Statement Case Management Conference

Cal. Super. - 6th Dist.November 17, 2020

Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/15/2021 1:29 PM Reviewed By: System System Case #20CV373581 Envelope: 6034441 20CV373581 Santa Clara - Civil System System CM-1 10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY Jeff Atterbury, Esq. (SBN 229462) Habbas, Nasseri & Associates 675 N. First Street. Suite 1000, San Jose, CA 951 12 TELEPHONE No.: 408-278-0480 FAX No, (0ptiona0:669-223-O406 E-MAiL ADDRESS (Optional): litigation@habbaslaw.com ATTORNEY FOR (Name): Plaintiff, Arman Zandian SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose, CA 951 1 3 BRANCH NAME: Unlimited Jurisdiction PLAINTIFF/PETITIONER:Arman Zandian DEFENDANT/RESPONDENT: Nicholas Allen Wages, et a1. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E3 LIMITED CASE 200V373581 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 03/30/2021 Time: 3:45 pm Dept; 21 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): Arman Zandian b. :3 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): November 17, 2020 b. E3 The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. D AI! parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. a The following parties named in the complaint or cross-compIaint (1) have not been served (specify names and explain why not): Nicholas Allen Wages; Brightview Landscaping Services, Inc, et al. - out for service (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 case a~ Type 0f case m complaint E] cross-complaint (Describe, including causes ofaction): This claim arises out of an auto accident that occurred in San Jose, CA. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court.Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730CM-110 [Rev. July 1, 2011) www.coun‘s.ca.gov CM-11O CASE NUMBER: ZOCV373581 __ PLAINTIFF/PETITIONER: Arman Zandian DEFENDANT/RESPONDENT; Nichoias Allen Wages, et al. 4. b. Provide a brief statement of the case, including any damages. (prersonal 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.) Pending. [:3 (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 pan‘y, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. No trial date has been set. This case wil| be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): C‘ Bfitee§oofievéfiifiaspaa§ée§i§ sas‘tc ’é‘SHFeE’E'r" “EE‘r‘mé’r-en‘i‘é’fi‘e’fi'fi fnfififié(388893»WFEea’Jfiafi‘flgfifié‘rsfifixfi/Oe’e ’éaé’rai’ab””Y)" 7. Estimated length of trial The party or parties estimate that the trial wiH take (check one): a. days (specify number): 5 b. [:3 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 foliowing: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: [:3 Additional representation is described in Attachment 8. 9. Preference [:3 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 E has not provided the ADR information package identified » in rule 3.221 to the client and reviewed ADR options with the client. A (2) For seif-represented parties: Party [:3 has C: has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [:3 This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or t0 civil action mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E Plaintiff eiects 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) [j 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-WRWJUW 1- 2°“! CASE MANAGEMENT STATEMENT Paw “5 CM-110 _ PLAINTIFF/PETITIONER: Arman Zandian DEFENDANT/RESPONDENT: Nicholas Allen Wages, et al. CASE NUMBER: ZOCV373581 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 fonowing ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to panicipate 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 neutra! 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): Judiciai arbitration completed on (date): (5) Binding private Private arbitration not yet scheduled Private arbitration scheduied for (date): DUDE DUDE] UDDU DUDE DUDE] DUDE arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): ~ . (6) Other (speczfy). - Agreed to compiete ADR session by (date): ADR completed on (date): CM«11O (Rev. July 1. 201 1] Page 3 of 5CASE MANAGEMENT STATEMENT cm PLAINTIFF/PETITIONER: Arman Zandian CASE NUMBER: . 20CV373581 DEFENDANT/RESPONDENT: Nicholas Auen Wages, et al. 11. Insurance a. E: Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [:3 Yes E No c. [j Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the coufl's jurisdiction or processing of this case and describe the status.E Bankruptcy [:1 Other (specify): Status: 13. Related cases, consolidation, and coordination a_ E 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 13a. b. [:3 A motion to E consolidate E coordinate will be filed by (name party): 14. Bifurcation 1:: The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the foilowing issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motionsE The party or parties expect to fiIe the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. E] The party or parties have completed an discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Plaintiff Response to Written Discovery TBD Defendant Response to Written Discovery TBD Plaintiff Deposition TBD c_ D The foHowing discovery issues, including issues regarding the discovery of electronicaliy stored information, are anticipated (specify): CM~110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4of5 CM-110 PLAINTIFF/PETITIONER: Arman Zandian CASE NUMBER:g . 20CV373581 DEFENDANT/RESPONDENT: Nicholas Auen Wages, et a‘. 17. Economic Iitigation 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 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 :3 The party 0r parties request that the following additional matters be considered or determined at the case management conference (specify): 19. 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): 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): 0 I am completely familiar with this case and wi" be fully prepared to discuss the status of discovery and alternative dispute resolution, as we“ 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, ( Z , 2021 MT Jeff Atterbury, Esq. (SBN 229462) D /,u ’ (TYPE OR PR‘NT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additiona! signatures are attached. CM-110fRev.July1,2011} CASE MANAGEMENT STATEMENT PageSofS