Statement Case Management ConferenceCal. Super. - 6th Dist.March 26, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/21/2021 11:03 AM Reviewed By: System System Case #21CV381411 Envelope: 6893520 21CV381411 Santa Clara - Civil System SystemCM-‘HO ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, andaddressj: FOR COURT USE ONLY David F. Makkabi, (249825} Neil J. Berry (SBN 189926) Makkabi Law Group, A Professional Corporation 9454 Wilshire Boulevard. Suite 900, Bevedy Hills. CA 90212 TELEPHONE N0; (310) 887-8000 FAX NO- (Optionaflrf31 U) 837-8001 E-MAILADDRESS (Optional): info@makkabilaw.com ATTORNEY FORrNameJ: Plaintiff, Rebeka Sinai Benitez SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: same C'TY AND Z'F' CODE San Jose. CA 951 13 BRANCH “AME Santa Clara Superior Court PLAINTIFFIPETITIONER: Rebeka Sinai Benitez DEFENDANTIRESPONDENT: Dan Yang, et al CASE MANAGEMENT STATEMENT CASE NuMBER: (Check one): m UNLIMITED CASE E LIMITED CASE 21 CV38141 1 (Amount demanded {Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled a5 follows: Date: 08(032'2021 Time: 3:00 PM Dept: 20 Div; Room: Address of court (If difierenf from the address above): Notice of Intent to Appear by Telephone, by {name}: Neil Berry, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties {answer one): a. This statement i5 submitted by party (name): Plaintiff. Rebeka Sinai Benitez b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by pfafntm's and cross-compfainants only) a. The complaint was filed on (dare): 03i26i2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-compfafnants only) a. E All parties named in the complaint and cross-oornplaint 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 sewed (specify names and expiain why not): (2) m have been served but have not appeared and have not been dismissed (specifi/ names): Dan Yang. and individual, Hui Yang. an individual (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature of invoivement in case, and date by which they may be served): 4. Description of cage a- TYPE 0f case In complaint E cross~oomplaint (Describe, indmmg causes of action): Complaint for Damages (Negligence) P3391015 Farm Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rates of Conn. Judicial Counu'l 01‘ California rules 3.?20-3330 CM-11O [Rem July 1, 2011] mmm.aa.gov CM-110 PLAINTIFFIPETITIONER; Rebeka Sinai Benitez CASENUMBER_ 21CV381411 DEFENDANTIRESPONDENT; Dan Yang. et aI 4. b. Provide a brief statement of the case, including any damages. (prersonai injury damages are sought, specify the injury and damages claimed, indudr'ng medical! expenses to date {indicate source and amounfl, estimated future medical expenses, fast earnings to date, and estimated future lost earnings. If equitabfe relief i5 sought, describe the nature of the relief.) This case arises out of a rear-end motor vehicle accident on August 5, 2017, wherein Plaintiffs suffered injuries. Plaintiffs‘ injuries and medical expenses to date are listed in Attachment 4b. m {Ifmore space is needed, check this box and aflach a page designated as Anammenr 4b.) 5. Jury or nonjury trial The party or panies request a jury tn'al E a nonjury triai. (Ifmore than one pan‘y, provide the name of each party requesting a jury triaf): 6. Trial date a. E The trial has been set for (date): b. No tn‘al date has been set. This case will be ready for tn‘al within 12 months of the date of the filing of the complaint (ff nor, exprain): c. Dates on which parties or attorneys will not be available for trial {specify dates and exprain reasons for unavailability): See Attachment 6(0). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days {specify number): Three (3) ' five (5) days b. :I hours (short causes) (specifix): 3. Trial representation (to be answered for each party) The party or parties will be represented at trial E by the attomey or party listed in the caption m by the following: a. Attorney: Neil J. Berry b Firm: Makkabi Law Group c Address: 9454 Wilshire Blvd., Ste. 900 d. Telephone number: (310) 887-8000 f_ Fax number; (310) 887-8001 e E-mail address: nberry@makkabilaw.com g. party represented; plaintiffE Additional representation is described in Attachment B. 9. PreferenceE This case is entitled to preference (specffi/ code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities: react 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 patties 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) [j This_m_atter is sub'ect to ma_n_datoryjudicial arbitration under Code of Civil Progedure seciion 1141.11 or to civil action medlahon under ode of CMI 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 i5 exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-WIRWW W"! CASE MANAGEMENT STATEMENT Pwm CM-110 _ PLAINTIFFIPETITIONER: Rebeka Sinai Benitez DEFENDANTIRESPONDENT: Dan Yang, et al case NUMBE R: 2 1 CV38 14 1 1 10. c. Indicate the ADR process or processes fl1at the party or parties are willing to participate in, have agreeci to participate in, or have already patticipated in {check a}! that apply and provide the specified infomaffon): The patty or parties completing this form are willing to paflicipate in the following ADR processes (check 3H that apply): Ifthe 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 stipm'afion): E (1) Mediation 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 n01 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): Pn'vate arbitration not yet scheduled DUDE DUDE DUDE DUDE DUDE DUDE (5) Binding private E Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session r101 yet scheduled _ ‘ E ADR session scheduled for (date): (6) Other (spearfir). Agreed to complete ADR session by (date): ADR completed on (date): CM-1‘10 [Rent July 1, 2011] CASE MANAGEMENT STATEMENT Pageaofs cm PLAINTIFHPETITIONER: Rebeka Sinai Benitez CASE NUMBER: 21CV38141 1 DEFENDANTIRESPONDENT: Dan Yang, et al 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes m No c. E Coverage issues will significantly affect resolution of this case (expfafn): 12. Jurisdiction Indicate any matters that may affect the court‘s jurisdiction or processing of this case and describe the status.E Bankrupicy E Other (specifix): Status: 13. Related cases, consolidation, and coordination a_ [:| 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. D Amofionto D consolidate D coordinate winbefiled byrnameparry): 14. BifurcationE The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of aciion (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 pany, type ofmotfon, 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 at! anticipated discovery): Pam Description Daie Plaintiff Written Discovery 03.32022 Plaintiff Depositions 03.32022 Plaintiff Expert Discovery Per Code c‘ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (Special): 3M4m [Raul July 1. 201 1] CASE MANAGEMENT STATEMENT Pan“ ofs cM-no PLAINTIFFIPETITIONER: Rebeka Sinai Benitez CASE NUMBER:- 21CV381411 DEFENDANTIRESPONDENT: Dan Yang. et a' 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 QD»98 will apply to this case. b.D This is a limited civil case and a motion to withdraw the nse from the economic litigation procedures or for additional discovery will be filed (ff checked, expfafn specificafly why economic litigation procedures refatfng to discovery or trial shouid not apply to this case): 18. Other issuesE The pany or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. The party or parties have met and conferred with all parties on aii subjects required by rule 3.724 of the California Rules of Court (if not, expfar'n): b. After meeting and oonfem‘ng as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specific: 20. Total number of pages attachad (If any): 2 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as oiher 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 20, 2021 M43 Neil Berry. Esq. } ‘52 {TYPE OR PRINT NAME} {SIGNATURE 0F PARTY OR ATTORNEY) > {TYPE OR PRINT NAME) {SIGNATURE 0F PARTY 0R ATTORNEY)E Additional signatures are attached. ““10 IR“ “V 1' 2°11] CASE MANAGEMENT STATEMENT ”9° 5°” MC-DZS SHORT TITLE: CASE NUMBER:_ Benitez v. Yang et a1. 21CV381411 ATrACHMENT (Number); 6 go} {This Attachment may be used with any Judfar'a! Councfl form.) Plaintiff‘s counsel has trial scheduled in other matters and is therefore unavailable 0n the following dates: 2021 August - 2, 30 September - 13,15 October - 1, 21 November - 1,8, 15 ,29 December- 10, 13, 14, 16, 27 2022 January - 5, 31 February - 22, 23 March - 8, 9, 29, April - 12, 25 May - 3, 19 June - 6, 10, 1'? July - 5, 7 August - 1, 3, 22 September - ”f, 8, 28 October - 31 November - 7, 8, 28 2023 January - 30 April - 28 (if the item that this Attachment concerns is made under penafry ofpedury, ail statements in this Page l of l Attachment are made under penalty ofperjury.) (Add pages as required} Farm Approved for Optional Use A'rrAcHMENT m.courfinfo.oa.gov Judbcia1CounciloiCalifomia _ _ . moozslfievJquJuos) to Judicial Councn Form MC-DZS SHORT TITLE:_ Benitez v. Yang et a1. CASE NUMBER: 21CV381411 Ambulance O‘Conner Hospital Justin Lo, M.D. Massoud Nassiri, M.D. Chuong Le, MD. Silver Creek Radiology Vibrant Care Reekesh Donthineni, M.D. Insight Imaging Allied Pain and Spine Inst. Fernando Miranda, M.D. TOTAL: (if the item that this Attachment concerns is made under penafry ofpedury, ail statements in this Attachment are made under penalty ofperjury.) Farm Approved for Optional Use Judbcia1 Council oi California M0025 [Rem July 1, 2009] ATTACHMENT (Numbeo: 4 {b} ATI'ACHMENT to Judicial Council Form {This Attachment may be used with any Judicia! Councfl form.) Plaintiff, Rebekah Sinai Benitez $ 2,101 .41 $ 3,168.00 $ 5,276.00 $ 1,676.00 $ 2,000.00 $ 6,000.00 $ 5,253.53 $ 3,300.00 $ 2,196.00 $ 8,] 18.43 $ 8,337.00 $ 47,425.37 Page l of 2 (Add pages as required} www. courtinfofia. gov KOOONONUl-hwwu-t NNNNNNNNNHHHHHHHHHH OONONM-PWNHOKOOONONm-PWNHO PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County 0f Los Angeles, State 0f California. I am over the age 0f 18 and not a party t0 the within action; my business address 9454 Wilshire Boulevard, Suite 900, Beverly Hills, CA 90212. On July 21, 2021, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope, addressed as follows: Dan Yang 450 Rock Ave. Fremont, CA 94536-2689 [ ] (By FAX) I caused above-referenced documents t0 be faxed t0 the addressee at the following fax numbers: [X] (By Mail) I caused such envelope, with postage thereon, fully pre-paid, t0 be placed in the U.S. Mail at Beverly Hills, California 90212. [ ] (By Personal Service) I caused such envelope t0 be hand-delivered t0 the addressee, 0r t0 their office(s). [X] (State) I declare under penalty 0f perjury, under the laws 0f the State 0f California, that the foregoing is true and correct. Executed 0n July 21, 2021, at Beverly Hills, California. I declare under the penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. Carla/BWZoy Carla Banuelos 8 CASE MANAGEMENT STATEMENT