Statement Case Management ConferenceCal. Super. - 6th Dist.March 25, 202121 CV381 1 26 Santa Clara - Civil Syscmsvmm ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Nolan S . Armstrong/Lori K. Komshian 241311/320634 Electronically Filed McNamara Law Flrm . 3480 Buskirk Avenue, Suite 25 O by SUpenor court Of CA’ Pleasant Hill, CA 94523 C°unty °f santa Clara! TELEPHONEN0.: (925) 939 -533O FAXNo.(0ptiona/): (925) 939 - 0203 on 7/22/2021 3:20 PM E-MAILADDREss (Optional).- nolan . arms trong@mcnamaralaw . com REViewed By: System System ATTORNEY FOR (Name): Def Chri S tOpher Hernandez Case #21 CV381 126 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 6906653 STREETADDRESS: l9]. North First Street MAILING ADDRESS: CITYANDZIPCODE: San JOSE, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: State Farm Mutual Automobile Insurance DEFENDANT/RESPONDENT: Christopher Hernandez CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): fl UNLIMITED CASE D LIMITED CASE 2 1CV3 8 1 12 6 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August lO , 2 02 l Time: 3 : 4 5 pm Dept.: 19 Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Lori K . Komshian INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): Defendant Chris topher Hernandez 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 A|| 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 the date by which they may be served): 4. Description of case a. Type of case in m complaint D cross-complaint (Describe, including causes of action): Subrogation Page 1 of 5 Form Adopted for Mandatory Use , . Cal. Rules of Court, Judicial Council of California C-EB Essentlal CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 10 [Rev. July 1, 201 1] “ham EFoms- www.coun‘s.ca.gov CM-11O DEFENDANT/RESPONDENT: Chri s topher Hernandez PLAINTIFF/PETITIONEREState Farm Mutual Automobile Insurance CASE NUMBER: 21CV381126 4. b. Provide a brief statement of the case, including any damages. (prersonal 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 subrogation action arises out of a motor vehicle accident, Which took place 0n July 30, 2020 in Morgan Hill, California. State Farm seeks recovery for vehicle damage in the amount 0f $28,478. 19. 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 m a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been set for (date): b. D 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 wi|| not be available for trial (specify dates and explain reasons for unavailability): Please see attached trial calendar. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. m days (specify number): 4 - 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 m 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. PreferenceD 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 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 seIf-represented parties: 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 of 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) m 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): Damages in dispute. CM-Ho [Rem July 1, 20111 CASE MANAGEMENT STATEMENT Page 2 of 5 ' Essential CM-11O PLAINTIFF/PETITIONER28tate Farm Mutual Automobile Insurance DEFENDANT/RESPONDENT: Chri s topher Hernandez CASE NUMBER: 21CV381126 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 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 pan‘ies'ADR stipulation): m Mediation session not yet scheduled D Mediation session scheduled for (date): (1) Mediation E D Agreed to complete mediation by (date): D Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement m D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled (3) Neutral evaluation D D Neutral evaluation scheduled for (date):D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-11o [Rev. July 1, 201 1] CEB‘ Essential ceb.com Em- CASE MANAGEMENT STATEMENT Page 3 of 5 CM-11O DEFENDANT/RESPONDENT: Chri s topher Hernandez PLAINTIFF/PETITIONER:State Farm Mutual Automobile Insurance CASENUMBER: 21CV381126 11. 12. 13. 14. 15. 16. Insurance a. m Insurance carrier, if any, for party filing this statement (name): USAA b. Reservation of rights: D Yes m No c. D Coverage issues will 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 A motion to D consolidate D coordinate wi|| befiled by (name party): BifurcationD 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 motionsD The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Discovery a. D The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovery): PaJt Descrigtion m Defendant Hernandez Written discovery Fall 2021 Defendant Hernandez Depositions of parties Winter 2022 Defendant Hernanez Expert discovery Per code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-Ho [Rem July 1, 20111 CASE MANAGEMENT STATEMENT Page 4 of 5 CEB' ceb.com Essential E Forms- CM-1 10 PLAINTIFF/PETITIONER: State Farm Mutual Automobile Insurance CASE NUMBER: 2 1CV3 8 l l 2 6 DEFENDANT/RESPONDENT: Christopher Hernandez 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 will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issuesD The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. m 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): Settlement discussions are ongoing . 20. Total number of pages attached (if any): _2- | 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 i, 2021 g a , (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) b (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-HO [ReV-July 1,2011] CASE MANAGEMENT STATEMENT Pagesofs CEB' Essential cebmm Em- NSA TRIAL, MEDIATION, ARBITRATION & SETTLEMENT/ISSUE CONFERENCE CALENDAR July 2021 21 ‘ 10:00l Castillo v. Youngblood August 2021 I Mediation with Vivien Williamson, Zoom 3 9:30 Wright-Turbin v. Lewis MSC, Alameda, Dept. 301 3 1:30 Manolakas v. USAA Mediation With Mike Ney, Esq., Zoom 4 10:00 Melara v. Velis Mediation with Vivien Williamson, Zoom 5 9:00 State Farm v. Murphy/Stein MSC, Alameda, Dept. 303 13 8:30 Miller v. Gomez MSC, Placer, Dept. TBD 19 9:00 Davies v. USAA Arbitration With Judge Richard Hodge, Zoom 20 8:30 Miller v. Gomez Trial Conference, Placer, Dept. 42 20 10:00 Bullis v. Hayhurst Mediation - HOLD - Time TBD 20 1:30 Paster v. Handy Pre-Trial Conference, Alameda, Dept. 517 24 10:00 Kuniyoshi v. Barram Mediation with Richard Williams, Esq., Zoom 30 8:30 Paster v. Handy Trial, Alameda, Dept. 517 September 2021 3 1:30 Wright-Turbin V. Lewis PTC, Alameda, Dept. 517 13 8:30 Wright-Turbin v. Lewis Trial, Alameda, Dept. 517 20 8:30 State Farm V. Stein/Murphy Trial, Alameda, Dept. 22 22 9:30 Aiken v. Blagg Mediation With Jeane Struck, Esq., Zoom 24 8:30 Millhouse v. Winter Trial, Sonoma, Dept. 19 27 9:30 Plaut V. Lai Trial, SF, Dept. 206 October 2021 7,8 NSA VACATION 12 9:30 Melara v. Velis Trial, SF, Dept. 206 13 10:00 Trasvina v. Dewitt Mediation With Vivien Williamson, Esq. - HOLD 21 9:30 Hamedani v. Tran Mediation with Matt Conant, Esq., Zoom 22 1:30 Perez de Jiminez v. City 0f King MSC, Monterey, Dept. 15 November 2021 1 9:30 Noriega v. Bolanos Trial, SF, Dept. 206 9 9:00 Perez de Jiminez v. City 0f King Trial, Monterey, Dept. 15 15 9:30 Boudreaux v. Hwe Trial, SF, Dept. 206 18 - 19 NSA VACATION 22 - 26 NSA VACATION (& Thanksgiving holiday) December 2021 6 2:00 Torres V. Mitchell MSC, Alameda, Dept. 303 20 9:00 Garon V. USAA Arbitration with Judge Hight, Zoom 20 - 31 NSA VACATION January 2022 3 - 7 NSA VACATION 10 9:30 Liu V. Lee Trial, SF, Dept. 206 14 8:30 Torres v. Mitchell Trial Readiness Conference, Alameda, Dept. 6 24 8:30 Torres V. Mitchell Trial, Alameda, Dept. 6 26 9:00 Bowers V. Kitt MSC, Alameda SC - Dept. 302 27 4:00 Myers v. Pool MSC, Humboldt, Dept. 4 31 9:30 Trasvina v. Dewitt Trial, SF, Dept. 206 Februar 2022 7 9:30 Chaney V. Shu Trial, SF, Dept. 206 14 10:00 Singh v. Parris MSC, Stanislaus, Dept. 23 18 8:30 Durst v. Sebrasky MSC, Placer, Jury Services 18 8:30 Durst v. Sebrasky Pre-Trial Conference, Placer, Dept. 42 18 10:00 Bowers v. Kitt Trial, Alameda SC - Dept. 520 22 10:00 Bullis v. Hayhurst MSC, Nevada, Dept. 6 28 9:00 Durst v. Sebrasky Trial, Placer, Dept. 40 28 9:30 Mary v. Fitzsimons Trial, SF, Dept. 206 March 2022 1 9:30 Singh v. Parris Trial, Stanislaus, Dept. 23 4 11:00 Bullis v. Hayhurst PTC, Nevada, Dept. 6 15 9:00 Bullis v. Hayhurst Trial, Nevada, Dept. 6 25 1:45 Myers v. Pool Trial Readiness Conference, Humboldt, Dept. 4 28 8:30 Myers v. Pool Trial, Humboldt, Dept. 4 April 2022 1 9:00 Hefner V. Raschko MSC, Alameda, Dept. 302 4 - 8 NSA Vacation 22 10:00 Hefner V. Raschko Trial, Alameda, Dept. 520 26 9:00 Gonzalez V. Lai MSC, Alameda, Dept. 303 May 2022 16 3:00 Gonzalez V. Lai Trial Readiness Conference, Alameda, Dept. 20 23 8:30 Gonzalez V. Lai Trial, Alameda, Dept. 20 23 - 27 NSA VACATION 30 NSA VACATION June 2022 6 9:30 Taylor v. Giatrakis Trial, SF, Dept. 206 9 9:00 Leo v. Ramirez MSC, Alameda, Dept. 302 13 9:30 Sanchez-Carranza v. Wu Trial, SF, Dept. 206 14 9:00 El Bazi v. Sukhminder MSC, Alameda, Dept. 303 17 2:00 Leo v. Ramirez PTC, Alameda, Dept. 19 24 9:00 Leo v. Ramirez Trial, Alameda, Dept. 19 July 2022 \ 8 \ 10:00 | E1 Bazi v. Sukhminder | Trial/PTC, Alameda, Dept. 521 August 2022 17 9:00 Bryant v. Murphy MSC, Alameda, Dept. 301 24 9:00 Schlageter v. Mael MSC, Alameda, Dept. 301 26 11:00 Bryant v. Murphy Pre-Trial Conference, Alameda, Dept. 25 September 2022 12 9:00 Bryant v. Murphy Trial, Alameda, Dept. 25 16 10:00 Schlageter V. Mael Trial, Alameda, Dept. 520 October 2022 3 9:00 Johnson v. Buitrago MSC, Alameda, Dept. 302 13 11:00 Johnson v. Buitrago Pre-Trial Conference, Alameda, Dept. 25 31 9:30 Johnson v. Buitrago Trial, Alameda, Dept. 25 Updated: 7/21/2021 McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP ATTORNEYS AT LAW 3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523 TELEPHONE: (925) 939-5330 UI-hbJN \OOO\IO\ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE 0F SERVICE VIA E-MAIL Ihereby declare that I am over the age of eighteen years, and not a party to the within action. My electronic notification address is: rose.ortiz@mcnamaralaw.com. On this date, I electronically served the foregoing CASE MANAGEMENT STATEMENT only by e-mailing the document(s) to the persons at the e-mail address(es) listed based on notice provided on June 23, 2021, that during the Coronavirus (Covid-19) pandemic, this office will be working remotely, not able t0 send physical mail as usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccessfiJI was received within a reasonable time after the transmission. Attorneys For PLAINTIFF: Richard L. Mahfouz, II, Esq. Clerkin, Sinclair & Mahfouz, LLP 530 B Street, 8th Floor San Diego, CA 92101 Phone: 619-308-6550 Fax: 6 1 9-923-3 143 E-Mail: rlmahfouz@clerkinlaw.com; california.legal@clerkinlaw.com I declare under penalty ofperjury under the laws ofthe State ofCalifornia that the foregoing is true and correct and that this declaration was executed on July 22, 2021 at Pleasant Hill,3% ROSE MUNOZ ORTIZ California.
