Statement Case Management Conference

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

ATTORNEY OR PARTY IMTHOUT ATTORNEY (Name, State Bar number end addressr Kim David Staskus (SBN 96137) Staskus Law Firm, P.C. 1631 Willow St. Suite 270 San Jose, CA 95125 TELEPHONE NOJ 408-351-9296 FAX NO IOPlrmesti,408-709-2509 E-MAIL ADDREss (DPlicnail kstaskus@staskuslawfirm.corn ATTDRNEY Foniwamei. Plaintiff Jamie Ann Garrison SUPERIDR CQURT QF CALIFDRNIA, coUNTY oF Santa Clara STREETAODRESM 1 91 N. First Street MAILING ADDRESS: OITYANDzIPcoDE: San Jose CA 95113 BRANCH NAME'LAINTIFF/PETITIQNER: Jamie Ann Garrison DEFENDANT/REsPQNDENT: Frank Mikufastik Cllll-110 FOR COURT USE ONLY (Check one)i CASE MANAGEMENT STATEMENT CASE NUMBER:K UNLIMITED CASE H LIMITED CASE 21 CV37911 8 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEIIIIENT CONFERENCE is scheduled as followsxl Date: 2/15/2022 Time: 10:00am Dept.: 2 DivU Room: Address of court (I f different from the address above): Notice of Intent to Appear by Telephone, by (name)J Kim David Staskus INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~v'his statement is submitted by party (name): Plaintiff Jamie Ann Garrison b. ~ This statement is submitted jointly by parties (names)i 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/a/nants only) a. The complaint was filed on (date): 3/3/2021 b. ~ The cross-complaint, if any, was filed on (date): 3. service (lo be answered by plaintiffs and cross-compla/nants only) a. ~v'll parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. C7 The following parties named in the complaint or cross-complaint (1) C3 have not been served (specify names and explain why not): (2) C7 have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (spec/fy names): c. ~ The following additional parties may be added (spec/fynames, nature ofinvolvementin case, and date by whichthey may be served): 4. Description of case a. Type of case in ~z complaint C] cross-complaint (Describe, including causes of action): Personal Injury-motor vehicle cause of action Form Adopted for Mandstcry Use Judiual Csuncil cf Calrfcmta C M-1 10 [Re v. July I, 2011I CASE MANAGEMENT STATEMENT Page1afs Cal Rules cf Court, rules 3.T20-3.T30 www ccurfs ca gcv Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/2/2022 4:12 PM Reviewed By: R. Fleming Case #21CV379118 Envelope: 8201568 21CV379118 Santa Clara - Civil R. Fleming PLAINTIFF/PETITIONER: Jamie Ann Garrison DEFENDANT/RESPONDENT; Frank Mikulastik CASENUMBER'1 CV37911 8 CM-110 (If more than one party, provide the name of each party b. Provide a brief statement of the case, including any damages. (Ifpersons(injury damages ere sought specify theinjury and damages claimed, including medical expenses to date (indicate source and amount), estimated future medical expenses, lost earnings Io date, and estimated future lost earnings. If equitable reliefis sought, descnbe the nature of the relief) Defendant Mikulastik now denies running a red light that caused a high speed T-Bone collision, injuring plaintiff seriously, after telling the CHP he ran the red light. Plaintiff suffered a serious concussion with post-concussion syndrome, as well as serious neurological injuries involving herniated discs at two areas in her cervical spine. Plaintiffs medical expenses exceed $40,000, and she suffered a loss of sales commissions of over $50,000. (If more space is needed, check this box snd attach a page designated as Affachment 4b) Jury or nonjury trial The party or parties request K a jury trial M a nonjury trial. requesting ajury trial): Trial date a. ~ The trial has been setfor (date): b. CG No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if noi, explain): c. Dates on which parties or attorneys will not be available for tnal (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the tdial will take (check onej: a. ~E days (specify number): 6-7 court days b. ~ hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial ~ by the attorney or party usted 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 descnbed 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 K has H has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) Forself-represented parties: Party% has H has not reviewed theADR information package identifiedinrule 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 1141.11. (3) ~ 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 IReu. July 1, 20111 CASE MANAGEMENT STATEMEN f Page 2 of 2 pLAINTIFF/pETITIQNER: Jamie Ann Garrison EFENDANT/RESPONDENT: Frank Mikulastik CASE NUMBER: 21CV379118 CM-110 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, orhave already participated in (check ail that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check ail 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'DR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (daie): Mediation completed on (data): (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 (dats): (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 (specify): ADR session not yet scheduled ADR session scheduled for (date): C3 Agreed to complete ADR session by (date): ADR completed on (date): CM-1 10 (Re . July 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 ef 5 PLAINTIFF/PETITIQNER: Jamie Ann Garrison DEFENDANTJRESPDNDENT Frank Mikulastik CASE NUMBER: 21 CV379118 CM-1 10 11. Insurance a. ~ Insurance cartier, if any, for party filing this statement (name): b. Reservation ofrightsi M Yes H No c. C3 Coverage issues will significantly affect resolution of this case (explain): 12. Judisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.~ Bankruptcy C] Other (specify): Status: 13. Related cases, consolidation, and coordination~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: M Additional cases are described in Attachment 13a. b. C] A motion to H consolidate M 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): Regular Motions in Limine 16. Discovery a. C7 The party or parties have completed all discovery. b. ~v The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriotion Date Plaintiff Deposition of Defendant Completed Plaintiff Depo of Ind. witness Completed Plaintiff Depo of CHP Officer Completed Plaintiff Written Discovery Completed Plaintiff Expert Witness Depositions TBD c ~v'he following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): The parties have reached a tentative agreement, subject to confirmation by defense counsel, regarding recent subpoenas, and plaintiff anticipates taking the pending motion to quash off calendar. CM-110 [Reu. July 1, 20111 CASE MANAGEMENT STATEMENT Ruse 4 ei 4 PLAINTIFF/PETITIQNER: Jamie Ann Garrison OEFENOANTJREspoNOENT Frank Mikulastik CASE NUMBER 21CV379118 CM-110 17. Economic litigation a. ~ This is a limited civil case (i.eu the amount demanded is $25,000 or less) and the economic litigation procedures in Codeof 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 additionaldiscovery will be filed (if checked, explain specifi'cally why economic litigation procedures re/ating io discovery or trialshould not apply to this case): 18. Otherissues~ The party or parties request that the following additional matters be considered or determined at the case managementconference (specify)( Plaintiff does not feel a mediation would be an effective tool in this case. Plaintiff is requesting a Rule 4 referralto explore settlement. 19. Meet and confer a. ~Y'he party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rulesof Court (if not, explain): Parties are discussing now. 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)) 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 authortity to enter into stipulations on these issues at the time ofthe case management conference, including the written authority of the party where required. Date: February 2, 2022 Kim David Staskus (TYPE OR PRINT NAME) (SIGNATU OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 (ReY. July 1, 20(T] CASE MANAGEMENT STATEMENT Puce 0 eie PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA Case Name: Garrison v. Mikulastik Superior Court Case No.: 21CV379118 I am employed in the County of Santa Clara, State ofCalifornia. I am over the age of 18 and nota party to the within action; my business address is 1631 Willow St. ¹270, San Jose, California 95125.On February 2, 2022 I served the foregoing documents, described as set forth below, on the interestedparties in this action by emailing same to the email addresses listed below: CASE MANAGEMENT STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Served: cali.law-ed-hawkvard.110o02$state farm.corn Ed.HawkvardQStateFarm.coul ~d-" .h k d. S. ttst 1'DGAR W. HAWKYARD, ESQ. (SBN 126735) JEANETTE N. LITTLE& ASSOCIATES Employees of the Law Department State Farm Mutual Automobile Insurance Company 4450 Rosewood Drive, Suite 450 Pleasanton, CA 94588 (By Regular Mail) I am "readily familiar" with the firm's practice for collection andprocessing ofcorrespondence for mailing. Under that practice it would be deposited with theUnited States Postal Service on that same day with postage thereon fully prepaid at San Jose,California, in the ordinary course ofbusiness. I am aware that on motion of the party served,service is presumed invalid ifpostal cancellation date or postage meter date is more than oneday after deposit for mailing affidavit. (By Email) I caused such document(s) to be delivered by email to the office(s) of theaddressee(s) listed above at the email addresses listed above. (State) I declare under penalty of perjury under the laws of the State of California that theforegoing is true and correct. 24 25 26 Executed at San Jose, California, on February 2, 2022. 'im +Dtaskus 27