Statement Case Management Conference

Cal. Super. - 6th Dist.January 13, 2021

21 CV376347 Santa Clara - Civil CM-1 1:9 , A'I'I'ORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name, State Bar number, and address): FOR COURT USE ONLY “I I I mmg Shima Vasseghi 319985 Squire Patton 30998 (US) LLP Electronically Filed 555 So. Flower Street, Suite 3100 by superior Court of CA, Los Angeles, CA 90071 county of Santa Clara, TELEPHONE N0.: (213) 624-2509 I FAX No. (Optional): (213) 623-4581 on 3,1 4/2022 3:02 PM E-MAILADDREss (Optional); shlma.vasseghl@quIrepb.com R . d B _ R Fl . ATrORNEY F0R(~ame); Defendant Volkswagen Group of America, Inc. AeV'ewe y' ' emmg SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA COUNTY base #21 _CV376347 STREET ADDRESS: 191 North First Street EnveloPe' 8503659 MAILING ADDRESS: CITY AND ZIP CODE: San Jose, 951 1 3 BRANCH NAME; Downtown Superior Court PLAINTIFF/PETITIONER: YUTING WU DEFENDANT/RESPONDENT: VOLKSWAGEN GROUP OF AMERICA, INC. CASE MANAGEMENT STATEMENT 361553;;2247 (Check one): E UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 3/29/22 Time: 10:00 a.m. Dept: 2 Div.: Room: Address of court (if different from the address above): g Notice of Intent to Appear by Telephone, by (name): Shima Vasseghi INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. g This statement is submitted by party (name): Defendant Volkswagen Group 0f America, Inc. 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): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. X A|| parties named in the complaint and cross-complaint have been sewed, 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 date by which they may be served): 4. Description of case a. Type of case in E complaint D cross-complaint (Describe, including causes ofaction): Alleged breach of express and implied warranties. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-1 10 [Rev. July 1, 201 1] www.courts.ca.gov American LegalNet, Inc. www,FormsWorkFlow‘com . CM-110 . CASE NUMBER: - PLAINTIFF/PETITIONER. YUTING WU 21CV376347 DEFENDANT/RESPONDENT: VOLKSWAGEN GROUP OF AMERICA, INC. 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 has sued VWGoA under California's Song-Beverly Act and Federal Magnuson-Moss Warranty Act. VWGoA denies Plaintiff's allegations. 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 X 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. E No trial date has been set. This case wi|| 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): See Attachment 7. Estimated length of trial The party or parties estimate that the trial wi|| take (check one): a. E days (specify number): 3-5 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. Fax number: e. E-mail address: g. Party represented: D 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 g has D 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 D 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 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 to the amount specified in Code of Civil Procedure section 1141 .1 1. (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-“OIReV- Ju'v 1'20“] CASE MANAGEMENT STATEMENT Pawn” American LegalNet, Inc. www,FormsWorkl-‘low‘com ,_ CM-110 PLAINTIFF/PETITIONER: YUTING WU D-EFENDANT/RESPONDENT: VOLKSWAGEN GROUP OF AMERICA, INC. CASE NUMBER: 21 CV376347 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): (1) Mediation g 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 (specifll): DEED DEED DEED DDDDDDDEDDDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 of5 American LegalNet, Inc. www.FormsWorkFlow,00m .. CM-110 -DEFENDANT/RESPONDENT: VOLKSWAGEN GROUP OF AMERICA, INC. . CASE NUMBER:PLAINTIFF/PETITIONER. YUTING WU 21 CV376347 11. 12. 13. 14. 15. 16. 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): 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: 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 Amotionto D consolidate D coordinate willbe filed by (nameparty): 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): Other motions E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in Limine, Motion for Summary Judgment Discovery a. D The party or parties have completed all discovery. b E The following discovery wi|| be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Vehicle Inspection per code Defendant Written Discovery per code Defendant Plaintiff's Deposition per code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OIReV- Ju'v 1120111 CASE MANAGEMENT STATEMENT P3964“ American LegalNet, Inc. www,FormsWorkFlow‘com . CM-110 . CASE NUMBER: _ PLAINTIFF/PETITIONER. YUTING WU 21 CV376347 DEFENDANT/RESPONDENT: VOLKSWAGEN GROUP OF AMERICA, INC. 17. Economic litigation 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 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 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. X The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): one | am completely familiar with this case and wi|| be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and wi|| 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: March 14, 2022 _ Shima Vasseghi (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) D Additional signatures are attached. CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page50f5 American LegalNet, Inc. www.FonnsWorkFlow.com ,. (Attachment 6c) 2022 2023 03/21 03/22 04/01 04/04 04/05 04/08 04/11 04/15 04/14 04/19 04/20 04/22 04/25 04/29 05/02 05/03 05/09 05/16 05/20 05/23 05/24 05/25 05/27 05/31 06/03 06/10 06/13 06/20 06/24 06/27 07/01 07/05 07/11 07/13 07/15 07/18 07/25 07/26 07/29 08/01 08/05 08/08 08/15 08/22 08/24 08/29 01/06 01/09 01/17 01/23 01/30 02/27 02/28 03/08 03/13 03/20 03/21 04/03 04/10 04/11 04/17 04/24 04/26 05/08 05/09 05/15 05/16 05/22 05/30 06/12 06/27 06/30 07/17 07/25 07/31 08/08 08/21 08/28 09/05 09/26 10/09 (Attachment 6c) 08/31 09/02 09/06 09/09 09/12 09/16 09/19 09/26 09/29 10/03 10/11 10/17 10/19 10/24 10/25 11/07 11/14 11/15 11/16 11/18 11/22 11/28 11/30 12/05 12/12 12/13 SQUIRE PATTON BOGGS (US) LLP 555 South Flower Sheet, 31st Floor Lns Angeles, Califnrnia 90071 UIAWN QON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Yuting Wu v. Volkswagen Group ofAmerica, Ina, et al. Santa Clara Superior Court, Case No. 21CV376347 PROOF 0F SERVICE (Pursuant t0 California State Law) The undersigned certifies and declares as follows: I am a resident of the State of California and over 18 years of age and am not a party to this action. My business address is 555 South Flower Street, Suite 3100, Los Angeles, CA 90071, which is located in the county Where any non-personal service described below took place. On March 14, 2022, a copy of the following document(s): DEFENDANT VOLKSWAGEN GROUP 0F AMERICA, INC.’s CASE MANAGEMENT STATEMENT was served on: Gregory T. Babbitt Attorneysfor Plaintifi’ Rosner, Barry & Babbitt, LLP YUTING WU 10085 Carroll Canyon Road Suite 100 San Diego, CA 92131 Email: greg@rbb1awgroup.com serena@rbblawgr0up.com eservice@rbblawgroup.com Service was accomplished as follows. By E-mail. by transmitting Via e-mail or electronic transmission the document(s) listed above to the person(s) at the e-mail address(es) set forth above. I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. Executed on March 14, 2022, at Los Angeles, California. WWW-u“ Martha Kalenderian 440111.03558 -1- Proof of Service