Statement Case Management ConferenceCal. Super. - 6th Dist.March 16, 202121 CV37903O Santa Clara - Civil WeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Mark W. Skanes, Esq. SBN: 322072; Jonathan T. Martinez, Esq. SBN 314228 Electronicany Filed RoseWa'dorf LLP by Superior Court of CA, 100 Oceangate Boulevard, Suite 300, Long Beach, California 90802 county of Santa C|ara’ TELEPHONE No.: (518) 869-9200 FAX No. (Optional): (518) 869-3334 on 7/1 9/2021 1:21 PM E-MAILADDRESS(0ptionaI): mskanes@rosewaldorf.com Reviewed By; System System ATTORNEY F0R(Name): Defendant, TOYOTA MOTOR SALES, U.S.A., INC. case #21 cv37903o SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 6875207 STREETADDRESS: 191 North First Street MAILING ADDRESS: CITYAND ZIP CODE: San Jose, CA 951 13 BRANCH NAME Downtown Superior Court PLAINTIFF/PETITIONER: MIGUEL ANGEL ESTRADA MONCADA DEFENDANT/RESPONDENT: TOYOTA MOTOR SALES, U.S.A., INC. CASE MANAGEMENT STATEMENT CASE NUMBERI (Check one): UNLIMITED CASE E LIMITED CASE 21 CV379030 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 3, 2021 Time: 3:45 p.m. Dept: 19 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Jonathan T. Martinez Esq. 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): TOYOTA MOTOR SALES, U.S.A., INC. 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): 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. 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 of involvement 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): Complaint - Song Beverly Consumer Warranty Act Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3130 CM-1 1o [Rev. July 1, 2011] www.courts.ca.gov CM-110 _ PLAINTIFF/PETITIQNER: MIGUEL ANGEL ESTRADA MONCADA CASENUMBER= DEFENDANT/RESPONDENT: TOYOTA MOTOR SALES, u.s.A., INC. 21 CV379030 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 is a Lemon Law claim involving a 2020 Toyota Camry. Plaintiff alleges violation of the Song-Beverly Warranty Act, including breach of express and implied warranty. Plaintiff seeks actual damages, rescission and restitution, incidental damages, consequential damages, civil penalties, and attorney's fees pursuant to the Song-Beverly Act.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 setfor (date): b. No trial date has been set. This case will be ready for trial within 12 months ofthe date ofthe 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): See Exhibit A. 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 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: CounselE has 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: 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 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 1141.1 1. (3) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“O [ReV-Ju'y 1120111 CASE MANAGEMENT STATEMENT ”962°” CM-110 PLAINTIFF/PETITIONER: MIGUEL ANGEL ESTRADA MONCADA CASENUMBER= DEFENDANT/RESPONDENTZ TOYOTA MOTOR SALES, U.S.A., INC. 21 CV379030 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 E 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, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT PLAINTIFF/PETITIONER: MIGUEL ANGEL ESTRADA MONCADA CASE NUMBER:_ 21 CV379030 DEFENDANT/RESPONDENT: TOYOTA MOTOR SALES, U.S.A., INC. CMfllO. 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. Bifu rcationE 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant reserves the right to file motion(s) for summaryjudgment and/or motion(s) in limine prior to trial. 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 TOYOTA MOTOR SALES, U.S.A., INC. Written Discovery percode TOYOTA MOTOR SALES, U.S.A., INC. Plaintiff's Deposition per code TOYOTA MOTOR SALES, U.S.A., INC. Vehicle Inspection per code TOYOTA MOTOR SALES, U.S.A., INC. Expert Disclosure and Expert Discovery per code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: MIGUEL ANGEL ESTRADA MONCADA CASE NUMBER- 21 CV379030 DEFENDANT/RESPONDENT; TOYOTA MOTOR SALES, U.S.A., INC. 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): The parties have reached a settlement agreement and anticipate a release agreement will be circulated shortly. 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 (if not, explain): The parties will meet and confer before the Case Management Conference. 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): 4 | 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: July 19, 2021 /W /Jonathan T. Martinez ’ / , (TYPE OR PRINT NAM E) / (SIGNATURVF/ PARTY OR ATTORNEY) (TYPE OR PRINT NAM E) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-“O [ReV-Ju'v 1120111 CASE MANAGEMENT STATEMENT Page5°f5 EXHIBIT A August 9, 2021 August 23, 2021 September 7, 2021 October 18, 2021 November 1, 2021 December 7, 2021 December 14, 2021 December 17, 2021 December 20, 2021 February 4, 2022 February 14, 2022 EXHIBIT “A” Jury Trial Kim vs. Toyota Motor Sales, U.S.A., Inc. (19STCV28000) Superior Court, County of Los Angeles, CA Jury Trial Kathryn Van Dam v. FCA USLLC (30-2020-01 127120) Superior Court, County of Orange, CA Jury Trial Jung W00 Kim vs. FCA US, LLC (30-2019-01 105697) Superior Court, County 0f Orange, CA Jury Trial Stacie Fromm vs. FCA USLLC (30-2020-01 133472) Superior Court, County of Orange, CA Jury Trial Jin vs. Toyota Motor Sales, U.S.A., Inc. (ZOSTCV06467) Superior Court, County of Los Angeles, CA Jury Trial Mark Stepniak vs. FCA USLLC (8: 19-CV-02467) United States District Court, Central District 0fCA Jury Trial Rosa Salgado vs. FCA USLLC (19NWCV00275) Superior Court, County 0f Los Angeles, CA Jury Trial Kristen Marangi vs. FCA USLLC (30-2020-01 139877) Superior Court, County of Orange, CA Jury Trial Elidec Frias vs. FCA USLLC (30-2020-01 137582-CU-BC-CJC) Superior Court, County of Orange, CA Jury Trial Dordom' vs. FCA US LLC, et al. (MCC200091 1) Superior Court, County 0f Riverside, CA Jury Trial Elizabeth Hernandez vs. FCA US LLC, et al. (ZOSTCV17151) Superior Court, County of Los Angeles, CA February 14, 2022 February 22, 2022 February 25, 2022 April 18, 2022 April 18, 2022 May 2, 2022 June 7, 2022 July 5, 2022 July 18, 2022 July 25, 2022 July 26, 2022 Jury Trial Jim Banks vs. FCA US LLC, et al. (30-2020-01 133878) Superior Court, County of Orange, CA Jury Trial Derrick Norris vs. FCA US LLC, er al. (30-2020-01 147961) Superior Court, County of Orange, CA Jury Trial Joseph LaMarre vs. FCA US LLC, et al. (37-2020-00016725) Superior Court, County 0f San Diego, CA Jury Trial Luis Vivar vs. FCA US LLC, et al. (CIVD82012830) Superior Court, County of San Bernardino, CA Jury Trial Am' Babian vs. FCA US LLC, er al. (21GDCV00052) Superior Court, County of Los Angeles, CA Jury Trial Alex Rodriguez vs. FCA US LLC, et al. (BCV-20-101216) Superior Court, County of Kern, CA Jury Trial Toni Marie Forbes vs. FCA US LLC, et al. (ZOSTCV43882) Superior Court, County of Los Angeles, CA Jury Trial Fariba Rahnama vs. FCA US LLC, et al. (20$TCV28772) Superior Court, County of Los Angeles, CA Jury Trial Vinh Luu vs. FCA US LLC, et al. (ZOSTCV46921) Superior Court, County 0f Los Angeles, CA Jury Trial Edward Davis vs. FCA US LLC, et al. (30-2020-01 15483 1) Superior Court, County of Orange, CA Jury Trial Robert Tisdale vs. FCA US LLC, et a1. (ZOSTCV47152) Superior Court, County of Los Angeles, CA August 9, 2022 August 9, 2022 August 15, 2022 September 19, 2022 September 20, 2022 October 4, 2022 December 12, 2022 May 8, 2023 September 25, 2023 Jury Trial Jason Kim vs. FCA US LLC, et al. (ZOSTCV42651) Superior Court, County of Los Angeles, CA Jury Trial Susana Gomez vs. FCA US LLC, et a1. (21$TCVOO979) Superior Court, County of Los Angeles, CA Jury Trial Sofia Flores vs. FCA US LLC, et al. (ZOSTCV22199) Superior Court, County 0f Los Angeles, CA Jury Trial Jacqueline Torres vs. FCA US LLC, et al. (30-2020-01 173730) Superior Court, County of Orange, CA Jury Trial Darnisha Reddic vs. FCA US LLC, er al. (ZOSTCV42616) Superior Court, County of Los Angeles, CA Jury Trial Alex Buelna, et al. vs. FCA US LLC, et al. (ZOSTCV41859) Superior Court, County 0f Los Angeles, CA Jury Trial Mark Nunley vs. FCA US LLC, et al. (30-2021-01 188948) Superior Court, County of Orange, CA Jury Trial Mohamed Elhendi vs. FCA US LLC, et a1. (30-2020-01 163687) Superior Court, County of Orange, CA Jury Trial Jerom'mo Gil, et al. vs. FCA US LLC, et al. (30-2021-01 192462) Superior Court, County 0f Orange, CA UIAUJN \OOOQO’N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Miguel Angel Estrada Moncada v. Toyota Motor Sales, U.S.A., Ina, a California Corporation, and Does I through I 0 Santa Clara County Superior Court, Case No. 21CV379030 I, the undersigned, am over the age of 18 and am not a party to the within action. My business address is 501 New Kamer Road, Albany, New York 12205. On the date below, I served the following document(s) described as: DEFENDANT TOYOTA MOTOR SALES, U.S.A., INC.’S CASE MANAGEMENT STATEMENT To the following party or parties in this matter: Kevin Y. Jacobson, Esq. Attorneysfor Plaintiff Athena Nguyen, Esq. Quill & Arrow, LLP 10900 Wilshire Blvd, Suite 300 Los Angeles, CA 90024 Phone: (310) 933-4271 Fax: (3 10) 889-0645 Email: kiacobson@quillarrowlaw.com; anguven(a)quillarrowlaw.com; e-service@quillarrowlaw.c0m D BY PERSONAL SERVICE: I caused the foregoing document(s) to be personally delivered to the above addressee(s) by One Legal, LLC Via a registered process server pursuant t0 C.C.P. § 101 1. D BY U.S. MAIL: By enclosing the foregoing document(s) in a sealed envelope t0 the addressee(s) above and, under the firm s ordinary course of business placing said envelope(s) for pick-up and mailing pursuant t0 C.C.P. § 1013. I am readily familiar with the firm’ s practice for collection and processing of outgoing mail. Under that practice, the outgoing mail 1s deposited with the U.S Postal Service on the same day as collected, With postage fully prepaid. D BY OVERNIGHT DELIVERY: I enclosed the foregoing documents in a sealed envelope or package t0 the addressee(s) listed above and placed said envelope 0r package for pick-up for overnight delivery Via UPS under the firm’s ordinary course of business. I am familiar with the firm’s practice 0f collecting and processing documents for overnight delivery Via UPS. Under that practice, the envelope 0r package would be deposited for pick up by an authorized UPS courier 0r driver that same day and delivered t0 the addressee(s) the following business day pursuant to C.C.P. § 1013. BY ELECTRONIC SERVICE/EMAIL: I electronically filed the document(s) with this Court using the Court’s designated electronic filing service provider, which sent notification of that filing to the person(s) listed above t0 accept service by electronic transmission, and/orI caused the document(s) to be transmitted Via electronic mail to the addressees as listed above pursuant t0 C.C.P. § 1010.6 and 1013(g), Cal. Rule of Court 2.251, and/or agreement or stipulation between the parties. I declare under penalty 0f perjury under the laws of the State of California, that the foregoing is true and correct. Dated: July 19, 2021 Nico[e Timpanaro Nicole Timpanaro PROOF OF SERVICE