Statement Case Management ConferenceCal. Super. - 6th Dist.September 4, 2018CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Kevin H. Park SBN: 96562 Hartsuyker, Stratman & Williams-Abrego 4607 Lakeview Canyon Rd., #275 Westlake Village, CA. 91361 TELEPHONE NO.: 8 J 8-540-44 J 7 FAX NO. (OptionaQ: 818-540-4445 E-MAIL ADDRESS (OptionaQ: cindy.canchola@farmersinsurance.com ATTORNEY FOR (Name): Mid Century Insurance Company SUPERIOR COURT OF CALIFORNIA, COUNTY OF _ _.;f\tJlf\ (. 4W--P, STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY ANDZIPCODE:San Jose, 95113 BRANCH NAME:Downtown Superior Court PLAINTIFF/PETITIONER: Mid-Century Insurance Company DEFENDANT/RESPONDENT: JB Products CASE MANAGEMENT STATEMENT (Check one): OD UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: CASE NUMBER: 18CV334372 Date:May7,2019 Time:l:30p.m. Dept.:9 Div.: Room: Address of court (if different from the address above): OD Notice of Intent to Appear by Telephone, by (name): Kevin H. Park INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. OD This statement is submitted by party (name):Mid-Century Insurance Company 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):September 4, 2018 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. OD All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. OD 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) D 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 date by which they may be served): 4. Description of case a. Type of case in OD complaint D cross-complaint (Describe, including causes of action): Property damage subrogation, wherein Defendant's water supply line burst, damaging our insured's property. Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page1 of5 Cal. Rules of Court, rules 3. 720-3. 730 www.courts.ca.gov Westlaw Doc & Form Builder Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/23/2019 12:28 PM Reviewed By: System System Case #18CV334372 Envelope: 2793009 18CV334372 Santa Clara - Civil System System CM-110 1- PLAINTIFF/PETITIONER: Mid-Centmy Insurance Company CASE NUMBER: 18CV334372 DEFENDANT/RESPONDENT: JB Products 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.) Plaintiff is a subrogating insmance carrier seeking recovery for property damage only in the principal sum of $41,341.33, according to proof. D (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 D a jury trial [J[] a nonjury trial. (If more than one parly, provide the name of each parly requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. DD 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 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. DD days (specify number):two b. D hours (short causes) (specify): 8. Trial representation (to be answered for each parly) The party or parties will be represented at trial [J[] by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: P.O. Box 248916, Oldahoma City, OK. 73124 d. Telephone number: f. Fax number: e. E-mail address: D Additional representation is described in Attachment 8. g. Party represented: 9. Preference D 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 DD 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 D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 orto civil action mediation under 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) D 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-110(Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page2 of 5 CM-110 PLAINTIFF/PETITIONER: Mid-Century Insurance Company CASE NUMBER: - DEFENDANT/RESPONDENT: JB Products 18CV334372 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): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parlies' ADR processes (check all that apply): stipulation): DD Mediation session not yet scheduled DD D Mediation session scheduled for (date): (1) Mediation D Agreed to complete mediation by (date): D Mediation completed on (date): D Settlement conference not yet scheduled (2) Settlement D D Settlement conference scheduled for (date): conference 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): (3) Neutral evaluation D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled D D ADR session scheduled for (date): (6) Other (specify): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3of5 - PLAINTIFF/PETITIONERMid-Centmy Insurance Company CASE NUMBER: 18CV334372 DEFENDANT/RESPONDENTJB Products 11. Insurance a. DD Insurance carrier, if any, for party filing this statement (nameJ:Mid-Centmy Insurance Company b. Reservation of rights: D Yes D No c. D 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D 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. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. DD The following discovery will be completed by the date specified (describe all anticipated discovery): .E.fil:rl Description Date Plaintiff Written discovery to be propounded c. D 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 4of 5 PLAINTIFF/PETITIONER:Mid-Centuty Insurance Company DEFENDANT/RESPONDENT: JB Products 17. Economic litigation CASE NUMBER: 18CV334372 CM-110 a. D 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. D 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 D 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. OD 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): Parties are undergoing discove1y. 20. Total number of pages attached (if any): ---- 1 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 ::t::a:: 1 ::::g 2 :~:nt conference, including the written authority of the pa►~ whe~ 1 ire: ~ !} ____ _ KevinH.Pruck /~ F L- (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) CM-110 [Rev. July 1, 2011) (SIGNATURE OF PARTY OR ATTORNEY) ► (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CASE MANAGEMENT STATEMENT Page5of5 1 2 3 4 5 PROOF OF SERVICE (C.C.P. §§1013a, 2015.5 and FRCP 5) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: action. I am a citizen of the United States, over the age of eighteen years and not a party to the within entitled I am employed at 31051 Agoura Rd., Westlake Village, California 91361. On _ _ Lf_ 1 _,__/ z. __ ~+1_(_9 ______ , I served the attached described document: 6 CASE MANAGEMENT STATEMENT 7 on the interested party(ies) in said action, by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ernest L. Weiss, Esq. Klinedinst PC 5 Hutton Centre Dr., Ste. 1000 Santa Ana, CA. 92707 and served the named document in the manner indicated below: [XX] BY MAIL: 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 offices of LAW OFFICES OF HARTSUYKER, STRATMAN & WILLIAMS-ABREGO, 31051 Agoura Road, Westlake Village, California 91361, for collection and mailing with the United States Postal Service, and in the ordinary course of business, correspondence placed for collection on a paiticular day is deposited with the United States Postal Service that same day. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] BY FACSIMILE: I caused a copy(ies) of such do.cumeo!.{__s) to be transmitted via facsimile machine. The fax number of the machine from which the docume was transmittedwa ax number: (818) 540- 4445. The fax number(s) of the machine(s) to which the documen (s) wer m-i ed are ·sted above. The fax transmitted was rep01ted as complete and without error. I caused th nsmitting facs· transmission record of the transmission, a copy of which is attached to · · tion. [XX] (STATE) I declare under pe foregoing is true and correct. Executed on _ _LJ~~L ____ __::==::::::~~~3}