Statement Case Management Conference

Cal. Super. - 6th Dist.September 24, 2020

Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/29/2021 4:32 PM Reviewed By: System System Case #20CV371151 Envelope: 5745154 20CV371151 Santa Clara - Civil System System CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR COURT USE ONLY Joshua R. Jachimowicz/Eleno Nunez Gonzalez (Bar # 2783 16/471901) JACHIMOWICZ LAW GROUP 1530 The Alameda, Suite 115 San Jose, CA 95 126 TELEPHONE No.2 (408) 246-5 500 FAX Mo. (Optional): (408) 246- 1 051 E-MAIL ADDRESS (Optional): j05h@jachlawgroupgom ATTORNEY FOR (Name): Eduoard Nguyen and Melissa Key, Defendants/Cross-Complainants SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose 951 13 BRANCH NAME: San Jose PLAINTIFF/PETITIONER: John Phung, et a1. DEFENDANT/RESPONDENT: Eduoard Nguyen, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE C] LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or [933) 20CV371 151 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 2, 2021 Time: 3:00 p.m. Dept: 20 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): 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): Eduoard Nguyen and Melissa Key b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/ainants only) a. The complaint was filed on (date): September 24, 2020 b. The cross-complaint, if any. was filed on (date):Decembel‘ 14, 2021 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. C] 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): CI'OSS-Complainants are waiting for the Summons on their Cross~C0mplaint to be issued. (2) E have been served but have not appeared and have not been dismissed (specify names): (3) [j have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description ofca_se a- Type Ofcase In complaint cross-complaint (Describe, including causes ofaction): Plaintiff is seeking damages for alleged injuries sustained on the property of Defendants Nguyen and Key. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3‘730 CM-1 10 [Rev. July 1. 201 1] wmv.couds.ca.gnv LexisNexi3® A momared California Judicial Council Forms CM-110 __ PLAINTIFF/PETITIONER; John Phung, et a1. CASENUMBERZ DEFENDANT/RESPONDENT: Eduoard Nguyen, gt a1, 20CV371 1 51 4. b. Provide a brief statement of the case, including any damages. (/fpersonal injury damages are sought, specify the injwy 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 is seeking damages for alleged injuries sustained 0n the property of Defendants Nguyen and Key. 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 pariy, provide the name of each party requesting a jwy trial): 6. Trial date a. 1:3 The tria| 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 pany or parties estimate that the trial will take (check one): a. days (specify number): 5-7 b. E 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 E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e- E'ma" addreSS3 g. Party represented: C3 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 avanable 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: Party E: 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) E This matter is sula'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) 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 .1 1. (3) E 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”) [Rev' 3”" 1' 2°11] CASE MANAGEMENT STATEMENT Page 2 °‘5 LexisNexis® A utomated California Judicial Council Forms CM-110 __ PLAINTIFF/PETITIONER: John phung’etall DEFENDANT/RESPONDENT: Edward Nguyen etal' CASE NUMBER: 20CV371 151 10. c. Indicate the ADR process or processes that the party or parties are wilIing 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): lf 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 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 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 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 arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed 0n (date): (5) Binding private 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): DUDE DEED 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): CMA1 10 (Rev. July 1, 201 1} Page 3 of 5 CASE MANAGEMENT STATEMENT LexisNexis® A utomated California Judicial Council Forms PLAINTIFF/PETITIONER: John Phung, et a1. CASE NUMBER: BEFENDANT/RESPONDENT: Eduoard Nguyen, 3t a1. 20CV371 151 11. Insurance a. D Insurance carrier. if any, for party filing this statement (name): b. Reservation of rights: E Yes [:3 No c. a 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.B Bankruptcy E] 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:E Additional cases are described in Attachment 133. b. E: A motion to [:1 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 motions E: The party or parties expect to file the following motions before trial (specify moving pan‘y, type ofmotion, and issues): 16. Discovery a. E3 The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Em Descrigtion _D_a_t§ Defendant Written Discovery April 2021 Defendant Depositions June 2021 Defendant Independent Medical Examination August 2021 c, E3 The following discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): CM-“MRev-Ju'w-Zmfi CASE MANAGEMENT STATEMENT WW5 LexisNexis® A momated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: John Phung, et a1. CASE NUMBER: DEFENDANT/RESPONDENT: Eduoard Nguyen, et a1. 20CV371 1 51 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 appiy to this case. b. [j 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 discovely or trial should not apply to this case): 18. Other issues [:3 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. [:3 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 8.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (ifany): l 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 29, 2021 Joshua R. Jachimowicz/Eleno Nunez Gonzalez ’ ’- (TYPE 0R PR!NT NAME) WNATURE 0FPW (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [j Additional signatures are attached. CM-“O lRev- Ju‘v 1' 2°"! CASE MANAGEMENT STATEMENT Page 5°” LexisNexis® A utomated California Judicial Council Farms 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Phung v. Nguyen, et al Santa Clara County Court. Case N0. 20CV371 151 I declare that: I am employed within the County of Santa Clara, California. I am over the age 0f eighteen years and not a party t0 thc within cause; my business address is 1530 The Alameda, Suite 115, San Jose, California 95126. On the date set forth below, I served the: DEFENDANTS’ CASE MANAGEMENT STATEMENT on the interested parties in said cause: Heather Gibson, Esq. hgibson@gibsonhealth-law.com LAW OFFICES 0F HEATHER GIBSON. PC 1871 Martin Avenue Santa Clara, CA 95050 (408) 250-3502 ~- telephone (408) 287-7909 - facsimile Attorney for PlaintiffPHUNG / X/ (BY MAIL) I placed each sealed envelope, with postage thereon fully prepaid for first class mail, for collection and mailing at San Jose, California, following ordinary business practices. / / (BY PERSONAL SERVICE) I caused each such envelope to be delivered by hand to addressee(s) noted above. / / (BY FACSIMILE) I caused the said document to be transmitted by Facsimile machine to the number indicated after the address(es) noted above. / / (BY ELECTRONIC MAIL) I caused each such document to be transmitted via electronic mail (“e-email”) to the e-mail addressee(s) noted above. I declare under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct, and that th'e declaration was executed on January 29, 2021 at San Jose, California. PROOF OF SERVICE