Statement Case Management ConferenceCal. Super. - 6th Dist.March 2, 202121 CV378990 Santa Clara - Civil CMRI flaming A'I'I'ORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Kevin Y. Jacobson, Esq. (SBN 320532) F°R 0°”RTUSE °”” QUILL & ARROW, LLP Electronically Filed 10900 Wilshire Boulevard, Suite 300 b Su erior Court of CA Los Angeles, CA 90024 y p ’ County of Santa Clara, TELEPHONE No: (310) 933-4271 FAX No.(0ptional): (310) 889-0645 0n 12/22/2021 3:46 PM E-MAIL ADDRESS: kjacobson@quillarrowlaw.com Reviewed By: R. Fleming ATTORNEY FOR(Name): Plaintiff: Bryan Martin Case #21 cv378990 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Envelo e_ 7921 699 STREET ADDRESS: 191 North First Streett p I MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: DOWNTOWN SUPERIOR COURT PLAINTIFF/PETITIONER: Bryan Martin DEFENDANT/RESPONDENT: General Motors LLC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE |:| LIMITED CASE 21CV378990 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 25, 2022 Time: 10:00 a.m Dept: 2 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Kevin Y. Jacobson 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): Plaintiff: Bryan Martin 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): March 2, 2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E A|| 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) 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): See Attachment 4a Page 1 of 5 F Ad t df M d t U Cal. Rules of Court, Jféfiialéfiuencuficififfnfiz $6 CASE MANAGEMENT STATEMENT rulesmwm CM-1 1 0 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Bryan Martin CASE NUMBER: DEFENDANT/RESPONDENT: General Motors LLC 21CV378990 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.) (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 a jury trial E 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): 5 - 7 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel E 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): 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) 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): The amount in controversy exceeds $50,000.00 and involves multiple causes of actions pursuant to rule 3.811(b)(8). CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT ”992°” CM-110 PLAINTIFF/PETITIONER: Bryan Martin DEFENDANT/RESPONDENT: General Motors LLC CASE NUMBER: 21 CV378990 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):conference E Agreed to complete settlement conference by(date):E Settlement conference completed on(date): E Neutral evaluation not yet scheduled _ E Neutral evaluation scheduled for (date): (3) Neutral evaluatlon E IE Agreed to complete neutral evaluatlon 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 scheduled ADR ' h | f .' (6) Other (specify): E E seSSIon sc edu ed or (date)E Agreed to complete ADR session by (date):E ADR completed on (date): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page3°f5 CM-110 PLAINTIFF/PETITIONER: Bryan Martin CASE NUMBER: DEFENDANT/RESPONDENT: General Motors LLC 21CV378990 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 E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 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 Written Discovery July 2022 Plaintiff Depositions of Dealership Technicians and PMQ July 2022 Plaintiff Depositions of Defendant's PMK July 2022 Plaintiff Expert Depositions Per Code c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CW” [ReV-Sep‘embe’1'202” CASE MANAGEMENT STATEMENT P39°4°f5 CM-110 PLAINTIFF/PETITIONER: Bryan Martin CASE NUMBER: 21CV378990DEFENDANT/RESPONDENT: General Motors LLC 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 addltlonal 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 Callfornla 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 followmg (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 dlspute resolutlon 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 ’ jKevin Y. Jacobson, Esq. (TYPE OR PRINT NAM E) (SIGNT REUF PARTY OR ATTORNEY) E Additional signatures are attached. (SIGNATURE OF PARTY OR ATTORNEY)(TYPE OR PRINT NAM E) Page 5 of 5CW” [Rev' Septembe’ 1’ 2°21] CASE MANAGEMENT STATEMENT MC-025 SHORT TITLE: CASE NUMBER:- Martin, Bryan V. General Motors LLC 21CV378990 ATTACHMENT (Number): 4a (This Attachment may be used with any Judicial Council form.) The instant matter involves a new 2018 Chevrolet Silverado manufactured by Defendant. Plaintiffs causes 0f action are numbered as follows: 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED WARRANTY 3. VIOLATION OF SONG-BEVERLY ACT - SECTION 1793.2 (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 6 of 7 Attachment are made under penalty of perjury.) (Add pages as required) Pam££$2232§32952$§L$e ATTACHMENT MC-025[Rev.JuIy1,2009] to Judicial Council Form MC-025 SHORT TITLE: CASE NUMBER:- Martin, Bryan V. General Motors LLC 21CV378990 ATTACHMENT (Number): 4b (This Attachment may be used with any Judicial Council form.) Plaintiff purchased a new 2018 Chevrolet Silverado ("subject vehicle") from and manufactured by Defendant. Defendant provided Plaintiff With express warranties accompanied the sale of the vehicle to Plaintiffby Which Defendants undertook t0 preserve or maintain the utility or performance 0f Plaintiff‘s vehicle or t0 provide compensation if there was a failure in such utility or performance. The vehicle was delivered t0 Plaintiff With serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty. Plaintiff delivered the vehicle to Defendants authorized repair facilities multiple times. Defendant failed to repair the vehicle after a reasonable number 0f opportunities. Defendant violated the Song-Beverly Consumer Warranty Act by not replacing the vehicle or repurchasing the vehicle after being given a reasonable number 0f opportunities t0 repair the vehicle. Plaintiff seeks rescission of the purchase contract, restitution of all monies expended for the vehicle, incidental and consequential damages, civil penalties in the amount of two times Plaintiffs actual damages, diminution in value, prejudgment interest, reasonable attorneys' fees and costs of suit, general, special, and actual damages according t0 proof at trial. Plaintiff‘s restitution damages are in excess of $50,000.00 and attorney's fees and costs are currently in excess 0f $20,000.00. Defendant has answered the Complaint and the matter is at issue. Plaintiff requests that the Court set trial. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 7 of 7 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov Judicial Council of California MC-025[Rev.JuIy1,2009] to Judicial Council Form KOOONONUl-hwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONm-PWNHO PROOF OF SERVICE BY MAIL I am employed in the County 0f Los Angeles, State 0f California. I am over the age 0f 18 and not a party t0 the within action. My business address is 10900 Wilshire B1Vd., Suite 300, Los Angeles, CA 90024. On December 22, 2021 , I served the following document(s) described as: CASE MANAGEMENT STATEMENT That document was served 0n parties herein in this proceeding by placing true copies 0fthe original in enclosed, sealed envelope(s) addressed as follows: SEE ATTACHED SERVICE LIST [](BY MAIL) I am “readily familiar” with the practices 0f QUILL & ARROW, LLP, in collecting and processing correspondence and documents for mailing. Under that practice, documents for mailing would be deposited with the US Postal Service 0n that same day this affidavit is signed with postage fully prepaid at Los Angeles, California in the ordinary course 0f business. I am aware that 0n motion 0f the party served, service is presumed invalid if the postal cancellation date is more than l-day after the day 0f deposit for mailing the affidavit. [CCP § 10 1 3] [] (BY OVERNIGHT MAIL) I am “readily familiar” with the practices 0f the QUILL & ARROW, LLP, for collection and processing 0f documents for mailing Via overnight delivery. I caused such document(s) t0 be placed in a sealed envelope designated by the overnight service carrier, addressed t0 the person(s) 0n whom it is t0 be served pursuant t0 the attached service list, and deposited said envelope in a box 0r other facility regularly maintained by the overnight service carrier with delivery fees paid 0r provided for. [CCP § 1013(0)] [X] (BY ELECTRONIC MAIL) I caused the document(s) t0 be transmitted by electronic mail t0 the e-mail addresses for each party indicated 0n the attached service list. [] (BY PERSONAL DELIVERY) I caused t0 be delivered such envelope by hand t0 the addressee at the address indicated 0n the attached service list. 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. /s/Raquel McDonald Raguel McDonald PROOF OF SERVICE \DOONO‘NUl-RUJNH NNNNNNNNNb-tt-tt-tt-tt-th-tt-tt-tt-tt-t OONO‘NUl-PUJNHOKDOONO‘NUl-PUJNHO Mary Arens McBride, Esq. marensmcbride@erskinelaw.com Stacey Davis, Esq. sdavis@erskinelaw.com ERSKINE LAW GROUP, P.C. 1576 N. Batavia St., Suite A Orange, CA 92867 SERVICE LIST Counselfor Defendants PROOF OF SERVICE