Statement Case Management ConferenceCal. Super. - 6th Dist.March 2, 202121 CV378993 Santa Clara - Civil Syscmsvmm ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY R . Dewey Wheeler/Li sa R . Roberts 12 9 9 6 8 / 14 1 1 7 1 Electronically Filed McNamara Law Firm . 3480 Buskirk Avenue, Suite 25 O by SUpenor court Of CA’ Pleasant Hill, CA 94523 C°unty °f santa Clara! TELEPHONEN0.: (925) 939 -533O FAXNo.(0ptiona/): (925) 939 -0203 on 6/28/2021 11:43 AM E-MAIL ADDRESS (Optional): RGViewed By: system system ATTORNEY FOR (Name): CrOS S - Defendant , CYNTHIA NORWOOD Case #21 CV378993 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 6736949 STREETADDRESS: l9]. North First Street MAILING ADDRESS: CITYANDZIPCODE: San Jose , CA 9 5 113 BRANCH NAME: PLAINTIFF/PETITIONER: CYNTHIA NORWOOD DEFENDANT/RESPONDENT: JONATHAN WAGONER CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): fl UNLIMITED CASE D LIMITED CASE 2 1CV3 7 8 9 9 3 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 7/13 /2 02 l Time: 3 : 4 5 pm Dept.: 19 Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Li sa R . Roberts , Esq . INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): Cross - Defendant , CYNTHIA NORWOOD 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 served, 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 the date by which they may be served): 4. Description of case a. Type of case in D complaint m cross-complaint (Describe, including causes of action): Cross-Complaint with causes of action for Apportionment of Fault, Indemnification, and General Negligence. Page 1 of 5 Form Adopted for Mandatory Use , . Cal. Rules of Court, Judicial Council of California C-EB Essentlal CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 10 [Rev. July 1, 201 1] “ham EFoms- www.coun‘s.ca.gov RDW CM-11O DEFENDANT/RESPONDENT: JONATHAN WAGONER PLAINTIFF/PETITIONER:CYNTHIA NORWOOD CASE NUMBER: 2 lCV3 7 8 9 9 3 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.) Head-on collision between two bicyclists on the Guadalupe River Trail with significant injuries to Ms. Norwood. Liability is disputed. 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 m a jury trial D 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. m 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): Counsel will have calendar available for trial setting. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. m days (specify number): 5 - 6 b. D 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 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. PreferenceD 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 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 seIf-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 of 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-Ho [Rem July 1, 20111 CASE MANAGEMENT STATEMENT Page 2 of 5 ' Essential gigoBm EM‘ RDW CM-11O PLAINTI FF/PETITIONER:CYNTHIA NORWOOD DEFENDANT/RESPONDENT: JONATHAN WAGONER CASE NUMBER: 21CV378993 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 pan‘ies'ADR stipulation): m Mediation session not yet scheduled D Mediation session scheduled for (date): (1) Mediation E D Agreed to complete mediation by (date): D Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement m D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled (3) Neutral evaluation D D Neutral evaluation scheduled for (date):D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-11o [Rev. July 1, 201 1] CEB‘ Essential ceb.com Em- CASE MANAGEMENT STATEMENT Page 3 of 5 RDW CM-11O PLAINTIFF/PETITIONER: CYNTHIA NORWOOD CASE NUMBER: 2 lCV3 7 8 9 9 3 DEFENDANT/RESPONDENT: JONATHAN WAGONER 11. Insurance a. m Insurance carrier, if any, for party filing this statement (name): USAA b. Reservation of rights: E Yes D No c. D 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.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 A motion to D consolidate D coordinate wi|| befiled by (name party): 14. BifurcationD 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 motionsD The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovery): PaJt Descrigtion m Cross-Def. Written Discovery Oct. 2021 Cross-Def. Subpoena Medical Records Dec. 2021 Cross-Def. Depositions Jan. 2022 Cross-Def. Expert Discovery Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-Ho [Rewuly 1, 20111 CASE MANAGEMENT STATEMENT Page4of5 CEB‘ Essential ceb.com Em' RDW CM-1 10 PLAINTIFF/PETITIONER: CYNTHIA NORWOOD CASE NUMBER: 2 1CV3 7 8 9 9 3 DEFENDANT/RESPONDENT: JONATHAN WAGONER 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 wi|| 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 issuesD 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. m 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 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 28, 2021 Z (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OH ATTORNEY) b (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-HO [ReV-July 1,2011] CASE MANAGEMENT STATEMENT Pagesofs CEB' Essential cebmm Em- RDW McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP ATTORNEYS AT LAW 3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523 TELEPHONE; (925) 939-5330 UIAMN \DOONON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE 0F SERVICE VIA ELECTRONIC TRANSMISSION I hereby declare that I am over the age ofeighteen years, and not a party to the within action. My electronic notification address is: email@example.com. On this date, I electronically served the foregoing CASE MANAGEMENT STATEMENT by e-mailing the document(s) t0 the persons at the e-mail address(es) listed based on notice provided, that during the coronavirus (COVID-19) pandemic and Contra Costa County and California Shelter-In-Place orders, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccessful was received Within a reasonable time after the transmission. Attorneys For Plaintiff, Cynthia Norwood: Attorneys For Def/X-Complainant, Jonathan Wagoner: Shahrad Milanfar, Esq. Milanfar Law Firm, PC 925 anacio Valley Road, Suite 103C Walnut Creak, CA 94596 Joshua R. Jachimowicz, Esq. Jachimowicz Law Group 1530 The Alameda, Suite 115 San Jose, CA 95126 E-Mail: firstname.lastname@example.org Phone: 408-246-5500 Fax: 408-246-1051 E-Mail: email@example.com I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on June 28, 2021 at Pleasant Hill, California.