Statement Case Management Conference

Cal. Super. - 6th Dist.January 4, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) Jim W. Yu (SBN 209118) Law Offices of Jim W. Yu 1255 Treat Blvd, Suite 300 Walnut Creek, CA 94597 FOR COURT USE ONL Y CM-110 TELEPHONE NO.: FAX NO (Optional). E-MAIL ADDREss (optional) jimojimyu]aw.corn ATTORNEY FOR (blame} PlaintiffS TimOthy Berry and Ruming Liu SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS 191 North First Street MAILING ADDRESS CITY AND Z(P CODE: San Jose, CA 95113 BRANCH NAME PLAINTIFF/PETITIQNER..Timothy Berry and Ruming Liu DEFENDANT/RESPONDENT: Amarjit Singh, et al. CASE MANAGEMENT STATEIIENT (Check one): ~+ UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER 21CV375609 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 5/11/2021 Time: 2:15 pm Dept.: 7 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Jim Yu INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. ~x This statement is submitted by party (name): Plaintiffs Timothy Berry and Ruming Liu b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaintwas filed on (date): Jan4.2o21 b. ~ 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. ~i The following parties named in the complaint or cross-complaint (1) ~i have not been served (specify names and explain why not): Arnarjit Singh. See section 18 (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 ofinvolvementin case, and date by which they may be served): 4. Description of case a. Type of case in ~x complaint Personal Injury - Automobile ~ cross-complaint (Descnbe, including causes of action): Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev July 1 2011] CASE MANAGEMENT STATEIIENT Page1of 5 Cal Rules of Court, rules 3 720-3.730 www courts ca gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/19/2021 12:29 PM Reviewed By: System System Case #21CV375609 Envelope: 6267234 21CV375609 Santa Clara - Civil System System pLAlNTlfF/pErlTlQNER Berry and Liu DEFENDANT/REspQNDENT: Amarjit Sing h, et al, CASE NUMBER 21CV375609 CM-110 4. b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date Iindl'cate source and amountj, estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable reliefis sought, describe the nature of the relief.) Plaintiff Timothy Berry (41 years old) suffered traumatically induced glaucoma and cataracts and required three surgeries. Medical bills exceed $60,000. Plaintiff Ruming Liu (Berry's wife) has a loss of consortium claim. ~ (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request pp a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party requesting ajury trial): 6. Trial date a. ~ The trial has been set for (date): b. ~xx 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. ~xx days (specify number):~ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~xx by the attorney or party listed in the caption a. Attorney: b. Firm: ~ by the following: c. Address: d. Telephone number: f. Fax number: g. Party represented Amount in controvers exceeds urisdictional limit. e. E-mail address:~ 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 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 ~ 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 ~ has ~ has not reviewed the ADR information package identified in rule 3.221. Referral to judicial arbitration or civil action mediation (if available). (1)~ 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)~ 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) ~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. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 PLAINTIFF/PETITIONER: 8eyrY grIQ Lju DEFENDANT/RESPONDENT: 8 jrI 1 CASE NUMBER 21 CV375609 CNI-110 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 a/I that apply and provide the specified information): (1) Mediation 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'AOR stipulation): 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): ~ ADR session not yet scheduled~ ADR session scheduled for (date):~ Agreed to complete ADR session by (date):~ ADR completed on (date): CM-110 [Rev. July 1. 2011I CASE MANAGEMENT STATEIIENT Page 3 of 5 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 11. Insurance Berry and Liu Singh, et al. CASE hiUMBER 21 CV375609 CM-110 a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: ~ Yes ~ 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.~ Bankruptcy ~ 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. ~ A motion to ~ 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 issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (describe all anticipated discovery): paray Plaintiffs Plaintiffs Descr~ition Initial written discovery Depositions ~D August 2021 October 2021 c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IRev. July 1, 2011) CASE MANAGEIIENT STATEIIENT Page 4 of 5 PLAINTIFF/PETITIONER BerrY and Liu DEFENDANT/RESPONDENT. Sin h et al. CASE NUMBER 21CV375609 CM-110 17. Economic litigation a. ~ This is a limited civil case (i e., the amount demanded is $25,000 or less) and the economic ktigation 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. exp/a/n specifically why economic /i/iga/ion procedures relating to d/scove/y or trial should not apply to this casej: 18 Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify(/ Plaintiffs and defendant's insurer, Allstate, are currently trying to resolve this case. If the case is not resolved for the policy limits, then plaintiffs will serve defendant and begin litigation. 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 Cakfornia Rules of Court (if not, exp/aint/ b. ~ After meeting and conferring as required by rule 3.724 of the Cakfornia Rules of Court, the parties agree on the following (spec/fyj: 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. April 19, 2021 Jim W Yu (TYPE OR PRINT NAME) (SIGN E OF PARIY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110(Rev July i 2011) CASE MANAGEMENT STATEMENT P 0 Su)S