Statement Case Management ConferenceCal. Super. - 6th Dist.August 13, 2020"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): , FOR COURT USE ONLY | |Ali R. Moghaddami, Esq. (SBN 174548) | | (LAW OFFICES OF ALI R. MOGHADDAMI |333 E. Glenoaks Blvd. Suite 202, Glendale, CA 91207 | TELEPHONE NO.: (818) 500-4111 FAX NO. (Optional): (818) 500-4144 | E-MAIL ADDRESS (Optional): armoghilaw@gmail.com ____ ATTORNEY FOR (Name): Plaintiff, Rasoul Kohyarnejadfard | | SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA | STREET aDpRess: 191 North First Street MAILING ADDRESS: Same as Above i CITY AND ZIP CODE: San Jose, CA 95113 | I RANCHAME: CIVIL DIVISION _. erin | PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD | | DEFENDANT/RESPONDENT: Cupertino International Foods, Inc., et al : CASE MANAGEMENT STATEMENT | CASE NUMBER: | | (Check one): UNLIMITED CASE L__] LIMITED CASE | 20CV369377 (Amount demanded (Amount demanded is $25,000 | exceeds $25,000) or less) | A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 4/5/22 Time: 10:00 a.m Dept.: 19 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Ali R. Moghaddami, Esq. | 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, Rasoul Kohyarnejadfard b. [-_] 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): August 13, 2020 b. [__] The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants 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 (1) [-] have not been served (specify names and explain why not): (2) [1 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. L_] 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 complaint Lo cross-complaint (Describe, including causes of action): 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. Form Adored fo Mendon Use CASE MANAGEMENT STATEMENT Cel Reno Cut CM-140 [Rev. July 1, 2011} www. courls.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/22/2022 8:30 AM Reviewed By: R. Fleming Case #20CV369377 Envelope: 8562971 20CV369377 Santa Clara - Civil R. Fleming _ PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD CASE NUMBER: . . | 20CV369377 DEFENDANT/RESPONDENT: Cupertino International Foods, Inc., et al 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 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 designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial [Ja nonjury trial. (lf more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. L__] The trial has been set for (date): b. L__] 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): See attachment 6.c 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3-5 b. [_] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [-¥_] by the attorney or party listed in the caption [[_] by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: [J Additional representation is described in Attachment 8. 9. Preference ["_] 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 L_] 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 [1] 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 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev duly 1, 2011] CASE MANAGEMENT STATEMENT Page 20f5 CM-110 [PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD [CASE NUMBER! | DEFENDANT/RESPONDENT: i j | 20CV369377 i : Cupertino International Foods, Inc., et al 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 fhe parties'ADR =} | processes (check all that apply): | stipulation): Mediation session not yet scheduled [--] Mediation session scheduled for (date): (1) Mediation I Co Agreed to complete mediation by (date): | [__] Mediation completed on (date): [-] Settlement conference not yet scheduled (2) Settlement [-“] Settlement conference scheduled for (date): conference Cy Agreed to complete settlement conference by (date): ‘ [-] Settlement conference completed on (date): [1] Neutral evaluation not yet scheduled CJ] Neutral evaluation scheduled for (date): | (3) Neutral evaluation | Agreed to complete neutral evaluation by (dafe): [_] Neutral evaluation completed on (date): [J Judicial arbitration not yet scheduled (4) Nonbinding judicial [J] Judicial arbitration scheduled for (date): arbitration Cy Agreed to complete judicial arbitration by (date): [--] Judicial arbitration completed on (date): [--} Private arbitration not yet scheduled (5) Binding private [-"} Private arbitration scheduled for (date): arbitration Cc Agreed to complete private arbitration by (date): (_] Private arbitration completed on (date): [1 ADR session not yet scheduled [--] ADR session scheduled for (date): (6) Other (specify): | Agreed to complete ADR session by (date): + [J ADR completed on (date): eMento Rev. say) 2004) CASE MANAGEMENT STATEMENT “ PLAINTIFF/PETITIONER: RASOUL KOHYARNEJADFARD CASE NUMBER: | ~ . . 20CV369377 | DEFENDANT/RESPONDENT: Cupertino International Foods, Inc., et al 11. Insurance a. [L__] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [__] 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 (specify): 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: [_] Additional cases are described in Attachment 13a. b. [__] A motion to [__] consolidate [1] coordinate will be filed by (name party): 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 (specify moving party, type of motion, and reasons): 15. 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. L_] 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 5/2022 PLAINTIFF DEPOSITIONS 7/2022 PLAINTIFF EXPERT DISCOVERY Per Code c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): OM-110 (Rev. Jay 1, 2011] CASE MANAGEMENT STATEMENT Page 4 | PLAINTIFF/PETITIONER: RRASOUL KOHYARNEJADFARD CASE NUMBER: : . 20CV369377 DEFENDANT/RESPONDENT. Cupertino International Foods, Inc., et al 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. L__] 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 [__] 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 (if any): | 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: March 22, 2022 . a > Ali R. Moghaddam, Esq. | > /, (V& X od (TYPE OR PRINT NAME) “ (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) eee SIGNATURE OF PARTY OR ATTORNEY) [__] Additional signatures are attached. OM Rew duly 1, 2017) ~~ GASE MANAGEMENT STATEMENT Page 505 Attachment 6.c DATES ON WHICH ATTORNEYS OR PARTIES ARE UNAVAILABLE FOR TRIAL: 2022 TRIALS 04/13/2022 | CAVALLINI v. GOLDSTEIN ‘Los Angeles Superior . |Court - Spring Street | 05/31/2022 | ABRAMIANS v. HINCKLEY | Los Angeles Superior /Court - Spring Street | 06/06/2022 | SERAJI v. SERAJI 'Glendale Superior Court 06/14/2022 GONZALEZ v. LTK HAWATTI, | Los Angeles Superior INC. Court 06/20/2022 | ALVARADO v. PAPER SOURCE | Los Angeles Superior Court 06/27/2022 BALBOA v. LAW OFFICES OF | Los Angeles Superior | LIONEL GIRON Court | 08/01/2022 | DANESHRAD v. JALILI, ASEF | Los Angeles Superior Court 08/08/2022 | CASTRO v. BESTWAY 'Los Angeles Superior SANDWICHES Court 08/22/2022 GONZALES v. PAPERSOURCE | Los Angeles Superior | Court 08/29/2022 | CERVANTES v. NEMAN BROS. | Los Angeles Superior | Court | 11/07/2022 SIMON v. ABC CONSTRUCTION | Los Angeles Superior | Court 12/12/2022 | HERNANDEZ v. WHITTIER |Los Angeles Superior GIRLS SOFTBALL LEAGUE ; Court 1 | PROOF OF SERVICE BY MAIL 2 || STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3} 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 4] within action. My business address is 333 East Glenoaks Boulevard, Suite 202, Glendale, CA 91207-2099. 5 On March 22:), 2022, I served the foregoing document described as: | 6 || PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT on all parties in this action by: 7 es i BY ELECTRONIC SERVICE: I served the foregoing document(s) on 8 | interested parties via email to each of the parties listed in the service caption above. A true and correct copy of the 9} transmittal will be produced if requested by any party or the Court. 10 11 | Attorneys for Defendants Cupertino International Foods, Inc.; Rose International Market, Inc.; Ali Mehranfar, a.k.a. Ali Asghar 12 | Mehranfar; Javad Mehranfar A.K.A. Mohammad Javad Mehranfar; Saied Mehrafar A.K.A. Said Mehranfar 13 Mark Reynold Prioste Figueiredo, Esq. 14 | Structure Law Group, LLP, 1754 Technology Dr Ste 135, 15 | San Jose, CA 95110 Phone Number: (408) 441-7500 16 |) Fax Number: (408) 228-8787 Email: mrf@structurelaw.com 17 § rratner@structurelaw.com 18} I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with 19 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, 20 | service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit 21 ||} for mailing in the affidavit. 22} & [State] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and 23 | correct. 24 | Executed on March a, 2022, at Glendale, California. 25 | fo ‘og Lorena Ruiz 28