Statement Case Management Conference

Cal. Super. - 6th Dist.May 31, 2019

ATTORNEY OR PARTY WITHOUT ATTORNEY (Nsnw Safe Bsr number end atdmsss John P. Sciaoca SBN: 265049 POWERS MILLER 3500 Doualas Boulevard, Suite 100 Roseville. CA 95661 TELEr HoNE No (916) 924-7900 E-MAIL ADDRESS (Oplaneg: ATTORNEY FOR (Nsrrw) Defendant, KAN MORGAN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDREss'191 North First Street MAfuNS AocREss 191 North First Street cITYANDzlpcocaSan Jose, 95113 BRANcH NAME Downtown Superior Court FAX NO (OpSmslx916-924-7980 DEFENDANT/RESPONDENT: KAN MORGAN AND DOES 1-50 PLAINTIFF/PETITIONER: ELIZABETH MARY POPE, BY AND THROUGH HER GAL FOR COURT USE ONL Y CM-110 CASE MANAGEMENT STATEMENT CASE NUMBER. (Checfr one)r [X UNLIMITED CASE C] LIMITED CASE 19( $349134 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:May 7, 2020 Time: 10;30 a.m. Address of court (if dilferent from the address above)) Dept.: 21 Divz Room: ~X Notice of Intent to Appear by Telephone, by (name)(John P. Sciacca INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (enswer one): a. ~X This statement is submitted by party (name)(Defendant KAN MORGAN b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross~mplaint (to be answered by plaintiffs and cross-complelnanls only) a. The complaint was filed on (dale): b. ~ The cross-complaint, if any, was filed on (dete): 3. Service (to be answered by plaintiffs and cross-compleinants only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties namedin the complaint or cross-complaint (1) ~ have not been served (specify names end explain 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, nelure of involvement in case, end date by which they mey be served): 4. Description of case a. Type of case in CZ complaint H cross-complaint (Describe, inc(ud(ng causes of action): Form Adopted for Mandatory Use Judtasl Counal of Cssorne CM-110 IRev. July 1, 2011I CASE MANAGEMENT STATEMENT Psgel ofe Csl Rules of Court nt188 3 733-3 730 www nourts 88 gov leenem One penn Butdep Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/15/2020 2:04 PM Reviewed By: System System Case #19CV349134 Envelope: 4255982 19CV349134 Santa Clara - Civil System System PLAINTIFF/PETITIONER'LIZABETH MARY POPE, BY AND THROUGH HER 19CV349134 DEFENDANT/RESPONDENT: RAN MORGAN AND DOES 1-50 CM-110 b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the Injury snd damages c/e/med, including medica( expenses to date (/nd/cate source and amount), estimated future medical expenses, lost earnings Io date, and estimated future lost earnings. Ifequitable relief is sought, describe the nature of the relief) This action arises out of a vehicle vs. pedestrian accident that occurred on 12/28/18 wherein plaintiff is alleging injuries as s result. (If more then one part, provide the name of each part (If more space is needed, check this box end sffsch a page designated es Attschmeni 4b.) Jury or nonjury trial The party or parties request HX a jury trial H a nonjury trial. requesting ejury trial): Trial date a. ~ The trial has been set for (dale)i b. ~X No trial date has been sst. 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 (spec/Iy dates snd explain reasons for unavailability): Defense counsel is unavailable prior to December 2020. Additionally counsel has a trial scheduled 2/1/21 in Butte County. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~X days (specify number):10-15 b. ~ hours (short causes) (spec/fy)i Trial representation (to be answered for each party) The party or parfies will be represented at trial ~X by the attorney or party listed in the caption ~ by the following: a. Attorney. b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is descnbsd in Attachment 8. 0. Preference 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 communihes; 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 C3 has H has not provided the ADR information package identified in rule 3 221 to the client and reviewed ADR options with the dient. (2) Forself-reprssented parties: Party& has C3 has not reviewedtheADR information package identifiedinrule3.221. b.. Referral to Judicial arbitration or civil action mediation (if available). (1) ~ This matter is subisct to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under 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. (spec//y exemption): CM-110 Isuu. July 1, 2011I CASE MANAGEMENT STATEMENT 2222 2 uy 2 PLAINTIFF/PETITIONER. ELIZABETH MARY POPE BY AND THROUGH HER camnuuma EFENDANT/RESPONDENT:KAN MORGAN AND DOES 1-50 19CV349134 CM-110 10. c. Indicate the ADR process or processes that the parly or parties are willing to participate in, have agreed to parhcipate in, or have already participated m (check all that apply and provide the specilred information): The parly or parties completing this form are willing to participate in the following ADR processes (citeck all that app/y): If the parly 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 e copy of the partie'ADR stipulation): (1) Mediation CX3 Mediation session not yet scheduled Mediation session scheduled for (date); C3 Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference ~X Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (dere): 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 (dale): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration 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 (dale): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): cun10 Iaev. Jar 1, sss 1] CASE MANAGEMENT STATEMENT vsse sors PLAINTIFF/PETITION ERELIZABETH MARY POPEr BY AND THROUGH ~R 19CV349134 DEFENDANT/RESPDNDENTKAN MORGAN AhID DOES 1-50 CM 11n 11.insurance a. ~x Insurance carrier, if any, for party filing this statement (name) Allstate b. Reservation of rights: ~ Yes ~X No c. ~ Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the courts jurisdiction or processing of this case and describe the status. M Bankruptcy C] Other (specify): Status: 13. Related cases, consolidation, and coordination~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court. (3) Case number: (4) Status:~ Addtional cases are described in Attachment 13a. b. H A motion to M 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, end reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, end issues): 16. Discovery a. ~ The parly or parties have completed all discovery. b. ~X The following discovery will be completed by the date specified Para Descriotion Defendant Written Discovery Defendant Deposition of plaintiff Defendant IME ofplaintiff Defendant Depositions of Witnesses Defendant Expert Discovery (describe e/I anticipated discovery): Date Completed January 2020 February 2020 June 2020 Pcr Code ~ The following discovery issues, induding issues regarding the discovery of electronically stored information, are anticipated (specify) cu-110 [Rev Aly 1, 20111 CASE MANAGEMENT STATEMENT r asex ore PLAINTIFF/PETITIONER;ELIZABETH MARY POPE, BY AND THROUGH HER GALJ ~ 19CV349134 DEFENDANT/RESPONDENT: KAN MORGAN AND DOES 1-50 CM-1 10 17. Economic litigation a. ~ This is s 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 specifi'cally why economic liligalion procedures relating io discovery or trial should nol apply to this case): 18. Other issues~ 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 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): I am completely familiar with this case and will be fully orepared to discuss the sf(atua of discovery and alternaave 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. Date; April 15, 2020 John P. Sciscca /TYPE OR PRINT NAME) F PA OR ATTORNEY) ITYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM110 IRev JUIYT,2011] CASE MANAGEMENT STATEMENT Page5015 Pope v. Morgan Santa Clara County Superior Court No. 19CV349134 PROOF OF SERVICE I am a citizen of the United States, employed in the County ofPlacer, State of California. My business address is 3500 Douglas Boulevard, Suite 100, Roseville, California 95661. I am over the age of 18 years and not a party to the above-entitled action. On April 15, 2020, I caused the within CASE MANAGEMENT STATEMENT the original of which was produced on recycled paper, to be served as follows: 10 12 XX MAIL - I am readily familiar with Powers Miller's practice forcollection and processing of correspondence for mailing with the United States Postal Services. Pursuant to said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day's mail is collected and deposited in a U.S. mailbox at Roseville, California at or before the close of each day' business. (CCP Section 1013a(3).) 13 14 15 16 17 FACSIMILE - April 15, 2020 at a.m./p.m., by use offacsimile machine telephone number (916) 924-7980, I served a true copy of the aforementioned document(s) on the parties in said action by transmitting by facsimile machine to the numbers as set forth below. The facsimile machine I used complied with California Rules of Court, Rule 2003(3) and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2008(e), I caused the machine to print a transmission records of the transmission, a copy of which is attached to this Declaration. 19 PERSONAL SERVICE - Delivered by hand to the addressee addressed as set forth below. 20 21 OVERNIGHT COURIER - By causing a true copy and/or originalthereof to be personally delivered via the following overnightcourier service. 22 23 24 Louis S. Abronson Abronson Law Offices 332 North 2nd Street San Jose CA 95112 F: 408-395-1955 25 26 27 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that thisdeclaration was executed on April 15, 2020, at Roseville,California. 28 sr ro,r rdtry rrpsrp r M s \pos pd KAITLIN J~NS