Statement Case Management Conference

Cal. Super. - 6th Dist.October 10, 2018

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stats Bsr number and address). H. Gregory Nelch, Esq. (SBN 118258) Rebecca D. Martino, Esq. (SBN 236094) Coddington, Hicks E Danforth Redwood City, CA 94065 TELEPHONENO (650) 592-5400 FAXNO(optmnat/ (650) 592 - 5027 E MAILADDREss(opbonel/. rmartinofechdlawyers . corn ATTDRNEYFDR(Nsmer Defs. Anna Kingsmith and Dean Smith SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss 191 North First Street MAILING ADDRESS DITYANozIPcoDE San Jose, California 95113 FOR COURT USE ONLY CII-110 BRANCH NAME. PLAINTIFF/PETITIONER: Dillan M. Middlebrooks DEFENDANT/REsPQNDENT: Anna Kingsmith and Dean Smith,et al. CASE MANAGEMENT STATEMENT (Check one): Qg UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 6, 2020 Time: lOI SO a.m. Dept.: 8 Address of court (if different from the address above): CASE NUMBER. 18CV336130 Div.: Room: Q3 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. Qg This statement is submitted by party (name)( Defendants Anna Kingsmith and Dean Smith b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiFfs and cross-comp/a/nants only) a. The complaint was filed on (date)( b. ~ The cross-complaint, if any, was filed on (dste)( 3. Service (to be answered by plaintiffs and cross-comp/B/nants only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. Cl The following parties named in the complaint or cross-complaint (1) ~ have not been served (spec/fy names and exp/a/n why not)( (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ 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 QQ complaint ~ cross-complaint (Describe, /nc/Ud(ng causes of action):plaintiff alleges injuries, wage loss, general damages and property damage arising out of a motor vehicle accident. Form Adopted tor MsndaioryUse, ~ CASE MANAGEMENT STATEMENTJud!Nal Counmi of Cebfomre ICQ3'eeeirbal CM-1 10 [Rev July I, 2011( Page I of 5 Cal. Rules of Court, rules 3.720-3 730 rvnts oourfs ot!.gov Middlehrooke v. Einsemith, et el. Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/22/2020 11:26 AM Reviewed By: System System Case #18CV336130 Envelope: 3920721 18CV336130 Santa Clara - Civil System System PLAINTIFF/PETITIONER:Dil lan M. Middlebrooks CASE NUMBER 18CV336130 DEFENDANT/RESPONDENT: Anna Kingsmith and Dean Smith,et al. CM-110 b. Provide a brief statement of the case, including any damages. (Ifpersonal 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 Io 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 motorvehicle accident which occurred on November 26, 2016. C3 (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parlies request QQ a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. ~ The trial has been set for (date)i b. [Q No trial date has been set. This case will be ready for trial within 12 months of the date of the filing ofthe complaint (If not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavaiiabiiffy)i See Attachment 6c. Estimated length of trial The party or parties estimate that the trial will take (check one): a. Qg days (specify number): 5 b. ~ hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial Q3 by the attorney or party listed 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 8. Preference~ This case is entitled to preference (specify code section): ~ by the following: 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 Qg has ~ 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 ~ has ~ has not reviewed the 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 of 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 to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) ~ 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)i CM110[Rev Jelyf,2011] ( +' Essential mfa«em 1 «IFOrllle CASE MANAGEMENT STATEMENT Page 2 ef 6 Middlebrooks v. Xingsmith, et al. PLAINTIFF/PETITIONER:Dillan M. Middlebrooks CASE NUMBER. 18CV336130 DEFENDANT/RESPONDENT: Anna Kingsmitb and Dean Smith,et al. 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 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 a/l 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 (atfach a copy of the patties'ADR stipulation): (1) Mediation ~ Mediation session not yet scheduled ~ Mediation session scheduled for (date): ~ Agreed to complete mediation by (date): ~ Mediation completed on (date): (2) Settlement conference ~ Settlement conference not yet scheduled ~ Settlement conference scheduled for (date): ~ Agreed to complete settlement conference by (date): ~ Settlement conference completed on (date): (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 (date): (5) Binding private arbitration ~ Private arbitration not yet scheduled ~ Private arbitration scheduled for (daie): ~ Agreed to complete private arbitration by (date): ~ Private arbitration completed on (date): (6) Other (specify): ~ ADR session not yet scheduled ~ ADR session scheduled for (date): ~ Agreed to complete ADR session by (dale): ~ ADR completed on (date): CM-1 10 [Rea. July 1, 201 1 I ( &E Essential mhmm QP Forms CASE MANAGEMENT STATEMENT P308 3 of 5 Niddlebrooks v. Eingsmith, et al. PLAINTIFF/PETITIONER:Dil lan IJI. Ieiiddlebrooks CASE NUMBER 18CV336130 DEFENDANTJREsPDNDENT: Anna Kingsmith and Dean Smith, et al. 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): CSAA Insurance Group b. Reservation of rights: ~ Yes Qg No c. CI Coverage issues will significantly affect resolution of this case (explain): CM-110 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.~ Bankruptcy ~ Other (specify)J Status: 13. Related cases, consolidation, and coordination a. ~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. C3 A motion to ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ 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~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. Qg The following discovery will be completed by the date specified (describe a/I anticipated discove~): ~part Descriotion Date Defendants Defendants Expert Discovery Written Discovery Per Code Ongoing c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IRey. July 1, 2011] ( Q3'ssential MEMm QPFOnna. CASE MANAGEMENT STATEMENT Page 4 ef 6 Middlehrooks v. Kingsmith, et al. PLAINTIFF/PETITIQNER: Dillan M. Middlebrooks CASE NUMBER. 18CV336130 DEFENDANT(REspoNDENT: Anna Kingsmith and Dean Smith, et al. CM-110 17, Economic litigation a. CI 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 litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should nof apply fo this case): 18. Otherissues~ 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. Qg 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 nof, 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): Counsel for defendants proposed a mediator and followed up withplaintiff's counsel regarding same. As of the filing of thisstatement, defendants have not heard back from plaintiff regarding a potential mediator or dates. 20. Total number of pages attached (if any): 'I 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 stipul jion4 on these issues at the time of the case management conference, including the written authority of the party where required.y Date: January 22, 2020 / / IRmh/ur r n 7) Mnvt i )Tn / (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 (Rov July I, 2511] I Essentfal me.oom I hKFO(n)S'ASE IIANAGEMENT STATEMENT Pace 5 of 5 Middlebrooks v. Kingsmith, et al. Attachment 6c Case Management Statement Trial Dates February 18, 2020 March 2, 2020 March 16, 2020 March 20, 2020 May 4, 2020 June 1, 2020 January 11, 2021 January 11, 2021 January 25, 2021 Santa Cruz Superior Court San Mateo Superior Court Alameda Superior Court Santa Clara Superior Court San Mateo Superior Court Contra Costa Superior Court Monterey Superior Court Santa Cruz Superior Court Alameda Superior Court 1/22/20 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) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is hporter(Ãchdlawvers.corn. 10 12 I am readily familiar with my employer's business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On January 22, 2020, I served a copy of each of the documents listed below by placing said copies for processing as indicated herein. 13 CASE MANAGEMENT STATEMENT 14 15 16 17 XX Electronic Transmission: The correspondence or documents were transmitted electtonically by OneLegal as follows: XX As authorized by Code of Civil Procedure section 1010.6(d) and Rules of Court, Rule 2.253(b)(1)(A), I caused the document(s) listed above to be sent to the persons at the electronic notification addresses listed below. 18 19 20 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, CaPifornia on this same date in the ordinary course of business. 21 PERSONS OR PARTIES SERVED: 22 23 24 25 26 27 28 Attorneys for Plainri8 Arthm Wang Esq. William s. Gtnsburg, Esq. Nicole E. Palang, Esq. Berg Injury Lawyers 2440 Santa Clara Avenue Alameda, CA 94501 Telephone: (510) 523-3200 Facsnnile: (510) 523-8851 awangQberviniurvlavvvers.corn 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 ted on January 22, 2020. Helen Porter Court: Sopori or Cossrs ofCahforoia, Santa Clara Coaos3 Action Nn: 18CV336130 Case Name: Middlobrooks o. Kingssoisls, otal. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28