Statement Case Management ConferenceCal. Super. - 6th Dist.March 23, 202121 CV380994 Santa Clara - Civil CMRI fiBming ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name, State Bar number, and address): James O. Eiler (SBN 128051) / Paul W. Burke (133471) _ _ MURCHISON & CUMMING, LLP Electronlcally Flled 801 South Grand Avenue, Ninth Floor by Superior Court Of CA, L08 Angeles, CA 90017 County of Santa Clara, TELEPHONE No.: 21 3-623-7400 FAX No. (Optional): 21 3-623-6336 0n 1/3/2022 1 1 :51 AM E.MAIL ADDRESS:jeiIer@murchisonlaw.com / pburke@murchisonlaw.com Reviewed By: R. Fleming ArroaNEY F0R(Name).-Associated Counsel for Defis Alexandra Beas case #21 cv380994 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA . STREET ADDRESS: 161 North First Street EnveloPe' 7967994 MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA BRANCH NAME: Old Courthouse PLAINTIFF/PETITIONERI AMY ELIZABETH WRIGHT DEFENDANT/RESPONDENT: ALEXANDRA BEAS, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): X UNLIMITED CASE D LIMITED CASE 21CV380994 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) FOR COURT USE ONLY A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 18, 2022 Time: 10:00 a.m. Dept: "19" Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Paul W. Burke, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. g This statement is submitted by party (name): Alexandra Beas 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): March 23, 2021 b. g The cross-complaint, if any, was filed on (date): July 6, 2021 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. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): Only Roe Cross-Defendants have been named. Discovery is necessary to identify true names. (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 E cross-complaint (Describe, including causes ofaction): Complaint: Motor Vehicle; Personal Injury; Cross-Complaint: Indemnity; Contribution 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. September 1, 2021] www.courrs.ca.gov American LegalNet, Inc. www.FormsWorkFlowlcom CM-11O PLAINTIFF/PETITIONER: AMY ELIZABETH WRIGHT cAsa NUMBER: DEFENDANT/RESPONDENT: ALEXANDRA BEAs, et aI. 21 CV380994 4. b. Provide a brief statement of the case, including any damages. (lfpersonal injuty 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.) The action arises from a multiple vehicle accident which occurred 0n the U.S. 101 freeway on September 8, 2020. Defendant Beas contends that an accident involving other vehicles, including one operated by Bianca Marquez- Franco, occurred immediately in front of her causing the alleged incident, and thus denies liability. 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 g a jury trial D a nonjury trial. (If more than one party, provide the name ofeach pariy requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. g No trial date has been set. This case will be ready for trial within 12 months ofthe date of the filing ofthe complaint (if not, explain): Evidence in the form of 911 calls suggest that one or two other vehicles were involved in the motor vehicle accident prior to Defendant Beas and may need to be added as parties to this action. c. Dates on which parties or attorneys wi|| not be available for trial (specify dates and explain reasons for unavailability): Please see Attachment "1" incorporated hereto. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 7 t0 10 days b. D hours(short causes)(specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial E by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Faxnumber: e. E-mailaddress: g. Partyrepresented: 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel D 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 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) 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 .1 1. (3) D This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-1 1o [Rem September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 American LegalNet, Inc. www‘FormsWorkFlowcom CM-11O PLAINTIFF/PETITIONER: AMY ELIZABETH WRIGHT CASE NUMBER: DEFENDANT/RESPONDENT: ALEXANDRA BEAs, et aI. 21 CV380994 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 If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties’ADR processes (check all that apply): stipulation): Mediation session not yet scheduled 1 M d, t_ g Mediation session scheduled for (date): ( ) e la Ion Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement g Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled . Neutral evaluation scheduled for (date): (3) Neutral evaluatlon D Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial D Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private D Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): Agreed t0 complete ADR session by (date): ADR completed on (date): (6) Other (specify): D DUDE DUDE DUDE DDDDDDDEDDDE CM-1 1o [Rem September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www‘FormsWorkFlowcom CM-11O PLAINTIFF/PETITIONER: AMY ELIZABETH WRIGHT cAse NUMBER: DEFENDANT/RESPONDENT: ALEXANDRA BEAs, et aI. 21 CV380994 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): 215‘ Century Insurance Co. b. Reservation of rights: g Yes D No c. D 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. D Bankruptcy D Other (specify): Status: 13. 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 (namepady): 14. 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): 15. Other motions D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. g The following discovery will be completed by the date specified (describe all anticipated discovery):m Descrigtion % Deft Alexandra Beas Written discovery 02/2022 Deft Alexandra Beas Plaintiff's deposition 03/2022 Deft Alexandra Beas Plaintiff's IME 04/2022 Deft Alexandra Beas Expert depositions Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 1o [Rem September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 American LegalNet, Inc. www.FormsWorkFlow.com CM-11O PLAINTIFF/PETITIONER: AMY ELIZABETH WRIGHT cAse NUMBER: DEFENDANT/RESPONDENT: ALEXANDRA BEAs, et aI. 21 CV380994 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 wi|| 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 X The party or parties request that the following additional matters be considered or determined at the case management conference (specify): As indicated, evidence in the form of testimony from Ms. Beas and 911 calls suggest that multiple other vehicles were involved in the alleged incident. The operator of those vehicles are not identified in the traffic collision report, and thus wi|| need to be identified and potentiallyjoined to this action. The parties require time to secure the necessary evidence so as to identify and potentiallyjoin those other parties to this action. In addition, correspondence has been received from potential plaintiff Bianca Marquez Franco, who may file a complaint. 19. Meet and confer a. g 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): Additional parties and/or counsel may yet appear in this case. b. g After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): Counsel for Beas has met and conferred with counsel for Plaintiff and ABM Industry Groups with regard to the underlying accident and the potential for other parties. Counsel have indicated that efforts must be focused upon identifying those additional potential parties. Records received from the Highway Patrol have failed to identify those parties. Further discovery and investigation will be necessary to identify and join those parties. 20. Total number of pages attached (if any): 1 | 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 wi|| 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: January 3, 2022 4 Paul W. Burke, Esq. > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) P (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-1 10 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 50f5 American LegalNet, Inc. www.FonnsWorkFlow.com MC-025 SHORT TITLE: CASE NUMBER; -AMY ELIZABETH WRIGHT vs. ALEXANDRA BEAS, et aI. 21 CV380994 ATTACHMENT (Number): "1 " (This Attachment may be used with any Judicial Council form.) Response to 6(0): Trials: 2022: 02/08/2022; 03/1 8/2022; 03/21/2022; 03/22/2022; 03/28/2022; 03/30/2022; 04/04/2022; 04/1 1/2022; 05/06/2022; 05/1 3/2022; 05/1 6/2022; 05/20/2022; 05/23/2022; 05/24/2022; 06/06/2022; 06/20/2022; 06/30/2022; 07/22/2022; 08/05/2022; 08/1 9/2022; 10/03/2022; 10/04/2022; and 10/1 7/2022. 2023: 01/25/2023 03/28/2023. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Attachment are made under penalty of perjury.) Page 1 of 1 (Add pages as required) Form Approved for Optional Use ATTACHMENT JudicialCouncilof California _ _ _ M0025 [Rem July 1. 20091 to JudICIal Council Form www.courtinfo.ca.gov American LegaINet, Inc. www.FormsWorkflow.com OQNGUI§OONA NNNNNMNNNAAAAAAAAAA “NOSUI#OONAOCDOONQUI-thAO PROOF OF SERVICE Amy Elizabeth Wright vs. Alexandra Beas, ABM Industries 21 CV380994 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, | was over 18 years of age and not a party to this action. | am employed in the County of Los Angeles, State of California. My business address is 801 South Grand Avenue, Ninth Floor, Los Angeles, CA 90017-4613. On January 3, 2022, | served true copies of the following document(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY ELECTRONIC TRANSMISSION ONLY: 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 (Covid-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 3, 2022, at Los Angeles, California. aww Carolyn Regan Dmflwmthd NNNNNNNNNAAAAAAAAAA m¥0501¥00NA°©mNmUl¥wNAO SERVICE LIST Amy Elizabeth Wright vs. Alexandra Beas, ABM Industries 21CV380994 Robert J. Filippi Attorneys for Plaintiff 7891 Westwood Drive Suite 105 Gilroy, CA 95020 Telephone: 408-842-9242 Facsimile: 408-842-9252 E-Mail: rfiliDDi@verizon.net David E. Hunter, |||, Esq. Stratman, Patterson & Hunter 505 14th Street, Ste. 400 Oakland, CA 94612 Telephone: 51 0-457-3440 Facsimile: 51 0-238-8968 E-Mail: david.2.hunter@farmersinsurance.com E-Mail: pauIa.au|man@farmersinsurance.com Scott D. Buchholz, Esq. Eric Leenerts Kathryn J. Besch Dummit, Buchholz & Trapp 101 W. Broadway, Suite 1400 San Diego, CA 92101 Telephone: 619-231-7738 Facsimile: 61 9-231 -0886 E-Mail: scott.buchholz@dbt.law E-Mail: eric.leenerts@dbt.law E-Mail: jami.northcutt@dbt.law E-Mail: jenae.wolfgramm@dbt.law E-Mail: kathrvn.besch@dbt.law Co-Counsel for Alexandra Beas Attorneys for ABM Industry Groups, LLC [DOE 1]
