Statement Case Management Conference

Cal. Super. - 6th Dist.August 12, 2019

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Namo, State Barmmlxr. and address): AlexCha (SBN#208051) LAW OFFICES OF ALEX CHA & ASSOCIATES 707 Wilshire Blvd., 46th Floor, Los Angeles, CA 90017 TELEPHONE NO.: 213-351-3513 E-MAIL ADDRESS (Optional): alexOjalexchalaw.com ATTORNEY FOR fWa/no;: MICHELLE CHOI FAXHO.(Opaonal): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA COUNTY STREET ADDRESS: 191 Noilh Fifst Street MAILING ADDRESS: CITY AND ZIP coDE:San Jose. CA 95113 BRANCH NAME: Downtown Suoeriof Court fDTS) PLAINTIFF/PETITIONER: MICHELLE CHOI DEFENDANT/RESPONDENT: RAQUEL CARRILLO FOR COURT USB ONLY CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE (Amount demanded exceeds $25,000) I I LIMITED CASE (Amount demanded Is $25,000 or less) CASE NUMBER: 19CV353141 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 10/13/2020 Time: 10:00 a.m. Dept.: 20 Address of court (if different from ffie address above): I X I Notice of Intent to Appear by Telephone, by (name): Alex Cha Div. Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. nn This statement Is submitted by party (name): Michelle Choi b. I I This statement is submitted Jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plainti^ and cross-complainants only) a. The complaint was filed on (date): Auoust 12.2019 b. I I The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. nn All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. I I The following parties named in the complaint or cross-complaint (1) I I have not been served (specify names and explain why not): (2) I I have been served but have not appeared and have not been dismissed (specify names): (3) I I have had a default entered against them (specify names): c. I I The following additional parties may be added (specify names, nature of involvement in case, and date by which they may tie served): Description of case a. Type of case in fin complaint I i cross-complaint Personal injury-Motor Vehicle and General Negligence (Describe, including causes of action): Pagal ofS Fofin Adopted for Mendatoty Use Judicial Council of Califomla CM-110 [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Gal. Rules of Court, rules 3.720-3.730 www.coufts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/8/2020 3:58 PM Reviewed By: System System Case #19CV353141 Envelope: 5077574 19CV353141 Santa Clara - Civil System System CM-1 1 0 PLAINTIFFIPETITIONER: CASE NUMBER: DEFENDANTIRESPONDENT: 4. b. Provide a brief statement of the case, including any damages. (lfpersonal injury damages are sought, specify the injwy and damages claimed, including medical expenses to date [indicate source and amount], estimated Mare medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature ofthe relief.) On 10/16/2017 at approximately 8:00 a.m., Plaintiff Michelle Choi was driving a motor vehicle on l-237 West in Sunnyvale, CA. Due to traffic conditions, Plaintiff's vehicle had slowed before it was rear ended by Defenant Carlos Grigueros driving lnfiniti G358, which was registered to Defendant Raquel Carillo. As a result. Plaintiff suffered damages. D (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties requestE a jury trial E a nonjury trial. (Ifmore than one party, provide the name ofeach party requesting ajury trial): 6. Trial date a. E The trial has been set for (date): b. E No trial date has been set. 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 (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): 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 E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: g. Party represented:E Additional representation is described 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 avaiIable through the court and community programs in this case. (1) For parties represented by counsel: Counsel E has E 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 E has D 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 mandatoryjudicial 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)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 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): WWW“- ‘“"‘- 2““ CASE MANAGEMENT STATEMENT ””2“ CM-1 10 PLAINTIFFIPETITIONER: CASE NUMBER: DEFENDANTIRESPONDENT: 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 If the party or parties completing this form in the case have agreed to this form are willing to participate In or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check all (hat apply): stipulation): D Mediation session not yet scheduledE Mediation session scheduled for (date):E Agreed to complete mediation by (date):E Mediation completed on (date): (1) Mediation E E Settlement conference not yet scheduled (2) Settlement E E Settlement conference scheduled for(date): conference D Agreed to complete settlement conference by(date):D Settlement conference completed on(date): E Neutral evaluation not yet scheduledE Neutral evaluation scheduled for (date):E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): (3) Neutral evaluation E E Judicial arbitration not yet scheduled (4) Nonbinding judicial D E Judicial arbitration scheduled for (date): arbitration E Agreed to completejudicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration E Agreed to complete pn’vate arbitration by (date):E Private arbitration completed on (date): E ADR session not yet scheduledD ADR session scheduled for (date):E Agreed to complete ADR session by (date):E ADR completed on (date): (6) Other (specifir): E Page 3 015CW“ W"- JU'Y 1' 2‘" ‘1 CASE MANAGEMENT STATEMENT CM-1 10 PLAINTIFFIPETITIONER: CASE NUMBER: DEFENDANTIRESPONDENT: 11. Insurance a. D Insurance carrier, 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‘s jurisdiction or processing of this case and describe the status.E Bankruptcy E 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 Additional cases are described in Attachment 13a. b. E A motion to E consoiidate E coordinate will be filed by (name party): 14. BifurcationE 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 E The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. E The pany or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovely): Ram Malian gala Plaintiff Written Discovery December 2020 Plaintiff Depositions February 2021 c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specifir): Page 4 of 5CM-"OIRW-JU‘V1- 2°11] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFFIPETITIONER: CASE NUMBER- DEFENDANT/RESPONDENT: 17. Economic litigation a. D 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 lo this case): 18. Other issuesD 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 of the California Rules of Court (if not, explain): b. E 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): | 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 at the time of the case management conference. including the written authority of the party where required. >Alex Cha (TYPE 0R PRINT NAME) / (SIéNATURE 0F PARTY 0R ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached. Date: October 8. 2020 (TYPE OR PRINT NAME) Page 5015”mm“ “”2“" CASE MANAGEMENT sTATEMEN'r For your protection and privacy, please press the Clear Thls Form button after you have prlnted the form. | Print this form | | Save this form | LAW OFFICES OF ALEX CHA & ASSOCIATES 707 Wilshire Blvd., Floor 46 Los Angeles, California 9001 7 \OOOQQUIAUJN-n NNNNNNNNNHHHn-tp-A-tt-nn-sn-nt-I OOQQMhWNHOQOOQQM-bwwhdo PROOF 0F SERVICE F.R.C.P. 5 /C.C.P. § 1013(a)(3), c.c.P. § 1010.6(a)(6) / Cal. R. Ct. R. 2.260 I am a resident of, or employed in, the County ofLos Angeles. I am over the age of 18 and not a party to this action. My business address is 707 Wilshire Blvd., 46‘“ Floor, Los Angeles, CA, 90017. On October 8, 2020, I served the following document(s), by method indicated below, on the parties in this action: SEEBELOWSERVICE LIST CASE MANAGEMENT STATEMENT X BY ELECTRONIC SERVICE By electronically transmitting courtesy copies the document(s) listed above to the email address(es) of the person(s) set forth on the attached service list. To my knowledge, the transmission was reported as complete and without error. I declare under penalty of perjury under the laws ofthe State ofCalifornia and the United States ofAmerica that the above is true and correct. Executed on October 8, 2020 at Los Angeles, California. WzWZfla Alex Cha SERVICE LIST Rebecca Rickett, Esq. Attorneys for Defendant Law Offices of Santa Cruz, Cannon & Kothary Via EMAIL 1615 Murray Canyon Road, Suite 300 San Diego, CA 92108-43 14 Email: Rebecca.Rickett@libertymutual.com PROOF OF SERVICE CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. Stale Barnumber, and addmss): Fan counruse ouLv Alex Cha (SBN#208051) LAW OFFICES OF ALEX CHA & ASSOCIATES 707 Wilshire Blvd., 46th Floor, Los Angeles, CA 9001 7 TELEPHONE no; 21 3-351 -3513 FAX No. (Optional): E-MAIL ADDRESS (Optional): alex©alexchalaw.com ATTORNEY FOR (Name): MICHELLE CHOI SUPERIOR COURT OF CALIFORNIA. COUNTY OF SANTA CLARA COUNTY STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODESan Jose. CA 951 1 3 BRANCH NAME: Downtown Superior Court (DTS) PLAINTIFFIPETITIONER: MICHELLE CHOI DEFENDANTIRESPONDENT: RAQUEL CARRILLO CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one).- E UNLIMITED CASE D LIMITED CASE 19CV353141 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 10/1 312020 Time: 10:00 a.m. Dept: 20 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Alex Cha INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Michelle Choi b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cmss-complainants only) a. The complaint was filed on (date): Auqust 12. 2019 b. E The cross-oomplaint, if any, was filed on (date): 3. Service (to be answered by plaintifis and cross-complainants only) a. E All 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) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specifi/ names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofInvolvement in case, and date by which they may be served): 4. Description of case a. Type of case in E complaint E cross-complaint (Describe, including causes ofaction): Personal Injury-Motor Vehicle and General Negtigenoe Pegs 1 o! 5 Form Adopted for Mandatory Use Cal. Ru!“ of Conn. Judicial Council of Catifomia CASE MANAGEMENT STATEMENT rules 3.7204130 www.couds.ca.govCM-1 10 (Rev. July 1. 201 1] CM-1 10 PLAINTIFFIPETITIONER: CASE NUMBER: DEFENDANTIRESPONDENT: 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 flndicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable reliefis sought, descn'be the nature ofthe relief.) On 10/1 6/2017 at approximately 8:00 a.m., Plaintiff Michelle Choi was driving a motor vehicle on l-237 West in Sunnyvale, CA. Due to traffic conditions, Plaintiffs vehicle had slowed before it was rear ended by Defenant Carlos Grigueros driving Infiniti 6358, which was registered to Defendant Raquel Carillo. As a result. Plaintiff suffered damages.E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties requestE a jury trial E a nonjury trial. (Ifmore than one party, provide the name ofeach party requesting ajmy trial): 6. Trial date a. E Thetrial has been setfor (date): b. E No trial date has been set. 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 atlomeys will not be available for trial (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): 5 b- D hours (short causes) (special): 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 E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: g. Party represented:E Additional representation is described 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 parties represented by counsel: Counsel E has E 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: 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). (0E This matter is subject 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)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 case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (special exemption): °“‘"°‘R°"- “V‘- 2°‘" CASE MANAGEMENT STATEMENT "9”“ CM-110 PLAINTIFFIPETITIONER: CASE NUMBER: DEFENDANTIRESPONDENT: 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 If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes. participate in the following ADR indicate the status of the processes (attach a copy of the pam'es'ADR processes (check all that apply): stipulation): E Mediation session not yet scheduledD Mediation session scheduled for (date):E Agreed to complete mediation by (date):E Mediation completed on (date): (1) Mediation E D Settlement conference not yet scheduled (2) Settlement E E Settlement conference scheduled for(date): conference E Agreed to complete settlement conference by(date):E Settlement conference completed on (date): E Neutral evaluation not yet scheduledD Neutral evaluation scheduled for (date):E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): (3) Neutral evaluation E E Judicial arbitration not yet scheduled (4) Nonbinding judiciaI E D JUdiCiaI arbitration SChedUled for (date): arbitration E Agreed to complete judicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): D ADR session not yet scheduledE ADR session scheduled for (date):D Agreed to complete ADR session by (date):E ADR completed on (date): (6) Other (specify): E Page 3 of 5°”'"°‘R°" ““‘V ‘- 2“" CASE MANAGEMENT STATEMENT CM-1 1 0 PLAINTIFFIPETITIONER: CASE NUMBER: DEFENDANTIRESPONDENT: 11. Insurance a. D Insurance carrier, if any. for party filing this statement (name): b. Reservation of rights: D Yes D 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, 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 Additional cases are described in Attachment 13a. b. D A motion to D consolidate E coordinate will be filed by (name party): 14. BifurcationE 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 masons): 15. Other motions E 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. E The following discovery will be completed by the date specified (describe all anticipated discovery):m mm _a_D te Plaintiff Written Discovery December 2020 Plaintiff Depositions February 2021 c. E The following discovery issues. including issues regarding the discovery of electronically stored infonnation, are anticipated (specific: Page 4 of 5°M'"°‘R°“ 4""”m" CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER:PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 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 trial 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. D 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. E 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 at the time of the case management conference, including the written authority of the party where required. DAlex Cha mp5 0R PRINT NAME) / (SIéNATURE 0F PARTY 0R ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached. Date: October 8. 2020 (TYPE OR PRINT NAME) Page 50'sW” IR“ “'V " 2“" CASE MANAGEMENT STATEMENT For your protection and privacy, please press the Clear This Form button after you have printed the form. l Print this form I I save this farm I LAW OFFICES OF ALEX CHA & ASSOCIATES 707 Wilshirc Blvd., Floor 46 \OOOVO\UI-RDJNH Los Angeles, California 90017 N N N N [\J N N N N H -a -t -t :-n p-n r-A p-t H H 00 Q Q (II -§ DJ N '-‘ O O 0° Q Q U'I h b.) N '-‘ O PROOF 0F SERVICE F.R.C.P. 5 / c.c.P. § 1013(a)(3), c.c.1>. § 1010.6(a)(6) / Cal. R. Ct. R. 2.260 I am a resident of, or employed in, the County of Los Angeles. I am over the age of 18 and not a party to this action. My business address is 707 Wilshire Blvd., 46‘“ Floor, Los Angeles, CA, 90017. On October 8, 2020, I served the following document(s), by method indicated below, on the parties in this action: SEE BELOWSERVICE LIST CASE MANAGEMENT STATEMENT BY ELECTRONIC SERVICE By electronically transmitting courtesy copies the document(s) listed above to the email address(es) of the person(s) set forth on the attached service list. To my knowledge, the transmission was reported as complete and without error. I declare under penalty of perjury under the laws ofthe State of California and the United States of America that the above is true and correct. Executed on October 8, 2020 at Los Angeles, California. zflexmgéa Alex Cha SERVICE LIST Rebecca Rickett, Esq. Attorneys for Defendant Law Offices of Santa Cruz, Cannon & Kothary Via EMAIL 1615 Murray Canyon Road, Suite 300 San Diego, CA 92108-43 14 Email: Rebecca.Rickett@libertymutua|.com PROOF OF SERVICE