Statement Case Management ConferenceCal. Super. - 6th Dist.March 29, 2021CM-110 ATTORNEY OR PARTY IMTHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONL Y Dawn L. Hassell, Esq, (200080); Judy Graziano (205926); George M. Morris (315371); The Hassell Law Group, a P.C,; 4079 19th Avenue; San Francisco, CA 94132 TELEPHONE NO.: (415) 334-4111 FAX NO. (Optional): (415) 469-9885 E-MAIL ADDRESS: dawn@hasseillawgroup.com ATTORNEY FOR (Name): Plaintiff, MICHELLE CHO SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. 1st St. MAILING ADDRESS: 191 N. 1st St. CITY AND ZIP CODE: San Jose, 95113 BRANCH NAME: Unlimited Civil Division PLAINTIFF/PETITIONER: MICHELLE CHO DEFENDANT/RESPONDENT: JIAN ZHANG, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [KJ UNLIMITED CASE D LIMITED CASE 21CV381431 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 8, 2022 Time: 10:00 AM Dept.: 19 Div.: Room: Address of court (if different from the address above): [KJ Notice of Intent to Appear by Telephone, by (name): George M. Morris, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. D This statement is submitted by party (name): MICHELLE CHO 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): 3/29/2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. 0 All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (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 date by which they may be served): 4. Description of case a. Type of case in [KJ complaint D cross-complaint (Describe, including causes of action): Motor vehicle accident in which Plaintiff sustained serious bodily injury when the vehicle she was riding in as a passenger was struck by Defendant Jian Zhang's vehicle on 4/1/2019. Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of Califomia CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 www.couns.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/20/2022 5:04 PM Reviewed By: R. Fleming Case #21CV381431 Envelope: 8104503 21CV381431 Santa Clara - Civil R. Fleming CM-110 PLAINTIFF/PETITIONER: MICHELLE CHO DEFENDANT/RESPONDENT: JIAN ZHANG, et al. CASE NUMBER: 21CV381431 4. b. Provide a bnef statement of the case, including any damages. (If personal 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 April 1, 2019, at approximately 9:00 a.m., the vehicle in which Plaintiff MICHELLE CHO was a passenger, was rear-ended by Defendant's vehicle (a white Mercedes, license number 8BOP615). As a result, Plaintiff sustained a mild Traumatic Brain Injury and other injuries. Past med: approx. $40,000; past/future wage loss: TBD; Out of Pocket: TBD; future med. specials: TSD D (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request [KJ a jury trial requesting a jury tria!): D a nonjury trial. (If more than one party, provide the name of each party 6. Trial date a. D The trial has been set for (date): b. [KJ 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): 3/28 -3/29/2022 (UIM Arbitration Stephens v. Sentry); 4/25- 5/6/2022 (Rodriguez Trial); 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [KJ days (specify number): 3-5 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [KJ by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: e. E-mail address: f. Fax number: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [KJ 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 0 has 0 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 0 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 1141.11. (3) [RJ 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): Damages exceed $50,000 CM·110 (Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: MICHELLE CHO DEFENDANT/RESPONDENT: JIAN ZHANG, et al. CASE NUMBER: 21CV381431 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 If the party or parties completing this form in the case have agreed to this form are willing 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' AOR processes (check all that apply): stipulation): D Mediation session not yet scheduled D D Mediation session scheduled for (date): (1) Mediation D Agreed to complete mediation by (date): o Mediation completed on (date): o Settlement conference not yet scheduled (2) Settlement D o Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): o Neutral evaluation not yet scheduled (3) Neutral evaluation D D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D o Judicial arbitration scheduled for (date): arbitration o Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D o Private arbitration scheduled for (date): arbitration o Agreed to complete private arbitration by (date): c:::::J Private arbitration completed on (date). o ADR session not yet scheduled (6) Other (specify): 0 D ADR session scheduled for (date): o Agreed to complete ADR session by (date). D ADR completed on (date): CM-110 [Rev. September 1,2021] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: MICHELLE CHO DEFENDANT/RESPONDENT: JIAN ZHANG, et al. CASE NUMBER: 21CV381431 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: 0 Yes 0 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 will be filed by (name party): 14. Bifurcation D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. 0 The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Discovery 8/2022 Plaintiff Deposition of Defendant 4/2022 Plaintiff Supplemental Discovery 8/2022 Both Parties Expert Discovery Per Code Plaintiff Other Deposition 8/2022 c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM·110 (Rev. September 1, 20211 CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: MICHELLE CHO DEFENDANT/RESPONDENT: JIAN ZHANG, et al. CASE NUMBER: 21CV381431 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 will 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 issues [KJ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Setting a trial date for September 2022 or FalllWinter 2022 19. Meet and confer a. [KJ 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): In process b. 0 After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify). Nothing yet; Plaintiff and Defendant are conducting written discovery; Defendant has issued subpoenas for Plaintiffs medical records; the setting of party depositions is in process. 20. Total number of pages attached (if any): ;::0 _ 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 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. (TYPE OR PRINT NAME) Date: 1/20/2022 George M. Morris, Esq. (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) D Additional signatures are attached. CM-110 (Rev. September 1. 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 10 11 12 c, ::J " 00 - 13 ~._ - '" ~Eo;; o ('oj o. ~ e-.~ -< 14 -< 0 :::l U ....lUCll , ...J ] ~£ ~ til ,. -<'(3 15 r/J ~ t; a ~~gu: :Cp:;;::§ 16 ~-< CIl f-< 17 18 19 20 21 22 23 24 25 26 27 28 1 PROOF OF SERVICE 2 PROOF OF SERVICE CHO v. ZHANG, et al. County of Santa Clara, Superior Court Case No.: 21CV381431 3 4 I, the undersigned, declare that I am a resident and citizen of the United States of America; over the age of eighteen (18) years; not a party to this action; and employed by The Hassell Law Group, PC, counsel 5 of record for Plaintiff(s). My business address is 4079 19th Avenue, San Francisco, California, 94132, which is located in the County of San Francisco. 6 On January 20,2022, I served the following document(s) and things: 7 PLAINTIFF'S CMC STATEMENT for 2/8/2020 CMC 8 on the interested parties in this action as follows: 9 Patricia M. Green Roe Marcella Madrill SAMUELSON, WILSON & ROE 210 N Fourth Street, Suite 201 San Jose, CA 95112 pgr@swr-law.col11 I11xl@swr-law.com Attorney for Defendant, JIAN ZHANG ___x__;_ BY E-SERVICEIELECTRONIC MAIL: I caused to be served the aforementioned documents on the parties or witnesses noted above by electronic transmission or notification from carina@hasselllawgroup.com and/or through electronic service performed directly by me or by an agent, attorney, or through an electronic filing service provider pursuant to CCP 1010.6, to the electronic addresses listed above and which addresses were provided to me by the intended individual recipients. This method of service is necessitated during the National Emergency due to Coronavirus (COVID-19) pandemic, that our office is operating partially remotely and CCP section 1010.6 (e) which mandates electronic service of documents between represented parties in general civil actions. No indication that the transmission was unsuccessful was received within a reasonable time after transmission. We will provide a courtesy physical copy, only upon request from the parties served. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 20, 2022, at San Francisco, California.
