Statement Case Management Conference

Cal. Super. - 6th Dist.November 23, 2020

Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/22/2021 4:29 PM Reviewed By: System System Case #20CV373923 Envelope: 6085704 20CV373923 Santa Clara - Civil System System CM-110 ATTORNEY OR PARTY WITHOUT A‘n’ORNEY (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 95112 TELEPHONE No; 408-278-0480 FAX N0. (Optionaoz669-223-O406 E-MAIL ADDRESS (Optional): fitigation@habbaslaw.com ATTORNEY FOR (Name):Plaintiffs, Daniel Whitson & Connor Whitson SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREETADDRESS: 191 N. First Street MAMNGADDRESS: 191 N. First Street CITY AND ZIP CODE: San JOSE. CA 951 1 3 BRANCH NAME Unlimited Jurisdiction PLAINTIFF/PETITIONER: Daniel Whitson & Connor Whitson DEFENDANT/RESPONDENT: Leticia Moreno CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE C] LIMITED CASE ZOCV373923 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or Oess) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 04/06/2021 Time: 3200 pm Dept: 20 Div; Room: Address of court (if different from the address above): D 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): Daniel Whitson 8: Connor Whitson b. E3 This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (t0 be answered by plaintiffs and cross-comp/ainants only) a. The complaint was filed on (date): November 23. 2020 b. [:3 The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) have not been served (spechj/ names and explain why not): Leticia Moreno - out for service (2) E] have been served but have not appeared and have not been dismissed (specify names): (3)" [:3 have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description ofcase a- Type Ofcasem complaint E] cross-complaint Form AdoptedforMandamrste CASE MANAGEMENT STATEMENT Judicial Council of California CM~110 [Rex]. July 1, 201 1} (Describe, including causes of action): This ciaim arises out of an auto accident that occurred in Santa Clara Page 1 of 5 Cal. Rules of Coun, rules 3.720-3‘730 wwwcomfscagov CM-11O PLAINTIFF/PETITIONER; Daniel Whitson & Connor Whitson CASE NUMBER“ . . 200V373923 DEFENDANT/RESPONDENT: LethIE Moreno 4. b. Provide a brief statement of the case, including any damages. (/fpersonal 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. I: (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury tria! The party or parties request a jury trial E a nonjury trial. (If more than one party, provide the name of each party requesting a jury tn'al): 6. Trial date a. [:1 The trial has been setfor (date): b. No trial date has been set. This case wm be ready for trial within 12 months of the date of the filing of the compIaint (if not, explain): 0‘ %‘8§o°fievéfi%3é‘sp§r§‘éetsn§fsast ?{é‘EB’FéE’i'r‘l %%3Frfi¥fig?£'%f8{n‘t€¥?'s (EgfifiggxfifFéé‘flgaexf‘a‘ffSBYe’fiFfixnesvaoe’e ’éaé’éi’ab’”‘y)5 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5 b. E] 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 following: a. Attorney: b Firm: c Address: d. Telephone number: f. Fax number: e E-mai! 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: Counsel has E: has not provided the ADR information package identified in rule 3.221 to the cIient 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 matter is sub‘ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to 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 elects 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) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civii action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-"WRev- Ju'v 1' 20W CASE MANAGEMENT STATEMENT P39” °f5 CM-110 __ PLAINTIFF/PETITlONER: Daniel Whitson & Connor Whitson DEFENDANT/RESPONDENT: Leticia Moreno CASE NUMBER: 200V373923 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 aI/ that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the foliowing ADR indicate the status of the processes (attach a copy of the parties’ADR processes (check all that apply): 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 E: conference Semement conference not yet scheduled Settlement conference scheduled for (date): Agreed t0 complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation E Neutral evaluation not yet scheduled Neutra! evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial E arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private [:3 arbitration DUDE DUDE DUDE DUDE DUDE Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): cmno (Rev. Juiy 1. 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CMfijfl PLAINTIFF/PETITmNER: Daniel Whitson & Connor Whitson CASE NUMBER: . . 20CV373923 DEFENDANTIRESPONDENT: LethIa Moreno 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: C] Yes E3 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.a Bankruptcy [:3 Other (specify): Status: 13. Related cases, consolidation, and coordination a_ [:3 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [:1 Additional cases are described in Attachment 13a. b. E A motion to E consolidate C] coordinate will be filed by (name party): 14. Bifurcation [:3 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 motionsD The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. [:3 The party or parties have completed all discovery. b. The following discovew will be completed by the date specified (descn’be all anticipated discovery): Party Descrigtion Date Plaintiff Response to Written Discovery TBD Defendant Response to Written Discovery TBD Plaintiff Deposition TBD c. [:3 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM~110 (Rev. Juxy 1, 2011} CASE MANAGEMENT STATEMENT Page 4of5 CM-11D PLAINTIFF/PETITIONER; Daniel Whitson & Connor Whitson CASE NUMBER" . . 20CV373923 DEFENDANT/RESPONDENT: Let'c‘a Moreno 17. Economic litigation a,D 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 win apply to this case. b, [j 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 issuesE The party or parties request that the following additional matters be considered or determined at the case management conference (specifil): 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. Tota! number of pages attached (if any): 0 l am compietely 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 t0 enter into stipulations on thes issues atthe time of the case management conference, inciuding the written authority of the party where required. Date: March, :22, 2021 ‘ M Jeff Atterbury, Esq. (SBN 229462) } ‘4 z l (TYPE 0R PRINT NAME) (SIGNATURE F mg"MM (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ‘ [:j Additional signatures are attached. CM.110[Rev.JuIy1,2011] CASE MANAGEMENT STATEMENT PageSofS