Statement Case Management Conference

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

21 CV3791 18 Santa Clara - Civil Weflflfifitem ATTORNEY OR PARTY WITHOUT A‘I'I'ORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Edgar W. Hawkyard (SBN 126735) . _ JEANETTE N. LITTLE & ASSOCIATES Electronlcally Flled 4450 Rosewood Drive, Suite 450 by Superior Court 0f CA, Pleasanton, CA 94588 County of Santa Clara, TELEPHONE N0.: 925-225-6838 FAX No. (Optional): 855-732-9437 on 7/6/2021 10:55 AM E-MAIL ADDRESS(0pt/onal): Ed.Hakaal’d@StateFarm.C0m Reviewed By: System System ATTORNEY FOR (Name): Defendant, Frank Paul Mikulastik case #21 cv3791 1 8 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 6783735 STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITYAND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: JAMIE ANN GARRISON DEFENDANT/RESPONDENT: FRANK PAUL MIKULASTIK, et al. CASE MANAGEMENT STATEMENT Eqsévgggfi- 18 (Check one): X UNLIMITED CASE D LIMITED CASE (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: 1:30 pm Dept: 2 Div.: Civil Room: Address of court (if different from the address above): g Notice of Intent to Appear by Telephone, by (name): Edgar W. Hawkyard INSTRUCTIONS: All 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): Defendant, Frank Paul Mikulastik 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): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, 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 date by which they may be served): 4. Description of case a. Type of case in E complaint D cross-complaint (Describe, including causes ofaction): Personal injury/Motor Vehicle Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-1 10 [Rev. July 1, 201 1] www.courts.ca.gov American LegalNet, Inc. www.ForrnsWorkFlow.com CM-110 . CASE NUMBER: - PLAINTIFF/PETITIONER. JAMIE ANN GARRISON 21CV3791 18 DEFENDANT/RESPONDENT: FRANK PAUL MIKULASTIK, et al. 4. b. Provide a brief statement of the case, including any damages. (lfpersonal 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 action arises out 0f a two vehicle collision occurring on March 12, 2019, 7:35 p.m., on Parkmoor Ave. at the intersection With Leland Ave., Santa Clara, California. 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 E a jury trial D a nonjury trial. (If more than one pariy, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. E 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 will not be available for trial (specify dates and explain reasons for unavailability): Set for trial 7/26/21, 8/30/21, 9/7/21, 9/10/21, 9/17/21, 9/23/21, 10/5/21, 10/1 5/21, 11/5/21, 11/15/21, 12/3/21, 1/1 0/22, 1/24/22, 1/31/22, 2/1 8/22, 2/25/22, 3/14/22, 5/2/22, 9/9/22, 10/24/22, 11/1 8/22 7. Estimated length of trial The party or parties estimate that the trial wi|| take (check one): a. E days (specify number): 3-5 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial g by the attorney or party 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. Preference D 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 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 self-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 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-“OIRW- Ju'v 1120111 CASE MANAGEMENT STATEMENT Pawn” American LegalNet, Inc. www.FormsWorkFlow.com . CM-110 PLAINTIFF/PETITIONER: JAMIE ANN GARRISON D-EFENDANT/RESPONDENT: FRANK PAUL MIKULASTIK, et al. CASE NUMBER: 21CV379118 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 aI/ 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 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 arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specim: DUDE DUDE DUDE DUDE DUDE DDUfi ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.com9 CM-110 -DEFENDANT/RESPONDENT: FRANK PAUL MIKULASTIK, et al. . CASE NUMBER:PLAINTIFF/PETITIONER. JAMIE ANN GARRISON 21CV3791 18 11. 12. 13. 14. 15. 16. Insurance a. g Insurance carrier, if any, for party filing this statement (name): State Farm Mutual Automobile Insurance Company b. Reservation of rights: D Yes g No c. D Coverage issues wi|| significantly affect resolution of this case (explain): 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: 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 Amotionto D consolidate D coordinate willbe filed by (nameparty): Bifurcation D 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): Other motions E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in limine at trial as appropriate. Discovery a. D The party or parties have completed all discovery. b X The following discovery wi|| be completed by the date specified (descn'be all anticipated discovery): Party Descrigtion Date Defendant Production of Documents Completed Defendant Form Interrogatories Completed Defendant Deposition 0f Plaintiff(s) July 19, 2021 Defendant Expert Discovery ongoing Defendant Records Subpoena ongoing c. D The following discovery issues. including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OIReV- Ju'v 1120111 CASE MANAGEMENT STATEMENT P3994!“ American LegalNet, Inc. www.FormsWorkFlow.c0m . CM-110 . CASE NUMBER: _ PLAINTIFF/PETITIONER. JAMIE ANN GARRISON 21 CV3791 1 8 DEFENDANT/RESPONDENT: FRANK PAUL MIKULASTIK, et al. 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 will 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 wi|| be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues D The party or parties request that the following additional matters be considered or determined at the case management conference (specifil): 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): | am completely familiar with this case and wi|| 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 6, 2021 Edgar W. Hawkyard L@ “é (Jaymg (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) > (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) D Additional signatures are attached. CM-“OIReV- Ju'v 1120111 CASE MANAGEMENT STATEMENT Pages“ American LegalNet, Inc. www,FormsWorkFlow.com , OQNOU‘I#WNA NNMNNMNNMAAAAAAAAAA QNQUI¥OONAO¢DQNGUI#WNAO PROOF OF SERVICE Garrison v Mikulastik Santa Clara County Superior Court - San Jose Case No. 21CV379118 l, the undersigned, declare that | am a resident 0f the United States; employed in the City of Pleasanton and County of Alameda, State of California; over the age of 18 years; not a party to the within entitled cause; and my business address is 4450 Rosewood Drive, Suite 450, Pleasanton, CA 94588. On July 6, 2021, | served the within document(s), CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: Attorney for Plaintiff Jaime Ann Garrison Kim David Staskus Staskus Law Firm 1631 Willow Street, Suite 270 San Jose, CA 95125 kstaskus@staskuslawfirm.com [ X ] ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail address(es) listed based on notice provided that, during the Coronavirus (COVlD-1 9) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. | declare under penalty of perjury under the laws of the State of California that the above is true and correct, and that this declaration was executed on July 6, 2021, at Pleasanton, California. WMHWW Cassidy Holmes Proof of Service