Statement Case Management ConferenceCal. Super. - 6th Dist.March 26, 202121CV381412 Santa Clara - Civil CMHmming ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ArthurA. Navarette, Es . SBN 159973 . . 950 S B A Stq 1113 Electronically FIled S J. asgirgsllzeé, e. by Superior Court of CA, a” 039’ County of Santa Clara, TELEPHONE No.: (408) 275'9500 FAX No. (Optional): (408) 275'9131 on 1/24/2022 1:54 PM E_MA|L ADDRESS (Optional): navarettelaW@SnglObal.net Reviewed By: R. Fleming ATTORNEY FOR (Name): Plaintiff Irma SOtO Case #21 CV381 41 2 SUPERIOR COURT OF CAL_IFORN|A, COUNTY OF Envelo e: 81 23052 STREET ADDRESS: 191 N' F'rSt St' p MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 1 3 BRANCH NAME: PLAINTIFF/PETITIONER: Irma SOtO DEFENDANT/RESPONDENT: M&B RestaurantS, lnC-, et al CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 21CV381412 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 251 2022 Time: 10:00 a-m- Dept: 19 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): 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): Irma SOtO 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): 03/26/2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. 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§e 3- Type 0f 0339 In complaint E cross-complaint (Describe, including causes of action): Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 10 [Rev. July 1, 201 1] www.coun‘s.ca.gov CM-110 h) CASE NUMBER: . Irma SotoPLAINTIFF/PETITIONER. 21 CV381 41 2 EFENDANT/RESPONDENT. M&B Restaurants, InC., et al 4. 10. 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 e rnin o date, and estimat dfuturel s earnin ..lf uitabl reliefls so t, describ th nat r oft erelief. gexufi Earassment/sexua assaultfinientlongf Inffigtlon o emotionaigljstress, e c. Iglalnfiff see s mon)etary damages, attorneys fees, etc. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 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): Trial date a. E The trial has been set for (date): b. 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): Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 7 days b. E hours (short causes) (specify): 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 E 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. PreferenceE This case is entitled to preference (specify code section): 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 sub'ect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under ode 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-“O IREV-JU'V 1' 20“] CASE MANAGEMENT STATEMENT ”962°” CM-110 PLAINTIFF/PETITIONER: Irma Soto DEFENDANT/RESPONDENT: M&B Restaurants, |nc., et al CASE NUMBER: 21 CV381 41 2 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 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, participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check all that apply): stipulation): (1) Mediation E Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement E 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 E 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 E 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 E arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): E DUDE DUDE DUDE DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-1 1 0 PLAINTIFF/PETITIONER: Irma SOtO CASE NUMBER: 21CV381412 DEFENDANTIRESPONDENT: M&B Restaurants, |nc., et al 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: E Yes E 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; Defendants need to file a Responsive PleadingE Additional cases are described in Attachment 13a. b. EAmotionto D consolidate D coordinate winbefiled by(namepany): 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 wi|| be completed by the date specified (describe all anticipated discovery): Pany Descrigtion Date Plaintiff Depositions 4/25/2022 Plaintiff Expert Depositions 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: ”ma SOtO CASE NUMBER:_ 21CV381412 DEFENDANT/RESPONDENT: M&B Restaurants, |nc., et al 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 wi|| 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): 19. Meet and confer a. 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 (%%0Mfiies expect to go to some form of ADR after depositions have been completed. 20. Total number of pages attached (if any): 0 | 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: January 24,2022 Arthur A, Navarette, Esq. } /S/Arthur Navarette (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page50f5 PROOF OF SERVICE I am a citizen of the United States, over the age of eighteen, and not a party to the within action. I am employed by Law Offices ofArthur Albert Navarette whose business address is 950 S. Bascom Ave., Ste. 1 1 13, San Jose, CA 95128. On the date set fonh below I served the following documents: CASE MANAGEMENT STATEMENT on the following person(s) in this action: Cassandra M. Ferrannini, Esq. Daria Gossett, Esq. Downey Brand LLP 621 Capitol Mall, 18th Floor Sacramento, CA 958 14 cferrannini@downevbrand.com dgossett@downeybrand.com in the following manner: [X ] (BY MAIL) By placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United Statesmail at San Jose, California addressed as set forth above. [ X] (BY EMAIL) By attachingthe document(s) listed above in an email to email address es [ ] @Y OVERNIGHT DELIVERED By placing the document(s) listed above in a sealed envelope for overnight delivery, in a box or other facility regularly maintained by an express service carrier, or delivered to an authorized courier or driver authorized by that express service carrier with delivery fees paid or provided for, and addressed as set forth above. [ ] (BY FACSIMILE) The document(s) listed above were transmitted by facsimile transmission from facsimile machine number (408) 275-913 lto the offices of the person(s) listed above, at their respective facsimile numbers shown above. The transmission was reported as complete and without error. The transmission report, a copy ofwhich is attached t0 this proof ofservice, was properly issued by the transmitting facsimile machine. [] (BY PERSONAL DELIVERY) I caused true and correct copies of the above documents to be placed in an envelope(s) addressed to the addressee(s) and I caused such envelope(s) to be delivered by hand 0n the 0ffice(s) of the addressee(s). [X] (STATE) I declare under penalty ofpeljury under the laws 0fthe State OfCalifornia that the foregoing is true and correct. [ ] (FEDERAL) I declare thatI am employed in the office ofa memberofthe bar 0fthis court atwhose direction the service was made, Executed January 24, 2021 at San Jose, California. /s/Roxanne Wilson Roxanne Wilson Irma Soto v. M&B Restaurants, Inc., et a1 Proof ofSerVice Case No.: 21CV38 1412
