) Name of court (3) Case number (4) Status~ Additional cases are described in Attachment 13a. b. E3 A motion to W consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, sevenng, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions~ The party or parties expect to file the following motions before tnal (specify moving party, type of motion, and issues)'6. Discovery a. ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (describe all anticipated discovery): Para Descnotion Date c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify) CM11BIR J 511,25111 CASE MANAGEMENTSTATEMENT Page 4 o1 5 PLAINTIFF/PETITIONER.21st Century Insurance Company DEFENDANT/RESPONDENT: Tressc'5 Towing Service, et sl. CASE NIJMSER IBCV328084 CM-110 17. Economic litigation a. ~ 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, ~ This is a limited civil case and a motion to withdraw the case from the economic htigation procedures or for additional discovery will be filed (ifchecked, explain specifically why economic (iiigalion procedures re(a ling lo discovery or trial should nol apply io this case): 18. Other issues~ The party or parties request that the followmg 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 ah subjects required by rule 3.724 of the California Rules of Court (ifnol, explain) b. After meetmg and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (ifany): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternatwe 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'ugust+, 2018 (VIichsel D. Schoeck. Eso. (TYPE OR PRINT NAMEI (S!GNATUREOF PARTY OR ATTQRNEYI iTYPE OR PRINT NAMEI (SIGNATURE OF PARTY QR ATTQRNE()~ Additional signatures are attached CM.110 (R Y Jolr I, 2011( CASE MANAGEMENTSTATEMENT Page 5 ef 5 1 PROOF OF SERVICE (C.C.P. Ijtj1013a, 2015.5 and FRCP 5) 2 STATE OF CALIFORNIA,COUNTY OF LOS ANGELES: I am a citizen of the United States, over the age of eighteen years and not a party to the within entitled action. I am employed at the Law OAices ofHartsuyker, Stratman & Williams- 5 Abrego, at 4607 Lakeview Canyon Rd., Suite 275, Westlake Village, California 91361. On Auaust 7, 2018, I served the attached described document: PLAINTIFF'S CASE MANAGEMENTSTATEMENT 8 on the interested party(ies) in said action, by placing a true copy thereof, enclosed in a sealed 9 envelope, addressed as follows: Tresser's Towing Service, also doing business as Tresser's Tow Service c/o Horacio Freitas 1307 N Carolan Ave., Burlingame, CA 94010 12 Defendant in Pro Per 13 and served the named document in the manner indicated below: 14 15 16 17 18 [XXj BYMAIL: I caused true and correct copies of the above documents, by following ordinary business practices, to be placed and sealed in envelope(s) addressed to the addressee(s), at the Law Offices ofHartsuyker, Stratman &Williams-Abrego, at 4607 Lakeview Canyon Rd., Suite 275, Westlake Village, California 91361, for collection and mailing with the United States Postal Service, and in the ordinary course ofbusiness, correspondence placed for collection on a particular day is deposited with the United States Postal Service that same day. 19 I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. Executed on Auaust 4, 20 rnia. 20 21 22 Zulma To ar 23 24 25 26 27 I PROOF OF SERVICE
