Case Management Statement Filed

Cal. Super. - 5th Dist.August 31, 2021

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): Victoria R. Bernhardt # 157294 McCormick Barstow 7647 North Fresno Street Fresno, CA 93720 TELEPHONE No.: 559-433-1 300 FAX No. (Optional).- 559-433-2300 E_F|LED E.MAILADDRESS;Victoria.bernhardt@mccormickbarstow.com 12/22/2021 3;40 PM ATTORNEY FOR (Name).- Defendants Copa Cabana Entertainment etc Superior Court of California SUPERIOR COURT OF CALIFORNIA, COUNTY 0F FRESNO county Of Fresno STREET ADDRESS: 1 130 O Street By; |_ Herrera, Deputy MAILING ADDRESS: CITY AND ZIP CODE: Fresno CA, 93721 BRANCH NAME: B.F Sisk Courthouse PLAINTIFF/PETITIONER: Francisca Luna DEFENDANT/RESPONDENT: Copa Cabana Entertainment LLC dba The Palace Night Club et al FOR COURT USE ONLY CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE D LIMITED CASE 21CECG02592 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 04, 2022 Time: 3:30pm Dept; D-402 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Victoria R. Bernhardt INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Copa Cabana Entertainment, LLC dba The Palace NightCIub, Bar b. D This statement is submitted jointly by parties (names): ICIaUdia Leticia Lossley and Cesar Lossley 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D 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 sewed (specify names and explain why not): (2) D have been sewed 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 ofinvolvement in case, and date by which they may be served): 4. Description of case a. Type of case in g complaint D cross-complaint (Describe, including causes of action): Negligence, Premises Liability, Negligent Hiring/ Retention/Traning/Supervision, Emotional Distress, Wrongful Death Page 1 of 5 Form Adopted for Manda‘ory Use Ca‘. Rules 0f Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 372073130 CM-1 10 [Rev. September 1, 2021] www.courls.ca.gov 040148-000000 81 135731 American Legalh’el, Inc. www.Foanol kFlmucom CM-110 PLAINTIFF/PETITIONER: Francisca Luna CASE NUMBER: DEFENDANT/RESPONDENT: Copa Cabana Entertainment etc 21CECGOZ592 4. b. Provide a brief statement of the case, including any damages. (lfpersonal injury damages are sought, specify the injuty 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.) This arises out of the May 22, 2021 shooting that occurred at the Palace Nightclub, bar and Lounge located at 446 Clovis Avenue in Clovis, California. The suspects have been charged and are awaiting trial while in jail 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 g a jury trial D a nonjury trial. (Ifmore than one party, provide the name of each party requesting a jury trial): all defendants 6. Trial date a. D The trial has been set for (date): b. E No trial date has been set. This case will be ready for trial within 12 months ofthe date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys wi|| not be available for trial (specify dates and explain reasons for unavailability): SEE ATTACHED 7. Estimated length of trial The party or parties estimate that the trial wi|| take (check one): a. E days (specify number): 7-1 0 b. D 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 D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Faxnumber: e. E-mailaddress: g. Party represented: 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) 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 ofthe California Rules 0f 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 g 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatoryjudicial 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) D Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery t0 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): 040148-000000 81 13573.1 CM-Mo [Rem September 1, 20211CASE MANAGEMENT STATEMENT Page 2 ofs l galNelJnc. " . . ’ol‘kFlmucom CM-110 PLAINTIFF/PETITIONER: Francisca Luna CASE NUMBER: DEFENDANT/RESPONDENT: Copa Cabana Entertainment etc 21033602592 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 patties 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): Mediation session not yet scheduled 1 M d_ f g Mediation session scheduled for (date): ( ) e la Ion Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement g Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled , Neutral evaluation scheduled for (date): (3) Neutral evaluation D Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Darbitration Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private D Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (6) Other (specify): D DUDE DUDE DUDE DDBDDDDfiDDDE 040148-000000 81 13573.1 CM-Mo [Rem September 1, 20211CASE MANAGEMENT STATEMENT Page a ofs - Legalh’el, Inc. ' . mWoI‘kFlmucum CM-110 PLAINTIFF/PETITIONER: Francisca Luna CASE NUMBER; DEFENDANT/RESPONDENT: Copa Cabana Entertainment etc 21CECG02592 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, 0r 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 D consolidate D coordinate wi|| be filed by (name party): 14. Bifurcation 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 g The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): If the criminal matters involving the two suspects (Eddie Cordero Serna - F21904232 and Anthony Guzman - F21904238) have not been completed prior to six months before the civil trial date, defendants will file a Motion to Stay Civil Trial until criminal cases of the two suspects have been completed so defendants can take depositions of the alleged suspects. 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 Descrigtion Date Defendant Depositions of parties and witness Per Code Defendant Expert depositions Per Code Defendant Written Discovery Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): 040148-000000 81 13573.1 CM-Mo [Rem September 1, 20211CASE MANAGEMENT STATEMENT Page 4 ofs ‘ x - l|\’el, Inc. r . . kFlowxom CM-1 10 PLAINTIFF/PETITIONER: Francisca Luna CASE NUMBER; DEFENDANT/RESPONDENT: Copa Cabana Entertainment etc 21CECG02592 17. Economic litigation 1U b.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 wi|| apply to this case. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery wi|| be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues X The party or parties request that the following additional matters be considered or determined at the case management conference (specify): If the criminal matters involving the two suspects (Eddie Cordero Serna - F21904232 and Anthony Guzman - F21904238) have not been completed prior to six months before the civil trial date, defendants wi|| file a Motion to Stay Civil Trial until criminal cases of the two suspects have been completed so defendants can take depositions of the alleged suspects. 19. Meet and confer a.D The party 0r 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): 2 | am completely familiar with this case and wi|| be fully prepared to discuss the status 0f 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 22, 2021 Victoria R. Bernhardt ’fi’flflafl/M (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) P (TYPE OR PR‘NT NAME) (SIGNATURE 0F PARTY OR ATTORNEY) D Additional signatures are attached. 040148-000000 8113573.1 CMVMO [Rev. Semembem, 20211CASE MANAGEMENT STATEMENT Page 5 of 5 l galNelJnc. ' V . ’ol‘kFlmucum VICTORIA BERNHARDT Trial/Mediation/Arbitration Calendar 099930-001419 8113576.1 12/22/2021 ______________________________________________________________________________________________ JANUARY 2022 ______________________________________________________________________________________________ FEBRUARY 2022 02/22/2022 Trial - Fresno ______________________________________________________________________________________________ APRIL 2022 04/18/2022 Trial - Fresno ______________________________________________________________________________________________ MAY 2022 05/09/2022 Trial - Fresno 05/16/2022 Trial - Fresno 05/31/2022 Trial - Fresno ______________________________________________________________________________________________ JUNE 2022 06/13/2022 Trial - Fresno 06/13/2022 Trial - Fresno ______________________________________________________________________________________________ JULY 2022 07/18/2022 Trial - Kern ______________________________________________________________________________________________ AUGUST 2022 08/01/2022 Trial - Fresno 8/15/2022 Trial - Tulare 08/22/2022 Trial - Kings ______________________________________________________________________________________________ SEPTEMBER 2022 09/19/2022 Trial - Fresno 09/26/2022 Trial -Tulare ______________________________________________________________________________________________ OCTOBER 2022 10/10/2022 Trial - Fresno 10/10/2022 Trial - Fresno 10/24/2022 Trial - Fresno ______________________________________________________________________________________________ NOVEMBER 2022 11/14/2022 Trial-Kern 11/28/2022 Trial - Kings ______________________________________________________________________________________________ DECEMBER 2022 12/19/2022 Trial - Fresno ______________________________________________________________________________________________ JANUARY 2023 01/09/23 Trial - Kern ______________________________________________________________________________________________ FEBRUARY 2023 02/14/2023 Trial - Fresno VICTORIA BERNHARDT Trial/Mediation/Arbitration Calendar 099930-001419 8113576.1 12/22/2021 02/21/2023 Trial - Fresno 02/27/2023 Trial - Madera ______________________________________________________________________________________________ MARCH 2023 03/20/2023 Trial - Fresno ______________________________________________________________________________________________ APRIL 2023 ______________________________________________________________________________________________ MAY 2023 ______________________________________________________________________________________________ JUNE 2023 ______________________________________________________________________________________________ JULY 2023 7/10/2023 Fresno 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MCCORMICK, EARSTOW, SHEPPARD‘ WAYTE & CARRUTH LLP 76w NORTH FRESNO STREET FREsNo‘ CA 93720 PROOF 0F SERVICE Luna v. Copa Cabana Case No. 21CECG02592 STATE OF CALIFORNIA, COUNTY OF FRESNO At the time 0f service, I was over 18 years 0f age and not a party t0 this action. I am employed in thc County 0f Fresno, Statc of California. My business address is 7647 North Frcsno Strcct, Fresno, CA 93720. On December 22, 2021, I served true copics 0f thc following document(s) described as 0n thc intcrcstcd parties in this action as follows: Darrel R. Rustigian Frank M. Nunes Darrel Rustigian Law Offices Law Offices of Frank M. Nunes, Inc. 545 E. Alluvial Avenue, Suite 107 6073 N. Fresno Street, Suite 101 Fresno, CA 93720 Fresno, CA 93710 Email: darrelrustigian@yahoo.com Email: info@nuneslaw.com Email: aundrea@rusti2ian1aw.com Email: kristin@nuneslaw.com BY MAIL: I enclosed the document(s) in a sealed envelope 0r package addressed t0 the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business With the United States Postal Service, in a sealed envelope With postage fillly prepaid. BY ELECTRONIC SERVICE (E-MAIL): Based on a court order or an agreement 0fthe parties t0 accept electronic service, my electronic service address is otis.caery@mccormickbarstow.com, and I caused the document(s) to be sent t0 the persons at the electronic service address(es) listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed 0n December 22, 2021, at Fresno, California. @g/z/ Otis Caery II