Statement Case Management Conference

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

(Check one): ~x UNLIMITED CASE (Amount demanded exceeds $25,000) ~ LIMITED CASE (Amount demanded is $25,000 or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: ATTORNEY OR PARTY YM THOU T ATTORNEY tmame Slate Sac number snd address) Armineh Yousefian, Esq. (State Bar No. 285105) Adamson Ahdoot, LLP 1150 S. Robertson Blvd. Los Angeles, CA 90035 FAA No topitonsii'88.895.4665TELEPHONE NO 310.888.0024 E.MAiLAODRESSrantionag armineh@aa.laW ATTQRNEY FoR lNamel. Rosa De Jesus Aparicio Rodriguez, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA s~REE~ADDREss 191 North First Street MAILING ADDRESS'ITE AND zIP coDE San Jose, CA 951 13 SRANcH NT,ME Downtown Superior Court PLAINTIFF/PETITIONER: Rosa De Jesus Apsricio Rodriguez, et sl. DEFENDANT/RESPONDENT: Luc Duc Nguyen, et sl. CASE MANAGEMENT STATEMENT FOR COURT USE ONLY CASE NUMSER 20ct/373839 CM-110 Date: 03/08/2022 Time; 10:00 a.m. Dept.: 2 Divrt Room: Address of court (if different from the address above): ~x Notice of Intent to Appear by Telephone, by (name)r Armineh Yousefian, Esq 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) b. ~x This statement is submitted jointly by parties (names): Rosa De Jesus Aparicio Rodriguez, et al. 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-compla/nanls only) a. The complaint was filed on (dale): 11/20/2020 b ~ The cross-complaint, if any, was fiied on (date). 3. Service (to be answered by p/a/n/il'fs and cross-comp/a/nan/s only) a. ~x 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 (spec//y names and exp/ain whyno/).'2) ~ have been served but have not appeared and have not been dismissed (specify names). (3) ~ have had a default entered against them (spec//y names): c ~ The following additional parties may be added (spec/fy names, nature of/nvolvemeni in case, and date by which they may be served). 4 Description of case a. Type of case in ~x complaint Negligence, auto v auto. ~ cross-complaint (Descr/be, inc/uding causes of action): F fmAd Pt df r Mandatory IJs Judfctal CounutofCaifofnfa CM-110 IRev. July 1, 2011I CASE MANAGEMENT STATEMENT Page 1 of 6 Cal Rules ofCourt, rules 3.720-3 730 evnv courts ca gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/22/2022 12:00 AM Reviewed By: R. Fleming Case #20CV373839 Envelope: 8332541 20CV373839 Santa Clara - Civil R. Fleming PLAINTIFF/PETITIONER: Rosa De Jesus Apsncio Rodnguez, et al. DEFENDANT/RESPONDENT: Luc Duc Nguyen, Bt sl. CASE NUMBER 20C)/373839 Cll/I-110 4. b. Provide a brief statement of the case, including any damages. (II personal injury damages are sought, specify the injury and damages c/a/med, including medical expenses ta date (/nd/ca/e source and amaun/), es/ima/ed future medica/ expenses, lost earnings Io date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief) Please see Attachment 4b. ~ a nonlury trial. (If more Iban one party, provide the name of each party ~ (If more space is needed, check this bax and attach a page designated as Attachment 45.) Jury or nonjury trial a. The party or parties request ~x a jury trial requesting a jury trial): 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 nof, explain): c Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unsvai/shih/y): 03/29/2022; 05/23/2022; and 07/11/2022. 7. 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): 8. 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 a. Attorney: b Firm: ~ by the following. c. Address: d. Telephone number: e. E-mail address:~ Additional representation is described in Attachment 8 9. Preference~ This case is entitled to preference (specify code sec/ion). 10. Alternative dispute resolution (ADR) f. Fax number: g Party represented: 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 ~ 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 civil action 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 mediatian under Code of Civil Procedure section 1775 et seq, (specify exemption): CM-116 IRev Jeir 1 20111 CASE MANAGEMENT STATEIIIIENT Peg 2efe PLAINTIFF/PETITIONER: Rosa De Jesus Aparicio Rodriguez, el al. DEFENDANT/RESPONDENT: Luc Duc Nguyen, et al. CASE NUMBER 2QCV373639 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 a/i that apply and provide /he spec//ied information): (1) Mediation The party or parties completing this form are willing to participate in the following ADR processes (check a// 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 (a/tach a copy of the parties' DR stipulation): ~x Mediation session not yet scheduled~ Mediation session scheduled for (da/e):~ Agreed to complete mediation by (date):~ Mediation completed on (date): (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(date) (3) Neutral evaluation ~ Neutral evaluation not yet scheduled~ Neutral evaluation scheduled for (dale):~ Agreed to complete neutral evaluation by (da/e):~ Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration ~ Judicial arbitration not yet scheduled~ Judicial arbitration scheduled for (de/e):~ Agreed to complete judicial arbitration by (date}:~ Judicial arbitration completed on (dale): (5) Binding private arbitration ~ Pnvate arbitration not yet scheduled~ Private arbitration scheduled for (date):~ Agreed to complete private arbitration by (date}:~ Private arbitration completed on (date): (6) Other (specify): ~x ADR session not yet scheduled~ ADR session scheduled for (date):~ Agreed to complete ADR session by (date):~ ADR completed on (da/e): CM 110 IRev July 1, 20111 CASE MANAGEMENT STATEMENT Page 3 of 6 PLAINTIFF/PETITIONER: Rosa De Jesus Aparicia Rodriguez, et sl. DEFENDANTIRESPONDENT. Luc Duc Nguyen, et Bi CASE NUMBER 20CV373839 CM-110 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (nsme): 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 (specify): Status. 13. Related cases, consolidation, and coordination a ~ There are companion, underlying, or related cases. (1) Name of case: (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 (specify moving party, type af motion, Bnd 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): Possibly motions in limine. 16 Discovery a. ~ The party ar parties have completed all discovery. b. ~x The following discovery will be completed by the date specified (describe sfl anticipated discovery) ~part Plaintiffs Plaintiffs Plaintiffs Desalttion Written Discovery Depositions Expert Discovery Per Code Per Code Per Code Date c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): cM 110 IRev. July 1. 2011I CASE MANAGEMENT STATEMENT Pg 4 re PLAINTIFF/PETITIONER: Rosa De Jesus Apsricic Rodnguez, et al. DEFENDANT/RESPONDENT: Luc Duc Nguyen, et al. CASE NUM SFR 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 of Civil 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 filed (if checked, explain specifica/ly why economic litigation procedures reiaiing io d/scovery or trial should noi apply fo this case): 18. Other issues~ The party or parties request that the following additionalmatters 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 (if not, explain): b. ~x After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): Plaintiff is in the process of obtaining deposition dates for Defendant Nguyen and third-party witnesses 20. Total number of pages attached (if any). 1 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 wntten authonty of the party where required. Date: February 21, 2022 Armineh Yousefian, Esq, (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEYI (TYPE OR PRINT NAMEI (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM11 ~ [Rev Jolyl,zolli CASE MANAGEMENT STATEMENT Page 6 of 6 ATTACHMENT 48 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 arrow, striking the left side of Plaintiffs'ehicle. As a result of thc incident, Plaintiff Rosa De Jesus Aparicio Rodriguez has been diagnosed with and has been experiencing shoulder pain, cervical radiculopathy, lumbar radiculopathy, low bacl& pain, neck pain, and a. thoracic sprain. As a result of the incident, Plaintiff Maria Ruiz Pattida has been diagnosed with and has been experiencing necl& pain, cervical radiculopathy, lumbar radiculopathy, low back pain, and right elbow pain. As a result of the incident, Plaintiff Aaliyah Malie Ruiz has been diagnosed with and has been experiencing minimal cervical intervertebra disc disorder, minimal lumbar intervertebral disc disorder, neck pain, and low back pain. Plaintiff's damages exceed the jurisdictional minimum. PROOF OF SLrRVICE STATE OF CALIFORNIA) COUNTY OF LOS ANGELES I am an employee in the County of Los Angeles, State ol'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, California 90035. On February 21, 2022, I served the document(s) described as: PLAINTIFFS'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: 10 12 Heather A. Bourne, Esq, hbournerfubrenierv hvte.corn arussell /ciibremerwhvte.corn Bremer Whyte Brown & O'Mera LLP 300 Frank H. Ogawa Plaza, Suite 355 Oakland, CA 94612 Attorneys for Defendant Luc Duc Nguyen Michael J. Choi, F.sq. nzcllOii rt wshb law.coul ttamafa)wshblav .corn iealevfctiwshblaw.corn Wood Smith Henning & Berman LLP 1491 Willow Pass Road, Suite 700 Concord, CA 94520-7982 Attorneys for Defendants Uber Teclmologies, 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 tj 1010.6(a)(2), (4) and (5).18 1 9 (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 report. 1 3 (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) 1 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 21 22 23 24 26 27 (BY MAIL) As follows; I placed such envelope, with 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 cotsespondence for mailing. Under that practice, it would be deposited with the U,S. Postal Service on that same day, with postage thereon fully prepaid, at Los Angeles, California, in the ordinaiy 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 February 21, 2022, at Los Angeles, California 28 1ROOP OR SH&Vtog