Statement Case Management Conference

Cal. Super. - 6th Dist.May 8, 2020

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number. and address): Daniel Malakauskas, SBN 265903 7345 South Durango Drive, Suite B-107-240 Las Vegas, NV 89113 TELEPHONE NO.: 866-790-2242 FAX NO. (Optiona/J:888-802-2440 E-MAIL ADDRESS (Optional): daniel@malakauskas.com ATTORNEY FOR (Name): Meryl Pomponio SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDREss, 191 North First Street MAILING ADDRESS: cITY AND zIP coDE, San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: Meryl Pomponio DEFENDANT/RESPONDENT: Douglas Parking, LLC CASE MANAGEMENT STATEMENT {Check one): W UNLIMITED CASE (Amount demanded exceeds $25,000) D LIMITED CASE (Amount demanded is $25,000 or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 25th, 2022 Time: 10:00 a.m. Dept.: 20 Address of court (if different from the address above): 0 Notice of Intent to Appear by Telephone, by (name): Daniel Malakauskas FOR COURT USE ONLY CASE NUMBER: 20CV366471 Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. 0 This statement is submitted by party (name): Meryl Pomponio b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) CM-110 a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) CJ have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. [=::J The followin9 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 [2J complaint CJ cross-complaint (Describe, including causes of action): Motor Vehicle Personal Injury; ADA 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 1/11/2022 5:00 PM Reviewed By: R. Fleming Case #20CV366471 Envelope: 8036985 20CV366471 Santa Clara - Civil R. Fleming CM-110 PLAINTIFF/PETITIONER: Meryl Pomponio CASE NUMBER: ,__ DEFENDANT/RESPONDENT: Douglas Parking, LLC 20CV366471 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff was injured when she was ejected from her wheel chair on Defendant's shuttle bus. D (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 0 a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. CJ The trial has been set for (date): b. 0 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. 0 days (specify number): 3-5 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial 0 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: CJ Additional representation is described in Attachment 8. g. Party represented: 9. Preference CJ 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 0 has D 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 D 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) CJ 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) D (3) D 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. 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 Page 2 ol 5 CM-111.. PLAINTIFF/PETITIONER: Meryl Pomponio >-- CASE NUMBER: bEFENDANT/RESPONDENT: Douglas Parking, LLC 20CV366471 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 that apply): stipulation): 0 Mediation session not yet scheduled 0 D Mediation session scheduled for (date): (1) Mediation D Agreed to complete mediation by (date): D Mediation completed on (date): [Z] Settlement conference not yet scheduled (2) Settlement GJ D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D D Neutral evaluation scheduled for (date): (3) Neutral evaluation D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial CJ D Judicial arbitration scheduled for (date): arbitration CJ Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private CJ D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled CJ t::J ADR session scheduled for (date): (6) Other (specify): D Agreed to complete ADR session by (date): t::J ADR completed on (date): CM-110 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT Page 3of5 PLAINTIFF/PETITIONER: Meryl Pomponio DEFENDANT/RESPONDENT: Douglas Parking, LLC 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction CASE NUMBER: 20CV366471 Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. 0 The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Discovery Plaintiff Depositions Pliantiff Records Subpoenas Plaintiff Expert Discovery Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIONER: Meryl Pomponio DEFENDANT/RESPONDENT: Douglas Parking, LLC 17. Economic litigation CM-110 CASE NUMBER: 20CV366471 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. D 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 D 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. W 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. 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): ---- 1 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: January 11th, 2022 Daniel Malakauskas (TYPE OR PRINT NAME) {TYPE QR PRINT NAME) CM-110 [Rev. July 1, 2011] • • (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CASE MANAGEMENT STATEMENT Page Sof 5 1 2 3 4 5 Pomponio v. Douglas Parking LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Case No.:20CV366471 PROOF OF SERVICE-CIVIL [Fed. R. Civ. P. §5; Cal. Code Civ. P. §§1011, 1013, 1031a, 2015.5] 6 METHOD OF SERVICE: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Personal Service Messenger Service Mail Facsimile Overnight/Expedited Delivery _ Electronic Mail X 1. I am a citizen of the United States of America and am employed in the County of CLARK, State of Nevada. I am over the age of 18 years and not a party within this action. 2. My place of employment is 7345 South Durango Drive, Suite B-107-240, Las Vegas, NV 89113. 3. On the date set forth below, I caused to be served a true and correct copy of the document(s) described as: CASE MANAGEMENT STATEMENT 4. I served the document(s) on the persons below, as follows: Dylan Williams, Attorney Gordon-Creed, Kelley, Holl & Sugerman, LLP 1901 Harrison Street, 13th Floor Oakland, CA 94612 Email: williams@gkhs.com; angel@gkhs.com; linda@gkhs.com. Attorney for Defendant(s): Douglas Parking 22 LLC 23 24 25 26 27 28 5. The docurnent(s) was served by the following means: PROOF OF SERVICE - 1 - 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 a. BY PERSONAL SERVICE. I personally delivered the document(s) to the persons at the address listed in item 4. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence or domicile with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. b. BY UNITED STATES MAIL. I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses in item 4 and (specify one): (1) _Deposited the sealed envelope with the United States Postal Services, with postage fully prepaid. (2) _Placed the envelope for collection and mailing, following ordinary business practices. I am readily familiar with the business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the County where the mailing occurred. The envelope or package was placed in the mail at _____ , California, County of ___ _ c. _BY OVERNIGHT/EXPEDITED DELIVERY. I enclosed the document(s) in an envelope or packaged provided by an [ overnight or expedited] delivery carrier and addressed to the persons at the same address in item 4. I place the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. d. BY MESSENGER SERVICE. I served the document(s) by placing them in an envelope or package addressed to the persons at the addresses listed in item 4 and providing them to a professional messenger service for delivery. e. _BY FAX TRANSMISSION. Based on an agreement of the parties to accept service by facsimile transmission, I faxed the document( s) to the person( s) at the fax numbers listed in item 4. No error was reported by the fax machine that I used. f. _X _BY ELECTRONIC MAIL. Based on a court authorizing electronic service, I caused the above document(s) to be sent to the recipient(s) at the electronic mail address in item 4. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. g. _BY CERTIFIED MAIL/RETURN RECEIPT REQUEST. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 4 (specify one): PROOF OF SERVICE -2- 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 (1) _Deposited the sealed envelope with the United States Postal Services, with postage fully prepaid for said certified mail/return receipt mailing. (2) _Placed the envelope for collection and mailing, following ordinary business practices. I am readily familiar with the business's practice for collecting and processing correspondence for mailing certified mail/return receipt mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid for said certified mail/return receipt mailing. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Dated: January 11th, 2022 By:Daniel Malakauskas PROOF OF SERVICE - 3 -