Statement Case Management Conference

Cal. Super. - 6th Dist.September 26, 2019

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sfele Bar numeer andes'dress/: H. Gregory Nelch, Esg. (SBN3 118258) Rebecca D. Martino, Esg. (SBNt 236094) Coddington, Hicks 5 Danforth 555 Twin Dolphin DE., ¹300, Redwood City, CA 94065-2133 TELEPHoNENCY 650-592-5400 FnxNofoprwneg. 650-592-5027 EMAIL ADDREss fopnonel/I haelchschcuawyere. corn/ rmarciaoschdlawyars. corn ATroRNEYFoR/N m/I Defendant, BOnnie Stein SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDREss 1 9 1 North First Street MAILINGADDREss: San Jose, California 95 1 13 CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: MICHAEL NAHMOU DEFENDANT/REsPQNDENT: BONNE STEIN, et al. FOR COURT USE ONL Y C Ii/I-1 10 CASE MANAGEMENT STATEMENT (Check one): QQ UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date; 5/4/2021 Time: 10 I 00 a.m. Dept.: 19 Address of court (if different from the address above)f CASE NUMBER 19CV355713 Divd Room: Qg NoticeoflntenttoAppearbyTelephone,by(name)f Rebecca D. Martino, Esg. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. t. Party or parties (snswer one): s. [Q This statement is submitted by party (name): Bonnie Stein. b. C3 This statement is submitted jointly by parties (names)f 2. complaint and crossH:omplaint (lo be answered by plaintiffs snd cross-comp/sinanls only) a. The complaint was filed on (dale)f b. ~ The cross-complaint, if any, was filed on (ds/s)f 3. Service (to be answered by plaintiffs and cross-comp/sinsnls 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 (I) ~ have not been served (specify names and explain why nol): (2) ~ have been served but have not appeared snd have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties maybe added (specify names, nature ofinvolvementin case, and the date by which they may be served): 4. Description of case a. Type of case in Qg complaint ~ cross-complaint (Describe, including causes of action): Motor vehicle accident with alleged medical damages of over $ 500,000. Form Adopted for mandatory Use Judicial counolofceafomrs QQ EssentialDM-110[Rev July 1,2011l ~ )apollos'ASE MANAGEMENT STATEMENT Nahmou v. Stein Page 1 of 0 Cal. Rules of Coun, tutee 3.720-3.730 www coons.ca gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/19/2021 1:46 PM Reviewed By: System System Case #19CV355713 Envelope: 6268265 19CV355713 Santa Clara - Civil System System PLAINTIFF/PETITIONER:MICHAEL NAHMOU DEFENDANT/RESPONDENT: BONNE STEIN, et al. CASE NUMBER'9CV355713 CM-110 b. provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury snd damages claimed, including medical expenses to date (indicate source and amount), estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable reliefis sought, describe the nature of the relief) Complaint alleged automobile v. motorcycle accident on August 28, 2018 in Palo Alto, CA. Near Town & County Village. Special + general damages alleged by plaintiff. ~ (I/mere spaceis needed, check this box end attach a page designated as Attachment 4b) Jury or nonjury trial The party or parties request [Q a jury trial ~ a nonjury trial. (If more than one psrty, provide the name of each party requesting s jury trial): Trial date a. ~ The trial has been set for (dale)r b. Qg 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 Ior unavailability): Trralo: 2/12/211 6/26/211 7/6/211 7/9/211 9/13/211 10/1/211 11/1/211 12/6/211 2/7/221 3/18/221 4/11/222 4/14/222 4/22/222 6/6/22 I 5/4/23 Estimated length of trial The party or parties estimate that the trial will take (check one): a. Q(J( days (specify number)r 7 - 10 days b. ~ hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial QQ 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. 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 Q3 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 ~ 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-I I 0 iRov July 1, 20111 ("f[g Essefrtlat~M IZPFOrtne'ASE IIIIANAGEMENT STATEMENT Nahmou v. Stein Page 2 of B PLAINTIFF/PETITIONER:MICHAEL NAHMOU DEFENDANT/RESPONDENT: BONNE STEIN, et al. CASE NUMSEfu 19CV355713 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 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 ths 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 ~ Mediation session not yet scheduled ~ Mediation session scheduled for (date): ~ Agreed to complete mediation by (dsle): ~ Mediation completed on (date): (2) Settlement conference ~ Settlement conference not yet scheduled ~ Settlement conference scheduled for (date): ~ Agreed to complete settlement conference by (dale): ~ Settlement conference completed on (date): (3) Neutral evaluation ~ Neutral evaluation not yet scheduled ~ Neutral evaluation scheduled for (dsts): ~ Agreed to complete neutral evaluation by (dais): ~ Neutral evaluation completed on (dais): (4) Nonbinding judicial arbitration ~ Judicial arbitration not yst scheduled ~ Judicial arbitration scheduled for (dste): ~ Agreed to complete judicial arbitration by (dale)1 ~ Judicial arbitration completed on (date): (5) Binding private arbitration ~ Private arbitration not yet scheduled ~ Private arbitration scheduled for (dale)r ~ Agreed to complete private arbitration by (date): ~ Private arbitration completed on (dste): (6) Other (SPecffy): ~ ADR session not yet scheduled ~ ADR session scheduled for (dale): ~ Agreed to complete ADR session by (date): ~ ADR completed on (date): CM.110 lacy. July I, 2011I ( ~ EsseftttstP3Rwms CASE MANAGEMENT STATEMENT Nahmou v. Stein Pose S 01 0 PIAINTIFF/PETITIONER:MICHAEL NAHMOU DEFENDANT/REsPQNDENT: BONNE STEIN, et al . CASE NUMSER. 19CV355713 CM-110 11. Insurance a. QQ Insurance carrier, if any, for parly filing this statement (nsme)/ CSAA b. Reservation of rights: Q3 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 (speci/y)/ 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: C3 Additional cases are described in Attachment 13a. b. ~ A motion to C3 consolidate ~ coordinate will be filed by (name psrty)/ 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 (specily moving party, type of motion, and reasons): 16. Other motions~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in Limine 16. Discovery a. ~ The party or parties have completed all discovery. b. QQ The following discovery will be completed by the date specified (describe all anticipated discovery)/ Para Descriotion Defendant Written Discovery Defendant Expert Depositions Date Ongoing Per Code c. KI The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify)/ Defendant has filed a motion to compel the Psychiatric Evaluation of Plaintiff. Defendant awaits a hearing date from the court forsaid motion. Defendant will not be prepared to mediate this caseuntil said psychiatric evaluation has moved forward. cM-1 10 IRuv. Jul y I, 201 1 I CASE MANAGEMENT STATEMENT P098 0 01 9 Nahmou v. Stein PLAINTIFF/PETITIONER: MICHAEL NAH)vfOU DEFENDANT/REsPQNDENT: BONNE STEIN, et al. CASE NUMSEFE 19CV355713 CM-110 17. Economic litigation a. ~ This is a limited civil case ji.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 litigation procedures relating lo discovery or Irial should nof 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. Meetandconfer 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 (i(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 (il any): I am completely familiar with this case and will be fully prepared to discuss the status of d)scove)y 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: April 19, 2021 R PtTPr r R n IVIR r P T')n ITYPE OR PRINT NAME) ECTYPE OR PRINT NAME) /oy 'E~ SFI Pfr~ )SIGNATURE 0 F PARTY OR ATTORNEY) ISIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. C M-1 10 IRou. July I, 20 1 I I Qfg Esserttla!joojponns. CASE MANAGEMENT STATEMENT Nahmou v. Stein Poso 5 of 5 6383 Adttrna Cirda Lot Angeles, CA 9¹5 Phono: (888) 882x5578 Fax: (888) 883-2946 CoortCaltoom Coo&Cook rohto* rx dr ox n o Cototcatto Court Cali Appeoronce - Service Copy This document shall serve as notice of a CourtCall Appearance by the participant listed below in the referenced case. Others wishing to appear remotely should contact CourtCall, LLC at (888) 882-6878 or (310) 342-0888. Rebecca D. Martino Coddington, Hicks lk Danforth Tel: (650) 592-5400 Fax: (650) Sg2 5027 Case Name: Michael Nahmou vs. Bonnie Stein Case Number: 12-19CV355713 Court Name: Santa Clara County Superior Court (CA) Dept/Judge: 19 / Judge Peter Kkwan (VC) Proceeding: Case Management Conference Date/Time: Tuesday, May 4th, 2021 at 10:00 AM PT ! Note: this is not a Confirmation of your CourtCall Appearance. Each participant must make his or her own arrangements with CourtCail. While clients can save money and Courts can become more efficient and generate revenue, CourtCall has the most impact upon practicing attorneys as it helps to give them their lives back. Attorneys can use the time they save using CourtCall to catch-up on other pressing matters, enjoy time with family and friends or otherwise take advantage of the time no longer spent traveling to and from Court. Call us for details. There are no subscriptions or equipment to buy. COURTCALL VIDEO IS HERE! CourtCall is equipping Courtrooms of interested Judges with its state-of-the-art, browser-based video conferencing platform, enabling full video participation for traditional CourtCall Appearances. Lawyers only need a computer with sufficient bandwidth and a webcam to view and/or share video in accordance with a Judge' preferences. To learn more about video options, please ask a CourtCall representative. The foregoing information may have been obtained from court records which may not reflect recent calendar changes. If it is inaccurate because your appearance has been continued, please apply this information to the new date. If the matter is off calendar, you have no involvement in the case or you do not wish to use this service, please disregard this notice. Do not call the Court Clerk. ! Our representatives are available to make presentations for your firm, your clients, Rar Associations or other groups. Please call to schedule a presentatioo. Remote Appearances. Simplified. CourtCall Appearances are available for over 2,000 Judges nationwide, with additional Courts being added monthly. Please visit our website at www.courtcall.corn for a complete list of participating Courts and Judges across the US, Canada and other jurisdictions. NOTFO [P] SERVICE COPY FOR COURTCALLO APPEARANCE Copyright 0 2021 CoortCall, LLC. All Righto Reserved. 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) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is iosevueraCa'.chdlawveis.corn 10 I am readily familiar with my employer's business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On April 19, 2021, I served a copy of each of the documents listed below by placing 12 them for processing as indicated herein. 13 14 CASE MANAGEMENT STATEMENT AND COURT CALL APPEARANCE - SERVICE COPY 15 16 17 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, California on this same date in the ordinary course of business. 18 19 20 21 22 23 24 25 26 27 Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility reydarly maintained by the overnight dehvery carrier, or delivered to a courier or dtiver authorized by the overnight dehyery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The ttansmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. 28 XX Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/or the Court has mandated that the parties serve documents thtough its Court approved vendor. The printed form of this document bearing the original signamre is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court Rule 2.257(a). Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in my employer's office. I have received no indication the electronic transmission did not reach the recipient. 9 PERSONS OR PARTIES SERVED: 10 PlaintffPs Attorney P/aintifPs Attorney 12 13 14 15 16 17 Rodney Mesriani, Esq. Mesriani Law Group 510 Arizona Avenue Santa Monica, CA 90401 Telephone: (310) 826-6300 Facsunile: (310) 820-1258 rodnev&mesrIani.Iom sanazPa.mesriani.corn Assistant: Rossy rossy@mesriani.corn J ., q.ames E. Fox, Es ox 8t Fox Law Corporation 1800 North Vine Street Los Angeles, CA 90028 Office: (818) 986-4494 Mobile: (818) 613-0665 Facsimile: (818) 981-1181 iames(a.foxandfoxlawcorn.corn Assistant: Ana Feliciano foxandfoxta.sbcelobaLnet 18 19 20 21 I 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 declaration was executed on April 19, 2021. 22 23 24 25 26 Court: Action No: Case Name: .ssi Oseguera Superior Court ofCahforuea, Saura Ciara Couuet 19CV555715 Naheuou v. Stein 27 28