Statement Case Management Conference

Cal. Super. - 6th Dist.August 13, 2020

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar numoer anil etta'ress) Ali R. Moghaddami, Esq. (SBN 174548) LAW OFFICES OF ALI R. MOGHADDAMI 333 E. Glenoaks Blvd. Suite 202, Glendale, CA 91207 TELEPHONE NOJ (818) 500-4111 FAXNO.(opeonal) (818) 500-4144 EMAIL ADDREss (onlonalx armoghilaw@gmail.corn AITDRNEY FQR (Nam )t plaintiff, Rasoul Kohyarnejadfard SUPERIDR coURT DF cALIFoRNIA, coUNTY DF SANTA CLARA sTREET ADDREss: 1 91 North First Street MAILING ADDREss. Same as Above DITYANDzIPcoDE. San Jose, CA 951 13 BRANGH NAME CIVIL DIVISION PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD DERE)JDANT/REspor(DEr(T. Cupertino International Foods, Inc., et al CASE MANAGEMENT STATEMENT (Check one)i MJ UNLIMITED CASE H LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) FOR COURT USE ONLY CASE NUMBER 20CV369377 CM-110 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 12/15/2020 Time: 3:45 P.M. Dept.: 21 Dlvd Room: Address of court (if dlfferen( from lhe address above): Notice of Intent to Appear by Telephone, by (name)i Ali R. Moghaddami, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (snswer one): a. ~v'his statement is submitted by party (name): plaintiff, Rasoul Kohyarnejadfard b. ~ This statement is submitted jointly by parties (names): 2 Complaint and cross-complaint ((o be answered by p/ain(i/fs and cross-comp/ainanis only) a. The complaint was filed on (date)i August 13, 2020 b. ~ The cross-complaint, if any, was filed on (date): 3. Service (io be answered by plaintiffs and cross-comp/Binsnts on/yj 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 (1) M have not been served (speci/y names and explain why not): (2) M have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ 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 ~K complaint M cross-complaint (Describe, including causes of ac(ron): Failure to provide meal and rest periods, failure to pay overtime, failure to pay wages, waiting time penalties, failure to prepare, keep and produce itemized statements, Unfair Competition. Pa etofa Form Adopted for Mandatov Use J druai Counuiof Caffoma CM-110 (Re July I, 2011) CASE MANAGEMENT STATEMENT Cal RufesofCou t,rules 3 720-3 730 w courts ca Bov Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/17/2020 2:46 PM Reviewed By: System System Case #20CV369377 Envelope: 5312644 20CV369377 Santa Clara - Civil System System PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD DEFENDANT/RESPONDENT CuPertino International Foods, Inc., et al CASE NUMBER. 20CV369377 CM-110 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, sperxiy the injury and damages claimed, including medical expenses to date (indicate source and amount), estimated fulure medical expenses, lost earnings io date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief) Plaintiff alleges failure to provide meal and rest periods, failure to pay overtime, failure to pay wages, waiting time penalties, failure to prepare, keep and produce itemized statements, Unfair Competition. (if more space is needed, check this box and attach a page designaled as Atiachmeni 4b.) 5. Jury or nonjury trial The party or parties request K a jury trial H a nonjury tnal. (Iimore than one party, provide the name of each party requesting a jury tnai): 6. Trial date a. ~ The trial has been set for (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 dales and explain reasons for unavailabiiiiy): See attachment 6.c 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~v'ays (specify number): 3-5 b. ~ hours (short causes) (specify): 8. Trial representation (lo be answered for each party) The party or parties will be represented at trial ~ 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. 9. Preference This case is entitled to preference (specify code seclion): 10. Alternative dispute resolution (ADR) ~ by the following: 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 lX has W 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 W has H 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 Code of Cwil 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-110 iRey. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 PLAINTIFF/PETITIONER: RASOIJL KOHYARNEJADFARD EFENDANT/RESPONDENT: Cupertino International Foods, Inc., et al CASE NUMBER; 20CV369377 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 lhe specified information): The party or parties completing this form are willing to participate in the following ADR processes (checks/i 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'DR stlpulalionj: (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (dale)i Agreed to complete mediation by (dale): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date)i Agreed to complete settlement conference by (dale)i Settlement conference completed on (date) (3) Neutral evaluation C3 Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (dale)i Neutral evaluation completed on (dale): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (dale): Agreed to complete judicial arbitration by (dale): Judicial arbitration completed on (dale): (5) Binding pnvate arbitration Pnvate arbitration not yet scheduled Private arbitration scheduled for (dale): Agreed to complete private arbitration by (dale)i Private arbitration completed on (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (dale): Agreed to complete ADR session by (date): ADR completed on (dale): CM-110 IRe . July 1, 2011) CASE MANAGEMENT STATEMENT Ouse Joie PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD DEFENDANT/REspoNDENT; Cupertino International Foods, Inc., et al CASE NUMBER 20CV369377 11. Insurance a ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of nghts: H Yes H 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 processmg of this case and describe the status.~ Bankruptcy H Other (specify): Status: 13. Related cases, consolidation, and coordination a ~ There are fximpanion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b C] A motion to M consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, sevenng, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions~ The pany 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. ~y The following discovery will be completed by the date speafied (describe a/I anlicipafed discovery)i ~Part ~Descri tion Date PLAINTIFF WRITTEN DISCOVERY April 2021 PLAINTIFF DEPOSITIONS July 2021 PLAINTIFF EXPERT DISCOVERY Per Code c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify)i cM-110 lRe .J 111,20141 CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD DEPENDANTIREsppNDPMT Cupertino International Foods, Inc., et al CASE NUMBER 20CV369377 CM-110 17. Economic litigation a. ~ 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. ~ 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 (rt checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply fo this case): 18. Otherissues~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify)i 19. Meet and confer a. ~y 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 nol, explain): b. After meeting and conferring as required by rule 3.724 of the Cahfornia Rules of Court, the parties agree on the following (specify)i 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 17, 2020 Ali R. IVIoghaddami, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached cM-110 (Re Y Jeir I, 20)1) CASE MANAGEMENT STATEMENT Page 5 ef 5 Attachment 6.c. DATES ON WHICH ATTORNEYS OR PARTIES ARE UNAVAILABLE FOR TRIAL: TRIAL DATES CASE NAME VENUE 2021 TRIALS 01/25/2021 NEZAMITAFRESHI v. ROUGIER Santa Clara Superior Court 02/22/2021 HUER TA v. AFIF' RES TA URANT Los Angeles Superior Court 03/01/2021 C3 v. NATIONAL DAY 03/16/2021 PENATE v. TARGET INC. 03/22/2021 SERAJI v. SERAJI Los Angeles Superior Court Federal Central District Court Glendale Superior Court 03/29/2021 NGL LOGISTICS v. ALVAREZ, BERNAL Los Angeles Superior Court 04/12/2021 SCHUYLER v. ADAMS ORANGE SUPERIOR COURT 05/17/2021 06/02/2021 PALLARES v. KAMRAN STAFFING SALAZAR-FLORES v. LA MINERVA San Bernardino Superior Court Los Angeles Superior Court 06/18/2021 MAKY v. MORRISON Sonoma County Superior Court 08/02/2021 VILLALOBOS-MACIAS V. A UTOMO TIVE CREA TIONS, INC Orange Superior Court 10/12/2021 REYES v. 795 ENTERPRISES 10/18/2021 SMITH v. LEE 11/10/2021 CAVALLINI v. GOLDSTEIN Los Angeles Superior Court Los Angeles Superior Court Los Angeles Superior Court 2022 TRIALS 04/06/2022 12/12/2022 RUI'Z v. ELIAS SANCHEZ v. CRISP IMAGING Los Angeles Superior Court Orange Superior Court PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 10 I, LORENA RUIZ, am employed in the County of Los Angeles, State of California. I am over the age of 18 and am not a party to the within action. My business address is 333 East Glenoaks Boulevard, Suite 202, Glendale, CA 91207-2099. On November j7, 2020, I served the foregoing document described as: PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT on all parties in this action by: BY ELECTRONIC SERVICE: I served the foregoing document(s) on interested parties via email to each of the parties listed in the service caption above. A true and correct copy of the transmittal will be produced if requested by any party or the Court. 12 13 14 15 16 17 18 19 20 21 22 23 24 Attorne s for Defendants Cu ertino International Foods Inc. Rose International Market Inc. Ali Mehranfar a.k.a. Ali As har Mehranfar. Javad Mehranfar A.K.A. Mohammad Javad Mehranfar. Saied Mehrafar A.K.A. Said Mehranfar Nark Reynold Prioste Figueiredo, Esq. Structure Law Group, LLP, 1754 Technology Dr Ste 135, San Jose, CA 95110 Phone Number: (408) 441-7500 Fax Number: (408) 228-8787 Email: mrftastructurelaw.com I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of a party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in the affidavit. [State] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November +/ , 2020, at Glendale, California. 25 26 Loren uiz 27 28