Statement Case Management ConferenceCal. Super. - 6th Dist.March 3, 202121CV379111 Santa Clara - Civil System System Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/7/2021 9:02 AM Reviewed By: System System Case #21CV379111 CM'1 1 0FnWQR‘IRQ _. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber', and address): Deborah L. Horowitz, S.B.N. 216607 California Lemon Law Group, Inc. 11440 W. Bernardo Court, Suite #300. San Diego, CA 92127 FOR COURTUSE ONLY TELEPHONE NOS (858) 759-2501 FAX NO. (Uptionafl: (858) 759-2502 E-MAIL ADDRESS (Optional): DebbieflCaliforniaLemonLawGrouacom ATTORNEY FOR' (Name): Plaintiff SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS:‘|9‘| N. First Street MAILINGADDRESS:191 N. First Streeet CITY AND ZIP CODEzSan Jose. California 951 1 3 BRANCH NAME; PLAINTIFF/PETITIONER: Donovan VanAntwerp DEFENDANT/RESPONDENT: FCA, US, LLC; Moss Bros. Chrysler Dodge Jeep Ram Fiat SB CASE MANAGEMENT STATEMENT CASE NUMBER; (Check one): x UNLIMITED CASE LIMITED CASE 21 CV3791 11 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Julv 13, 2021 Time: 3:000m Dept? 20 Div.: Room: Address of court (if different from the address above): x Notice of Intent to Appear by Telephone, by (name): Deborah L. Horowitz INSTRUCTIONS: Ail applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. x This statement is submitted by party (name): Plaintiff b. 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 3. 2021 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complafnants only) a. x A|| parties named in the complaint and cross-complaint have been served, have appeared, 0r have been dismissed. b. The following parties named in the complaint 0r cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. 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 of case in x compiaint cross-compiaint (Describe, including causes of action): This action involves a breach 0f the Song-Beverly Consumer Warranty Act ("California Lemon Law"). Page 1 of 5 Form Adopted for Mandatcuy Use CASE MANAGEMENT STATEMENT Cal. Rules 0f COUIL Judicial Council of California rules 3.720 -3.730 CM-1 10 [Rem July 1. 2011] WWW.COUIfs.ca.90v CM-110 PLAINTiFF/PETITIONER: CASE NUMBER; DEFENDANT/RESPONDENT: I _-- 4. b. Provide a brief statement of the case. including any damages. (prersonal injury damages are sgught, 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, descn'be the nature of the relief.) This is a lemon law action regarding a brand new 201 8 Chevrolet Camaro. Plaintiff alleges that Defendants failed to conform the vehicle to the applicable express and implied warranties within a reasonable number of attempts. Plaintiff seeks rescission, restitution. civil penalties, and reasonable attorney’s fees and costs of suit. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties request x‘ a jury trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. x No trial date has been set. This case will be ready fortrial within 12 months of the date of the filing ofthe 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. x days (specify number): 5-7 b- 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 by the following: a. Attorney: b Firm: c. Address: d. Telephone number: f. Fax number: e. E-maIl address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference 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 x 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: Party has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) This matter is subject to mandatory judicial 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) 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) x This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Court orfrom civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): The amount in controvery exceeds the statutory limit. cw 1o [Rev. July 1, 2011} CASE MANAGEMENT STATEMENT P399 20‘ 5 CM-110 PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: _-- l_ 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 Ifthe party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the padies'ADR processes (check all that apply): stipulation): x Mediation session not yet scheduled Mediation session scheduled for (date): 1 Mediation X ( ) Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for(date): conference Agreed to complete settlement conference by(date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): *- + _- _- *- CM-110 [Rem July 1. 201 1] CASE MANAGEMENT STATEMENT Page ms CM-110 T PLAINTIFFIPETITIONER: DEFENDANT/RESPONDENT: _-_ 11. Insurance a. b. Reservation of rights: CASE NUMBER: Insurance carrier, if any, for party fi ing this statement (name): Yes C. 12. Jurisdiction No Coverage issues will significantly affect resolution of this case (explain): Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Status: Bankruptcy Other (specify): 13. Related cases, consolidation. and coordination a. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: A motion to 14. Bifurcation consolidate There are companion, underlying, or related cases. Additional cases are described in Attachment 13a. coordinate will be filed by (name party): action (specify moving party, type of motion, and reasons): 15. Other motions 16. Discovery The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the foliowing issues or causes of The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): Date July 2021 August 2021 September 2021 October 2021 a. :] The party or parties have completed all discovery. b. x The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Plaintiff Written Discovery Plaintiff Depositions of Dealership PMQS Plaintiff Depositions of Dealership Repairing Technicians Plaintiff Depositions of Defendant's PMQs Plaintiff C. Depositions of Defendant's Expert Witnesses 35 days before trial ' The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev July 1. 201 1] CASE MANAGEMENT STATEMENT Page 4 of S CM-110 PLAINTIFFIPETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 17. Economic litigation a. 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. 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): '19. Meet and confer a. x The party or parties have met and conferred with all parties on all subjects req uired by rule 3.724 of the California Rules of Court (ifnot, explain): b. x After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (Specffy) I 20. Total number of pages attached {if any): O | 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 ofthe party where required. Date: Mav7. 2021 Deborah 1.. Horowitz ’ , I (TYPE 0R PRINT NAME) (SIGNAURE 0F PARW 0R ATTORNEY) f} (TYPE 0R PRINT NAME) (SIGNATURE 0F PAR'IY 0R ATrORNEY) Additional signatures are attached. CM-110 [Rem July 1. 2011] CASE MANAGEMENT STATEMENT ”9950f 5 Save this form I For your protection and privacy, please press the Clear _ I This Form button after you have printed the form. I Print this form -'=.'._.-.-...u:.._;__u...- _ .... ...H” ‘ r- 00x10 \D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26. 27 fin PROOF OF SERVICE BY M__IL (Sections 10133, 2015.5 C.C.P.) DONAVAN VANANTWERP v. GENERAL MOTORS, LLC STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO) l am employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action- My business address is: 11440 West Bernardo Court, Suite #300, San Diego, California 92127. On the date set forth below, | served the foregoing documents described as: PLAINTIFF’S CASE MANAGEMENT STATEMENT, on the interested parties in this action addressed as follows: Mary Arens McBride, Esq. Stacey S. Davis, Esq. he Erskine Law Group, PC 1576 N. Batavia Street, Suite A Orange, California 92867 [ ] (BY MAIL) The envelope was mailed with postage thereon fully prepaid. As follows: l am "readily familiar" with the firm's practice 0f collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at San Diego, California in the ordinary course of business. I am aware that on motion 0f the party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] (BY FEDERAL EXPRESS) I caused to be delivered such envelope by Federal Express (Overnight Delivery) to the addressee. [ ] (BY PERSONAL SERVICE) l caused to be delivered such envelope by hand to the addressee. [X] (BY ELECTRONIC MAIL) I caused to be delivered by electronic mail transmission to the above addressee, number and location. [X] (STATE) I declare under penalty 0f perjury under the laws of the State of California that the above is true and correct. [ ] (FEDERAL) I declare that | am employed in the office of a member of the bar of this court at whose direction the service was made- Executed 0n May 7, 2021, at San Diego, California. PROOF OF SERVICE