Statement Case Management Conference

Cal. Super. - 6th Dist.March 26, 2021

21 CV381 332 Santa Clara - Civil Sysemfimwm ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Sasha Farahi , Esq . [SBN 3 02 912] Electronically Filed BANAFSHEH DANESH & JAVID, PC - 9701 Wilshire Blvd. 12th Floor by S”pe"°r cw” °f CA’ Beverly Hills , California 90212 county Of santa Clara’ TELEPHONEN0.: (310) 887-1818 FAXN0.(Optiona/): (310) 887-1880 on 7/29/2021 2:57 PM E-MAILADDRESS(Optiona/): ssm@bhatt0rneys . com RGViewed By: SYStem SYStem ATTORNEY FOR (Name): Plaint i ff case #21 CV381 332 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 6952356 STREETADDRESS: l9]. North First St . MAILINGADDRESS: l9]. North First St . CITYANDZIPCODE: San Jose, CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE PLAINTIFF/PETITIONER: Brandy Acevedo , an individual DEFENDANT/RESPONDENT: Megan Lizenberry, et al. CASE MANAGEMENT STATEMENT CASE NUMBER; (Check one): D UNLIMITED CASE D LIMITED CASE 2 1CV3 8 1 3 32 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 3 , 2 02 l Time: 2 : 15pm Dept.: O 7 Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Sasha Farahi , Esq . INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Brandy Acevedo 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 2 6 , 2 02 1 b. D The cross-complaint, if any, was filed on (date): 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. m The following parties named in the complaint or cross-complaint (1) m have not been served (specify names and explain why not): Defendants have not been served. (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): Motor vehicle collision with injuries sustained by Plaintiff. Page 1 of 5 Form Ado ted for Mandatory Use , . Cal. Rules of Court, JudiciaFCounciI of California C-EB Essentlal CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 1O [Rev. July 1, 201 1] “ham EFoms- www.courts.ca.gov Acevedo, Brandy CM-110 DEFENDANT/RESPONDENT: Megan Lizenberry, an individual, et al PLAINTIFF/PETITIONER:Brandy Acevedo, an individual CASENUMBER; 21CV381332 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.) On 0r about October 1, 2018, Plaintifi‘ Brandy Acevedo was in her vehicle in a parking lot near 1600 Saratoga Avenue in the city 0f San Jose, California, When a vehicle driven by Defendant Megan Lizenberry, Who was reversing her vehicle failed t0 keep a lookout for other vehicles When she proceeded t0 back up her vehcile, failed t0 stop and struck Plainitiff, resulting in injuries and damages t0 Plaintifi‘.D (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 E 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. D The trial has been set for (date): b. m No trial date has been set. This case wi|| be ready for trial within 12 months ofthe date ofthe filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys wi|| 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. D days (specify number): b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial D 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 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 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 mandatoryjudicial 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) 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-110 [Rev. July 1, 20111 CASE MANAGEMENT STATEMENT Pagezofs ' Essential SEE. EM“ Acevedo , Brandy CM-110 PLAINTIFF/PETITIONER:Brandy Acevedo , DEFENDANT/RESPONDENT: Megan Lizenberry, an individual, et al an individual CASE NUMBER: 21CV381332 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 D Mediation session not yet scheduled D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation completed on (date): (2) Settlement conference D Settlement conference not yet scheduled D Settlement conference scheduled for (date): D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): (3) Neutral evaluation D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration D Judicial arbitration not yet scheduled D Judicial arbitration scheduled for (date): D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): (5) Binding private arbitration D Private arbitration not yet scheduled D Private arbitration scheduled for (date): D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): (6) Other (specify): D ADR session not yet scheduled 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 0f 5 Acevedo, Brandy CM-110 DEFENDANT/RESPONDENT: Megan Lizenberry, an individual, et al. PLAINTIFF/PETITIONER:Brandy Acevedo, an individual CASENUMBER; 21CV381332 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D 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 A motion to D consolidate D coordinate wi|| be filed by (name party): 14. 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): 15. Other motionsD The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. D The following discovery wi|| be completed by the date specified (describe all anticipated discovery):m mm % c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 20111 CASE MANAGEMENT STATEMENT Page4of5 CEB‘ Essential cencom EM“ Acevedo , Brandy CM-110 PLAINTIFF/PETITIONER:Brandy Acevedo, an individual CASENUMBER; 21CV381332 DEFENDANT/RESPONDENT: Megan Lizenberry, an individual, et al. 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. D The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (ifany):- | 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 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: July 29, 2021 Sasha Farahi, Esq. ’ (TYPE OR PRINT NAME) (SIGQPITURE OF PARTY OR A'I'I'ORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR A'I'I'ORNEY) D Additional signatures are attached. CM-110 [Rev. July 1, 20111 CASE MANAGEMENT STATEMENT PageSofs CEB‘ Essential ceb.com Em- Acevedo, Brandy