Statement Case Management Conference

Cal. Super. - 6th Dist.November 20, 2020

ATTDRNEv QR PARTY IN THDUT ATTDR NET ilvame, slale sar num oen and addvessl Armineh Yousefian, Esq. (State Bar No. 285105) Adamson Ahdoot, LLP 1150 S. Robertson Blvd. Los Angeles, CA 90035 FOR COURT USE ONLY CM-110 (Check one): ~x UNLIMITED CASE (Amount demanded exceeds $25,000) ~ LIMITED CASE (Amount demanded is $25,000 or less) FAx No iopflonag 888.895.4665TELEPHONE No 310.888.0024 E MAii AOORESS lapiionail armineh@aa-lip.COm A~~ORNEYFOR iNamel ROSa De JeSuS ApariCiO ROdngueZ, et ai SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDREss 191 North First Street MAILING ADDRESS cITYANDzIPDDDE San Jose, CA 95113 SRA NcH Ni ME Downtown Superior Court PLAINTIFF/PETITIONER: Rosa De Jesus Aparicio Rodriguez, et sl. DEFENDANT/RESPONDENT. Luc Duc Nguyen, et ai. CASE MANAGEMENT STATEMENT CASE NUMSER 20CY/373839 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date; 09/07/2021 Time: 10;00 a.m. Dept.: 2 Divx Room; Address of court (if different from the address above): ~x Notice of Intent to Appear by Telephone, by (name): Armineh Yousefian, Esq INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. I Party or parties (answer one). a ~ This statement is submitted by party (name): b. ~x This statement is submitted jointly by parties (names) Rosa De Jesus Apancio Rodriguez, et al 2. Complaint and cross-complaint (lo be answered by plaintiffs and cross-complainan/s only) a. The complaint was filed on (dale). 11/20/2020 b. ~ The cross-complaint, if any, was filed on (dale): 3. Service (to be answered by plaintiffs and cross-comp/ainan/s only) a. ~x AII 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 exp/ain why no/). (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specifynams)'. ~ The fallowing additional parties may be added (specify names, nature of involvement in case, and da/e by which they may be served): Description of case a Type of case in ~x complaint Negligence; auto v auto. ~ cross-complaint (Describe, including causes of ac/ion): Form Adopted for Mandaloly use Judiolal Counol f Cagfomla CM-110 IRev July I, 2011I CASE MANAGEMENT STATEMENT Page I ofa Cal Rules of Coun, rules 3 720-3 730 Iv vsv oounls oa gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/24/2021 11:24 AM Reviewed By: System System Case #20CV373839 Envelope: 7124917 20CV373839 Santa Clara - Civil System System PLAINR IFF/PETITIONER: Rosa De Jesus Apancio Rodriguez, et al DEFENDANT/RESPONDENT Luc Duc Nguyen, et al. CASE NUMBER 20CV373839 CM-110 4 b. Provide a brief statement of the case, including any damages (Ii personal injury damages are sough(, speci/y Ihe mjury and damages c/aimed, inc/udmg medica/ expenses Io da/e (/nd/ca/e source snd amounij, estimated future med/ca/ expenses, /osi earnings Io date, and eslima/ed future lost earnings. If equi(able relief is sought, describe Ihe nature of lite rehef) Please see Attachment 4b ~ a nonlury trial (If more Ihan ane party, provide lhe name o/each party ~ (If more space is needed, check this bax end a//ach a page designated as Atlachmeni 4b.) Jury or nonjury trial a. The party or parties request ~x a jury trial requesl/ng a jury Ir/a/). Trial date a. ~ The trial has been set for (dale): b. ~x 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 noi, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unava//abi/I/y). 09/08/2021 - 09/15/2021; 09/27/2021 - 10/11/2021. B. Estimated length of trial The party or parties estimate that the trial will take (check one) a ~x days (specify number): 5 - 7 b. ~ hours (short causes) (specify): Trial representation (Io be answered for each party) The party or parties will be represented at trial ~x by the attorney or party listed in the caption ~ by the following a Attorney: b. Firm c. Address: d. Telephone number: e E-mail address'.~ Additional representation is described in Attachment B. Preference~ This case is entitled ta preference (specify code section) f Fax number; g. Party represented: 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 infarmation about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel ~x has ~ 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 ~ 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 wvil aclion 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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq, (specify exempiian): cM-110IRev 10121 2011I CASE MANAGEMENT STATEMENT Page 2 fe PLAINTIFF/PETITIONER'Rosa De Jesus Aparicio Rodriguez, et ai DEFENDANT/RESPONDENT. Luc Duc Nguyen, el ai. CASE NUMBER 20CV373839 CM-110 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 aii that apply and provide the specified information): (1) Mediation The party or parties completing this form are willing to participate in the following ADR processes (check a/I 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'DR stipulation): ~x Mediation session not yet scheduled~ Mediation session scheduled for (da/e):~ Agreed to complete mediation by (da/e)' Mediation completed on (daie). (2) Settlement conference ~x Settlement conference not yet scheduled~ Settlement conference scheduled for (date);~ Agreed to complete settlement conference by(date)~ Settlement conference completed on (daie): (3) Neutral evaluation ~ Neutral evaluation not yet scheduled~ Neutral evaluation scheduled for (daie)~ Agreed to complete neutral evaluation by (date)~ Neutral evaluation completed on(re)'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 (dale): (5) Binding private arbitration ~ Private arbitration not yet scheduled~ Private arbitration scheduled for (daie):~ Agreed to complete pnvate arbitration by (da/e):~ Private arbitration completed on (da/e): (6) Other (specify): ~x ADR session not yet scheduled~ ADR session scheduled for (daie):~ Agreed to complete ADR session by (date):~ ADR completed on (date): CM-110 IReu July 1, 2011I CASE MANAGEMENT STATEMENT Pages 6/6 PLAINTIFF/PETITIONER; Rosa Ds Jesus Apsncio Rodnguez, et sl. DEFENDANT/RESPONDENT Luc Duc Nguyen, et sl CASENUMSER 20CV373839 CIVI-110 11.Insurance a ~ 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 (speci/y): Status. 13. Related cases, consolidation, and coordination a ~ There are companion, underlying, or related cases. (1) Nameofcase: (2) Name ofcourt; (3) Case number; (4) Status.~ Additional cases are described in Attachment 13a. b ~ A motion to ~ consolidate ~ 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 (spec/fy moving party, /ype of motion, and reasons): 15 Other motions ~x The party or parties expect to file the following motions before tnal (specify moving party, type of mo/ion, and issues) Possibly motions in limine. 16. Discovery a ~ The party or parties have completed all discovery. b ~x The following discovery will be completed by the date specified (describe a//anticipated discovery) ~Part Plaintiffs Plaintiffs Plaintiffs ~Descrt tion Written Discovery Depositions Expert Discovery Per Code Per Code Per Code Date c. ~ 1he following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (spec//y): CM-110 IReo Joiy 1 201ll CASE MANAGEMENT STATENIENT page 4 of 4 PLAINTIFF/PETITIONER, Rosa De Jesus Aparicio Rodriguez, et al. DEFENDANT/RESPONDENT: Luc Duc Nguyen, et al CASE NUMBER 20CV373839 CM-110 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 ot Ciwl Procedure sections 90-98 will apply to this case. b. ~ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be tiled (i/checked, exp/a/n specifics//y why economic litigation procedures re/ating to discovery or tris/ should noi apply to Ihis 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. ~x 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 (i/no/, exp/sin). b. ~x After meeting and conferring as required by rule 3 724 of the California Rules of Court, the parties agree on the following (speci/y): Parties have met and conferred regarding a discovery plan 20. Total number of pages attached (if any).' I 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, mcluding the written authority of the party where required. Date. 08/24/2021 Armineh Yousefian, Esq (TYPE OR PRINT NAME) ISIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) ISIG NATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. cM 110 IRFY July I, 2011) CASE MANAGEMENT STATEMENT Pugu 6 uf 6 ATTACHMENT 4B On April 6, 2019, Plaintiffs were the restrained occupants of 2013 Ford F15 traveling on Highway 87. As Plaintiffs were exiting Highway 87 and making a left turn on Skyport Drive, Defendant Nguyen ran a red-light anow, striking the left side of Plaintiffs'ehicle. As a result of the incident, Plaintiff Rosa De Jesus Aparicio Rodriguez has been diagnosed with and has been experiencing shoulder pain, cervical radiculopathy, lumbar radiculopathy, low bacl& pain, necl& pain, and a thoracic sprain, As a result of the incident, Plaintiff Maria Ruiz Partida has been diagnosed with and has been experiencing neck pain, cervical radiculopathy, lumbar radiculopathy, low bacl& pain, and right elbow pain. As a result of the incident, Plaintiff Aaliyah Malic Ruiz has bccn diagnosed with and has been experiencing minimal cervical intervertebral disc disorder, minimal lumbar intervertebral disc disorder, neck pain, and low back pain. Plaintiff's damages exceed the jurisdictional minimum. PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I a111 an employee in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 1150 S. Robertson Blvd., Los Angeles, Calil'ornia 90035. On August 24, 2021, I served the document(s) described as: PLAIN'fHrFS'ASE MANAGEMENT STATEMENT, on all interested parties in this action by placing a true copy 6 thereof enclosed in a sealed envelope addressed as follows: 12 Rachel S. Bravo, Esq, rbravoirabren1erwityte.coils Bremer Whyte Brown & O'Mera LLP 300 Frank H. Ogawa Plaza, Suite 355 Oakland, CA 94612 Attorneys for Defendant I,uc Duc Nguyen Carla N. Braunstein., Esq. cbraunsteinQwshblaw.corn Joseph M, Jee, Esq. iieeBnwshblaw.corn Wood Smith Henning k. Berman LLP 1491 Willow Pass Road, Suite 700 Concord, CA 94520-7982 Attorneys for Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC (BY ELECTRONIC MAIL) By electronically serving the document(s) to the electronic mail address set forth above on this date by or before 11:59 p.m., pursuant to California Rules of Court, Rule 2.251, and consistent with Code of Civil Procedure ss 1010.6(a)(2), (4) and (5) 13 (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the attorney at the offices of the addressee. 14 (BY OVERNIGHT DELIVERY) I caused a true copy thereof to be enclosed in a sealed envelope with delivery fees provided for, and to be deposited in the box regularly maintained by Federal Express in Los Angeles, CA. 16 17 (BY FACSIMILE) I sent such document via facsimile mail to the number(s) noted above. The transmission was reported as complete and without error, and the transmitting facsimile machine properly issued the transmission rcport. 21 22 23 24 26 27 28 (BY MAIL) As follows: I placed such envelope, v,ith postage thereon prepaid, in the United States mail at Los Angeles, California. I am "readily familiar" with the firm's practice of collecting and processing correspondence for mailing. Under that practice, ii would be deposited with the U.S. Postal Service on that same day, with postage thereon fully prepaid, at Los Angeles, California, in thc ordinary course of business. I am aware that, on motion of the party served, service is presumed invalid if the postal cancellation or postage meter date is more than one day after the date of deposit for mailing in this affidavit. H (STATE) I declare, under penalty of perjury under the laws of the State of California, that the above is true and correct. Executed on August 24, 2021, at Los Angeles, California. %tf4CCCA'f W~ Maricruz Hartman 1 PROOF OF SERVlCE