Statement Case Management Conference

Cal. Super. - 6th Dist.March 3, 2021

21 CV3791 13 Santa Clara - Civil SMeMS/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Jonathan M. Shugart, Esq. SBN: 278221 lElectronically Filed The Erskine Law Group, P.C. by superior Court of CA, 1576 N. Batavia Street, Ste. A, Orange, CA 92867 County of Santa Clara, TELEPHONE No; 949-777-6032 FAX No. (Optional):714-844-9035 on 7/1 [2021 6:20 PM E-MAILADDRESS(Optional):jshugart@erskine|awgroup.com Reviewed By: System System ATTORNEY FOR (Name): Defendant General Motors case #21 CV3791 1 3 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 6770790 STREETADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Santa Clara Courthouse PLAINTIFF/PETITIONER: BORUNDA, LUIS FLORES DEFENDANT/RESPONDENT: General Motors LLC, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): m UNLIMITED CASE E LIMITED CASE 21 CV3791 13 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 20, 2021 Time: 3:00 PM Dept.: TBD Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Jonathan M. Shugart 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): General Motors, LLC 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): b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E 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) 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 'n m complaint E cross-complaint (Describe, including causes of action): The case involves breach of warranty allegations under Song-Beverly and Magnuson-Moss Acts. Page 1 of 5 Form Adopted for Mandatory Use Cal‘ Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3120-3130 CM-1 10 [Rev. July 1, 201 1] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: BORUNDA, LUIS FLORES CASENUMBERZ_ 21CV3791 13 DEFENDANT/RESPONDENT: General Motors LLC, et al. 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“ action involving a 2019 Chevrolet Silverado with various alleged defects. Plaintiff alleges that these defects substantially impair the use, value and safety of the vehicle. Plaintiff seeks restitution, rescission, incidental damages, consequential damages, civil penalties and attorney's fees and costs. E (Ifmore 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 E a nonjury trial. (lfmore than one party, provide the name ofeach parry requesting a jury trial): 6. Trial date a. E The trial has been set for (date): b. m No trial date has been set. This case will be ready fortrial 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. m days (specify number): 5 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties wi|| 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: Counsel m has E 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 panies: 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) D 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-110[Rev.Ju|y1,2011] CASE MANAGEMENT STATEMENT Page20f5 CM-110 _ PLAINTIFF/PETITIONER: BORUNDA, LUIS FLORES DEFENDANT/RESPONDENTI General Motors LLC, et al. CASE NUMBER: 21 CV3791 13 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): m (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 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-1 1O [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CM;11Q PLAINTIFF/PETITIONER: BORUNDA, LUIS FLORES CASE NUMBER:_ 21cv3791 13 DEFENDANT/RESPONDENT; General Motors LLC, et al. 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 D 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. Bifurcationm 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): Attorney's fees if necessary. 15. Other motionsm The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in limine to narrow trial issues/exclude evidence. 16. Discovery a. E The party or parties have completed all discovery. b. m The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Written Discovery September 2021 Defendant Deposition of Plaintiff and Plaintiff's Expert February 2022 Defendant Vehicle Exam February 2022 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-1 1 0 PLAINTIFFIPETITIONER: BORUNDA, LUIS FLORES CASE NUMBER: BEFENDANTIRESPONDENT: General Motors LLC. et al. 21CV3791 13 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 shoufd not appiy to this case): 18. Other issuesE The party or parties request that the following additional maiters 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): At the time of filing the CMS, the parties have not met and conferred; however, they intend to do so 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): The parties are amenable to private mediation and anticipate the court to set a trial date at the case management conference. 20. Total number of pages attached (if any): l 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 1. 2021 /%- Jonathan M. Shugart ’ (TYPE OR PRINT NAME) [SIGNATURE OF PARTY 0R ATI'ORNEY) v (TYPE OR PRINT NAME) (SIGNATURE OF PARTY 0R ATTORNEY) CW‘OIRev-Ju'v 1x 2°"! CASE MANAGEMENT STATEMENT P=9=5°'5 PROOF OF SERVICE I am employed in the County 0f Oakland, State of Michigan, and my business address is 342 S. Main Street, Rochester, MI 48307. I am over the age 0f 18 years and I am not a party to this action. I am readily familiar with the practices 0f the Erskine Law Group for the collection and processing 0f correspondence for mailing With the United States Postal Service. Such correspondence is deposited With the United States Postal Service the same day in the ordinary course 0f business. On July 1, 2021, I served the foregoing document(s) bearing the title(s): DEFENDANT'S CASE MANAGEMENT STATEMENT by placing [] the original [X] a copy thereof enclosed in a sealed envelope addressed as follows: Kimberli C. Zazzi, Esq. Lemon Law Pro 1098 Melody Ln Ste 200 Roseville, CA 95678-5138 [X] (BY MAIL SERVICE) Iplaced such envelopes for collection and t0 be mailed on this date following ordinary business practices. [] (BY PERSONAL SERVICE) I caused t0 be delivered such envelope by hand t0 the office 0f the addressee. [] (BY FACSIMILE) The document stated herein was transmitted by facsimile transmission and the transmission was reported as complete and Without error. A transmission report was properly issued by the transmitting facsimile machine and a copy of said transmission report is attached to the original proof 0f service indicating the time 0f transmission. [] (BY NEXT DAY DELIVERY) I caused to be delivered such envelope by hand t0 the office of the addressee. [] (BY E-MAIL) I served the above-mentioned document Via electronic transmission per agreement of the parties. [X] (State) I declare under penalty of perjury under the laws 0f the State of California that the foregoing is true and correct. [] (Federal) I declare under penalty of perjury that I am employed by a member of the Bar of this Court, at Whose direction this service is made. Executed 0n July 1, 2021, at Rochester, Michigan. 4 _ 7 I H 'J Dusti M. Anderson, Paralegal