Statement Case Management ConferenceCal. Super. - 6th Dist.January 3, 2019Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/9/2019 1:25 PM Reviewed By: System System Case #19CV340733 Envelope: 2736759 19CV340733 Santa Clara - Civil System System CM-110 PLAINTIFF/PETITIONER: AMG & Associates. LLC “SE ”UMBER 190V34o733 DEFENDANT/RESPONDENT: State of Califomla Dept. of Transponation, et al 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 dale, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff seeks quiet title and declaratory relief in Right of Way located In the City of San Jose. Defendant State of California claims rights in a portion of this Right of Way and opposes the action on that basis. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trlal The party or parties request a jury trial E a nonjury trial. (If more than one pany, provide me name of each parry requesting a jury trial): State of California, Department of Transportation 6. Trial date a. E The trial has been set for (date): b. No trial date has been seL 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 fur trial (speclw dates and explain reasons for unavailability»: 7. Estimated length of lrlal The party or parties estimaie that the trial wlll take (check one): a. m days (special number): 1'3 b. E hours (short causes) (specify).- B. Trial representation (lo be answered for each party) The party or parties wlll be represented at tn'al m by the attorney or party llsted in the caption E by the following: a. Attorney: b Firm: c Address: d. Telephone number: f. Fax number: e E-mail address: g. Pafly represented:E Additional representation is described In Attachment 8. 9. PreferenceE This case is entitled to preference (specify code section): 10. Alternatlve dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in dlfierem courts and communities; read the ADR informakion 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 E has not provided the ADR information package identified In mle 3.221 to the client and reviewed ADR options with the client. (2) For seIf-represented parties: Party E has E has not reviewed the ADR informafion package Identified In rule 3.221 . b. Referral to judlclal arbitratlon or civil adlon madlafion (if available). (1) E This_matter is sub‘ect to mandatoryjudicial arbitration under Code of Clvll Procedure section 1141.11 orto civil action Tag::tiuwurger ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the s a ory Im (2) D PIaIntlff elects to refer this case tojudlclal arblu'afion and agrees to limit recovery to the amount specified In Code of Civil Procedure section 1141 .1 1. (3) E This case is exempt from judicial arbitration under n1|e 3.811 of the California Rules of Counor from civil action mediatlon under Code of Civil Procedure section 1775 et seq. (specify exemption): CM" 1° IR“ “Y 1' 2°") CASE MANAGEMENT STATEMENT P'“ z °' 5 CM-1 1O PLAINTIFF/PEI'ITIONER: AMG & Associates, LLC DEFENDANT/RESPONDENTI State of California Dept. of Transportation. et al CASE NUMBER 19CV340733 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in. have agreed lo parficipate In. or have already participated ln (check all that apply and provide the specified information): The party or parties completing this form are willing lo participate in the following ADR processes (check all that apply): If the party or parties completing this form In me case have agreed to panicipate in or have already completed an ADR process or processes. indicate the status of the processes (attach a copy ofthe parfies’ADR stipulation): (1) Mediation D Mediation session not yet scheduled Mediation session scheduled for (dale): Agreed to complete mediation by (date): Medlation completed on (dale): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (dale): Agreed to complete settlement conference by (dale): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for(date): Agreed to complete neutral evaluatlon by (dale): Neuual evaluation completed on (date): (4) Nonbinding judicial arbih'ation Judicial arbitlafion not yet scheduled Judicial arbltration scheduled for (date): Agreed to complete judicial arbitrafion by (dale): Judicial arbitration completed on (dare): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (dale): Private arbitration completed on (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE UUDD ADR session not yet scheduled ADR session scheduled for (dale): Agreed to complete ADR session by (date): ADR completed on (date): cM-no (aw. July 1. 201 1] CASE MANAGEMENT STATEMENT Pulads Cm PLAINTIFFIPETITIONER: AMG a Associates, LLC use NUMBER" . . 19CV340733 DEFENDANT/RESPONDENT: State of Cahfomla Dept. of Transportation, et al 11. Insurance a. E Insurance carrier. if any, for pany filing thls statement (name): b. Reservation of rights: E Yes E No c. E 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.E Bankruptcy E Other (specify): Status: 13. Related cases. consolldation. and coordlnafian a_ D There are companion, underlying. or related cases. (1 ) Name ofcase: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 133. b. DAmofionto E consolidate E coordinate wIIIbe filed by(nameparty).- 14. BifurcationE The pariy or parties intend to file a motion for an order blfurcating. severing. or cootdinating the following issues or causes of action (specify moving parry, type of molion, and reasons): 15. Other motionsD The party or parties expect to file the following motions before tria! (specify moving pany. type ofmofian, and issues): 16. Dlscovery a. E The party or parties have completed all dlscovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Pm M91191 DJ: Defendant, State of California written discovery fall 2019 Defendant. Sta‘e of California depositions of parties (PMQ) fall 2019 c_ E The following discovery issues, Including issues regarding the discovery of electronically stored information. are anticlpated (specify): CM-no [Ram July 1, 2011] CASE MANAGEMENT STATEMENT Payouts CM-110 PLAINTIFF/PETITIONER: AMG & Associates. LLC “SE "UMBER EEFENDANVRESPONDENT; State of California Dept. of Transportation, et al 1QCV340733 17. Economlc litigation a. D This ls a llmfled civil case (I.e.. the amount demanded ls $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to thls mse. b. E Thls 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 [rial should not apply lo this case): 18. Other IssuesE 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. The party or parties have met and conferred wlth all parties on all subjects required by mle 3.724 of the Callfomia Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court. the parties agree on the following (specify): 20. Total number of pages attached (ifany): 0 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and altematlve dispute resolution. as well as other Issues raised by this statement. and wlll 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 requlred. Date: 4/9/20 1 9 ( ' Alina Stark ' (TYPE OR PRINT NAME) (SIGNATURE OF PARTY DR ATl’ORNEY] b (TYPE OR PRINT NAME) [SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. WWWW 1' 2°"! CASE MANAGEMENT STATEMENT mm” .p \OOONONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case Name: AMG & Associates, LLC v. State 0t California. Degt. 0t Transgortation, et a1. Case No.: Santa Clara County Superior Court Case No. 19CV3400733 PROOF 0F SERVICE (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Fed. Rules Civ. Proc., rule 5(b).) I am employed in the City of Oakland, State of California. I am over the age of 18 years and not a party to the within action. My business address is 111 Grand Avenue Suite 11-100, Oakland, CA 94612. On the date set forth below, I served a true copy of the following document(s): CASE MANAGEMENT STATEMENT (4/23/2019 @ 2:15 p.m., Dept. 8) on the parties set forth below by: [X] (BY MAIL) by placing a true copy thereof enclosed in a sealed envelope for each person(s) named below, addressed as set forth immediately below the respective name(s), with postage thereon fully prepaid as first-class mail. I deposited the same in a mailing facility regularly maintained by the United States Post Office for the mailing of letter(s) at my above-stated place of business. [ ] (PERSONAL SERVICE) by placing a true copy thereof enclosed in a sealed envelope, for each person(s) named below, and caused such envelope to be delivered by hand to the address(es) as set forth immediately below the respective name(s) pursuant to this Proof of Service. [ ] (OVERNIGHT MAIL) by placing a true copy thereof enclosed in a sealed envelope and deposited on the date set forth below, in a pickup facility regularly maintained for the delivering of letters and packages located at my above-stated place ofbusiness. [ X ] (E-MAIL) by attaching a copy of the Word processing file in PDF format. Julie A. Herzog, Esq. Elisa T. Tolentino, Senior Deputy City Attorney 18980 Ventura Blvd., #230 Office of the City Attorney Tarzana, CA 91356 200 East Santa Clara Street, 16‘“ Floor Tel: (818) 888-6659 San Jose, CA 951 13-1905 Email: lawwings@earthlink.net Email: Elisa.tolentino@sanjoseca.gov Attorneysfor AMG & Associates, LLC Attorneysfor City ofSan Jose I declare under penalty ofpetjury under the laws of the State of California that the foregoing is true and correct. Executed on April 9, 2019, at Oakland, California. ?KY NG, ®la@ l PROOF OF SERVICE