Statement Case Management Conference

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

21 CV378993 Santa Clara - Civil WeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Shahrad Milanfar (SBN 201 126) Electronically Filed MILANFAR LAW FIRM, PC by Superior Court of CA, 925 anacio Valley Road, Suite 103C County of Santa Clara, TELEPHONE No.2 (925) 433-6003 FAX No. (Optional):(925) 433-6004 on 6/29/2021 11:53 AM E-MAIL ADDRESS (Optional):smilanfar@milanfarlaw.com Reviewed By: System System ATTORNEY F0R(Name): Plaintiff CYNTHIA NORWOOD Case #21 CV378993 SUPERIOR COURT 0F CALIFolRNIA, COUNTY 0F SANTA CLARA Envelope: 6746320 STREET ADDRESS: 191 North FlrSt Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: CYNTHIA NORWOOD DEFENDANT/RESPONDENT: JONATHAN WAGONER, et al. (AMENDED) CASE MANAGEMENT STATEMENT CASENUMBER= (Check one): UNLIMITED CASE E LIMITED CASE 21 CV378993 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 13, 2021 Time: 3:45 pm Dept: 19 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Shahrad Milanfar 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 CYNTHIA NORWOOD 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. The cross-complaint, if any, was filed on (date): April 21, 2021 3. Service (to be answered by plaintiffs and cross-complainants only) a. E All 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 ofinvolvement in case, and date by which they may be served): 4. Description of ca_se a- Type 0f case In complaint E cross-complaint (Describe, including causes of action): Please see below. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3120-3730 CM-1 10 [Rev. July 1, 201 1] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: CYNTHIA NORWOOD CASENUMBER 21 CV378993 kDEFENDANT/RESPONDENT: JONATHAN WAGONER, et al. 4. b. Provide a brief statement of the case, including any damages. (prersona/ 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 personal injury action arises from a bicycle collision that occurred at approximately 6:00pm on September 11, 2019 on The Guadalupe River Trail in San Jose, California. Plaintiff contends that Defendant negligently and carelessly failed to control his speed and operation of his bicycle causing his bicycle to collide with Plaintiff’s bicycle resulting in significant bodily injuries to plaintiff and property damage.E (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 set for (date): b. No trial date has been set. This case will be ready for trial within 12 months ofthe 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): Trials: 07/01/21, 07/1 9/21, 08/09/21, 08/26/21, 12/1 5/21 7. Estimated length of trial The party or parties estimate that the trial will take (Check one): a. days (specify number): 7-9 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m 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-mail address: g. Party represented: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: PartyE 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 sub'ect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under ode 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 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“OIReV-Ju'y 1' 20“] CASE MANAGEMENT STATEMENT ”962°” CM-110 _ PLAINTIFF/PETITIONER: CYNTHIA NORWOOD DEFENDANT/RESPONDENT: JONATHAN WAGONER, et al. CASE NUMBER: 21 CV378993 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 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 Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT cm PLAINTIFF/PETITIONER: CYNTHIA NORWOOD CASE NUMBER:_ 21CV378993 DEFENDANT/RESPONDENT; JONATHAN WAGONER, et al. 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_ m There are companion, underlying, or related cases. (1) Name of case: Jonathan Wagoner v. Cynthia Norwood (2) Name of court: Superior Court of California, County of Santa Clara (3) Case number: 21 CV378993 (4) Status: FiledE Additional cases are described in Attachment 13a. b. E A motion to E COHSOlidate 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 pan‘y, type of motion, and reasons): 15. Other motionsE 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. E The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Plaintiff CYNTHIA NORWOOD Written Discovery Per Code Plaintiff CYNTHIA NORWOOD Depositions Per Code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 10 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: CYNTHIA NORWOOD CASE NUMBER: 21 CV378993 DEFENDANT/RESPONDENT: JONATHAN WAGONER, et al- 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 issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Plaintiff’s counsel asks the Court to continue the July 13, 2021 CMC for 90 days because a tentative settlement has been reached regarding the complaint. However, the cross-complaint is still active and being litigated. 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 (ifnot, 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): | 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. Date: June 29, 2021 Shahrad Milanfar ’ / (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR A'I'I'ORNEY) (SIGNATURE OF PARTY OR ATI'ORNEY)E Additional signatures are attached.(TYPE OR PRINT NAME) CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page Sofs Milanfar Law Firm, PC OWOOQONUl-bUJNH NNNr-tt-tr-tr-tt-tr-tr-tt-tr-tr-t NHowmxlmm-waH 23 24 925 anacio Valley 25 Rd., Ste. 103C Walnut Creek, CA 94596 925-433-6003 26 27 28 PROOF OF SERVICE Cynthia Norwood v. Jonathan Wagoner Santa Clara County Superior Court Case No. 21CV378993 I, Summer Mathur, declare that I am employed in the County 0f Contra Costa, State of California; I am over the age 0f eighteen (1 8) years and not a party to the Within entitled action; my business address is 925 anacio Valley Road, Suite 103C, Walnut Creek, California 94596. On June 29, 2021, I caused to be served the foregoing: CASE MANAGEMENT STATEMENT In said action by placing a true copy thereof enclosed in a sealed envelope and served in the manner and/or manners described below to each 0f the parties herein and addressed as follows: Attorneysfor Defendant Albie B. Jachimowicz, Esq. JONATHAN WAGONER Joshua R. Jachimowicz, Esq. JACHIMOWICZ LAW GROUP 1530 The Alameda, Suite 115 San Jose, CA 95126 Telephone: (408) 246-5500 Facsimile: (408) 246-1051 Email: iosh@iachlawgroup.com Attorneysfor Defendant Hal Chase, Jr., Esq. JONATHAN WAGONER STRATMAN, SCHWARTZ & WILLIAMS- ABREGO P.O. 258829 Oklahoma City, OK 73 125-8829 Telephone: (707) 544-0524 Email: hal.chase@farmersinsurance.com lali.ochoa@farmersinsurance.com g (Via Electronic Mail) I caused said document(s) t0 be I caused said document(s) to be transmitted to the addressee(s). I declare under penalty 0f perjury that the foregoing is true and correct and that this declaration is executed June 29, 2021, at Walnut Creek, California. g, ,4 ,7 ‘ \ . W ‘ _ ‘ _ fi,-W\_'“’{ x1 v. W'VV'WV C) Summer Mathur 1 PROOF OF SERVICE