Statement Case Management Conference

Cal. Super. - 6th Dist.March 1, 2021

21 CV379039 Santa Clara - Civil Sywmwm ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Mitchell P. Beck CA BAR NO: 292349 - - LAW OFFICES 0F LARRY H. PARKER, INC. E'eg"°"'.°a"g F"? f CA 350 East San Antonio Drive y "penor o" ° ’ Long Beach, CA 90807-0948 C°unty °f Santa Clara, mono; (562) 427-2044 mo.(om,-ona,).. (562) 490-9855 0n 6/28/2021 4:44 PM E.MAILADDnessmpa-onao; mpbeck@|arryhparker.com Reviewed By: System System ATTORNEY FOR (Name).- Plaintiff Case #21 CV379039 SUPERIOR coum' 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 6741 033 STREETADDREss: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: san JOSG, CA 9571 3 BRANCH NAME: PLAINTIFF/PETITIONER: DANIEL GARCIA, JR.; DEFENDANT/RESPONDENT: JERRY LEE SCARBORO; and DOES 1 through 100, Inclusive, CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE D LIMITED CASE 21 CV379039 (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: 8:30 a.m.. Dept: 2 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Mitchell P. Beck 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): Danlel GarCIa, Jr. 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): 03/01/2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. A|| parties named in the complaint and cross-complaint have been sewed, 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 complaint D cross-complaint (Describe, including causes of action): A.Negligence causing Personal Injury; Automobile v. automobile. three car collission. Plaintiff was at a stop. Defendant rear ended Plaintiff's vehicle causing Plaintiff vehicle to be pushed into the vehicle infront of him. Page 1 of 5 Form Adopted for Mandatory Use . Cal. Rules of Court, Judicial Council of California C ' Essentlal CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 1O [Rev. July 1, 201 1] “mm EFoms- www.couris.ca.gov Garcia, Daniel D20-02393 CM-1 10 DEFENDANT/RESPONDENT: JERRY LEE SCARBORO; PLAINTIFF/PETITIONER:DANIEL GARCIA, JR.; CASENUMBER: 21 CV379039 and DOES 1 through 100, Inclusive, 4. b. Provide a brief statement of the case, including any damages. (prersonal injuty 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.) Plaintiff had general body pain, including neck and shoulder pain. Medical bills amounting to approximately $41 ,624.71 and continuing. No future medical bills or lost earnings are unknown at this time. 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 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. 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5-7 Days b. D 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 pany 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 patties: 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 .11. (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-110 [Hem July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 0f 5 CEB' Essential «um EM‘ Garcia, Daniel D20-02393 CM-1 10 PLAINTIFF/PETITIONER:DANIEL GARCIA, JR.; DEFENDANT/RESPONDENT: JERRY LEE SCARBORO; and DOES 1 through 100, Inclusive, CASE NUMBER: 21 CV379039 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): D Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation D Agreed to complete mediation by (date): D Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement 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): arb'trat'm 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): arb'tratlon 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-110 [Rev. July 1, 2011] CH3 Essential web.com Em- CASE MANAGEMENT STATEMENT Page 3 of 5 Garcia, Daniel D20-02393 CM-1 10 DEFENDANT/RESPONDENT: JERRY LEE SCARBORO; PLAINTIFF/PETITIONER: DANIEL GARCIA, JR.; CASE NUMBER: 21 CV379039 and DOES 1 through 100, Inclusive, 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues wi|| 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|| be filed 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. D The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Defendant's Written Dlscovery 60 days Plaintiff Defendant's Deposition 120 Days c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-11o [Rem July 1, 2011] CASE MANAGEMENT STATEMENT P399 4 0f 5 CEB' Essential _ I m... EM‘ GarCIa, Daniel D20-O2393 CM-1 10 PLAINTIFF/PETITIONER: DANIEL GARCIA, JR.; CASE NUMBER: 21 CV379039 DEFENDANT/RESPONDENT: JERRY LEE SCARBORO; and DOES 1 through 100, Inclusive, 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 will 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. D 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): 2- | 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 A, 2021 MitcheIIP Beck } Wgwé (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) b (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110[Rev.JuIy 1,2011] CASE MANAGEMENT STATEMENT Pagesofs 951' Elms! Garcia, Daniel D20-02393 A PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES | am employed in the county of Los Angeles, State of California in the offices of a member of the Bar of this Court. | am over the age of 18 and not a party to the within action; my business address is 350 East San Antonio Drive, Long Beach, California 90807- 0948. OQOOONOU'l-hook) NNNNNNNNNAAAAAAAAAA mNmU'l-thAOLOWNOUUTgQJNA On the date given, | served the following documents: CASE MANAGEMENT STATEMENT on the interested parties through their attorneys of record (X) () () (X) by placing true and correct copies thereof addressed as shown on the attached list, as designated below: by placing () the original () a true copy thereof enclosed in sealed envelopes addressed as follows: VIA ELECTRONIC MAIL TO: (Pursuant C.C.P. Section 1010.6 & the State of California, Executive Order N-38-20). | emailed said documents to the email address(es) provided above. | have conducted a reasonable investigation and have good faith knowledge that the email address(es) listed above is either the person named below and/or someone authorized to accept service of said documents. | did not receive any message or email in response to this email within a reasonably timely manner informing me that the document failed to deliver to the addresses listed. BY FIRST CLASS MAIL (C.C.P. §§ 1013a, et seg.): | caused said document(s) to be deposited in the United States Mail in a sealed envelope with postage fully prepaid at Long Beach, California, following the ordinary practice at my place of gusiness of collection and processing of mail on the same day as shown on this ec aration. BY HAND DELIVERYIPERSONAL SERVICE (C.C.P. §§ 1011, et seg.): | caused said document(s) to be personally delivered by a courier to each addressee. BY TELECOPY/FACSIMILE (C.C.P. §§ 1012.5, et seg.): | caused said document(s) to be telecopied to each addressee's telecopier (" Fax") number. BY EXPRESS MAIL (C.C.P. §§ 1013(c)(d), et seg.): | caused said document(s) to be deposited with an express service carrier in a sealed envelope designed by the carrier as an express mail envelope, with fees and postage prepaid. BY REGISTERED MAIL (C.C.P. §§ 1020, et seg.): | caused said document(s) to be deposited with the United States Mail, postage prepaid, return receipt requested, signed by addressee that said documents were received. | declare under penalty of perjury under the laws of the State of California and of the United States of America that the above is true and correct. | declare that | am employed in the office of a member of the bar of this Court at whose direction the service is made. DATE: June 28, 2021 Delora/Thy Delora Thy OLOOOVOCH-waA NNNNNNNNNAAAAAAAAAA mfimm§mNAO©mNO301#CDNA Name and Address Party Represented of Counsel Jerry L. Scarboro Defendant 2025 Los Gatos Almaden Road San Jose, CA 95124 Cole Barnett Adjuster for Defendant State Farm Insurance P.O. Box 106171 Atlanta, GA 30348-6171