Statement Case Management Conference

Cal. Super. - 6th Dist.March 25, 2021

21 CV381 1 3O Santa Clara - Civil QMeMIQ/stem A'I'I'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Marilou R. Bustonera, Esq. (SBN: 203581) Gilsleider, McMahon, Molinelli & Phan 2300 Clayton Road, Suite 430, Concord, CA 94520 TELEPHONE No.: (925) 446-31 13 FAX No. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendant JESSE HERRERA FOR COURT USE ONLY Electronically Filed County of Santa Clara, on 7/23/2021 11:37 AM Case #21 CV381 130 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Envelope: 6912669 PLAINTIFF/PETITIONER: ROY ROCHA DEFENDANT/RESPONDENT: JESSE HERRERA by Superior Court of CA, Reviewed By: System System CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 21 CV381 1 30 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 10, 2021 Time: 3:45 p.m. Dept: 19 Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Marilou R. Bustonera Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Defendant JESSE HERRERA b. E 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. E 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 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): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of ca_se a- Type Ofcase'n complaint E cross-complaint Personal Injury/Motor Vehicle Form Adopted forMandatow Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-110 [Rev. July 1, 2011] (Describe, including causes of action): Page 1 of 5 Cal. Rules of Court, rules 3720-3730 www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: ROY ROCHA ngEgs/ZBSET1 30 DEFENDANT/RESPONDENT: JESSE HERRERA 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.) Auto accident case. Defendant is conducting discovery as to plaintiff's claims of injury. Discovery is just undenNay. E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial E a nonjury trial. (lfmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready for trial within 12 months ofthe date ofthe 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3 t0 4 (eStimate) b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption CI by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:E Additional representation is described in Attachment 8. 9. PreferenceE 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 E 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: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E 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) E 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) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page20f5 CM-110 _ PLAINTIFF/PETITIONER: ROY ROCHA DEFENDANT/RESPONDENT: JESSE HERRERA CASE NUMBER: 21CV381130 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 parties’ADR stipulation): (1) Mediation DUDE Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (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 (date): (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 Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-11o [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-1 1 0 PLAINTIFF/PETITIONER: ROY ROCHA CASE NUMBER: 21 CV381 130 DEFENDANT/RESPONDENT: JESSE HERRERA 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): ProgreSSive Insurance Company b. Reservation of rights: E Yes 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 E 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 are described in Attachment 13a. b. E A motion to E consolidate E coordinate will be filed by (name party): 14. BifurcationE 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 motionsE The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Defendant JESSE HERRERA Discovery to Plaintiff Within next 60 days Defendant JESSE HERRERA PIaintist deposition Within next 90 days Defendant JESSE HERRERA Supplemental/MedicaI/IME/Other TBD Defendant JESSE HERRERA Expert discovery Per Code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-11o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: ROY ROCHA CASE NUMBER:- 21 CV381 130 DEFENDANT/RESPONDENT: JESSE HERRERA 17. Economic litigation a.E 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.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 filed (if checked, explain specifically Why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issuesE The party or parties request that the following additional matters be considered or determined at the case management conference (specify): _ _ Pending - defense counsel Just received case. 19. Meet and confer a. 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): 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 23, 2021 Marllou R. Bustonera ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATI'ORNEY)E Additional signatures are attached. CM-“O [ReV-Ju'v 1a 20111 CASE MANAGEMENT STATEMENT Pages!“ OLOOOVOUUI-bOONA NNNNNNNNNAAAAAAAAAA mNQUW-POJN-‘OCDWVOU‘I-hOONA PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss: COUNTY OF CONTRA COSTA ) | am employed in the County of Contra Costa, State 0f California, | am over the age of 18 and not a party to the within action; my business address is 2300 Clayton Road, Suite 430, Concord, CA 94520-2142. On July 23, 2021, | served the foregoing document described as CASE MANAGEMENT STATEMENT on the parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED SERVICE LIST D BY MAIL: | am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Concord, California, in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. D BY PERSONAL SERVICE: | caused such envelope to be delivered by hand to the offices of the addressee. D BY OVERNIGHT MAIL: | arranged for such envelope to be delivered to the addressees as listed on the service list. BY FACSIMILE: In addition to regular mail, | sent this document via facsimile to the numbers as listed on the service list and pursuant to CCP §1013(e). M BY ELECTRONIC SERVICE: | sent this document via electronic transmission to the offices of the addressees as listed on the service list and pursuant to CCP §1010.6. M (State)| declare under penalty of perjury under the laws of the State of California that the above is true and correct. D (Federal) | declare that | am employed in the office of a member of the bar of this court at whose direction the service was made. Kafm- m. Mg Marion E. Williams Executed on July 23, 2021, at Concord, California. 1 PROOF OF SERVICE OQOONOO‘lthA NNNNNNNNNAAAAAAAAAA meU'l-hOONAOCOWNmU‘l-POONA Jessie Serna, Esq. jessie_serna_law@|ive.com 1585 The Alameda, Suite 100 San Jose, CA 95126 (408) 294-9002/(408) 294-5827 (F) Attorney for Plaintiff ROY ROCHA SERVICE LIST 2 PROOF OF SERVICE