Statement Case Management ConferenceCal. Super. - 6th Dist.November 5, 2020Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/14/2021 2:05 PM Reviewed By: R. Fleming Case #20CV373143 Envelope: 7466123 20CV373143 Santa Clara - Civil R. Fleming CM-110 ATTORNEY OR PARTY WITHOUT ATI'ORNEY (Name. State Bat number. and address): FOR COURT USEONLY John Henry Perrott 21 3080 The Law Offices of John H Perrott, A PROFESSIONAL CORPORATION 1625 The Alameda, Suite 208 San Jose CA 95126-2223 TELEPHONE No.2 (408)-294-4600 FAX N0. (cpuonaa: (408)-295-581 1 E-MML ADDRESS (Optional): Jperrott@sjfamilyattorney.com ArrORNEY FOR (Name): The Law Offices of John H Perrott, A PROFESSIONAL CORPORATION SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 North First St. MAMNG ADDRESS: 191 North First St. CITY AND ZIP CODE: San Jose 951 1 3 amen NAME; Downtown Superior Court (DTS) PLAINTIFF/PETITIONER: The Law Offices of John H. Perm“. A PROFESSIONAL CORPORATION DEFENDANT/RESPONDENT: Humayun Kabir CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): m UNLIMITED CASE E LIMH’ED CASE ZO'CV'3731 43 (Amount demanded (Amount demanded is $25.000 exceeds $25.000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 26, 2021 Time: 1 0:00 AM Dept; 19 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 Intormation must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): Plaintiff, the Law Offices of John H. Perrott, APC b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaim (to be answered by plaintiffs and crosscomplainants only) a. The complaint was filed on (dare): 11/5/2020 b. D The cross-complaint. if any. was tiled on (date): 3. Service (to be answered by plaintiffs and cross-complainanrs only) a E All parties named in the complaint and cross-complaim have been sewed. have appeated. or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (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 of involvement in case, and date by which they may be served): 4. Description of ca_se a~ Type 0f €358 "1 E] complaint E cross-complaint (Describe, including causes of action): Breach of contract for unpaid legal fees (COA 1), and Common Counts for economic value of service rendered (c0A 2). Page 1 ol 5 mggm3mg“ CASE MANAGEMENT STATEMENT Cng‘gégggg;fl CM~110 (Rev. Juiy 1. 2011] www.couflsca.gov CM-110 CASE NUMBER: PLAINTIFFIPETITIONER: Th L 0ft" u h H.P mAPROFessmNALCORPORATIONe aw Iceso 0 n erro 20-cv-373143 DEFENDANT/RESPONDENT: Humayun Kabir 4. b. Provide a brief statement of the case. including any damages. (lfpersonal injwy 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.) Contract damages of $87.61 9.1 8 in unpaid legal fees, plus accrued interest as authorized by the written fee agreement. 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 E a jury trial m 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 set for (date): b. m No trial date has been set. This case wiil be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on whichgames or attorneys will not be available for trial ESEecify da_tes and explain reasons for unavailability): 11/24/21 - 11/ 6/21 Thanksgiving Holiday; 12/22/21 - 12/ /21 Christmas Holiday 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): b. m hours (short causes) (specily):Half Day, of 2.5 hours 8. Trial representation (to be answered for each pany) The party or parties will 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: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: Counselm 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: PartyD 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'm‘atter is sub'ect to mandatory judicial arbitration under Code of Civil Progedure section 1141.11 or to civil action mediatlor: under ode of Civil Procedure section 1775.3 because the amount m controversy does not exceed the statutory imit. (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 of the CaIifornia Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): cum law. am, 1. 20m CASE MANAGEMENT STATEMENT ““9”“ CM-110 DEFENDANT/RESPONDENTZ Humayun Kabir PLAINTIFF/PETITIONER: The Law omces of John H. Perm. A PROFESSIONAL CORPORATION CASE NUMBER: 20-CV-3731 43 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 compteting this form in the case have agreed to participate in or have already compIeted an ADR process or processes. indicate the status of the processes (attach a copy of the panies‘ADR stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete ADR session by (date): E D (1) Mediation E E Agreed to complete mediation by (date): E Mediation completed on (date): E Settlement conference not yet scheduled (2) Settlement m E Settlement conference scheduled for (dare): conference E Agreed to complete settlement conference by (date): E Settlement conference completed on (date): E Neutral evaluation not yet scheduled E Neutral evaluation scheduled for date : (3) Neutral evaluation E ( )E Agreed to complete neutral evaluation by (date): E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbinding judicial E E Judicial arbitration SCheduled fOl' (date)! arbmaflon E Agreed to complete judicial arbitration by (date): E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arb'tranon D Agreed to complete private arbitration by (date): E Private arbitration comp|eted on (date): D ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): E EE ADR comp|eted on (date): CM-no [Rem July 1. 2011] Page 3 ol 5 CASE MANAGEMENT STATEMENT CM-110 pLAINTuFF/pE-rmomsnz The Law Offices of John H. Perrott, A PROFESSIONAL co “SEWER: _ 20-cv-373143 DEFENDANT/RESPONDENT: Humayun Kabir 11. Insurance a. m Insurance carrier. if any, for party filing this statement (name):US Fire Insurance Company / Travelers Insurance b. Reservation of rights: 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.D Bankruptcy m Other (specify): Defendant has alleged he hired counsel, but no Substitution was filed Status: Substitution remained un-filed as of October 14, 2021 13. Related cases, consolidation, and coordination a, m There are companion. underlying. or related cases. (1) Name of case: In Re Marriage of Kabir (2) Name of court:Santa Clara County Superior Court (3) Case number: 201 0-5-FL-000755 (4) Status: Humayun filed a Notice of AppealE Additional cases are described in Attachment 13a. b. [j A motion to E consolidate E coordinate will be filed by (name pany): 14. BifurcationD 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 tria| (specify moving party, type of motion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovery): PaLty Descrigtion _D_at§ Plaintiff Request for Admission, Genuineness of Documents September 2, 2021 Plaintiff Civil Form Interrogatories (checking box 17.1) September 2, 2021 c, m The following discovery issues. including issues regarding the discovery of electronically stored information. are anticipated (specify): Plaintiff served the Request for Admission, Genuineness of Documents, Set Number One (1) and the Civil Form Interrogatories Set Number One (1) by mail and email on July 26, 2021. No response has been received, and the response is now late and overdue. A meet & confer letter was sent September 28, 2021. Defendant had a law firm contact Plaintiff seeking an extension, and the law firm which has not subbed in has represented that they would prepare a response. It is unclear whether this alleged counsel will sub in, and whether a response will be received, or Plaintiff must file a Request to deem the documents (primarily billing statements) admitted as genuine. WWWW 1‘ 2°11! CASE MANAGEMENT STATEMENT WW5 CM-110 PLAINTIFF/PET|T|0NER; The Law Offices of John H. Perron. A PROFESSIONAL CORPORATION DEFENDANT/RESPONDENT: Humayun Kabir CASE NUMBER: 20-CV-3731 43 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.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 issuesm The party or parties request that the following additional matters be considered or determined at the case management 19. conference (specify): Defendant has alleged that he has no funds to pay, and Plaintiff seeks a Judgment to record as an abstract. Plaintiff does not intend to seek funds form any alleged SSI or minimal living funds, but if Defendant's house is sold Plaintiff seeks to recover fees via an abstract. This matter should go to a settlement conference where a joint and neutral third party is present. Defendant (allegedly) hiring counsel calls his representations that he has no funds into question. Meet and confer a.E 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): Prior to filing the complaint the parties met & conferred about a possible confession of Judgment. Plaintiff set up a Google Meeting to discuss that after the Complaint was filed, but Defendant did not show up. Defendant served discovery, which was answered (Defendant disagreed with some answers). 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): l am completely familiar with this case and will be fu||y prepared to discuss the status 0t 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 m7agement conference including the written authority of the party where required Date: 10 John H. Perrott rrva on PRINT NAME) >/ (TYPE OR PRINT NAME) W %¢/ (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY)D Additional signatures are attached. CM-uo (Rev. Jury 1. 2011] CASE MANAGEMENT STATEMENT PagoSolS