Statement Case Management ConferenceCal. Super. - 6th Dist.March 26, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/3/2021 12:54 PM Reviewed By: System System Case #21CV381409 Envelope: 6985137 21CV381409 Santa Clara - Civil System System CM-1 10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address): FOR COURT USE ONLY Garry Barbadillo, Esq. Law Offices of Garry Barbadillo 16 Corning Ave.. Ste. 136 Milpitas, Ca 95035 E-MAIL ADDRESS (Optional) garrybarbadillo@gmail.com TELEPHONE No. (408) 91 7-9846 FAX No, (Optional; (408) 91 7-9867 ATrORNEY FOR (Name): Hai Bang Thai SUPERIOR COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA STREET Aooness‘ 191 N First Street MAILING ADDRESS 191 N First Street CITY AND ZIP CODE San Jose, Ca 951 13 BRANCH NAME DEFENDANT/RESPONDENT; Hai Bang Thai PLAINTIFF/PETITIONER: Alexuz Linh Pham CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE E LIMITED CASE 21CV3381409 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 3, 2021 Time: 2:15pm Dept 7 Div.: Room: Address of court (if different from the address above): ‘E Notice of Intent to Appear by Telephone, by (name): 4. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. . Party or parties (answer one): a. E This statement is submitted by party (name): Hai Bang Thai b. D This statement is submitted jointly by parties (names): 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): Service (to be answered by plaintiffs and cross-complainants only) a. D AII parties named in the complaint and cross-complaint have been sewed. 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): Description of case a. Type of case in E complaint E cross-complaint (Describe, including causes of action): Breach of oral contract. Page 1 of 5 Form Adopted for Mandatory Use Calv Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 1720-3730 CM-110 [Rev. July 1, 2011] wwwcoutts cagov CM-1 10 PLAINTIFF/PETITIONER: Alexuz Linh Pham CASE NUMBER: DEFENDANT/RESPONDENT: Hai Bang Thai 21CV3381409 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, spegify 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.) E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties requestE a jury trial E a nonjury trial. (Ifmore than one party, provide the name of each party requesting a jury tn'al): 6. Trial date a. E Thetrial has been set for (date): b. E No trial date has been set. This case will 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 will not be available for trial (specify dates and explain reasons for unavailability): 008/04/21 , 08/1 1/21 , 08/1 9/21 , 08/30/21 , 09/08/21 , 09/28/21 , 10/05/21 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 1-2 days b. E 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 E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress: g. Partyrepresented: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 E 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: Party E 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 mandatory judicial 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)E 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): ”“1““ “y " 2°11] CASE MANAGEMENT STATEMENT “9”“ CM-110 PLAINTIFF/PETITIONER: Alexuz Linh Pham DEFENDANT/RESPONDENT: Hai Bang Thai CASE NUMBER: 2 1 CV338 1409 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): E Mediation session not yet scheduledE Mediation session scheduled for (date): 1 Med'at' E( ) I Ion E Agreed to complete mediation by (date):E Mediation completed on (date): E Settlement conference not yet scheduled (2) Settlement E E Settlement conference scheduled for(date): conference E Agreed to complete settlement conference by (date):E Settlement conference completed on (date): E Neutral evaluation not yet scheduled l Neutral evaluation scheduied for date : (3) Neutral evaluation E ( . >E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbindmg judicial E E Judicial arbitration scheduled for (date): arbitration E Agreed to completejudicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): D ADR session not yet scheduled ADR session sch d I df d t : (6) Other (specify): E E e ue 0r ( a e)E Agreed to complete ADR session by (date):D ADR completed on (date): CM-1 10 [Rev July 1, 201 1] CASE MANAGEMENT STATEMENT Pageants CM-110 PLAINTIFF/PETITIONER: Alexuz Linh Pham CASE NUMBER: DEFENDANT/RESPONDENT: Hai Bang Thai 21CV3381409 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes E 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. 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:D Additional cases are described in Attachment 13a. b. E A motion to D consolidate E coordinate will 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 motions E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovery): Pam Description Date Defendant TBD c. E The following discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): CM-1 10 [Rev July 1, 201 1] CASE MANAGEMENT STATEMENT Paseaors CM-1 10 PLAINTIFF/PETITIONER: Alexuz Linh Pham CASE NUMBER: 21 CV3381409 DEFENDANT/RESPONDENT: Hai Bang Thai 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. civil case and a motion to withdraw the case from the economic litigation procedures or for additional b. E This is a limited filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial discovery will be 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): 19. Meet and confer a. E The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the Ca|ifornia Rules of Court (if not, explain): b. D After meeting and conferring as required by rule 3.724 of the Ca|ifornia Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): | 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: X/g/la («/1 I" Garry Barbadillo,Esq. ’ ‘‘‘‘‘‘ f, I/r (s fUWARTYORATT NEY) L (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)(TYPE OR PRINT NAME) E Additional signatures are attached. Page 5 of 5 CASE MANAGEMENT STATEMENTCM-1 10 [Rev. July 1, 201 1]
