Statement Case Management Conference

Cal. Super. - 6th Dist.August 8, 2019

1QCV353087 Santa Clara - Civil System System CM-1 10 ATTORNEY OR PARTY VWTHOUT ATTORNEY (Name, Stare Bar number, and address): Robert T. Tang, Esq.; SBN 296544 1580 Oakland Road, C205 San Jose. CA 951 31 TELEPHONE N0; (408)81 6-8098 FAX No. (optional): E-MAIL ADDRESS (Optima). r0berttlaw1 @gmail.com ATTORNEY FOR (NamefAnh That Ton and Crystal Sanchez SUPERIOR COURT 0F CAgIFORNIA, COUNTY 0FDAN 'A “U‘HA STREET ADDRESS: 191 N. Fxrst Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP cons; San Jose 951 1 3 BRANCH NAME: PLA1NTIFF/PETIT10NER: Anh That Ton, et al. DEFENDANT/RESPONDENT; Juan Carranza Roacho, eI al. S by Superior Court of CA, County of Santa Clara, on 11/3/2020 11:41 AM Reviewed By: System System Case #1 9CV353087 Envelope: 5228120 Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE E LIMITED CASE 19CV35 3037 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 11/05/2020 Time; 1 0:00 a.m. Dept; 9 Div; Room; INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be previded. 1. Party or parties (answer one): a. D This statement is submitted by party (name): b. This statement is submitted jointly by parties (names): And That Ton and nyStal sanCheZ 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/ainants only) a. The complaint was filed on (date): 08/08/201 9 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. E A|| parties named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) have not been served (special names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): Andrea Ortegareyes and Juan Carranza Roacho (3) D have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case . a- Type 0f case In E COmplalnt E cross-complaint personal injury - negligence (Describe, including causes of action): Page 1 oi 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Cauncif of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-11o [Rem JuJy 1, 20111 www courfscagov CM-1 10 . And That Ton, et al. case NUMBER; ___ PLAINTIFF/PETITIONER. 190v353087 DEFENDANT/RESPONDENT: Juan Carranza Roacho, 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 dale findicate source and amount], estimated future medical expenses, Ios! . . . I . I l. . . . I ?Qu’fi'fifi B&Ss‘reafiggrfc "é"?!s J%‘é’u°t£§3?e”?’388kfo°a%‘k §§r°affils°{r’asi?%rfixé’eéfé'rfiéfié’fi‘fiza‘ié‘fdg’r’figr Emergency Department bills of $25,914.98. Plaintiff Anh That Ton- L2 compression fracture; neck/back sprain/strain; Regional Medical Center of San Jose E (Ifmom space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request E a jury trial U a nonjury trial. (Ifmora than one party, provide the name ofeach party requesting ajury tn'al): 6. Trial date a. D The trial has been setfor (date).- b. E No tn'al date has been set. This case will be ready for trial within 12 months of the date of the filing of the compIaint (if not, explain): c. Dates on which parties or attorneys will not be available for n'ial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 4'5 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial E by the attorney or party listed in the caption D 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 described in Attachment 8. 9. PreferenceD This case is entitled to preference (specifi/ 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 parties represented by counsel: CounselE has E has not provided the ADR information package identified in rule 3.221 to the cliem and reviewed ADR options with the client (2) For seIf-represented parties: PartyD has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitrau'on or civil action mediation (if available). (1) D mis 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 section 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 .1 1. (3) E] This wse is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil adion mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): °”""° IR“ “V " ”"1 CASE MANAGEMENT STATEMENT "‘9“ “5 0M4 10 _ PLAINTlFF/PETITIONER: And That Ton, et al. DEFENDANTIRESPONDENT: Juan Carranza Roacho, et al. CASE NUMKR: 1 90V353087 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 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' ADR processes (check all that apply): stipulation): (1) Mediation E Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement D conference Semement conference not yet schedubd Settlement conference scheduled for (date): Agreed to complete settlement conference by (data): Settlement conference completed on (date): (3) Neutral evaluation E Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to oompIete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial D 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 D arbitration Private arbitration not yet scheduled Private arbitration scheduIed for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): <6) Other (specify): E UDEID 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 (Rev. July 1. 201 1] CASE MANAGEMENT STATEMENT PIooSoH CMfiJfl PLAINTIFF/pETITIONER; And That Ton, et a_l. CAse NUMBER; 1QCV353087 DEFENDANTIRESPONDENT: Juan carranza RoaChO. et at. 11. insurance . a. E insurance carrier, if any, for party filing this statement (name): L'beny MUtual b. Reservation ofrights: D Yes D No c. E Coverage issues will_significantly affect resolution of this _ca§e (explain): Neither party has Insurance coverage to cover Plaintiffs Injury. 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status‘E Bankruptcy D Other(specify): Status: 13. Related cases, consolidation, and coordination a‘ D There are companion, underlying, or reiated cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:D Additional cases are described in Attachment 13a. b. E A motion to E consolidate D coordinate will be filed by (name party): 14. BifurcationE The party or parties intend to fiie 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 nartv or narties exnect tn file the followmomouons before trlal (snemfv movma Dartv. tvoe of motion and ssufié) 16. Discovery a. E The party or parties have completed ail discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discove/y): my £0rieflm DAQ c. E The foilowing discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110[Rev.JuIy1.2011] CASE MANAGEMENT STATEMENT Pnge4of5 CM-110 PLAINTIFF/PETImNER: Md That T0“, 9t 3L CASE NUMBER:_ J C R h t I 19CV353087 DEFENDANT/RESPONDENT: ”a” arranza 08° O’e a' 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 sections 90-98 will apply to this case. b.E 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 tn'al should not apply to 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.E The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules 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): l am completely famiiiar with this case and witl 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 at the time of the case management conference, including the written authority of the party where required. Date; 11/03/2020 . 1? “ I ..- Hf. '. ’Jfl", J54; 3"; 1",. 2"; Robert T. Tang, Esq. } Ix" A 5;,- Jgf' / {I (TYPE 0R PRINT NAME) {awAwRELéFVPféTy_o§AW_. ..-, ._ . i’l- ’ (TYPE 0R pRINT NAME) (s:(sNATURe 0F FARTY 0R Anoauev)D Additional signatures are attached." CM-110[Rev.July1,2011} CASE MANAGEMENT STATEMENT PageSofs