Statement Case Management ConferenceCal. Super. - 6th Dist.September 24, 2020ZOCV371 152 Santa Clara - Civil WWstem A‘I'I'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Alan F. Hunter [SBN 099805] Elizabeth G. Landess [SBN 138353] . _ GAVIN CUNNINGHAM & HUNTER Electronlfmlly Flled 5655 Silver Creek Valley Rd., PMB 665 by Superlor Court 0f CA, San Jose, CA 95138 County of Santa Clara, TELEPHONE N0; 408-294-8500 FAX N0. (Optional): 0n 1/22/2021 5:16 PM E.MAILADDREssmpa-onao: hunter@gclitigation.com |andess@gc|itigation.com Reviewed By; system System ATrORNEY FOR (Name): Def. Suzette Kelly case #20cv371 1 52 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN MATEO Envelope: 5698254 STREET ADDRESS: 400 County Center MAILING ADDRESS: CITYAND ZIP CODE: Redwood City, CA 94063 BRANCH NAME: Hall Of Justice & Records PLAINTIFF/PETITIONER: Fe Berroya, et al DEFENDANT/RESPONDENT: Suzette Kelly, et al. CASE MANAGEMENT STATEMENT 3558;335:017 (Check one): E UNLIMITED CASE D LIMITED CASE ' ' (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 2/3/21 Time: 9:OOam Dept: 11 Div.: Room: Address of court (if different from the address above): g Notice of Intent to Appear by Telephone, by (name): Alan F. Hunter or Elizabeth G. Landess INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Def. Suzette Kelly 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) a. D A|| 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) D 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. D The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of case a. Type of case in E complaint D cross-complaint (Describe, including causes of action): Auto accident Page 1 of5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3120-3130 CM-1 1O [Rev. July 1, 201 1] www.couns.ca.gov American LegalNet, Inc. www.FonnsWorkFlow,com CM-110 -DEFENDANT/RESPONDENT: Kelly - CASE NUMBER:PLAINTIFF/PETITIONER. Berroya 20_C|V_0401 7 4. b. Provide a brief statement of the case, including any damages. (prersona/ 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.) This is a wrongful death action arising from an auto accident. 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 g 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. D The trial has been set for (date): b. g 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): There is a pending criminal action in this matter and Defendant is unable to participate in discovery in this matter while the criminal action is pending. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Trials: 2021: Feb 26-April 02, July 02-Aug 06, Sept 13-Sept 22, Dec 23-Dec 31 2022: Jan 14-Feb 04, May 23- 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. g days (specify number): 7-1 O b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties wi|| be represented at trial E 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: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 X 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 seIf-represented parties: Party D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial arbitration or civil action mediation (if available). (1) D 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) 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) D 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): 0M4 1° [ReV' JU'V 1' 2°11] CASE MANAGEMENT STATEMENT P399 2 °f5 American LegalNet, Inc. www.FormsWorkFlow.c0m CM-110 PLAINTIFF/PETITIONER: Berroya D-EFENDANT/RESPONDENT: Kelly CASE NUMBER: 20-CIV-0401 7 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 processes (check all 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'ADR stipulation): (1) Mediation D 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 on (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 DUDE DUDE DUDE DUDE DD ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 10 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.c0ma CM-110 PLAINTIFF/PETITIONER; Berroya CASE NUMBER: _DEFENDANT/RESPONDENT: Kelly 20-ClV-O401 7 11. Insuranceag Insurance carrier, if any, for party filing this statement (name): Allstate b. Reservation of rights: D Yes D No om Coverage issues wi|| 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. 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 wi|| 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 parfy, type of motion, and reasons): 15. Other motions X The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Reserved 16. Discovery a. D The party or parties have completed all discovery. b D The following discovery will be completed by the date specified (describe all anticipated discovery): Pa_rty Descrigtion w Defendant Written Discovery Per code Defendant Depositions Per code Defendant Expert Discovery Per code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OIReV- JU'WvZWI CASE MANAGEMENT STATEMENT Pa9e4°f5 American LegalNet, Inc. www.FormsWorkFlow.c0m CM-110 PLAINTIFF/PETITIONER: Berro a CASE NUMBER:y 20-CIV-O41 7 ?EFENDANT/RESPONDENT: Kelly 17. Economic litigation 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 g The party or parties request that the following additional matters be considered or determined at the case management conference (specify): There is a pending criminal prosecution pending against Defendant and as such, there is an agreement to stay discovery against Defendant while the matter is pending. 19. Meet and confer a. g 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 wi|| 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: 1/20/21 Elizabeth Gong Landess > (?wdvgfi?AW (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR A'I'I'ORNEY) b (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATrORNEY) D Additional signatures are attached. CM-“OIReV- JU'WvZWI CASE MANAGEMENT STATEMENT Pages“ American LegalNet, Inc. www.FonnsWorkFlow.com