Case Management Statement Filed

Cal. Super. - 5th Dist.August 11, 2021

_.. CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (ene State Bar number, and address): : ee Daniel A, Torem, Esq. (SBN: 325346) Torem & Associates 1607 Pontius Ave. Los Angeles, CA 90025 TELEPHONE No.{ 3.10)276-7878 FAX NO, (Optional): ( ) - | E-MAIL ADDRESS (Optionay:toremlit@torem.com : : ATTORNEY FoR (Nama):Plaintiffs, MARIA O. TORRENTO ABARCA et al SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO street anpress: 1130 O Street waitin aporess: 1130 O Street city ano zie cove: Fresno, CA 93274 BRANCH NAME: ' | PLAINTIFF/PETITIONER: MARIA O. TORRENTO ABARCA DEFENDANT/RESPONDENT: SERGIO RICARDO MENDOZA ARELLANA et al. CASE MANAGEMENT STATEMENT CASE NUMBER: | (Check one): [CX] UNLIMITED CASE [“_] LIMITED CASE (Amount demanded (Amount demanded is $25,000 21CECG02368 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: . |Date: 12/8/2021 Time: 3:30 pm Dept.:402 Div.: Room: Address of court (if different from the address above): CX] Notice of Intent to Appear by Telephone, by (name): Daniel A. Torem, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 4, Party or parties (answer one): a. LX] This statement is submitted by party (name): Plaintiffs, MARIA O. TORRENTO ABARCA and ELIAS TORRENTO b. [__] This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 08/19/2021 b. {[__] The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. Ea All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed, b. [X27] The following parties named in the complaint or cross-complaint (1) [X] have not been served (specify names and explain why not): Defendant Sergio Ricardo has not been served, the pleadings are out for service. (2) [__]_ have been served but have not appeared and have not been dismissed (specify names): (3) [_] 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 date by which they may be served): 4. Description of case a. Type ofcasein CX] complaint L_] cross-complaint (Describe, including causes of action): Personal Injury - Auto v. Auto . _ . . wei . Page 1 of 5 Fora Council of Salfaria CASE MANAGEMENT STATEMENT niles 3720-9 730 CM-110 [Rev. July 1, 2014] www.cour ts.ca.gov E-FILED 12/1/2021 3:17 PM Superior Court of California County of Fresno By: T. Carrillo, Deputy . CM-110 PLAINTIFF/PETITIONER: MARIA O. TORRENTO ABARCA et al. 31 CECG02368 DEFENDANT/RESPONDENT: SERGIO RICARDO MENDOZA ARELLANA et al. | 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 expense s, fost earnings to date, and estimated future lost earnings. if equitable relief is sought, describe the nature of the relief.) Plaintiffs were traveling south bound on HWY 33, when Defendant, Sergio Ricardo Mendoza Orellana, who was intoxicated, drove into the medium near the intersection of HWAY 33. After running over two city street signs, Defendant struck Plaintiffs' vehicle head on causing the Plaintiff's vehicle to drive in reverse of HWAY 33 into a dirt lot. As a result of the former collision, Plaintiffs were severely injured. [LX] (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 [ela jury trial [_] a nonjury trial. (lf more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [_] 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): 5-10 days b. [_] hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial [XX] by the attorney or party listed in the caption [__] by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Cj Additional representation is described in Attachment 8. 9. Preference [__] 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 commun ities; read the ADR information package provided by the court under rule 3.227 for information about the precesses available throu gh the court and community programs in this case. (1) For parties represented by counsel: Counsel Le] has [J has not provided the ADR information packa ge identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party [__] has [__] has not reviewed the ADR information package identified in rule 3.221, b. Referral to judicial arbitration or civil action mediation (if available). (1) [] This matter is subject to mandatory judicial arbitration under Cade of Civil Procedure sectio n 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) [__] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount spec ified in Code of Civil Procedure section 1141.11. (3) [__] 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): OM-110 [Rev. July 1 2011] CASE MANAGEMENT STATEMENT Page 2 of § CM-110 [_ PLAINTIFF/PETITIONER: MARTA O. TORRENTO ABARCA et al. BA NUMER: | 2 bEFENDANTIRESPONDENT: SERGIO RICARDO MENDOZA ARELLANA e[~/CFCO0908 : 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 ail 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 following ADR | indicate the status of the processes (attach a copy of the parties’ ADR processes (check all that apply): | stipulation): Cc] Mediation session not yet scheduled Cc] Mediation session scheduled for (date): (1) Mediation Cy Agreed to complete mediation by (date): [__] Mediation completed on (date): : | Settlement conference not yet scheduled (2) Settlement | co | [-_] Settlement conference scheduled for (date): conference CJ Agreed to complete settlement conference by (date): [__] Settlement conference completed on (date): [_] Neutral evaluation not yet scheduled | Cc] Neutral evaluation scheduled for (date): (3) Neutral evaluation -_ Agreed to complete neutral evaluation by (date): [__] Neutral evaluation completed on (date): Cc] Judicial arbitration not yet scheduled (4) Nonbinding judicial [-_] Judicial arbitration scheduled for (date): arbitration CJ Agreed to complete judicial arbitration by (date): [[_] Judicial arbitration completed on (date): Cc] Private arbitration not yet scheduled (5) Binding private cl Cc] Private arbitration scheduled for (date): | arbitration CI Agreed to complete private arbitration by (date): [__] Private arbitration compieted on (date): [-_] ADR session not yet scheduled CI ADR session scheduled for (date): (6) Other (specify): [--] Agreed to complete ADR session by (date): | [(-] ADR completed on (date): Ort [Rev duly 1.2011 CASE MANAGEMENT STATEMENT rogesers PLAINTIFF/PETITIONER: MARIA O. TORRENTO ABARCA et al. CASE NUMBER 21CECG02368 DEFENDANT/RESPONDENT: SERGIO RICARDO MENDOZA ARELLANA et al. 11. Insurance a. [__] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: LC] Yes Cc] No c. {[-_] 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. [__] Bankruptey [__] Other (specify): Status: 13. Related cases, consolidation, and coordination a. [__] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: | Additional cases are described in Attachment 13a. b. [-]Amotionto [-_] consolidate [__] 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 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 iss ues): 16. Discovery a. [__] The party or parties have completed all discovery. b. LX] The following discovery will be completed by the date specified (describe all anticipated discovery) : Party Description Date Plaintiff Written Discovery April 2022 Plaintiff Depositions April 2022 Plaintiff Expert Deposition Pursuant to Code Cc. Cc) The following discovery issues, including issues regarding the discovery of electron ically stored information, are anticipated (specify): OM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 : . : . _ __CM-110 | PLAINTIFF/PETITIONER: MARIA O. TORRENTO ABARCA et al. CASE NUMBER: - |21CECG02368 DEFENDANTIRESPONDENT: SERGIO RICARDO MENDOZA ARELLANA e| 17. Economic litigation a. [__] 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. [__] 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. LX] 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}: . The parties have not yet had the opportunity to meet and confer. 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): | 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: December 1, 2021 canned oa a Daniel A. Torem, Esq. - > ral <- je -_ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) | | | | > _ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [__] Additional signatures are attached. CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Pag e 5 of 5 SHORT TITLE: CASE NUMBER: '- Torrento Abarca et al. vs Mendoza Arellana 21CECG02368 ATTACHMENT (Number): 4b _. (This Attachment may be used with any Judicial Council form} Due to the subject accident, Plaintiffs have suffered multiple injuries, Plaintiff Maria O Torrento Abarca suffers from traumatic chondromalacia patella on the left knee and right knee sprain. While Plaintiff Elias Torrento Abarca, suffers from sprain/strain, lumbosacral spine, muscololigamentous and bursitis on the right shoulder with small tear of the biceps anchor. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made unger penaity of perjury.) (Add pages as required) Form Approved for Optional Use ATT. ACH MENT www. courlinfo .ca.gov Judicial Council of California os . MC-025 (Rev. July 1, 2006] to Judicial Council Form