Statement Case Management ConferenceCal. Super. - 6th Dist.August 12, 2019CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Alex Cha (SBN 208051); J. Edward Kim (282787) LAW OFFICES OF ALEX CHA & ASSOCIATES 707 Wilshire Blvd., 46th Floor, Los Angeles, CA 90017 TELEPHONE NO.; (213) 351 -3513 FAX NO. (Optional): (213) 351-3514 ETMAiL ADDRESS (Optional): edward@alexchalaw.eom ATTORNEY FOR (WameJ: Plaintiff MICHELLE CHOI SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara County STREET ADDRESS: 191 N. Flrst Street MAILING ADDRESS: 191 N. Flist Street CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: Dpwntown Supeilor Court (DTS) PLAINTIFF/PETITIONER: MICHELLE CHOI DEFENDANT/RESPONDENT: RAQUEL CARRILLO FOR COURT USE ONLY CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE □ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 19CV353141 A CASE MANAGEMENT CONFERENCE is scheduled as foiiows: Date: November 26, 2019 Time: 3:00 p.m. Dept.: 19 Address of court (if different from the address above): Div.: Room: VI Notice of Intent to Appear by Telephone, by (name): J. Edward Kim INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. I / I This statement is submitted by party (name): Plaintiff MICHELLE CHOI b. I 1 This statement is submitted jointly by parties (names): 2. Complaint and cross-compiaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): August 12, 2019 b. 1 1 The cross-compiaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-compiainants only) a. rVI All parties named in the complaint and cross-compiaint have been served, have appeared, or have been dismissed. b. I I The following parties named in the complaint or cross-compiaint (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 be served): 4. Description of case a. Type of case in [V complaint i i cross-compiaint Personal Injury-Motor Vehicle and General Negligence. (Describe, including causes of action): Form Adopted for Mandatory Use Judicial Council of California CM-110 (Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/15/2019 1:29 PM Reviewed By: System System Case #19CV353141 Envelope: 3657227 19CV353141 Santa Clara - Civil System System CM-110 PLAINTIFF/PETITIONER: MICHELLE CHOI case number: 19CV353141 DEFENDANT/RESPONDENT; RAQUEL CARRILLO 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost eamings. if equitable relief is sought, describe the nature of the relief.) On 10/16/2017 at approximately 8:00 a.m., Plaintiff Michelle Choi ("PiaintifT') was driving a motor vehicle on 1-237 West in Sunnyvale, California. Due to traffic conditions Plaintiffs vehicle had slowed to 20-25 miles per hour before it was rear ended by an unidentified male driving a gray Infiniti G35S, which was registered to Defendant Raquel Carrillo. As a result. Plaintiff incurred medical expenses and suffered loss of wages and earning potential. I I (if 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 I / I a jury trial I I a nonjury trial. (if more than one party, provide the name of each party requesting a Jury thai): 6. Trial date a. I I The trial has been set for (date): b. CZH 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 unavaiiabiiity): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. I / I days (specify number): 4-5 b. I I hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parlies will be represented at trial I / I by the attorney or party listed in the caption I I by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: ^E-mail address: g. Party represented: I I Additional representation is described in Attachment 8. 9. Preference I I 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 CZH has I I 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 I I has I I has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) I I This matter is suWect 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) I I 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) I I 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 1.2011] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: MICHELLE CHOI DEFENDANT/RESPONDENT: F5AQUEL CARRILLO CASE NUMBER: 19CV353141 10. c. Indicate the ADR process or processes that the party or parties are wiiiing 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 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 the parties'ADR stipulation): (1) Mediation m 1 / 1 Mediation session not yet scheduled 1 1 Mediation session scheduled for (date): i 1 Agreed to complete mediation by (date): \ \ Mediation completed on (date): (2) Settlement conference 1 / 1 Settlement conference not yet scheduled 1 1 Settlement conference scheduled for (date): 1 1 Agreed to complete settlement conference by (date): 1 i Settlement conference completed on (date): (3) Neutral evaluation □ 1 i Neutral evaluation not yet scheduled 1 i Neutral evaluation scheduled for (date): i i Agreed to complete neutral evaluation by (date): 1 1 Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration a 1 1 Judicial arbitration not yet scheduled 1 1 Judicial arbitration scheduled for (date): 1 1 Agreed to complete judicial arbitration by (date): 1 1 Judicial arbitration completed on (date): (5) Binding private arbitration 1 1 Private arbitration not yet scheduled 1 1 Private arbitration scheduled for (date): 1 1 Agreed to complete private arbitration by (date): 1 1 Private arbitration completed on (date): (6) Other (specify): □ 1 1 ADR session not yet scheduled 1 1 ADR session scheduled for (date): 1 1 Agreed to complete ADR session by (date): 1 1 ADR completed on (date): CM-110[Rev, July1,2011) CASE MANAGEMENT STATEMENT Page 3 of 5 CM-HQ. CASE NUMBER: PLAINTIFF/PETITIONER: MICHELLE CHOI 19CV353141 DEFENDANT/RESPONDENT: RAQUEL CARRILLO 11. Insurance a. I I Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: I I Yes I I No c. I I 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. I I Bankruptcy I I Other (specify): Status: 13. Related cases, consolidation, and coordination a. I I There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: I 1 Additional cases are described in Attachment 13a. b. I 1 A motion to I I consolidate I I coordinate will be filed by (name party): 14. Bifurcation I I 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 I I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. I I The party or parties have completed all discovery. b. 1 / I The following discovery will be completed by the date specified (describe aii anticipated discovery): Partv Description Date Plaintiff Written Discovery April 2019 Plaintiff Depositions May 2019 c. I I The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM 110 iRev July 1.2011] q^SE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: MICHELLE CHOI case number: 19CV353141 DEFENDANT/RESPONDENT: RAQUEL CARRILLO 17. Economic litigation a. I I 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. I I 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 issues I I 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. I / I 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): Plaintiffs counsel attempted to meet and confer by contacting Defendant directly and leaving a message. FlaintifTs has also forwarded all documents to Defendant's insurance carrier. 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 at the time of the case management conference, including the written authority of the party where required. Date: November 15, 2019 J. Edward Kim (TYPE OR PRINT NAME) SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) I I Additional signatures are attached. CM-110 [Rev July 1,2011) CASE MANAGEMENT STATEMENT Pagesots 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF 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 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, California 90017. On November 15, 2019 I served the following document(s), by method indicated below, on the parties in this action: SEE ATTACHED SERVICE LIST CASE MANAGEMENT STATEMENT BY U.S. MAIL By placing □ the original / ^a true copy thereof enclosed in a sealed envelope(s), with postage fully prepaid, addressed as per the attached service list, for collection and mailing at address 707 Wilshire Blvd., 46th Floor, Los Angeles, CA 90017, following ordinary business practices. 1 am readily familiar with practice for collection and processing of documents for mailing at address 707 Wilshire Blvd., 46th Floor, Los Angeles, CA 90017. Under that practice, the document is deposited with the United States Postal Service on the same day as it is collected and processed for mailing in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on November 15,2019 at Los Angeles, California. SERVICE LIST n Raquel Carrillo Defendant 1001 S. Main Street, #K202 Via U.S. MailMilpitas, CA 95035 Tel: (408) 420-5956 PROOF OF SERVICE