Statement Case Management Conference

Cal. Super. - 6th Dist.April 1, 2021

21 CV381453 Santa Clara - Civil CM-H.1=%ming ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT use ONLY Robert L. Nelder./Saima Aslam SBN: 125426 / 308589 WFBM LLP Electronically Filed One Sansome Street, Suite 1800 by superior court Of CA, San Francisco, CA 94104-4461 County of Santa Clara, TELEPHONE No.2 (415) 781-7072 FAX No. (0ptiona/):(415) 391-6258 on 12/30/2021 10:50 AM E-MAIL ADDRESS (Optional): melder@wfbm.com/ saslam@wfbm.com Reviewed By; R_ F|eming ATTORNEY FOR (Name): Bateman Community Living, LLC, Blake Yamaichi, Elior, Inc. case #21 CV381 453 SUPERIOR COURT 0F CALIFORNIA, COUNTY OFSanta Clara Envelope: 7957925 STREEF ADDRESSII61 North First Street MAILING ADDRESS 1 61 North First Street CITY ANDZIP CODE: San Jose. CA 951 13 BRANCH NAME: Old Courthouse PLAINTIFF/PETITIONER: Naravan Dahal DEFENDANT/RESPONDENT: Blake Yamaichi. et a1, CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): m UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 2 1CV38 1453 exceeds $25,000) or |ess) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:Janua1-V 18‘ 2022 Time: 10.00 aln. Dept.:20 Div.: Room: Address of court (if difierent from the address above): Notice of Intent to Appear by Telephone, by (name): Saima Aslam 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): Defendants Bateman Comm nit Li in , LLC, Blake Yamaichi b. This statement is submittedjointly by parties (names): u y V g and Elior, Inc. 2. Complaint and cross-com plaint (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): 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. E 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 ofinvo/vement in case, and date by Which they may be served): 4. Description of ca_se 8- Type 0f case In E complaint E cross-complaint (Describe, including causes of action): Complaint for property damage and auto personal injury. Page 1 of 5 F Ad t U C l. R l fC t, OSTdiciglpCecfigéMI grryrlfiase CASE MANAGEMENT STATEMENT raulesu3é782%-3é7us[0 CM-1 10 [@59xh3.flm1] www.courts.ca.gov Westlaw Doc 8: Fonn Bu'lder'" CM-110 DEFENDANT/RESPONDENT: Blake Yamaichi, et a1, PLAINTIFF/PETITIONER: Narayan Dahal ZAlséhij/kngRlz453 4. 10. b. Provide a brief statement of the case, including any damages. (/fpersona/ injury damages are sought, specify the injwy 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.) Plaintiff alleges he was injured on April 26, 2019, in an auto/bike accident at 0r near the intersection 0fMoorpark Avenue and S. Monroe Street in San Jose, California, When he rode his bicycle in the wrong direction 0f the bike lane in Violation 0fCVC Sec. 21650.1. Plaintiff seeks wage loss, loss 0f use ofproperty, hospital and medical expenses, general damage, property damage, loss of earning capacity. Defendant denies all allegations. E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request E ajury trial 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 setfor (date): b. m No trial date has been set. This case will be ready fortrial within 12 months ofthe date ofthe filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): See Attachment Estimated length of trial The party or parties estimate that the trial will take (check one): a. m days (specify number):3_4 b. E hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented attrial 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-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 aboutthe processes available through the court and community programs in this case. (1) For parties represented by counsel: CounselE 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 tojudicial arbitration or civil action mediation (if available). (1) E This matter is subjectto mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 orto civil action mediation under Code 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 Courtorfrom civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): OlAnnn 1 CM-“OIReVgLaifffigig CASE MANAGEMENT STATEMENT Pagan” CM-11O PLAINTIFF/PETITIONER: NaraVan Dahal DEFENDANT/RESPONDENT:Blake Yamaichiq et a], CASE NUMBER: 21CV381453 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 a/l 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(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 not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled E Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbindingjudicial E Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specifiI): DUDE DUDE DUDE DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] 58549901 5591-35813 Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONERNaravan Dahal ZAlsZNi/Mgzj 453 DEFENDANT/RESPONDENTBlake Yamaichi 6t a1 11. Insurance a. Insurance carrier, if any, for party filing this statement (name):sent1~V b. Reservation of rights: 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:E Additional cases are described in Attachment 13a. b_ E A motion to E consolidate E coordinate will be filed by (name party): 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 motions The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): Motions for summary judgment and potential motions in limine 16. Discovery a. E The party or parties have completed all discovery. b. m The following discovery will be completed by the date specified (describe all anticipated discovely): Party Descrigtion Date Defendant Written Discovery Per Code Defendant Plaintiffs Deposition Per Code A11 Parties Expert Discovery Per Code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“O [ReV§§“3VT?§?§’§113 CASE MANAGEMENT STATEMENT Page4°f5 CM-1 10 PLAINTIFF/PETITIONERNaraVan Daha] CASE NUMBER: 2 1CV38 1453 DEFENDANT/RESPONDENTIBlake Yamaichi‘ et a1_ 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. 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 (specifil): 19. Meet and confer a.m 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 (ifnot, explain): Parties will meet and confer prior to the CMC. b. After meeting and conferring as required by rule 3.724 of the California 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. Datei December 30. 2021 Robert I Nelder ’W g‘W (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached.(TYPE OR PRINT NAME) CM-“O [ReV§§°3§’?§%§f CASE MANAGEMENT STATEMENT Page 5°” WALSWORTH ONE SANSOME STREET SUITE 1800 TEL (415) 781-7072 ' FAX (41 5) 391-6258 SAN FRANCISCO, CALIFORNIA 94 1 04-4461 56385361 0000-99999 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT 1 Section 6c. Dates 0n which parties or attorneys will not be available for trial. Trials: January 3, 2022 (Alameda) Odem-Childers V Westburne Supply, Inc., et a1.; January 31, 2022 (Alameda) Rodoni V Westburne Supply, Inc., et al; May 2, 2022 (San Francisco) Brown V. Vic Hubbard, et al.; May 9, 2022 (San Francisco) Lawrence V. Vic Hubbard, et a1.; May 9, 2022 (Los Angeles) Boyance V. Westburne Supply, Inc., et a1; May 11, 2022 (San Francisco) Simpson V. Honeywell International, Inc.; June 13, 2022 (Alameda) William Cook V Westburne Supply, Inc., et a1.; August 15, 2022 (Alameda) Debevec V. 3M Company, et a1.; WALSWORTH ONE SANSOME STREET SUITE 1800 SAN FRANCISCO, CALIFORNIA 94 1 04-4461 TEL (41 5) 781-7072 ° FAX (415) 391-6258 5856464.1 5591-35813 Ul-RUJN \OOOQON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Narayan Dahal, V. Blake Yamaichi, et al. Santa Clara Superior Court Case N0. 21CV381453 Our Client: BLAKE YAMAICHI, ELIOR, INC. and BATEMAN COMMUNITY LIVING, LLC erroneously sued as BATEMAN COMMUNITY LIVING At the time 0f service, Iwas over 18 years 0f age and not a party t0 this action. I am employed in the County 0f San Francisco, State of California. My business address is One Sansome Street, Suite 1800, San Francisco, CA 94104-4461. On December 30, 2021, I served true copies 0f the following document(s) described as DEFENDANTS BLAKE YAMAICHI, ELIOR, INC. AND BATEMAN COMMUNITY LIVING, LLC erroneously sued as BATEMAN COMMUNITY LIVING'S CASE MANAGEMENT STATEMENT 0n the interested parties in this action as follows: Joseph Lee Brian L. Larsen Law Offices 0f Brian L. Larsen 530 Jackson Street, 2nd Floor San Francisco, CA 94133 Email : brian@brianlarsenlaw.c0m j0seph@brianlarsenlaw.c0m Attornevs for Plaintiff BY E-MAIL OR ELECTRONIC TRANSMISSION: I electronically served a copy of the documents described above from the email address VWirjasatria@wfbm.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessfull declare under penalty of perjury under the laws 0f the State of California that the foregoing is true and correct. Executed 0n December 30, 2021, at San Francisco, California. "\fWflL Valentine Wirj asatria