Case Management Statement Filed

Cal. Super. - 5th Dist.March 26, 2021

E-FILED 7/1/2021 11:51 AM Superior Court of California County of Fresno By: Estela Alvarado, Deputy CM-11O ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale BU number. and address): FOR COURT USE ONLY Garrett May; SBN 275909; George Semaan, SBN 313743 297 Santa Rosa Street San Luis Obispo, CA 93405 TELEPHONE N0.: (805) 780 7758 FAX N0. (Optional): (805) 980-7754 E-MAIL ADDRESS (Optional): ga rrett@mayfirm.com ATTORNEV FOMName): Plaintiffs Fanny Bonilla SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Fresno STREETADDRESS: 1130 "O" Street MAILING ADDRESS: cm AND ZIP CODE Fresno. CA 93721 -2220 BRANCH NAME B.F. Sisk Courthouse PLAINTIFF/PETITIONER: Fanny Bonilla DEFENDANT/RESPONDENT: Victor Hugo Togores, et. al. CASE MANAGEMENT STATEMENT C&SE NUMBER: (Check one): E UNLIMITED CASE E LIMITED CASE 21 CECGooe51 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 07/20/2021 Time: 3:30 PM Dept: 402 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone. by (name): Garrett May, Esq. or George Semaan, Esq. INSTRU CTIONS: 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): Plaintiff Fanny Bonilla b. E 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): 03/26/2021 b. E The cross-complaint. if any, was filed on (date): 3. Service (to be answered 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. E The following parties named in the complaint or cross-complaint (1) E have not been sewed (specify names and explain why not): (2) E have been sewed but have not appeared and have not been dismissed (special names): (3) E have had a default entered against them (specify names): c. D 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 In complaint E cross-complaint (Describe, including causes ofaction): Complaint alleges Negligence & Negligence Per Se. Plaintiff was injured in a motor vehicle collision. Page 1 of 5 pom. Mwwmmuse CASE MANAGEMENT STATEMENT cm-wacm Judidal Counu'l a! California rules 3.720-3.730 CM-1 1o (Rev. July 1. 201 I] wwmcomsagov CM-1 10 PLAINTIFF/PETITIONER: Fanny Bonilla CASE "UMBER_ . 21 CECGooss1 DEFENDANT/RESPONDENT; Victor Hugo Togores, 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, descn‘be the nature of the relief.) Personal injury. Motor Vehicle Collision. Plaintiffs suffered neck, back, shoulder, wrist and knee injuries. Global Past Medical Specials (to date): Approx. $16,000.00. Future medical expenses according to proof. Lost wages according to proof. General damages, according to proof.E (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 party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (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): See Trial Calendar attached. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. m days (specify number): Five (5) t0 seVen (7) Days- b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial E 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-mail address: g. Party represented:E Additional representation is described in Attachment 8. 9. PreferenceD 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. (2) For seIf-represented parties: Party E 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 mediationl under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory imit. (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 1 141 .1 1 . (3) D 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'“°IR°V-J"'Y‘- 2°"! CASE MANAGEMENT STATEMENT PW“ CM-1 1 0 _ PLAINTIFF/PETITIONER: Fanny Bonilla DEFENDANTIRESPONDENT: Victor Hugo Togores, et. al. CASE NUMBER: 21 CECGOO851 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): m (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 neutral 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): Judicial arbitration completed on (date): (5) Binding private arbitration 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 DUDE DUDE DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o [Rev. July 1. 201 1] Page 3 of 5CASE MANAGEMENT STATEMENT PLAINTIFF/PETITIONER: Fanny Bonilla CASE NUMBER: . 21CECG00851 DEFENDANT/RESPONDENT: Victor Hugo Togores, et. al. CMflifl 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes E 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.E Bankruptcy E 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. E A motion to E COHSOlidate E 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 pany, type of motion, and reasons): 15. Other motionsE The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovely): Pam Description Date Plaintiff Initial Written Discovery Aug/Sept 2021 Plaintiff Defendant Deposition Oct/Nov 2021 Plaintiff Supp. Written Discovery Per Code Plaintiff Expert Discovery Per Code c, E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 10 (Rev. July 1. 201 1] CASE MANAGEMENT STATEMENT ”9°40“ PLAINTIFF/PETITIONER: Fanny Bonilla CASE NUMBER:_ . 21 CECGOOBS1 DEFENDANT/RESPONDENT: V|Ct0r HUQO TogoreS. et. al. 17. Economic litigation 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. E 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 (specify): 19. Meet and confer a. 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 (SPeCI'fY)! 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: 06/30/2021 Geclge Semaan. Esq. ’ \ (TYPE 0R PRINT NAME) (EIGNATURE OF PXRTY 0R ATTORNEY) (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY)E Additional signatures are attached. CMc110[Rev.July 1.2011] CASE MANAGEMENT STATEMENT PageSofs The May Firm Trial Calendar EA'ITER TRIAL DATE S. Maldonado v. Barragan 7/02/2021 Henson v. Grialou 7/19/2021 Perea-Ochoa v. Endo 8/05/2021 O. Gonzalez v. Carson 8/06/2021 Diaz v. 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I am over 18 years of age and not a party to the within action; my business address is 2530 Professional Pkwy., Suite A, Santa Maria, CA 93455. On July 1, 2021, I served the following documents described as: CASE MANAGEMENT STATEMENT On the interested parties in this action, addressed as follows: Michael Eastwood, Esq. Law Offices of Raquel Birch 330 North Brand Blvd., Ste. 900 Glendale, CA 91203 Tel: (559) 440-7705 Fax: (866) 366-9168 fi‘csnolegalaoal[statucom lisu.han'old(ilsullstutcxom Attorneysfor Defendants Victor Hugo Togores and Antonia Sanclzez-I-[ernandez XX BY MAIL: I am readily familiar with the office practice for collection and processing of correspondence for mailing with the United States Postal Service (USPS). The correspondence indicated above would be deposited with the USPS the same date as this declaration in the ordinary course of business. The correspondence was placed for deposit with the USPS at the offices of The May Firm, 2530 Professional Pkwy Suite A, Santa Maria, CA 93455. The envelope(s) was/were sealed with postage fully prepaid on this date and placed for collection and mailing following ordinary business practices and addressed as shown above. BY PERSONAL SERVICE: By personally delivering the above-captioned document(s) t0 the parties within. XX BY EMAIL TRANSMISSION: I caused the above-referenced document to be sent via electronic mail to all patties t0 the electronic mail address(s) indicated above. I declare under penalty of perjury under the laws 0f the State of Cal' ' 4 he foregoing is true and correct, and that this declaration was executed 0n July 1, 2021, at San a z I'ornia. Debra'Rusaw - Legal Assistant _l _ Proofof Service