Statement Case Management Conference

Cal. Super. - 6th Dist.January 12, 2021

21 CV376207 Santa Clara - Civil QMmstem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Craig J. Bassett, Attorney at Law SB# 106825 FOR COURT USE ONLY 25 w. First Street Electronically Filed Morgan Hill, CA 95037-4559 by Superior court of CA i County of Santa Clara, TELEPHONE No.: 408-779-0007 FAX No. (Optional): 0n 5/1 2/2021 1 1 :45 AM E-MA'LADDRESS (Optional): cbassett@gar|iC-com Reviewed By: System System ATTORNEY FOR(Name): Plaintiff RICHARD H. KRAUS Case #21 cv376207 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Envelope. 6428765 STREETADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Main Courthouse PLAINTIFF/PETITIONER: RICHARD H. KRAUS DEFENDANT/RESPONDENT: FERNANDA P. MESQUITA, and DOES 1 to 10, CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 21CV376207 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 25, 2021 Time: 3:00 p.m. Dept: 20 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Craig J. Bassett INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiff RICHARD H. KRAUS b. E 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): Jan 12 2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E 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 of case in E complaint E cross-complaint (Describe, including causes of action): Breach of Contract; Common Counts; Recovery by Donor of Gifts Given in Contemplation of Marriage [Civ. Code, § 1590] Page 1 of5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEM ENT ClejieFiuslégzfigc-gusrg Judicial Council of California CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: RICHARD H. KRAUS CASE NUMBER; DEFENDANT/RESPONDENT: FERNANDA P. MESQUITA, and DOES 1 to 10, 21CV376207 4. b. Provide a brief statement of the case, including any damages. (prersonal 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.) Plaintiff and defendant were engaged to be married. Plaintiff loaned defendant about $35,000 in contemplation of marriage and gave gifts to defendant valued at about $6,000. The parties called offthe marriage by mutual consent. Plaintiff demanded repayment on the loan and return of the personal property. Defendant failed and refused. E (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 requestE a jury trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing ofthe 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): one (1) b- E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: g. Partyrepresented:E 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; 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 E 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 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 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)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 1141.11. (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 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT ”992°” CM-110 PLAINTIFF/PETITIONER: RICHARD H. KRAUS DEFENDANT/RESPONDENT: FERNANDA P. MESQUITA, and DOES 1 to 10, 21CV376207 CASE NUMBER: 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): Mediation session not yet scheduledE Mediation session scheduled for (date): 1 M ' ' -( ) edlatlon E Agreed to complete mediation by(date):E Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement n E Settlement conference scheduled for(date):COerrence E Agreed to complete settlement conference by(date):E Settlement conference completed on(date): E Neutral evaluation not yet scheduledE Neutral evaluation scheduled for (date): N t | | t' I I(3) eu ra eva ua Ion E Agreed to complete neutral evaluation 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 completejudicial 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): arbitration E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): E ADR session not yet scheduledE ADR session scheduled for (date): (6) Other (specify): E E Agreed to complete ADR session by (date):E ADR completed on (date): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: RICHARD H. KRAUS CASE NUMBER; DEFENDANT/RESPONDENT: FERNANDA P. MESQUITA, and DOES 1 to 10, 21CV376207 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E 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.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a. E 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. BifurcationE 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): without limitation: motion to compel answers to discovery and production of documents or further responses to discovery; motions in limine 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff RFAs, FIGS, DPDs, SPIs, deposition of defendant Sep 30 2021 c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT P39°4°f5 CM-110 PLAINTIFF/PETITIONER: RICHARD H. KRAUS CASE NUMBER; DEFENDANT/RESPONDENT: FERNANDA P. MESQUITA, and DOES 1 to 10, 21CV376207 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. 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): | 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. Digitally signed by Craig J. Bassett Date: May 12, 2021 ’ craig J- Bassett Date:2021.05.1211:37:50-07'00'Craig J. Bassett, Attorney for Plaintiff (TYPE OR PRINT NAM E) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached. (SIGNATURE OF PARTY OR ATTORNEY)(TYPE OR PRINT NAM E) Page 5 of 5CASE MANAGEMENT STATEMENTCM-110 [Rev. July 1, 2011]