Statement Case Management Conference

Cal. Super. - 6th Dist.June 24, 2019

ATTORNE Y OR PARTY WITHOUT ATTORNEY IName, Slaie Bar numaer and eddressk Kathryn C. Klaus, Esq. SBN: 205923 Rebecca D. Martino, Esq. SBN: 236094 Coddington, Hicks & Danforth 555 Twin Dolphin Dr., I)300, Redwood City, CA 94065-2133 TELEPHoNENo.. 650 - 592 - 5400 FAxuofoado a0. 650 - 592 - 5027 E MAILADDRESS icpfronasr rmart inctmohdlaWyerS . COm ATTDRNEYFDR(uamel. Pl aint i f f Bikram Saha SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss' 91 Nor th First Street MAILING ADDRESS. cITYANDzIPcoDE. San Jose, California 95 1 13 FOR COURT USE ONLY Cllil-110 BRANCH NAME; PLAINTIFF/PETITIONER: Bikram Saha DEFENDANT7RESPCNDENT: Reply Logistics Inc., et al. CASE MANAGEMENT STATEMENT ~ (Check one): ~ 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: 10/8/2 019 Time: 3 f45 p.m. Dept.: 2 Address of court (if diffen:nt from the address above): CASE NUMBER 19CV350171 Divu Room: ~ Notice of Intent to Appearby 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. ~ This statement is submitted by party(name): Plaintif f Bikram Saba b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered hy plaintiffs and cross-complainants only) a. The complaint was filed on (daie): June 24, 2019 b. ~ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and 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, nature of involvementin case, and the date by which they may be served): 4. Description of case a. Type of case in Qg complaint ~ cross-complaint (Descnbe, including causes of action): Breach of contract and fraud against debtors who failed to pay over $ 900,000 in principal loaned to them. FormAdoptedforMandatoryuse .. CASE MANAGEMENT STATEMENT Judfcial Counol of Caifomia ( Q3 ~ EeaentialCM-110 IRev. July I, 20111 a m I Ia 'OIT ls'age 1 of 5Cal Rules of Court,rules 3 720-3 730 www courts ca aov Saha v. Reply Logistics Inc. Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/23/2019 2:09 PM Reviewed By: System System Case #19CV350171 Envelope: 3426544 19CV350171 Santa Clara - Civil System System PLAINTIFF/PETITIONER:Bikram Saba DEFENDANT/RESPONDENT: Reply Logistics Inc., et al. CASE NUMBER 19CV350171 CM-110 4. 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 Io dale (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 jPlaintiff seeks outstanding loans to be paid by defendants according to contracts. ~ (If mom space is needed, check this box and attach a page designated as Attachment 45.j 5. Jury or nonjury trial The party or parties request Q3 a jury trial ~ a nonjury trial. (If more then one party, provide the name of each party requesting a jury trial): 6. Trial date a. ~ The trial has been set for (date): b. ~ 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 unavaiiabililyj: See Attachment Sc. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~ days (specify numherj: 2 - 3 days b. ~ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~ 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. 9. 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 ~ 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 CI 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): CM-110 [Rev. July 1, 201 1] ( re Essential~„„js!Forms. CASE MANAGEMENT STATEMENT Page 2 of 5 saba v. Reply Logistics Inc. PLAINTIFF/PETITIONER:Bikram Saha DEFENDANT/RESPONDENT:Reply Logistics Inc., et al. CASE NUMBER; 19CV350171 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 aii that apply end provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check e/I 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 parties'DR stipulation): (1) Mediation Qg Mediation session not yet scheduled ~ Mediation session scheduled for (date): ~ Agreed to complete mediation by (date): ~ Mediation completed on (date): (2) Settlement conference Z) Settlement conference not yet scheduled ~ Settlement conference scheduled for (date): ~ Agreed to complete settlement conference by (date): ~ Settlement conference completed on (daie): (3) Neutral evaluation ~ Neutral evaluation not yet scheduled Cl Neutral evaluation scheduled for (date): ~ Agreed to complete neutral evaluation by (date): ~ Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration CI Judicial arbitration not yet scheduled ~ Judicial arbitration scheduled for (date): CI Agreed to complete judicial arbitration by (date): ~ Judicial arbitration completed on (date): (6) 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): ~ ADR session not yet scheduled ~ ADR session scheduled for (date): ~ Agreed to complete ADR session by (date): ~ ADR completed on (date): CM-110 fRey July 1, 2011] ('$8" seen ia CASE MANAGEIIENT STATEMENT Pege 3 ef 5 Saba v. Reply Logistics Inc. r PIAINTIFF/PETITIONER;Bikram Saha DEFENDANTJRESPDNDENT: Reply Logistics Inc., et al. CASE NUMBER'9CV350171 CM-110 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: ~ Yes ~ No c. ~ 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.~ Bankruptcy ~ Other (specify): 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. ~ 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 aii anticipated discovery): ~Part Descriotion Plaintiff Written Discovery Plaintiff Deposition of Defendant tv(chit Randhawa Date 10/2019 12/2019 c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM.11D [Rev July 1, 201 11 Ql g'ssential msmm I~e'Fcrma" CASE MANAGEMENT STATEMENT Page 4 of 4 Saba v. Reply Logistics Inc. PLAINTIFF/PETITIQNER: Bikram Saha DEFENDANT/REspoNDENT: Reply Logistics Inc., et al. CASE NUMBER. 19CV350171 CM-110 17. Economic litigation a. ~ 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 iilige/ion procedures relating fo discovery or trial should noi apply to 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. ~ The parly or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if nol, 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): 2 I am completely familiar with this case and will be full as well as other issues raised by this statement, and the case management conference, including the writt Date: 9/23/2019 e resolution, at the time of Rehf rr a T) Mart t T(n (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ~ Additional signatures are attached. CM-1 10 (Ree July I, 2DI I] ( LrB'~ Essential CASE MANAGEMENT STATEMENT Page 5 of 5 Saha v. Reply Logistics Inc. Attachment 6c Case Management Statement Trial Dates September 16, 2019 to September 20, 2019 February 3, 2020 to February 7, 2020 September 30, 2019 to October 4, 2019 October 7, 2019 to October 11, 2019 October 14, 2019 to October 18, 2019 October 15, 2019 to October 19, 2019 October 21, 2019 to October 25, 2019 October 28, 2019 to November 1, 2019 November 4, 2019 to November 8, 2019 November 12, 2019 to November 16, 2019 December 2, 2019 to December 6, 2019 January 20, 2020 to Januaty 24, 2020 February 18, 2020 to February 24, 2020 Febtuary 24, 2020 to February 28, 2020 March 20, 2020 to March 25, 2020 May 1, 2020 to May 5, 2020 June 15, 2020 to June 29, 2010 August 10, 2020 to August 14, 2020 October. 13, 2020 to October 17, 2020 January 27, 2020 to January 31, 2020 8/23/19 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) yeats 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 electtonic mail address is hporter(Rchdlawvers.corn. 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 10 overnight delivery, transmission by facsimile machine, and delivery by hand. 11 On September 23, 2019, I served a copy of each of the documents listed below by 12 placing said copies for processing as indicated herein. 13 CASE MANAGEMENT CONFERENCE STATEMENT 14 XX Electronic Transmission: The correspondence or documents were transmitted electronically by OneLegal as follows: 15 16 17 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 electtonic notification addresses listed below. 19 20 XX 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, CaPifomia on this same date in the ordinary course of business. 21 PERSONS OR PARTIES SERVED: Attorneys for Defendants Reply Logisu'cs, Inc. and Mohi t Randhawa David C. Johnston, Esq. Attorney at Law 1600 G Street, Suite 102 Modesto, CA 95354 Telephone: (209) 579-1150 Facsimile: (209) 579-9420 david&iohnstonbusinesslaw.corn 1 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 de tember 23, 2019. Helen Porter 6 Court: Superior Court ofCahforuia, Santa Clara Couutr Action Nn: 19CV5501 71 Case Name; Saba, Bikraue e. Iteplt Loieettet Iue., et ai 8 10 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28