Case Management Statement Filed

Cal. Super. - 5th Dist.August 5, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Luke Stempniak, #333399 Griswold, LaSalle, Cobb, Dowd & Gin LLP 111 E. Seventh Street Hanford, CA 93230 TELEPHONE NO.: ( 5 5 9 ) 5 8 4 - 6 6 5 6 FAX NO.(Optional): E-MAILADDREss: stempniak@griswoldlasalle.com ATTORNEYFOR /NameJ; Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS: 113 0 0 St , MAIuNGAoDREss: 1130 O Street cITYANozIPcooE: Fresno, CA 93721 - 2220 sRANCHNAME: Civil PLAINTIFF/PETITIONER: DANIEL JAKE GORRELL ; and SONIA GORRELL DEFENDANT/RESPONDENT: LAURA OSBORNE CAMPBELL; PATRICK CAMPBELL; and DOES 1 through 10 inclusive CASE MANAGEMENT STATEMENT (Check one): IX) UNLIMITED CASE O LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 7, 2021 Time: 3:30 p.m. Dept.: 502 Address of court (if different from the address above): D Notice of Intent to Appear by Telephone, by (name): FOR COURT USE ONLY CASE NUMBER: 21CECG02284 Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): CM-110 a. IXI This statement is submitted by party (name): Plaintiffs, Daniel Jake Gorrell and Sonia Gorrell b. D 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) : August 5 , 2 0 21 b. D The cross-complaint, if any, was filed on (date) : 3. Service (to be answered by plaintiffs and cross-complainants only) a. IXI All parties named in the complaint and cross-complaint have been served, have appeared , or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D 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 the date by which they may be served): 4. Description of case a. Type of case in IX) complaint D cross-complaint Personal injury, emotional distress, consortium . (Describe, including causes of action): general negligence, and loss of Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3. 720-3. 730 www.courts.ca.gov Judicia l Council of Californ ia CEB"i Essential CM-110 [Rev. September 1, 20211 ceb.com 0Forms· Gorrell E-FILED 11/22/2021 5:04 PM Superior Court of California County of Fresno By: K. Daves, Deputy PLAINTIFF/PETITIONER: DANIEL JAKE GORRELL and SONIA GORRELL CASE NUMBER: 21CECG02284 DEFENDANT/RESPONDENT: LAURA OSBORNE CAMPBELL; PATRICK CAMPBELL CM-110 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) On September 18, 2020, Defendants attacked Mr. Gorrell . As a result of the attack, Mr. Gorrell was physically injured resulting in medical costs, loss of income, pain and suffering, as well as loss of consortiun on behalf of Mrs. Gorrell. D (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 D a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial}: 6. Trial date a. D The trial has been set for (date): b. D 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. IX) days (specify number): 1 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial IX) by the attorney or party listed in the caption a. Attorney: b. Firm: c. Address: d. Telephone number: e. E-mail address: D Additional representation is described in Attachment 8. 9. Preference D This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) f. g. Fax number: Party represented: D by the following: 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. ( 1) For parties represented by counsel: Counsel D has IX) 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 D has IX) has not reviewed the ADR information package identified in rule 3.221 . b. Referral to judicial arbitration or civil action mediation (if available). (1) D 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) D 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) D 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 [Rev. September 1, 2021] IIICEB'j Essential ceb.com E)Forms· CASE MANAGEMENT STATEMENT Page 2 of 5 Gorrell CM-110 PLAINTIFF/PETITIONER: DANIEL JAKE GORRELL and SONIA GORRELL CASE NUMBER: 21CECG02284 DEFENDANT/RESPONDENT: LAURA OSBORNE CAMPBELL; PATRICK CAMPBELL 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): ( 1) Mediation (2) Settlement conference (3) Neutral evaluation (4) Nonbinding judicial arbitration (5) Binding private arbitration (6) Other (specify): CM-110 [Rev. September 1, 2021] Ii] CEB' I Essential ceb.com E]Forms· 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 following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): IXI Mediation session not yet scheduled IXI D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation completed on (date): IXI Settlement conference not yet scheduled IXI D Settlement conference scheduled for (date): D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled D D Judicial arbitration scheduled for (date): D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date) : D Private arbitration not yet scheduled D D Private arbitration scheduled for (date): D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CASE MANAGEMENT STATEMENT Page 3 of 5 Gorrell CM-110 PLAINTIFF/PETITIONER: DANIEL JAKE GORRELL and SONIA GORRELL CASE NUMBER: 21CECG02284 DEFENDANT/RESPONDENT: LAURA OSBORNE CAMPBELL; PATRICK CAMPBELL 11 . Insurance a. D Insurance carrier, if any, for party filing this statement (name) : b. Reservation of rights: D Yes D No c. D 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. D Bankruptcy D 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: D Additional cases are described in Attachment 13a. b. D A motion to O consolidate D coordinate 14. Bifurcation will be filed by (name party): D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues) : 16. Discovery a. D The party or parties have completed all discovery. b. IX) The following discovery will be completed by the date specified (describe all anticipated discovery) : ~ Description Daniel Jake and Sonia Gor rell Written Discovery Daniel Jake and Sonia Gorrell Oral Discovery Daniel Jake and Sonia Gorrell Expert Discovery Date Per Code Per Code Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify) : CM-110 [Rev. September 1, 2021] DCEB"I Essential ceb.com 0Forms· CASE MANAGEMENT STATEMENT Gorrell Page 4of 5 PLAINTIFF/PETITIONER: DANIEL JAKE GORRELL and SONIA GORRELL CASE NUMBER: 21CECG02284 DEFENDANT/RESPONDENT: LAURA OSBORNE CAMPBELL; PATRICK CAMPBELL 17. Economic litigation CM-110 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 will apply to this case. b. D 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 D 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. D 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. D 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 stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: November 22, 2021 LUKE V STEMPNIAK CM-110 [Rev. September 1, 2021] liaCEB'j Essential ceb.com EJForms· (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) •-~-U:~ ___ / _ ;s~,~~N~AT_U_R_E _OF---,A,,..RTY~. ~O~R~A~ - 0- R-N-EY_) _ _____ _ •--- ----- (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CASE MANAGEMENT STATEMENT Gorrell Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 PROOF OF SERVICE CCP §§ 1011, 1013, 1013a, 2015.5; FRCP 5(b) I am employed in the County of Kings, State of California. I am over the age of 18 years and not a party to the within action; my business address is 111 E. Seventh Street, Hanford, California 93230. On November 22, 2021, I served the following document(s), CASE MANAGEMENT ST A TEMENT, on the interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as follows: Robert K. Phillips Yara K. Karmalawy PHILLIPS, SP ALLAS & ANGSTADT LLP 560 Mission Street, Suite 1010 San Francisco, CA 94105 Attorneys for Defendants Telephone: (415) 278-9400 Facsimile: (415) 278-9411 Emails: rphillips@psalaw.net ykarmalawy@psalaw.net 12 [] (By Mail) I deposited such envelope in the United States mail at Hanford, California. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GRISWOLD, LaSALLE, COBB, DOWD& GIN, LLP 111 E. SEVENTH STREET HANFORD, CA 93230 The envelope was mailed with postage thereon fully prepaid. [] (By Mail) As follows: I am 11readily familiarn with the firm's practice of collection and processing correspondence for mailing. Under the practice, it would be deposited with the U.S. Postal Service on the same day with postage thereon fully prepaid at Hanford, California, in the ordinary course of business. [] (By Overnight Delivery) I deposited such envelope in the Federal Express/UPS Next Day Air/U.S. Mail Express Mail depository at Hanford, California. The envelope was sent with delivery charges thereon fully prepaid. [X] (By Electronic Mail) I caused such documents to be sent to the stated recipient via electronic to the e-mail address as stated herein. [] (By Personal Service) I caused such envelope to be hand delivered to the offices of the addressee(s) shown above. [] (By Facsimile) I caused each document to be delivered by electronic facsimile to the offices listed above. [X] (State) I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. ~/\(_~/(/ Executed on November 22, 2021, at Hanford, CaJifor . . _ A LLIO CASE MANGEMENT STATEMENT Daniel Jake Gorrell and Sonia Gorrell v. Laura Osborne Campbell; Patrick Campbell, et al. Fresno County Superior Court, Case No.: 21CECG02284