Statement Case Management ConferenceCal. Super. - 6th Dist.October 10, 2018180V3361 3O Santa Clara - Civil Syscmsvmm ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY H . Gregory Nelcl’} , Esq . (SBN 1 1 8 2 5 8) Electronically Filed Rebegca D . Ma'rtlno , Esq . (SBN 23 6 094) by Superior Court of CA,Coddlngton, Hicks & Danforth Redwood city, CA 94065 County of Santa Clara, TELEPHONEN0.: (650) 592-5400 FAXNo.(0ptiona/): (650) 592-5027 on 11/30/2020 2:01 PM E-MAIL ADDRESS(0ptiona/): rmartino@chdlawyers . com RGVieWed By: system system ATTORNEY FOR (Name): DefS . Anna Kingsmith and Dean Smith Case #1 8CV336130 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 537751 4 STREETADDRESS: l9]. North First Street MAILING ADDRESS: CITYANDZIPCODE: San Jose , California 9 5 113 BRANCH NAME: HAWHHWEnnomm: Dillan M. Middlebrooks DEFENDANT/RESPONDENT: Anna Kingsmi th and Dean Smi th , et a1. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): fl UNLIMITED CASE D LIMITED CASE l 8CV3 3 6 l 3 O (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 15, 2020 Time: 11:00 a.m. Dept.: 8 Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Rebecca D . Martino , Esq . INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): Defendants Anna Kingsmith and Dean Smith 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. D A|| 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) 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 the date by which they may be served): 4. Description of case a. Type of case in m complaint D cross-complaint (Describe, including causes of action): Plaintiff alleges injuries,wage loss, general damages and property damage arising out of a motor vehicle accident. Page 1 of 5 Form Adopted for Mandatory Use , . Cal. Rules of Court, Judicial Council of California C-EB Essentlal CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 10 [Rev. July 1, 201 1] “ham EFoms- www.coun‘s.ca.gov Middlebrooks v. Kingsmith, et al CM-11O _ PLAINTIFF/PETITIONER:Di l lan M . Middl ebrOOkS CASE NUMBER: 18CV33613O DEFENDANT/RESPONDENT: Anna Kingsmi th and Dean Smi th et a1. 4. b. Provide a brief statement of the case, including any damages. (prersonal 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 alleges injuries and property damage arising out of a motor vehicle accident which occurred on November 26, 2016. 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 m a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. m No trial date has been set. This case wi|| 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 wi|| not be available for trial (specify dates and explain reasons for unavailability): See Attachment 6c. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. m days (specify number): 5 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m 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:D Additional representation is described in Attachment 8. 9. PreferenceD 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 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 seIf-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 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 .1 1. (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-Ho [Rem July 1, 20111 CASE MANAGEMENT STATEMENT Page 2 of 5 ' Essential Middlebrooks V. Kingsmith, et a1 CM-11O et a1. PLAINTIFF/PETITIONER:Dillan M. Middlebrooks DEFENDANT/RESPONDENT:Anna Kingsmith and Dean Smith CASE NUMBER: 18CV33613O 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 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 participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the pan‘ies'ADR stipulation): D Mediation session not yet scheduled D Mediation session scheduled for (date): (1) Mediation w D Agreed to complete mediation by (date): m Mediation completed on (date): 8 / 12 /2 O 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 (3) Neutral evaluation 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 (4) Nonbinding judicial D D Judicial arbitration scheduled for (date).- arb'tratlon 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): arb'tratlon D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-11o [Rev. July 1, 201 1] CEB‘ Essential ceb.com Em- CASE MANAGEMENT STATEMENT Page 3 of 5 Middlebrooks V. Kingsmith, et a1 CM-11O _ PLAINTIFF/PETITIONERzDil1am M. Middlebrooks CASENUMBER; 18CV33613O DEFENDANT/RESPONDENT: Anna Kingsmith and Dean Smith, et a1. 11. Insurance 12. 13. 14. 15. 16. a. D Insurance carrier, ifany,forpartyfi|ingthis statement (name): CSAA Insurance Group b. Reservation of rights: D Yes m No c. D Coverage issues will significantly affect resolution of this case (explain): 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: 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 wi|| befiled by (name party): BifurcationD 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): Other motionsD The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Discovery a. D The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Defendants Expert Discovery Per Code Defendants Written Discovery Ongoing c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-11o [Rev.JuIy 1. 20111 CASE MANAGEMENT STATEMENT Page4°f5 CEB‘ Essential ceb.com Em' Middlebrooks v. Kingsmith, et a1 CM-11O PLAINTIFF/PETITIONER: D i 1 1an M . Middl ebrooks CASE NUMBER; l 8 CV3 3 6 l 3 O DEFENDANT/RESPONDENT: Anna Kingsmith and Dean Smith, et a1. 17. Economic litigation 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 issuesD 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. E 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. Total number of pages attached (if any): J- | 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. Dma November 30, 2020 Rebecca D- Martino ’ /¢/ few fl WWW (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-11o [Rewuly 1,2011] CASE MANAGEMENT STATEMENT PageSofs CEB‘ Essential «ham fiaEgflflg Middlebrooks V. Kingsmith, et a1 ® CourtCaII' CourtCaII Appearance - Service Copy 6383 Arizona Circle Los Angeles, CA 90045 Phone: (888) 882-6878 Fax: (388) 883-2946 CourtCachom Court Conferencep is a division of CourtCall' This document shall serve as notice of a CourtCall Appearance by the participant listed below in the referenced case. Others wishing to appear remotely should contact CourtCalI, LLC at (888) 882-6878 or (310) 342-0888. Rebecca D. Martino Coddington, Hicks & Danforth Tel: (650)592-5400 Fax: (650) 592-5027 Case Name: Middlebrooks v. Kingsmith Case Number: 18CV336130 Court Name: Santa Clara County Superior Court (CA) Dept/Judge: 8 /Judge Sunil R. Kulkarni Proceeding: Trial Setting Conference Date/Time: Tuesday, December 15th, 2020 at 11:00 AM PT Note: this is not a Confirmation of your CourtCall Appearance. Each participant must make his or her own arrangements with CourtCall. While clients can save money and COURTCALL VIDEO IS HERE! 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If the matter is off on other pressing matters, enjoy sufficient bandwidth and a webcam calendar, you have no time with family and friends or to view and/or share video in involvement in the case or you do otherwise take advantage of the accordance with a Judge's not wish to use this service, time no longer spent traveling to preferences. To learn more about please disregard this notice. Do and from Court. Call us for details. video options, please ask a not callthe Court Clerk. There are no subscriptions or CourtCall representative. equipment to buy. Our representatives are available to make presentations for your firm, your clients, Bar Associations or other groups. Please call to schedule a presentation. Remote Appearances. Simplified. CourtCall Appearances are available for over 2,000 Judges nationwide, with additional Courts being added monthly. Please visit our website at www.courtcall.com for a complete list of participating Courts and Judges across the US, Canada and other jurisdictions. NOTFD [P] SERVICE COPY FOR COURTCALL® APPEARANCE Copyright © 2020 Cour‘tCalI, LLC. A|| Rights Reserved. 1 2 3 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 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 joseguera@chdlawycrs.com. 8 I am readily familiar with my employer's business practice for collection and processing 9 of correspondence and documents for mailing with the United States Postal Service, mailing via 1 O overnight delivery, transmission by facsimile machine, and delivery by hand. 11 On November 30, 2020, I served a copy of each of the documents listed below by 12 placing said copies for processing as indicated herein. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE MANAGEMENT STATEMENT AND COURTCALL APPEARANCE - SERVICE COPY 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 de1ivery, 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 party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. 1 XX Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ___ . Stat~. The recipi~nt has filed an~ served notice that he o! she accepts electroruc service; the rec1p1ent has electrorucally 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 of 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 my employer's office. I have received no indication the electronic transmission did not reach the recipient. PERSONS OR PARTIES SERVED: Attorneys for Plaintiff Arthur Wang Esq. William S. Ginsburg, Esq. Berg Injury Lawyers 2440 Santa Clara Avenue Alameda, CA 94501 Telephone: 510) 523-3200 Facsimile: 510 523-8851 crs.com law ers.com Paralegal: Alexandra Santos asantos@bcrginjurylawycrs.com 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 · ovember 30, 2020. ~ 24 Court: Superior Court ef Califomia, Santa Clara Cou11ry Action No: 18CV336130 25 Case N ame: Middlebrooks v. Kingsmith, et al. 26 27 28