Statement Case Management ConferenceCal. Super. - 6th Dist.March 3, 2021ATTORNEY OR PARTY IMTHOUT ATTORNEY IN arne, Slate Bar number and address): Kim David Staskus (SBN 96137) Staskus Law Firm, P.C. 1631 Willow St. Suite 270 San Jose, CA 95125 TELEPHoNE No: 408-351-9296 Fnx No. Iopro aii 408-709-2509 E-MAIL ADDREss iopsonab kataakua@ataakuSlaWfirm.COm ATToRNEY FoR INsmex Plaintiff Jam)a Ann Garrisoil SUPERIDR ODURT QF GALIFDRNIA, coUNTY oF Santa Clara sTREETADDREss: 191 N. First Street MAILING ADDRESS DITYANDzIPDDDE'an Jose CA 95113 BRANCH NAME: PLAINTIFF/PETITIQNER: Jamie Ann Garrison DEFENDANT/REsPQNDENT: Frank Mikulastik FOR COURT USE ONLY CM-110 CASE MANAGEMENT STATEMENT (Check one)i Mv'NLIMITED CASE M LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) CASE NUMBER 20CV365704 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 7/20/2021 Time: 1:30pm Address of court (if different from the address above): Dept.: 2 Divd Room: Notice of Intent to Appear by Telephone, by (name)i Kim David Staskus INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~W This statement is submitted by party (name): Plaintiff Jamie Ann Garrison b. ~ This statement is submitted jointly by parties (names): 2. Complaint and crosswomplaint (to be answered by plaintiffs snd cross-comp/ainants only) a. The complaint was filed on (dais): 3/3/2021 b. M The cross-complaint, if any, was filed on (dste): 3. Service (io be answered by plaintiffs and cross-comp/a/nanrs only) a. ~v'll 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 nor): (2) M 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 (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Tyoe of case in Mv complaint H cross-complaint (Describe, including causes of Bc/ion): Personal Injury-motor vehicle cause of action Form Adopted for Mandatory Use Judimal Council of California CM-110 IRev July 1, 2011I CASE MANAGEMENT STATEMENT Pane 1 ot S Cal Rules of Court, rules 3 720-3.730 www courts.ce.dov Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/8/2021 5:00 PM Reviewed By: System System Case #21CV379118 Envelope: 6808583 21CV379118 Santa Clara - Civil System System PLAINTIFF/PETITIONER: Jamie Ann Garrison DEFENDANT/RESPONDENT: Frank Mikulastik CASE NU MSER'0CV365704 CM-110 b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the Injury end damages claimed, including medical expenses fo date (Indicate source and amount), estimated future medical expenses, lost earnings Io date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief) Defendant Mikulastik admittedly ran a red light and caused a high speed T-Bone collision, injuring plaintiff seriously. 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. Plaintiff's 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 and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request Hx a jury trial W a nonjury tnal. (If more than one party, provide the name of each party requesting ajury trial): Trial date a. ~ The trial has been set for (date): b. ~V 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 not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): November 6-21, 2021, (Family reunion). February 16-23 2022. (Vacation) Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~y days (specify number): 5-7 court days b. ~ hours (short causes) (specify): Trial representation (Io 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. 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 W 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 M has C3 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 1141.11. (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-1 10 IReu. July 1, 2011I CASE MANAGEMENT STATEMENT Page 2 of 0 PLAINTIFF/PETITIONER: Jamie Ann Garrison EFENDANT/RESPONDENT: Frank Mikulastik ! CASE NUM EER'0CV365704 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, or have already participated in (check all that app/y 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): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (dste): Agreed to complete mediation by (dste): Mediation completed on (dsfe); (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (dste): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dafe): Agreed to complete neutral evaluation by (dale): 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 (dafe): Judicial arbitration completed on (dafe); (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 (dafe): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Neu July 1, 2511l CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIQNER Jamie Ann Garrison DEFENDANTJRESPDNDENT: Frank Mikulastik CASE NUMBER. 20CV365704 CM-110 11. Insurance a. ~ Insurance carrier, if any, for parly filing this statement (name): b, Reservation of rights: Cl Yes H No c. M 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. ~ Bankruptcy W Other (specify): Status: 13. Related cases, consolidation, and coordination a ~ There are companion, underlying, or related cases. (1) Name of case; (2) Name of court (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. H A motion to D consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, sevenng, 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. ~ The party or parties have completed all discovery. b. ~~ The following discovery will be completed by the date specified (describe all anticipated discovery): Para Desciiotion Date Plaintiff Deposition of Defendant August 2021 Plaintiff Expert depositions October 2021 c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Reu July 1, 2011I CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIQNER: Jamie Ann Garrison DEFENDANT/RESPONDENT Frank Mikulastik CASE NUMBER: 20CV365704 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 ovil 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): Plaintiff submits that this is a policy limits case and the policy should be paid forthwith. Plaintiff does not feel a mediation would be an effective tool in this case. An early settlement conference would seem to be a better approach. Plaintiff does not envision much further time for defendant's carrier to pay its presumed $100k policy, and therefore an early settlement conference will likely have to address settlement above policy limits. 19. IIeet 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 Rules of 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 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 8, 2021 Kim David Staskus (TYPE OR PRINT NAME) (SIGNAT/UR F PARTY OR ATTORNEY)/ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 [Reu July I, 2011) CASE MANAGEMENT STATEMENT Page 5 of 0 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 ofCaliforni. I am over the age of 18 and not a party to the within action; my business address is 1631 Willow St. ¹270, San Jose, California 95125. On July 8, 2021, I served the foregoing documents, described as set forth below, on the interested parties in this action by emailing same to the email addresses listed below: CASE MANAGEMENT STATEMENT Served: 10 11 cali. law-ed-hawkvard. 110002Rstatefarm.corn Ed.HawkvardQStateFarm.corn 12 13 14 15 Michael J. Dodson and Edgar W. Hawkyard Philip M. Andersen & Associates Employees of the Law Department State Farm Mutual Automobile Insurance Company 4450 Rosewood Drive, Suite 450 Pleasanton, CA 94588 16 17 18 19 20 21 22 (By Regular Mail) I am "readily familiar" with the firm's practice for collection and processing of correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at San Jose, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid ifpostal cancellation date or postage meter date is more than one day after deposit for mailing affidavit. xx (By Email) I caused such document(s) to be delivered by email to the office(s) of the addressee(s) listed above at the email addresses listed above. xx (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 23 24 Executed at San Jose, California, on July 8, 2021 25 26 27