Statement Case Management ConferenceCal. Super. - 6th Dist.March 2, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/29/2021 1:29 PM Reviewed By: System System Case #21CV378993 Envelope: 6747583 21CV378993 Santa Clara - Civil System System CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Barnumbar, and address): FOR COURT USE ONLY Albie B. Jachimowicz/Joshua R. Jachimowicz (Bar # 104549/278316) JACHIMOWICZ LAW GROUP 1530 The Alameda, Suite 115 San Jose, CA 95 126 TELEPHONE no.2 (408) 246_5 500 FAX No. (apnonao: (408) 2464 051 E-MAIL ADDRESS (Optional): josh@jachlawgroup_com ATTORNEY FOR(Name): Jonathan Wagoner, Defendant and Cross-Complainant SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITv AND 2m CODE: San Jose 951 13 BRANCH NAME: San Jose PLAINTIFF/PETITIONER: Jonathan Wagoner DEFENDANT/RESPONDENT: Cynthia Norwood, et al. CASE MANAGEMENT STATEMENT CASE ”UMBER: (Check one): UNLIMITED CASE C3 LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) 21CV378993 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Room:Date: July 13, 2021 Time: 3:45 pm Dept.: 19 Div.: Address of court (if different from the address above): E] Notice of Intent to Appear by Telephone, by (name): 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): Jonathan Wagoner b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/ainants only) a. The complaint was filed on (date): March 2, 2021 b. [E The cross-complaint, if any, was filed on (date):April 30, 2021 3. Service (to be answered by plaintiffs and cross-compla/nants only) a. 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) [:1 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 0f case i" E complaint cross-complaint (Describe, including causes ofaction): This is an injury action arising from a bicycle collision in San Jose, Callfornia m whlch hablhty 1s disputed. The parties both appear to have sustained injuries. Form Adopted'orMandawase CASE MANAGEMENT STATEMENT Judicial Council of California CM-110 (Rev. July 1. 2011) Page 1 of 5 Cal. Rules of Court, rules 3120-1730 www.couns‘ca‘gov LexisNexis® Automated California Judicial Council Forms CM-110 __ PLAINTIFF/PETITIONER: Jonathan Wagoner CASENUMBER‘ DEFENDANT/RESPONDENT: Cynthia Norwood, et a1. 2107378993 4. b. Provide a brief statement of the case. including any damages. (lfpersonal 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. lf equitable relief is sought, describe the nature of the relief.) This is an injury action arising from a bicycle collision in San Jose, California in which liability is disputed. The palties both appear to have sustained injuries. E (/f 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. [j The trial has been set for (date): b. No trial date has been set‘ This case wiIl 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3-5 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: 9- E'ma" addr9553 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 chent. (2) For self-represented parties: Party E] has [:3 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E3 This matter is suta'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 ru|e 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): 0M4” IR“ JU’V 1' 2°") CASE MANAGEMENT STATEMENT Fag” 2 °'5 LexisNexis® A ulamated California Judicial Council Farms CM-110 _ PLAINTlFF/PETITIONER: Jonathan Wagoner DEFENDANT/RESPONDENT: Cynthia Norwood etal. 21CV378993 CASE NUMBER: 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): lfthe party or parties completing this form in the case have agreed to participate in or have aiready 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 Setttement 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 0n (date): ADR session not yet scheduled m ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): DUDE DUDE DUDE! DUDE DUDE DUDE ADR completed on (date): CM.110 [Rem July 1, 2011} Page 3 of 5 CASE MANAGEMENT STATEMENT LexisNexis® Amomaled California Judicial Council Forms CM:110. PLAINTIFF/PETmONER: Jonathan Wagoner CASE NUMBER: DEFENDANT/RESPONDENT: Cynthia Norwood, et a1. 21CV378993 11. Insurance a. [:1 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. [:1 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 pany): 14. Bifurcation E3 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 discovely): Party Descrigtion 93E Defendant/Cross-Complainant Written Discovery September 2021 Defendant/Cross-Complainant Depositions November 2021 c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM‘WIRBV-JU'W'ZOW CASE MANAGEMENT STATEMENT ”964°” LexisNexix® A ulomated California Judicial Council Forms CM-110 PLAxNTIFF/PETITIONER: Jonathan Wagoner CASE NUMBER: DEFENDANT/RESPONDENT: Cynthia Norwood’ ct a1_ 21CV378993 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 discovely 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. E: The party or parties have met and conferred with all parties on a|| subjects required by rule 3.724 ofthe California Rules of Court (ifnot, 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 aiternative 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 Albie B. Jachimowicz/Joshua R. Jachimowicz > / 'V W3?“ X 1 M ’ (TYPE 0R PRINT NAME) // (SI9NATURE 0F ?XQW 0R Afigfifiev) f ’ K” // f ,, ,/ 1W_www”“ > vi” (TYPE OR PRINT NAME) (SIGNATURE OF PARTY 0R ATTORNEY)E Additiona| signatures are attached‘ CM-“WRBV-Ju'vtm‘” CASE MANAGEMENT STATEMENT Page 5°” LexixNexis® Aulomaled California Judicial Council Forms 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Norwood v. Wagoner, et al Santa Clara County Court. Case No. 21CV378993 I declare that: I am employed within the County 0f Santa Clara, California. I am over the age of eighteen years and not a party to the within cause; my business address is 1530 The Alameda, Suite 115, San Jose, California 95 126. On the date set forth below, I served the: DEFENDANT/CROSS-COMPLAINT’S CASE MANAGEMENT STATEMENT on the interested parties in said cause: Shahrad Milanfar, Esq. R. Dewey Wheeler, Esq. smilanfarébmilanfarlaw.com dewev.wheeler@mcnamaralaw.com MILANFAR LAW FIRM, PC MCNAMARA LAW FIRM 925 anacio Valley Road, Suite 103C 3480 Buskirk Avenue, Suite 250 Walnut Creek, CA 94596 Pleasant Hill, CA 94523 (925) 433-6003 - telephone (925) 939-5330 - telephone (925) 433-6004 - facsimile (925) 939-0203 - facsimile Attorney for Plaintiff Norwood Attorney for Cross-Defendant Norwood Hal Chase Jr., Esq. hal.chasedIDfarmersinsurance.com HARTSUYKER, STRATMAN & WILLIAMS-ABREGO P.O. Box 258829 Oklahoma City, OK 73 125 (707) 544-0524 ~- telephone Attorney for Defendant Wagoner / / (BY MAIL) I placed each sealed envelope, with postage thereon fully prepaid for first class mail, for collection and mailing at San Jose, California, following ordinary business practices. / / (BY PERSONAL SERVICE) I caused each such envelope to be delivered by hand to addressee(s) noted above. / / (BY FACSIMILE) I caused the said document to be transmitted by Facsimile machine to the number indicated after the address(es) noted above. /X/ (BY ELECTRONIC MAIL) I caused each such document to be transmitted via electronic mail (“e-mail”) to the e-mail addressee(s) noted above. I declare under penalty 0f perjuxy under the laws of the State of California that the foregoing is true and correct, and that the declaration was executed on June 29, 2021 at San Jose, California. g , s f ,s) f g» , ,4» f ' 55’ ’ " /” ,f X 5’ M ax rgr N [I , fr! ’, w f / WWW; wk “Wwww Tanya: ameé PROOF OF SERVICE “W”
