Statement Case Management ConferenceCal. Super. - 6th Dist.July 17, 2020200V368444 Santa Clara - Civil QMeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY J. Edward Kim (SBN 282787) lEIectronically Filed ATTAIN LAW CORPORATION by Superior Court 0f CA, 21650 Oxnard Street, Suite 1408, Woodland Hills, CA 91367 County of Santa Clara, TELEPHONE No.: (888) 970-8627 FAX No. (Optional): (855) 935-7302 on 1 1/6/2020 10'10 PM E-MAILADDRESS(0ptionaI): edward@attainlaw.com Reviewed By: System System ATTORNEY FOR (Name): SYED H USAI N Case #20CV368444 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 5258543 STREETADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, 951 13 BRANCH NAME Downtown Superior Court PLAINTIFF/PETITIONER: SYED HUSAIN DEFENDANT/RESPONDENT: TESLA MOTORS, INC., et al CASE MANAGEMENT STATEMENT CASE NUMBERI (Check one): UNLIMITED CASE E LIMITED CASE 200V368444 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 17, 2020 Time: 3:45 pm Dept: 21 Div.: Room: Address of court (if different from the address above): 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. This statement is submitted by party (name): Plaintiff Syed Husain b. E 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): July 17, 2020 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. m The following parties named in the complaint or cross-complaint (1) m have not been served (specify names and explain why not): Tesla Motors Burlingame. Discussing dismissal of party (2) E have been served but have not appeared and have not been dismissed (specify 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 ca_se a- Type 0f case m complaint E cross-complaint (Describe, including causes of action): (1) Violation of Song-Beverly Consumer Warranty; (2) Breach of Implied Warranty of Merchantability; (3) Negligent repair Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 1o [Rev. July 1, 201 1] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER; SYED HUSAIN CASENUMBER=- 200V368444 DEFENDANT/RESPONDENT: TESLA MOTORS, INC., et aI 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 [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.) Plaintiff purchased a new 2018 Tesla Model 3, VIN 5YJ3E1 EA1JF008438 (hereinafter the “Subject Vehicle”) on or about April 24, 2018. The Subject Vehicle was purchased for the purpose of personal use and enjoyment by Plaintiff. However, the Subject Vehicle has suffered from the safety related non-conformities including, but not limited to, defects with driver's seat and other warranty non-conformities.E (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 a jury trial E a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. 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. 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 m 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-mail address: 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 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). (1) E 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 1141.11. (3) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“O [ReV-Ju'y 1' 2°11] CASE MANAGEMENT STATEMENT ”962°” CM-110 _ PLAINTIFF/PETITIONER: SYED HUSAIN DEFENDANT/RESPONDENT: TESLA MOTORS, INC., et al CASE NUMBER: 20CV368444 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 Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement m conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation E Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial E 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 E arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): E DUDE 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, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT cm PLAINTIFF/PETITIONER: SYED HUSA|N CASE NUMBER:_ 200V368444 DEFENDANT/RESPONDENT: TESLA MOTORS, |NC.. et al 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: 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 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 reasons): 15. Other motionsE The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Discovery June 2021 Plaintiff Depositions June 2021 c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 10 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: SYED HUSAIN CASE NUMBER:- 20CV368444 DEFENDANT/RESPONDENT: TESLA MOTORS, INCu 9t 3| 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. 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 (ifany): | 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 6, 2020 J. Edward Kim D AS” (TYPE OR PRINT NAM E) K) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-“O [ReV-Ju'v 1120111 CASE MANAGEMENT STATEMENT ”965°” KOOOQONUI-RUJNt-t NNNNNNNNNt-tt-ti-tHr-tb-tt-tr-tt-‘b-t OOQOUl-bUJNF-‘OKOOOQONMAUJNHO 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 21650 Oxnard Street, Suite 1408, Woodland Hills, California 91367. On NOVEMBER 6, 2020, I served the following document(s), by method indicated below, on the parties in this action: SEE SERVICE LISTBELOW CASE MANAGEMENT STATEMENT BY U.S. MAIL By placingD the original / Da 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 21650 Oxnard Street, Suite 1408, Woodland Hills, California 91367, following ordinary business practices. I am readily familiar with practice for collection and processing 0f documents for mailing at address 21650 Oxnard Street, Suite 1408, Woodland Hills, California 91367. 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. g BY ELECTRONIC SERVICE By electronically transmitting courtesy copies the document(s) listed above to the email address(es) 0f 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 of the State of California and the United States of America that the above is true and correct. Executed 0n November 6, 2020 at Los Angeles, California. J. Edward Kim SERVICE LIST Soheyl Tahsildoost, Esq. Theta Law Firm LLP Attorneys for Defendant’ . Tesla Motors, Inc. 15901 Hawthorne B1Vd., Sulte 270 Lawndale, CA 90260 Tel: 424-297-3 103 Fax: 424_286_2244 Via Electronic Mail sththetafirm£0m 1 PROOF OF SERVICE
