Statement Case Management ConferenceCal. Super. - 6th Dist.November 23, 2020CM-lb ATrORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar numbe, and address) LARRY Q. P1-IAN, ESQ. / SBN: 284561 Dreyer Babich Buccola Wood Campora, LLP 4 N. Second Street, Suite 650 San Jose, CA 95113 TELEPHONENO.. (408) 275-1300 E-MAIL ADDRESS (Optional) FAXNO.(Optional). (408) 2751331 ATTORNEYFOR(Name). Plaintiffs, HONG LE, ST AL. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREETAODRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE San Jose, CA 9511 3 HRANCHNAME Civil-Unlimited PLAINTIFF/PETITIONER: HONG LE, Individually, and as Guardian ad Litem for MARLENE LOPEZ, a minor DEFENDANT/RESPONDENT: FRANCISCO AVILA and DOES 1 through 10, inclusive FOR COURT USE ONLY CASE MANAGEMENT STATEMENT CASE NUMBER (Checkone): UNLIMITED CASE j LIMITED CASE 20CV373919 (Amount demanded (Amount demanded is $25,000 exceeds_$25,000) or_less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 10, 2021 Time: 10:00 a.m. Dept.: 19 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): LARRY Q. PHAN, ESQ. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiffs, HONG LE, ET AL. b. J 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 23, 2020 b. U The cross-complaint, if any, was filed on (date): 3. Service (to be answeied by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. IZj The following parties named in the complaint or cross-complaint (1) LJ have not been served (specify names and explain why not): (2) Li have been served but have not appeared and have not been dismissed (specify names): (3) Li have had a default entered against them (specify names); c. The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Type of case in complaint U cross-complaint (Describe, including causes of act/on): Personal Injury; Negligence. Pa9e 1 of 5 Form Adopled for Mandatory Use CASE MANAGEM ENT STATEM ENT Cal. Rules of Court, Judicial Counol of California CEB’ Essential rules 3.720-3.730CM-i 10 (Rev. July 1, 20111 ceb.com I www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/26/2021 10:37 AM Reviewed By: System System Case #20CV373919 Envelope: 6920935 20CV373919 Santa Clara - Civil System System CM-lb I PLAINTIFF/PETITIONER:uotiG LE, Individa11y, and as Guardian CASE NUMBER: Litem for MARLENE LOPEZ, a minor 20CV373919 DEFENDANT/RESPONDENT: FRANCISCO AVILA and DOES 1 through 10, inclusive 4. b. Provide a brief statement of the case, including any damages. (If personal 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.) Plaintiffs sustained physical injuries caused by defendants, and each of them, when they struck Plaintiffs’ vehicle. Plaintiffs’ medical specials are in an amount to be determined. J (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 XJ a jury trial ZJ a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. U The trial has been set for (date): b. 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): - c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 7-10 Days b. LJ 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 Li by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Li Additional representation is described in Attachment 8. 9. Preference J 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 Li 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 Li has Li has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) Li This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) Li 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) Li 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): CM-lb [Rev. July 1.2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CEB Essential ceb.com FOI1nS CM-lb Mediation session not yet scheduled (1) Mediation Li Mediation session scheduled for (date): LJ Agreed to complete mediation by (date): J Mediation completed on (date): LJ Settlement conference not yet scheduled (2) Settlement J Settlement conference scheduled for (date): conference U Agreed to complete settlement conference by (date): Li Settlement conference completed on (date): LJ Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date):(3) NeLitral evaluation J Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Li Judicial arbitration not yet scheduled (4) Nonbinding judicial LJ LJ Judicial arbitration scheduled for (date): arbitration J Agreed to complete judicial arbitration by (date): LJ Judicial arbitration completed on (date): U Private arbitration not yet scheduled (5) Binding private Li Private arbitration scheduled for (date): arbitration Li Agreed to complete private arbitration by (date): Private arbitration completed on (date): U ADR session not yet scheduled (6) Other (specify): J ADR session scheduled for (date): U Agreed to complete ADR session by (date): J ADR completed on (date): - PLAINTIFF/PETITIONER:H0NG _E, Indivithially, and as Guardian Litem for MARLENE LOPEZ, a minor DEFENDANT/RESPONDENT: FR)’.NCISCO AVILA and DOES I uhrough 10, inclusive CASE NUMBER: 20CV373 919 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): CM-lb [Rev July 1. 2011[ CASE MANAGEMENT STATEMENT GEB’ Essential ceb.com 5Forms Page 3 of 5 CM-lb PLAINTIFF/PETITIONER:HONG LE, IndividualJy, and as Guardian ad CASENUMBER: Litem for MARLENE LOPEZ, a minor 20CV373919 DEFENDANT/RESPONDENT; FRJ\NCISCO AVILA and DOES 1 :hrough 10, inclusive 11. Insurance a. L3 Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: 13 Yes U No c. 3 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. U Bankruptcy J Other (specify): Status: 13. Related cases, consolidation, and coordination a. Li There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Ui Additional cases are described in Attachment 13a. b. U3 A motion to Ui consolidate Ui coordinate will be filed by (name party): 14. Bifurcation UJ 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 motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in Limine 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Description Plaintiffs Written Discovery January 2021 Plaintiffs Depositions December 2021 Plaintiffs Expert Discovery Per Code c. 3 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-lb [Rev July 1.2011] CASE MANAGEMENT STATEMENT Page 4 of 5 cfB Essential ceb.com jFormS- CM-lb PLAINTIFF/PETITIONER: HONG LE, Individually, and as Guardian ad CASE NUMBER: Litem for MARLENE LOPEZ, a minor 20CV373919 DEFENDANT/RESPONDENT: FRANCISCO AVILA and DOES 1 through 10, inclusive 17. Economic litigation a. U 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. U 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 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. J 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): 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, including the written authority of the party where required. Date: July.2, 2021 TARRY 0. PHAN. RHO. (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) CM11OIRev JuIyl,20111 CEB Essential ceb.com JTJ Forms CASE MANAGEMENT STATEMENT Page 5 of 5 NATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) U Additional signatures are attached. 1 PROOF OF SERVICE - CCP § 1013, 1013a, 2015.5 and California Rules of Court, Rules 2.306, 2.251 2 3 Le, et a!. v. Avila Santa Clara County Superior Case No.: 20CV373919 4 5 I, Erica Placeres, declare that: 6 I am a citizen of the United States and am over the age of eighteen years and not a party to the within above-entitled action. I am an employee of Dreyer Babich Buccola Wood 7 Campora, LLP and my business address is 20 Bicentennial Circle, Sacramento, CA 95826. 8 On July 2021, I served the within document: 9 PLAINTIFFS’ CASE MANAGEMENT STATEMENT 10 On the parties in said action addressed as follows: 11 SEE ATTACHED SERVICE LIST 12 BY MAIL: I am familiar with my employer’s practice for the collection and processing of correspondence for mailing with the United States Postal Service and that each day’s mail 13 is deposited with the United States Postal Service that same day in the ordinary course of business. On the date set forth above, I served the aforementioned document(s) on the 14 parties in said action by placing a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing on this date, 15 following ordinary business practices, at Sacramento, CA, addressed as set forth above. 16 BY ELECTRONIC TRANSMISSION: Based on a Court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be 17 electronically sent to the persons on the attached service list. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the 18 transmission was unsuccessful. 19 BY PERSONAL SERVICE: By personally delivering a true copy thereof to the office of the addressee above. 20 D BY OVERNIGHT COURIER: By causing a true copy and/or original thereof to be 21 personally delivered via the following overnight courier service: 22 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on July 2021, at Sacramento, CA. 25 Erica Placeres 26 27 28 -1- Proof of Service 1 SERVICE LIST 2 Melissa R. Raffalow, Esq. Attorneys for Defendant RAFFALOW, BRETOI, LUTZ & STELE FRANCISCO AVILA 3 7677 Oakport Street, Suite 870 Oakland, CA 94621 4 Telephone: (877) 707-7992 Facsimile: (877) 397-9919 5 Email: mraffalow©mercuryinsurance.com; KGriggsmercuryinsurancecom; 6 oakland I eq a I © mercury insurance.com 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- Proof of Service