Statement Case Management Conference

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

ATTORNEY ORPARTYWITHOUTATTORNEY(Name, Slates r I, nd dd ai. Scott Hammel, Esq. (SBN: 114911) Litigation Advocates Group 1990 N. California Blvd., 8th Floor Walnut Creek, CA 94596 TELEPHONE No. g25-932-7038 E MAIL ADDRESS fOPSonali'umlSCOuneeleclmail.COm ATTORNEY FOR !Namet'efendant ERIC SADATI SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA mREETADDREss 191 N. First Street MAILINO ADDRFBS clTY AND zIP coDE San Jose. CA BRANCH NAME FAX NO &opto li PLAINTIFF/PETITIONER: VAHID ASSADI DEFENDANT/RESPONDENT. MAHSA IAANAVI, Bt Bi. A CASE IIIIANAGEMENT CONFERENCE is scheduled as follows: CASE MANAGEMENT STATEMENT (Check one)l ~x UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) FOR COURT USE ONLY CASE NUMBER 21CV379114 CM-110 Date. Julv 13. 2021 Time: 3I00 D,m Dept.: 20 Divz Room Address of court (if different from the address above): ~x Notice of Intent to Appear by l elephone, by (name)l Scott Hammel, Esq. INSTRUCTIONS: All appli&:able boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one)l a. ~x This statement is submitted by party (name): Defendant ERIC SADATI b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint lto be answered by plaintiffs and cross-compiainants only) a. The complaint was filed on (da!e)l b. ~ The cross-complaint, if any, was filed on (dste): 3. Service (to bs answered by p/aintirfs and cross-comp/sinsnts only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and explain why nol): (2) ~ have been served but have not appeared and have not been dismissed (specsfy names): (3) ~ have had a del'ault 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 ~ complaint ~ cross-complaint (Describe, including causes of action): Form Adopted tol Mandatory Use Junto a I Council of Cali tolnia CM 110 [R J ly I, 2011I CASE MANAGEMENT STATEMENT P a 1ofa Cel Rules of Coutt, 3 720-3 730 men.coons ca goy Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/23/2021 7:47 AM Reviewed By: System System Case #21CV379114 Envelope: 6703366 21CV379114 Santa Clara - Civil System System PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT; CASE NUMBER CM-110 4. b. Provide a brief statement of thc case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses Io date [indicate source and amount), estimated future medical expenses, lost earnings to date, and esfimaterf future lost earnings. If equitable relief is soughl, describe the nature of the relief) ~x a nonjury trial. (If more than one party, provide the name of each party ~ (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 a jury trial requesting a jury trial): 6. Trial date a. ~ The trial has been set for (date): b ~x No trial date has been se.. This case will be readyfor 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 dales 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): 3-5 b. ~ hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial ~x by the attorney or party bated in the caption a. Attorney: b. Firm: ~ by the following: c. Address: d. Telephone number: e. E-mail address: f. Fax number: g. Party represented:~ Additional representation is cescribed 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 ~x has ~ hes not provided the ADR information package identified in rule 3.221 to the client anti 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. Referral to judicial arbitration or civil action mediation (if available). (1)~ This matter is sub)act .o 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 kmit. (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 1141.11. (3)~ 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): Civl-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Pg 2 fe PLAINTIFF/PETITIONER'EFENDANT/RESPONDENT. CASE NUMBER CM-110 1LL 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 fc/ieck a/I that apply and prov/de the specified information): (1) Mediation The party or parties completing this form are willing to participate in the following ADR processes I'check a/l 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 (a/tach a copy of the parties'DR stlpu/ationj:~ Mediation session not yet scheduled~ Mediation session scheduled for (date):~ Agreed to complete mediation by (date)i~ Mediation completed on (date): (2) Settlement conference ~ Settlement conference not yet scheduled~ Settlement conference scheduled for (date)/~ Agreed to complete settlement conference by (da/e):~ Settlement conference completed on (da/e): (3) Neutral evaluation ~ Neutral evaluation not yet scheduled~ Neutral evaluation scheduled for (da/e)i~ 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 (dafe):~ Agreed to complete judicial arbitration by (date)/~ Judicial arbitration completed on (date)i (5) Binding private arbitration ~ Private arbitration not yet scheduled~ Pnvate arbitration scheduled for (date):~ Agreed to complete private arbitration by (date)/~ Private arbitration completed on (date): (6) Other (specify): ~ ADR session not yet scheduled~ ADR session scheduled for (dale):~ Agreed to complete ADR session by (date):~ ADR completed on (date)i CM-1 10 IReu. July I, 20 I I] CASE MANAGEMENT STATEMENT Page 5 of 5 PLAINTIFF/PETITIONER'EFENDANT/RESPONDENT: CASE NUMBER CM-110 11. Insurance a ~ Insurance carrier, if any, I or party filing this statement (name): b. Reservation of nghts: ~ Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (exp/ain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.~ Bankruptcy ~ Other (specify): Status: 13. Related cases, consolidation, and coordination a. ~ There are companion, urderlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status~ Additional cases are described in Attachment 13a, b. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party). 14. Bifurcation~ 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): 1st Discovery a. ~ The party or parties have completed all discovery. b. ~x The following discovery will be completed by the date specified (describe ali anticipated discovery): ~Part Eric Sadati ~De cn tion Written Discovery Depositions Per Code Per Code ~Dte c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 iR J 1Y 1. 2011i CASE MANAGEMENT STATEMENT Page 4 er 5 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER CM-110 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 ((7 checked, explain specifica/ly why economic litigation procedures relating to discovery or trial should not app/y to this Ease)( 18. Other issues~ The party or parties request Ihat the follow(ng additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. ~ The party or parties havE met and conferred with all parties on all subiects requ(red by rule 3.724 of the Cahforn(a Rules of Court (if not, explain): Plaintiffs counsel has fa(led to return multiple telephone calls to discuss th(s case. b. ~ After meeting and confernng 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 (((any): I 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 stipulat(ons on these issues at the t(me of the case management conference, including the written authority of the party where required. Date: June 23. 2021 Scott Hamme(, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME( (SIGNATURE QF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 [Rau. July I, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form PROOF OF SERVICE I am employed in the County of ( ontra Costa, State of California. I am over the age of 18 years and not a party to the within action. My business address is 1990 N. California Blvd., 8'" Floor, Walnut Creek, California 94596. On June 23, 2021, I served the within: CASE MANAGEMENT STATEMENT on the following parties by placing a true copy thereof as indicated below, addressed as follows: 10 Michael E. Adams Law Office of Michael::. Adams 702 Marshall Street, Suite 300 Redwood City, CA 94063 Tel: (650) 599-9463 Attorney for Plaintiff VAHID ASSADI 12 13 14 15 16 17 18 19 20 21 22 23 BY MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed for collection and mailing at my place of business. Following ordinary business practices, said correspondence will be deposited with the United States Postal Service at Walnut Creek, California, on the referenced date in the ordinary course of business. There is delivery service by United States mail at the place so addressed in the City of Walnut Creek, County o ( Contra Costa, State of California. BY OVERNIGI-IT MAIL: I caused such copies to be placed in envelopes designated by the express carrier, Golden State Overnight, with delivery fees provided for and deposited those envelopes: n a pickup box regularly maintained by Golden State Overnight. BY EMAIL: I caused a PDF document to transmit via electronic mail to the email addresses listed on the proof of service. BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the offices of the addressee(s). STATE: I declare under the penalty of perjury under the laws of the State of California, that the foregoing is true and correct. FEDERAL: I declare that I am a member of the bar of this court at whose direction the service was made. 24 25 Scott Hammel 26 27 28 PROOF OF SERVICE