Statement Case Management Conference

Cal. Super. - 6th Dist.June 5, 2019

Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/4/2019 8:28 PM Reviewed By: System System Case #19CV348791 Envelope: 3349471 19CV348791 Santa Clara - Civil System System CM-110 ATTORNB OR PARTY WITHOUT ATTORNEY (Name, Sate Ba! number. and address): FOR COURT USE ONLY Susan A. Owen, Esq. SBN: 143805 OWEN PATTERSON & OWEN, LLP 23822 West Valencia Boulevard. Suite 303 Valencia. Califomia 91355 TELEPHONE No.. 66 1 499-3899 FAX No (Optional) 66 1 -799-2774 E.MAIL ADDRESS (oPnanaa ATTORNEY FOR (Name): Nicole Jensen SUPERIOR COURT 0F CALIFORNIA, COUNTY OFSANTA CLARA STREEr ADDRES 191 North First Street MAILING ADDRESS: l 91 North First Street cmr AND ZIP cone. San Jose, California 951 13 BRANCH NAME Downtown Superior Court PLAINTIFF/PETITIONER: NICOLE JENSEN DEFENDANT/RESPONDENT: MANUEL SAGARNAGA POSADA, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one).- UNLIMITED CASE E LIMITED CASE 19CV348791 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:September 17, 2019 Time:2:15 p.m. Dept: Div.: Room: Address of court (if difi'erent from the address above): Notice of Intent to Appear by Telephone, by (name):Tamiko B. Herron, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name):Plaintiff b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/ainants only) a. The complaint was filed on (dale):June 5, 2019 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed. b. The following parfies named in the complaint or cross-complaint (1) E have not been sewed (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): Fei Xu was served on August 7. 2019 (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature of/nvo/vement in case, and date by which they may be served): 4. Description of case 3~ TYPe 0f case In complaint E cross-complaint (Descn’be, including causes of action): Complaintwith one cause of action for negligence. Page 1 of 5 Form Adopted for Mandamry Use Cal. Rules of Court. Judicial Councfl of California CASE MANAGEMENT STATEMENT rules 3 720-3 730CM-1 1 0 [Re]. July 1. 201 1] www courls‘figov WmlzwDotlFonanu- CM-110 CASE NUMBER'PLAINTIFF/PETITIONER: NICOLE JENSEN 19CV348791 DEFENDANT/RESPONDENT: MANUEL SAGARNAGA POSADA, et al. 4. b. Provide a brief statement of the case, including any damages. (/fpersonal injury damages am 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 (he relief.) On June 21, 2017, Plaintiff was a passenger in a vehicle that was stopped in the number l lane of University Avenue and was hit in the rear by another vehicle which was then hit in the rear by Defendant’s vehicle. As a direct and proximate result of such collision, Plaintiff suffered injuries. D (/f 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 a jury trial E a nonjury trial. (Ifmore than one party, provide the name ofeach party requesting a jury trial): 6. Trial date a. E The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months ofthe date of the filing ofthe complaint (if not, explain): Still in the processing of serving Defendant XU. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): (2019) 10/7. 10/21. lOf28. 11/4. 11/6. 12/4. 12/9: (2020) 1/13. l/l7. 1/27. 2/5. 31'2. 3f10. 3E25. 4f8. 4324. 534. 5!18. 6!] l. 6i25. 781. 8/3. 8/14. 8/20. 8/28. 8131. 9/l. 9/29. 10/9. [0/16. 11/2-5. 11/10. 11/16. ll/17. 11120. 12:‘2. 12/4. 12W. 12:29: (2021) 1M. lr'lS 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number):5-7 b. E hours(short causes) (specify): 8. Tfial representation (to be answered for each party) The party or parties will be represented attrial by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: 23822 West Valencia Boulevard, Suite 303, Valencia, California 91355 d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:E Additional representation is descri bed in Attachment 8. 9. PreferenceE 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 paru’es represented by counsel: Counsel has E has not providedthe ADR informafion package identified in rule 3.221 to the client and reviewed ADR opfions with the client. (2) For self-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221, b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under ode of Civil Procedure secfion 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E 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) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Plaintiff's damages exceed 550.000.00. WWW Ju'v 14°“! CASE MANAGEMENT STATEMENT Pam“ CM-1 10 PLAINTIFF/PETITIONER: NICOLE JENSEN DEFENDANT/RESPONDENT:MANUEL SAGARNAGA POSADA, et a1. CASE NUMBER: 19CV348791 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to parficipate 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 (he parties'ADR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediafion by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settiement 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 (date): 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 (date): Judicial arbitrafion completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rem July 1. 201 1] Page 3 of 5CASE MANAGEMENT STATEMENT CM:110. PLAINTIFF/PETITIONERNICOLE JENSEN :AgsésllgMng:-91 DEFENDANT/RESPONDENTMANUEL SAGARNAGA POSADA, et al. 11. Insurance a. E Insurance carn’er, if any, for party filing this 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'sjurisdicfion or processing of this case and describe the status.E Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Addifional cases are described in Attachment 13a. b. E A motion to E consolidate E coordinate will be filed by (name party): 14. BifurcationE The party or paru‘es 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 motionsE The party or parties expect to file the following motions before trial (specify moving party, type ofmotion. and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery):m Descrigfion fl Plaintiff Interrogatories, Demand for Production and Request for Admissio Oct.-Nov. 2019 Plaintiff Depositions Dec.-Jan. 2020 Plaintiff Experts Per Code c’ E The following discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): CM-“MRW- Ju'v 1' 2°“! CASE MANAGEMENT STATEMENT MW” CM-1 10 PLAINTIFF/PETITIONERNICOLE JENSEN CASE NUMBER-- 19CV348791 DEFENDANT/RESPONDENT: MANUEL SAGARNAGA POSADA, et al. 17. Economic litigation a.E 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 secfions 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 (o discovery or tn’al should not apply to this case): 18. Other issuesE The party or parfies request that the following additional matters be considered or determined at the case management conference (speciM: 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe 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): 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 stipulations on these issues atthe time of the case management conference, including the written authority ofthe party where required. Date: September 4, 2019 Susan A. Owen. Esq. ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR A‘l'I'ORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-“WV JU'W- 2°11] CASE MANAGEMENT STATEMENT ”9'5“ \OOOVO’xUI-PUJNg-a PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 23822 West Valencia Boulevard, Suite 303, Valencia, California 91355. On September 4, 2019, I served the foregoing document described as: CASE MANAGEMENT STATEMENT, on the interested parties this action: [X] by placing [ ] the original [ X ] a true copy thereof enclosed in a sealed envelope addressed as follows: Alexander Macdougall, Esq. Attorneysfor Defendant, MANUEL LAW OFFICES OF CATHERINE A. SAGARNAGA POSADA WALSH 1800 Sutter Street, Suite 260 Concord, California 94250 FEI XU Defendant 138 Shawnee Avenue San Francisco, California 94132 [X] (BY MAIL) I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Santa Clarita, California in the ordinary course of business. 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 afier date of deposit for mailing in affidavit. [ ] (BY FACSIMILE TRANSMISSION) I delivered such document by facsimile transmission. [ ] (BY EMAIL) I served such document via email transmission to the attomey(s) listed below. [ ] (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the attorneys at the addresses set forth below. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box ofthe overnight delivery carrier. [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. [ ] (FEDERAL) I declare that I am employed in the office of a member of the board of this Court at whose direction service was made. Executed on September 4, 2019, at Valencia, Calif Susan Y. Peoples