Statement Case Management Conference

Cal. Super. - 6th Dist.March 24, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/23/2021 10:01 AM Reviewed By: System System Case #21CV381076 Envelope: 6911327 21CV381076 Santa Clara - Civil System SystemCM-1 10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale Bar number. and addrass): FOR COURT USE ONLY Alfred L. Whitehurst, Esq. SBNI 1 16561 LINNEMAN LAW, LLP 654 K Street; P.O. Box 1364 Los Banos, CA 93635 TELEPHONE No.: 209-826-491 1 FAX N0. (Opfionaf)=209-826-4765 EMAIL ADDRESS (epubnar): ATTORNEY FOR (Name): Plaintiff, Gerald Chavez SUPERIOR COURT 0F CALIFORNIA, COUNTY OFSANTA CLARA STREH ADDRESS: 191 North First Street MAILSNG ADDRESS: 1 91 North First Street CITY AND ZIP CODE: San Jose, 951 I3 BRANCH NAME Downtown Superior Court PLAINTIFF/F’ETlTFONER: Gerald Chavez DEFENDANTIRESPONDENT: Arturo John Basufio, Jr. and Sanco Pipeline, Inc. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): EX] UNLIMITED CASE [:1 LIMITED CASE 210881076 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: DatezAugust 3, 2021 Timei2:15 am. Dept.:7 Div; Room: Address of court (if different from the address above): E] Notice of Intent to Appear by Teiephone, by (name):Jeremiah J. Toscano, Esq. ENSTRUCTIONS: All applicable boxes must be checked. and the specified information must be provided. 1. Party or parties (answer one): a. - This statement'rs submitted by party (name):Gera1d Chavez b. E This statement Es submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complamants only) a. The complaint was filed on (date). March 24, 2021 . . b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a E All parties named In the complaint and cross-complaint have been sewed have appeared or have been dismissed b, m The following parties named'In the comptaint or cross-complaint ' ' (1) m have not been served (specify names and explain why not): Arturo John B__a__surto, Jr. and Sanco Pipelines, Inc. (2) E have been served but have not appeared and have not been dismissed_(s_p__ecify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofinvolvementin case, and date by which they may be served): 4. Description of case a. Type of case in - complaint a cross-complaint (Describe, including causes of action): Auto collision personal'mjury Page 1 of 5 FOIm Adopted for Mandatory Use Cal. Rules of Court. Judicial Council o! California CA3E MANAGEMENT STATEMENT rules 3120-3730 CM-1 1D [Rev. July 1 , 2011] www.caurls.m.gov Wesuaw Doc 3: Form Builder ClVI-‘HO DEFENDANT/RESPONDENTI Aimro John Basm'to, )1: and Sanco Pipeline, Inc. CASE NUMBER: PLAINTIFF/PETETEONERI Gerald Chavez 21CV381076 4. b. Provide a brief statement of the case, including any damages. (/fpersona/ Injury damages are sought, specify the injwy 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.) MedicaE bills t0 dale total $4,520.00; adjusted medicals total $1 ,73742 E (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 E ajury trial a nonjury triai. (/fmore than one pany, provide the name ofeach party requesting ajury trial): Trial date a. C: The trial has been set for (date): b. m No triaE date has been set. This case wilt be ready for trial within 12 months ofthe date ofthe filing ofthe compiaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (special dates and explain reasons for unavailability): Estimated length of trial ‘ The party or parties estimate that the trial will take (Check one): ‘ a. m days (specify number).’TWO ‘ b. m hours (shortcauses) (specify): ‘ Trial representation (to be answered for each pany) j The party 0r parties will be represented at trial E by the attorney or party listed in the caption D by the foliowing: E a4 Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:a Additional representation is described in Attachment 8‘ PreferenceE This case Es 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 aboutthe processes availabie through the court and community programs in this case. (1) For parties represented by counsel: Counsel [:3 has has not provided the ADR information package identified in rule 3221 t0 the Client 8nd r8VieW8d ADR Options Wlth the Chent. Counsel has covered ADR options Vvith Plaintiff (2) For seff~represented parties: Party El has [:3 has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial arbitration or civil action mediation (if available). (1) :3 This matter is subjectto mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 orto civil action mediation under Code of CiviI Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civi! Procedure section 1141.1 1. (3) E This case is exempt from judicial arbitration under rule 3.811 0fthe Caiifomia Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM~110IRW July 1-2011] CASE MANAGEMENT STATEMENT mews CM~110 PLAINTEFF/PETfTIONERI Gerald Chavez DEFENDANT/RESPONDENT:Arturo John Basurto, J2: and Sauce Pipeline, Inc, CASE NUMBER: 21CV381076 10. c. Indicate the ADR process or processes that the party 0r parties are willing to participate in, have agreed to participate in, or have already participated in (check al/ that apply and provide the specified information): The party or parties compieting this fOKm are wiliing to participate in the following ADR processes (check all that apply): Efthe party or parties completing this form in the case have agreed to participate in 0r have already completed an ADR process or processes, indicate the status of the processes (attach a copy ofthe parties‘ADR stipulation): (1) Mediation DUDE Mediation session not yet schedufed Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference DUDE Settlement conference not yet scheduted Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settiement conference completed on (date): Neutral evaluation not yet scheduled arbitration DUDE [j Neutral evaluation scheduled for (date): (3) Neutral evaluation E Agreed t0 complete neutral evaluation by (date): E Nquai evaluation compieted on (date): Judicial arbitration not yet scheduled (4) Nonbmdmg judiciai Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed 0n (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed t0 complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to compiete ADR session by (date): ADR completed on (date): CM-110 [Rem Juky 1, 20H] Page 30f5 CASE MANAGEMENT STATEMENT CM-110 PLAI NTIFF/PETIT10NER'Gemld Chavez CASE NUMBER: 2 1 CV381076 DEFENDANT/RESPONDENTArturo John Basurto, Jr. and Sanco Pipeline‘ Inc. 11. Insurance a. E Insurance carrier, if any. for party filing this statement (name): b. Reservation of rights: E] Yes E No c. E 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.E Bankruptcy E3 Other (specify): Status: 13. Related cases, consolidation, and coordination a, E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: )(3 Case number: (4) Status:E Additional cases ale described in Attachment 133. b. E A motion to E COHSOlidate E3 coordinate wiil be flied by (name party): 14. BifurcationE The party or parties intend to fife a motion for an order bifurcatingl severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motionsE The party 0r parties expect to file the foilowing motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. S The party or parties have completed all discovery. b. m The following discovery will be completed by the date specified (describe all anticipated discovery): Ea_n\£ Descri Qtion gag Plaintiff Form Inten‘ogatories Not Yet Set Plaintiff Production 0f Documents Not Yet Set Plaintiff Deposition Not Yet Set C. E The following discovery issues, inciuding issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OlRev-MW“ CASE MANAGEMENT STATEMENT P6994“ CM-11O PLAINTIFF/PETITIONER:Gerald Chavez CASE NUMBER: - 21CV381076 DEFENDANTIRESPONDENT: Arturo John Basuflo, Jr. and Sanco Pipeline, Inc. 17. Economic litigation a.E This is a limited civil case (E.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.E This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be flied (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issuesm The party or parties request that the following additiona! matters be considered or determined at the case management conference (speciM: Plaintiffrespectfully requests a 60 day continuance OfIhe CMC to conclude settlement negotiations, which counsel believes t0 be reasonably likely to conclude this case. 19. Meet and confer a,D The party 0r parties have met and conferred with aH parties on all subjects required by rule 3.724 ofthe Caiifornia Rules of Court (ifnot, explain): b. After meeting and conferring as required by ruie 3.724 of the California Rules of Court, the parties agree on the following (Specify): 20. Total number of pages attached (ifany):0 | 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 t0 enter into stipulations on these issues at the time of the case management conference, including the written authority ofthe party where re uired. Date: July fly, 2021 Alfred L. Whitehurst, Esq. ’ A (TYPE OR PRINT NAME) V (SIGNATURE OF PARTY OR ATTORNEY) i (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additionai signatures are attached. CM-HOlRevvJUM- 20W CASE MANAGEMENT STATEMENT P3965“