Statement Case Management ConferenceCal. Super. - 6th Dist.April 1, 202121 CV381457 Santa Clara - Civil Weflflfl/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Elizabeth L. Kolar. Esq. (SBN 168935) Jon C. Abramspn. Esq. (SBN 318506) Kolar & Assocnates. A Law C01Xorat10n 12241 Newport Avenue. Santa na. CA 92705 TELEPHONE N00 14)544'0041 'FAx No. (Optional): (7 14544-005 1 E_MA.L ADDRESS (Opmnauztaml@kolarandassomates.com ATTORNEY FOR (Name);Auto Company XXII, Inc. dba Mercedes-Benz 0f San Jose Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/26/2021 4:38 PM Reviewed By: System System Case #21 CV381457 SUPERIOR COURT 0F CALIFORNIA, COUNTY OFSanta Clara STREET ADDRESS: 161 N. First Street MAILING ADDRESS: 191 N. FlrSt Street CITYAND ZIP CODE: san JOSC, 951 13 BRANCH NAME: Old Courthouse Envelope: 6926088 PLAINTIFF/PETITIONER. Auto company XXII, Inc. dba Mercedes-Benz 0f san Jose DEFENDANT/RESF’ONDENTI Mariah Christian Gomez, et a1. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E] UNLIMITED CASE E LIMITED CASE 2107381457 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 10, 2021 Time: 3:00 p.m. Dept.:20 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Jon C, Abramson, Esq. 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): Auto Company XXII, Inc. dba MercedeS-Benz Of San Jose b. E This statement is submitted jointly by parties (names): a. The complaintwas filed on (date): April 1, 2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) Complaint and cross-complaint (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. EX] The following parties named in the complaint or cross-complaint (1) [Z] have not been served (specify names and explain why not): Mariah Chrisian Gomez and Team Builders - Out for Service (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 of involvement in case, and date by which they may be served): 4. Description of case a- Type 0f case in m complaint E cross-complaint (Describe, including causes of action): Breach 0f Contract; Intentional Misrepresentation; False Promise; Negligent Misrepresentation and Declaratory Relief Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California CM-1 10 [Rev. July 1, 2011] rules 3720-3730 www.courts.ca.gov CM-110 PLA|NT|FF/PET|T|QNER; Auto Company XXII, Inc. dba Mercedes-Benz of San Jose CASE NUMBER: TJEFENDANT/RESPONDENT:Mariah Christian Gomez, et a1. 21CV38 1457 4. b. Provide a brief statement of the case, including any damages. (prersonal 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.) Defendant Mariah Gomez leased a vehicle and provided a check from her corporation Defendant Team Builders t0 cover the drive off payment. However. Defendant Mariah Gomez's check bounced because the account had insufficient funds. E (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 E a jury trial E a nonjury trial. (Ifmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial 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): °- rfaelszfiimfififlfif ?{539EE?%§;“<9£E§&8§ Ed§¥?§%i9§}5’?! fisffii’fi F/S‘f/Efié’é’; ef‘fiéfi’fldfiifi73‘5‘7i §??YfflWé/22w6, 7/25-8/15, 8/30-9/13, 10/17-10/31; Trial 2023: 2/14-2/28; 6/26-7-10; 7/31-8/14 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. E days (specify number): 5'7 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-mail address: g. Party represented: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: 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 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 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110[Rev.July 1, 2011] CASE MANAGEMENT STATEMENT Page20f5 CM-110 _ PLAINT'FF/PETITIONERS Auto Company XXII, Inc. dba Mercedes-Benz 0f San Jose CASE NUMBER: DEFENDANT/RESPONDENTi Mariah Christian Gomez, et a1. 21CV381457 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): (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 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 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): (5) Binding private Private arbitration not yet scheduled Private arbitration scheduled for (date): DUDE DUDE DUDE DUDE DUDE DUDE 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 (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM_1 1o [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Auto Company XXII, Inc. dba Mercedes-Benz 0f San Jose CASE NUMBER: 2 1CV3 8 1457 DEFENDANT/RESPONDENT: Mariah Christian Gomez, et a1. 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes E No c. E Coverage issues wi|| 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_ D 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 motionsE 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. m The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Auto Company XXII, Inc. Requests for Admission,Requests for Production of DocumentsPer Code Auto Company XXII, Inc. Special Interrogatories, Form Interrogatories Per Code Auto Company XXII, Inc. Deposition 0f Plaintiff Per Code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 1o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of5 CM-1 10 PLAINTIFF/PETITIONER: Auto Company XXII, Inc. dba Mercedes-Benz of San Jose CASE NUMBER: EEFENDANT/RESPQNDENT; Mariah Christian Gomez, et a1. 21CV381457 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 discovely 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. [E 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 ryot,_explain): _We are st111 1n the process 0f servmg the Defendants. 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): 0 l 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 wi|| 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 26, 2021 Jon C. Abramson, Esq. ’ MW (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-“O IReV- Ju'v 1, 2°11] CASE MANAGEMENT STATEMENT Page 5°”
