Case Management Statement Filed

Cal. Super. - 5th Dist.July 19, 2021

E-FILED 11/2/2021 1:43 PM Superior Court of California County of Fresno By: Marta Sanchez, Deputy CM-110 ArrORNEY 0R pARTY WITHOUT ATTORNEY (Name. state Barnumbar, and amass).- Scott A. VanWagenen SBN: 18221 1 DAVIS & VAN WAGENEN 5703 N. West Ave., Suite 100 FRESNO, CA 93711 TELPHONE N0; 559-438-1030 FAX No. (Optionaa:559-438-1362 EMAIL ADDREss scott.vanwagenen@davisvanwagenenlaw.com ATTORNEY FOR (NW): STACEY MARIE SMITH SUPERIOR COURT OF CALIFORNIA, COUNTY 0F FRESNO STREET ADDRESS 1130 O Street MAILING ADDRESS: 1 13o O Street C'TY AND Z‘P CODE Fresno, 93721-2220 BRANCH NAME B.F. Sisk Courthouse PLAINTIFF/PETITIONER: STACEY MARIE SMITH DEFENDANT/RESPONDENT: STEVEN JOHN KOWALSKI; EAN HOLDINGS, LLC; FOR COURT USE ONLY CASE MANAGEMENT STATEMENT (Check one): m UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE N UMBER: 2 l cecg02073 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 11/16/2021 Time:3:30 pm Dept.:402 Div.: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name):plaimiff b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants a. The complaint was filed on (date):7/21/21 b. E The cross-complaint. if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) only) a. E 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) m have not been served (specify names and explain why not): steven zctron, inc. john kowalski; can holdings, 11c; (2) E have been sewed but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specifl/ names): c. E The following additional parties may be added (special names, nature ofinvolvement in case, and date by whichthey may be served): 4. Description of case um 1 a. Type of case in E complaint E cross-oomplaint (Describe, including causes of action): motor vehicleaccident Page1 nu F AdtdfMdtoU CaLRloiCn.Jfggal gumdfgmfl'gng 5° CASE MANAGEMENT STATEMENT ,u,es“;,szo_3f‘7“30CM-I 10 [Rem Septumber 1. 2021] www.caum.ca gov WsflawDocIFumBuqu' CM-110 PLAINTIFF/PETITIONER: STACEY MARIE SMITH CASE NUMBER: DEFENDANT’RESPONDENTI STEVEN JOHN KOWALSKI; EAN HOLDINGS, LLc; 21°e°g°2073 4. b. Provide a brief statement of the case, including any damages. (/fpersona/ injury damages are sought, speqify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medica/_ expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) plaintiff was injured and sought medical attention 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 D a nonjury trial. (/fmore than one patty, provide the name of each party requesting ajury trial): 6. Trial date a. E The trial has been set for (date): b. m 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. m days (specify number): 5-7 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be représented at trial E by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: g. Party represented:D 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; readthe ADR information package provided by the court under rule 3.221 of the California Rules of Court for information about theprocesses available through the court and community programs in this case. (1) For parties represented by counsel: Counsel E] 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) Forself-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 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) 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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rem September 1. 2021] CASE MANAGEMENT STATEMENT P399 2 °f5 CM-110 PLAINTIFF/PETITIONER:STACEY MARIE SMITH DEFENDANT/RESPONDENT‘STEVEN JOHN KOWALSKI; BAN HOLDINGS, LLC; CASE NUMBER: 2 1 cecg02073 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 Mediation session notyet scheduledE Mediation session scheduled for (date): (1) Mediation E Agreed to complete mediation by(date):E Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement m E Settlement conference scheduled for(date):CONference E Agreed to complete settlement conference by (date):D Settlement conference completed on (date): m Neutral evaluation not yet scheduled l Neutral evaluation scheduled for date : (3) Neutral evaluation m ( i )E Agreed to complete neutral evaluatlon by (date):E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbindingjudicial E E Judicial arbitration scheduled for (date): arbitration E Agreed to complete judicial arbitration by (date):E Judicial arbitration completed on (date): E] Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitratb” E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): E ADR session not yet scheduled (6) Other (specify): E E ADR sessmn scheduled for (date):E Agreed to complete ADR session by (date):E ADR completed on (date): CM-1 1 O [Rem September 1. 2021] CASE MANAGEMENT STATEMENT Pane 3 0f 5 CM-1 10 PLAINTIFF/PETITIONER: STACEY MARIE SMITH CASE NUMBER: DEFENDANT/RESPONDENT: STEVEN JOHN KOWALSKI; EAN HOLDINGS, LLC; 21060g02073 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D 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. [j Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a. D 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 consolidate E coordinate will be filed by (name party): 14. BifurcationD 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 E The party or parties expect to file the following motions before trial (specify moving pady, type ofmotion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovery): Pam Description Mg c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ”“1““ S°P‘“‘*’°"' 2”” CASE MANAGEMENT STATEMENT P39“ °‘5 CM-110 PLAINTIFF/PETITIONER: STACEY MARIE SMITH CASE NUMBER: DEFENDANT/RESPONDENTI STEVEN JOHN KOWALSKI; EAN HOLDINGS, LLC; Zlcecgoz‘m 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. 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. E 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): 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 stipula the case management conference. including the written authority of the party where required. Date: 11/2/21 Scott A. VanWagenen ’ (rYPE 0R PRINT NAME) (SIGNATUR 0F PA Y 0R ATTORNEY) crvpe 0R pRINT NAME) (SIGNATURE 0F pARTY 0R ATTORNEY)E Additional signatures are attached. CM-1 1O [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT Page 5 °f 5