Statement Case Management Conference

Cal. Super. - 6th Dist.March 2, 2021

21 CV378933 Santa Clara - Civil CMFflmming ATTORNEY OR PARTY WITHOUT A‘I'I'ORNEY (Name, State Bar number, and address): R COURT USE ONLY Michael J. Daley, Esq. (SBN 157699) . _ Jeanette N. Little & Associates Elec‘tron'cally F'led 4450 Rosewood Drive, Suite 450 by Superior Court 0f CA, Pleasanton, CA 94588 County of Santa Clara, TELEPHONE N0.: 925-225-6838 FAX No. (Optional): 855-732-9437 on 1 1/1 9/2021 1 1 :35 AM E-MAIL ADDRESS(0pt/onal): Mike.DaIey@Statefarm.Com Rev ewed By: R_ F|eming ATTORNEY Foamame); Defendant, Erusha Kongara and Venkataprasad Kongara Gag #21cv378933 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope. 7703896 STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE San Jose, CA 951 1 3 BRANCH NAME: PLAINTIFF/PETITIONER: PALWASHA DOST DEFENDANT/RESPONDENT: ERUSHA KONGARA AND VENKATAPRASAD KONGARA CASE MANAGEMENT STATEMENT Eqsévgggg33 (Check one): g 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: December 7, 2021 Time: 10:00 A.M. Dept: 7 Div_: Room: Address of court (if different from the address above): g Notice of Intent to Appear by Telephone, by (name): Michael J. Daley, Esq. 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): Defendant, Erusha Kongara and Venkataprasad Kongara 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. D 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): Personal Injury/Auto 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.FomlsWorkFlow.com 7 CM-110 PLAINTIFF/PETITIONER: PALWASHA DOST CASE NUMBER DEFENDANT/RESPONDENT: ERUSHA KONGARA AND VENKATAPRASAD 21CV378933 KONGARA 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.) This suit arises out of an automobile accident which occurred on March 14, 2019. 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. (If more than one pariy, 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 wi|| not be available for trial (specify dates and explain reasons for unavailability): Set for Trial: 1/31/22, 2/1 5/22, 3/14/22, 3/21/22, 4/1 1/22, 4/25/22, 5/2/22, 5/9/22, 11/7/22, 2/3/23, 2/1 7/23, 4/24/23, 4/28/23, 8/1 1/23 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 g 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 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 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 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) 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 1141.11. (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): CM-110[Rev.JuIy1,2011] CASE MANAGEMENT STATEMENT Page20f5 American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF/PETITIONER: PALWASHA DOST DEFENDANT/RESPONDENT: ERUSHA KONGARA AND VENKATAPRASAD KONGARA CASE NUMBER: 21 CV378933 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 (specify): Court Mediation DUDE DEED DUDE DUDE DUDE DD 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 of 5 American LegalNet, Inc. www.FormsWorkFlow.comQ CM-110 PLAINTIFF/PETITIONER PALWASHA DOST EqsaI/Uéwglzggzfi DEFENDANT/RESPONDENT: ERUSHA KONGARA AND VENKATAPRASAD KONGARA 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): State Farm Mutual Automobile Insurance Company b. Reservation of rights: D Yes E No c. D Coverage issues wi|| 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, 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): 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 E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in limine at trial as appropriate. 16. 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): Pa_rty Descrigtion % Defendant Production of Documents Completed Defendant Form Interrogatories Completed Defendant Depositions of Plaintiffs Completed Defendant Expert Discovery Per Code Defendant Records Subpoena Ongoing 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 P3994!“ American LegalNet, Inc. www.FormsWorkFlow.wm . CM-110 PLAINTIFF/PETITIONER: PALWASHA DOST CASE NUMBER: DEFENDANT/RESPONDENT: ERUSHA KONGARA AND VENKATAPRASAD 21CV378933 KONGARA 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 (specifil): 19. Meet and confer a. D 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. 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 wi|| 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: November 11, 2021 Michael J. Daley, Esq. > NA D/(A (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-“OIReV- Ju'v 1120111 CASE MANAGEMENT STATEMENT Pages“ American LegalNet, Inc. www.FormsWorkFlow.com OQNOU‘I#WNA NNMNNMNNMAAAAAAAAAA QNQUI¥OONAO¢DQNGUI#WNAO PROOF OF SERVICE Dost v. Kongara Santa Clara County Superior Court - San Jose Case No. 21 CV378933 l, the undersigned, declare that | am a resident 0f the United States; employed in the City of Pleasanton and County of Alameda, State of California; over the age of 18 years; not a party to the within entitled cause; and my business address is 4450 Rosewood Drive, Suite 450, Pleasanton, CA 94588. On November 19, 2021, | served the within document(s), CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: Attorney(s) for Plaintiff Palwasha Dost Ilya Frangos Galine, Frye, Fitting & Frangos 411 Borel Ave., Ste. 500 San Mateo, CA 94402 Fax: (650) 345-9875 [ x ] ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail address(es) listed based on notice provided that, during the Coronavirus (COVlD-1 9) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. | declare under penalty of perjury under the laws of the State of California that the above is true and correct, and that this declaration was executed on November 19, 2021, at Pleasanton, California. Shruthi Tuplur Proof of Service