Statement Case Management Conference

Cal. Super. - 6th Dist.March 30, 2021

Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/4/2021 1:02 PM Reviewed By: System System Case #21CV381487 Envelope: 6994589 21CV381487 Santa Clara - Civil System System CM-110 ATTORNEY OR PARTY WITHOUTATTORNEY Name, Stale Bar number; and address): The Jagroop Law Office, Inc. ( F””mm“m” Tristan Yohan Jagroop, Esq. (SBN: 294381) Post Office Box 43. Union City, CA 94587 E-MAIL ADDRESS (Optional): lawtn'st@gmail.com ATTORNEY FOR (Name): Jerome Andrew Ward TELEPHONE N0 : (510)556-401 3 FAX N0. (Oprabnau: (51 0)441 -2054 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 North First Street MAILING ADDRESS: 191 Nonh First Street CITY AND ZIP cone: San Jose, CA 951 13 BRANCH NAME: Downtown Superior Court DEFENDANTIRESPONDENT: Maria Zavala, Ericka Acosta, and Does 1-60, Incius'we. PMINTIFFIPETITIONER: Jerome Andrew Wand CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE E LIMITED CASE 21 CV351437 (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: 2:15pm. Dept: 7 Div.: Roam: Address of court (if dificrent fmm the address above): [Z] Notice of Intent to Appear by Telephone, by (name): Tristan Yohan Jagroop. Esq. 4. INSTRUCTIONS: AH applicable boxes must be checked, and the specified information must he provided. . Party or partles (answer one): a. E This statement is submitted by party (name): Jerome Andrew Ward b. E This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants om'y) a. The complaint was filed on (date): March 30, 2021 b. E The cross-complaint, if any. was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. E All parties named in the complaint and cross-oomplaint 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): Please see and read the attached. (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 ._(speciaj/ names, nature ofinvolvement in case, and date by which they may be served): Description of case a. Type ofcase in E complaint E cross-complaint (Describe. including causes of action): Motor Vehicle Accident [Negligence]. Pagan” FmMWWWW Use CASE MANAGEMENT STATEMENT cmggfi;zgg?;§dJudicial Coundl or California 0mm [Revv Juiy 1, 201 1] www.caunscagov CM-11D PLAINTIFF/PETITIONER: Jerome Andrew Ward CASE NUMBER DEFENDANTIRESPONDENT: Maria Zavala, Ericka Acosta, and Does 160, Inclusive. 21CV3814B7 4. b. Provide a brief statement of the case, including any damages. (lfpersonal injury damages are sought, spasm; the injury and damages claimed, including medics! expenses to date flndlcate source and amount], estimated future medical expenses, lost eamings 2‘0 date, and estimated future lost earnings, If equitable relief J's sought, describe the nature of the relief) Please see and read the attached. E (If more space is needed, check this b0x and attach a page designated as Attachment 4b.} 5. Jury or nonjury trial a. The party or parties request E] a jury triar D a nonjury trial. (If more than one pan‘y, provide the name ofeach parry requesting a jury trial): 6. Trial date a. D The trial has been setfor (dare).- b. No trial date has been set. This case win be ready for trial within 12 months of the date of the filing 0f the complaint (if not, exprain): Please see and read the attached c‘ Dates on which parties or attorneys will not be available for trial (special dates and explain reasons for unavaflability): 7. Estimated length of trlal The party or parties estimate that the trial will take (check one).- a. days (specify number): Three (3) to five (5) days b. E hours (short causes) (specify): 8. Trial representation (to be answered for each parfy) The party or parties will be represented at trial E by the attorney or party 1isted in the caption [j by the followmg: a. Attorney: b. Fiwn: c. Address: d. Telephonenumber: f‘ Fax number: e. E-mailaddress: g. Partyrepresented:E Additional representation 1's 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 infomation about the processes available through the court and community programs ‘m this case. (1) For parties represented by counsel; Counsel [j has D has not provided the ADR information package identified in rule 3221 t0 the client and reviewed ADR options with the client. (2} For self-represented parties: Party E has E has not reviewed the ADR information package identified in rule 3221. b. Referral tojudiciai arbitration or civil action mediation (if available). (1) This matter is subject t0 mandatory judicial arbitration under Code 0f Civil Procedure section 1141.11 or to civil action mediation under Code 0f Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2)E Plaintiff elects t0 refer this case to judicial arbitration and agrees to limit recovery to the amount Specified in Code of Civil Procedure section 1141.11. (3)m This case is exempt from judiciai arbitration under rule 3‘811 ofthe California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq (specify exemption): cmmomev Juay m 2011] CASE MANAGEMENT STATEMENT P89“ 20f 5 CM-110 PLAINTIFFIPETITIONER: Jerome Andrew Ward DEFENDANWRESPONDENT: Maria Zavala‘ Ericka Acosta, and Does 1450, Indusive. 21CV381487 CASE NUMBER 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 an that apply and provide the specified infomation): The party or parties completing this form are willing to participate in the following ADR processes (check afl that apply): lf 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 ofrhe pam'es’ADR stipulation): E Mediation session not yet scheduled [j Mediation session scheduled for (dare): (1) Med'at'on E :1 Agreed to complete mediation by (dare).-m Mediation completed 0n (dare): Sewement conference not yet scheduled (2) Settlement a E Settlement conference scheduled for(date):wnference E Agreed to complete settlement conference by (date): E} Settlement conference completed onwafe): [:3 Neutral evaluation not yet scheduledE Neutral evaluation scheduled for (date): (3) Neutral evaluation E _E Agreed to complete neutral evaluation by (dare):E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbinding judicial l: C] Judiciai arbitration scheduled for (date).- arbitrafion E Agreed to compretejudiciai arbitration by (date):E Judicial arbitration completed on (dare): E Private arbitration not yet scheduled (5) Binding private E] E Private arbitration scheduled for (dare): arbitration D Agreed to complete private arbitration by (date):a Private arbitration completed on (date): E ADR session not yet scheduledE ADR session scheduled for (dare): (5) Other (Specify): E E Agreed to complete ADR session by (date):E ADR completed on (dare): CM»1‘IU [REV July 1‘ 2011] CASE MANAGEMENT STATEMENT Pageaofs CM-110 PLAINTIFF/PETITIONER: Jerome Andrew Ward CASE NUMBER: DEFENDANTIRESPONDENT: Maria Zevala, Ericka Acosta. and Does 1-60, Inclusive. 21CV381487 11. Insurance a. E Insurance cam'er, if any, for party filing this statement (name): b. Reservation of rights: E Yes :1 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 0f this case and describe the status.E Bankruptcy D Other {Spechjr}: Status: 13. Related cases. consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name ofcase: (2) Name 0f court (3) Case number: (4) Status:E Additional cases are described in Attachment 133. b. E A motion to E consolidate [j coordinate will be filed by (name party): 14. BifurcationE The pany or parties intend to file a motion for an order bifurcating. severing. 0r coordinating the following issues or causes 0f action (special moving party, type of motion, and reasons); 15. Other motions D The party 0r 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 al1 discovery. b. The following discovery will be completed by the date specified (describe ail anticipated discovery}: Early D ri i n E Jerome Andrew Ward Written Discovery Unknown Jerome Andrew Ward Deposition Unknown Maria Zavala Deposition Unknown Erika Acosta Deposition Unknown C. D The foliowing discovery issues. including issues regarding the discovery 0f electronically stored information. are anticipated (Specify): “MW” MY 1' 20“] CASE MANAGEMENT STATEMENT “9m” CM-1 10 PLAINTIFF/PETITIONER: Jerome Andrew Ward CASE NUMBER DEFENDANT/RESPONDENT: Maria 2avala. Ericka Acosta. and Does 160, Inclusive. 21CV381487 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. 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 misting to discovery or trial should no! apply lo 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): Please see and read the attached. 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 not, explain): Please see and read the attached. b. E After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): Please see and read the attached. 20. Total number of pages attached (if any): Seven (7) 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 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: August 4. 2021 I Tristan Yohan Jagroop, Esq. ’ V; W (s: Tuna 07(w on ORNEY)O(TVPE OR PRINT NAME) (SIGNATURE 0F PARTY OR ATTORNEY)E Additional signatures are attached. (TYPE OR PRINT NAME) PlgoaofsCASE MANAGEMENT STATEMENT CM-HO [Rev July 1. 201 1| The Jagroop Law Office, Inc. Post Office Box 43 - Union City, CA 94587 Telephone: (5 10)556-4013 - Facsimile: (5 l 0)441-2054 w Email: lawnist@gmail.com Wednesday, August 4, 2021 Sent Via Odvssev eFile CA Superior Court 0f Califomja County 0f Santa Clara Downtown Superior Court Department 7 Civil Division ATTN: The Honorable Christopher Rudy 191 North First Street San Jose, CA 951 13 Telephone #z (408)882-2170 Facsimile: Email: department?@scscounorg RE: OUR CLIENT: PLAINTIFF Jerome Andrew Ward CASE NAME: Jerome Andrew Ward v. Maria Zavala, Ericka Acosta, and Does 1-60, Inclusive. COURT: Superior Court 0f California County of Santa Clara Downtown Superior Court 191 North First Street San Jose, CA 95113 DIVISION: Civil JURISDICTION: Limited CASE #z 21CV381487 TYPE 0F CASE: Automobile Accidentchrsonal Injury CA STATUTE OF LIMITATIONS: Bodily Injury (Two (2) Years [California Code 0f Civil Procedure § 3351]) SUBJECT MATTER: Attachment t0 Case Management Statement T0 the Honorable Christopher Rudy: I am the attorney ofrecord for PLAINTIFF Jerome Andrew W'ard (hereinafter referred t0 as “‘Jerome”) regarding the above-entitled case. My contact infonnation is below: Tristan Yohan Jagroop, Esq. The Jagmop Law Office, Inc. Post Office Box 43 Union City, CA 94587 Telephone #2 (5 10)556-4013 Facsimile: (510)441-2054 1 Email: Iawfiist@gmail.com I apologize for the delay in having this Case Management filed. I apologize for the delay in having this Case Management Statement served. FACTS 0F THE APRIL 7, 2019, AUTOMOBILE ACCIDENT On April 7, 2019, in the State 0f California, County 0f Santa Clara, City 0f Santa Clara, at approximately 2: 1 5pm., Jerome was driving a 2016 Pre-Dawn Toyota Camry (California License Plate # 7NXV793'), and Ericka Acosta (hereinafter referred to as “Ericka”) was driving a 1998 Red Toyota Camry (California License Plate # 4EVSS92). Jerome’s automobile was driving directly in front 0f Ericka’s automobile. Jerome’s automobile was the first (‘15?) automobile ahead 0f Ericka’s automobile. Ericka and Jerome were traveling in the same lane in the same direction. Jerome was traveling 0n Capitol Expressway heading towards the Interstate 680 highway. Jerome was approaching the intersection 0f Capitol Expressway and Capitol Avenue. The traffic light (facing Jerome (directly in front 0f Jerome» at Capitol Avenue was red. As a result, Jerome applied his brakes t0 come t0 a full and complete stop (Which he did). According t0 Jerome, Ericka’s automobile was traveling at a high rate 0f speed. According t0 Jerome, Ericka attempted t0 apply her brakes and move over t0 the right-hand lane. However, in Ericka’s attempt t0 apply her brakes and move over t0 the right-hand lane, Ericka’s automobile collided with Jerome’s automobile. Motor Vehicle Insurance At the date and time 0f the April 7, 2019, automobile accident, Jerome was an insured motorist (with Kemper Corporation; Kemper Corporation Claim #5 A00] 652CA1 9), and Jerome had active automobile insurance 0n the automobile that he was driving that was involved in the April 7, 201 9, automobile accident (with Kemper Corporation; Kemper Corporation Claim # A001652CA19). As a result, California Civil Code § 3333.4 will not apply. At tho date and time 0f the April 7, 2019, automobile accident, it is unknown if Ericka was an insured motorist, and it is unknovm if Ericka had active automobile insurance 0n the automobile that she was driving that was involved 111 the Apfil 7, 2019, automobile accident. However, at the date and time 0f the April 7, 2019, automobile accident, Maria Zavala (hereinafter referred t0 as “Maria”) was the registered owner 0f the automobile that Ericka was driving. In addition, at the date and time of the April 7, 2019, automobile accident, Maria had active automobile insurance 011 the automobile that Maria was driving that was involved in the April 7, 20 l 9, automobile accident (with Farmers Insurance; Fanners Insurance Claim # 7000073 95 1 - 1 -‘3). Progergy Damage As a result of the April 7, 2019, automobile accident, Jerome’s automobile suffered Visible, clear propeny damage. As a result Ofthe April ‘7. 20 1 9, automobile accident, Jerome’s automobile suffered visible, clear property damage. Driving Under the Influence/Drivirgg While Intoxicated At the date and time 0f the April 7, 2019, automobile accident, Jerome was not under the influence 0f a drug or any drugs (whether illegal, prescription, 0r legal). At the date and time 0f the April 7, 2019, automobile accident, Jerome was not under the influence 0f alcohol. Disrracted Driving At the date and time 0f the April 7, 2019, automobile accident, Jerome was not distracted by anyone 01‘ anything. He was not engaged in distracted driving. Personui Time At the date and time 0f the April 7, 2019, automobile accident, Jerome was 0n his own personal time. Jerome was returning home from a friend’s house. Car Sean's) At the date and time 0f the April 7, 2019. automobile accident, Jerome did not have a car seat 0r any car seats in his automobiie. Sear Belt At the date and time 0f April 7, 2019, automobile accident, Jerome was wearing his seat belt. Road condfrionfsz At the date and time 0f the April 7, 2019, automobile accident, there was slight traffic as there were an abundance 0f other motorists 0n the road. Weather conditionm At the date and time of the April 7, 201 9, automobile accident, the weather was sunny and clear. Steering Wheel At the date and time of the April 7, 2019, automobile accident, Jerome was holding his steering wheel in the 10:00 position and the 2:00 position. Paslfi‘engerm At the date and time of the April 7. 2019, automobile accident, Sally Riccitiello (hereinafter referred t0 as “Sally”) was the only passenger in Jerome’s automobile. Bodilv Iniwv 0r Bodilv Injuries As a result 0f the April 7, 2019, automobile accident, Jerome suffered bodiiy injuries t0 both his neck and his back. Lu Prior t0 the April 7, 201 9, automobile accident, Jerome did have a. preexisting injury 0r preexisting injuries or a preexisting condition or preexisting conditions t0 his neck andfor back. On August 16, 2018, in the State 0f California, County 0f Santa Clara, City 0f Sunnyvale, Mr. Ward (in the automobile that he was driving) was rear ended by another automobile. As a result of the August 16a 2018, automobile accident, Jerome suffered from the following bodily injuries: 1. Jerome’s chest hit his steering wheel upon impact, leaving Mr. Ward’s chest sore for the next two (2) weeks following the August 16, 2018, automobile accident; 2. The middle 0f Jerome’s back. and the upper part 0f Mr. Ward’s back; and 3. Jerome’s neck. Prior to the August 16, 2018, automobile accident, Jerome did not have a preexisting injury or any preexisting injuries 0r a preexisting condition 0r any preexisting conditions t0 his chest, the middle 0f his back, the upper part 0f his back, and/or his neck. MEDICAL SERVICES AND MEDICAL TREATMENT Ambulance/Paramedics As a result 0f the April 7, 2019, automobile accident, Jerome did not need an ambulance or the paramedics to transport her t0 a health care practitioner or any health care practitioners. Dr. Karo Isag'an As a result 0f the April 7, 2019, automobile accident. Jerome visited, sought, and received necessagy medical services and necessag medical treatment from Dr. Karo Isajan (hereinafter referred t0 as “Dr. Isajan"). Sunnyvale Imaging Center As a result Ofthe April 7, 201 9, automobile accident, Jerome Visited, sought, and received necessag medical services and necessag medical treatment from Sunnyvale Imaging Center (hereinafter refen'cd to as “‘SIC”). Kaiser Permanenre As a result 0f the April 7, 2019, automobile accident, Jerome Visited, sought, and received necessary medical services and necessag’ medical treatment from Kaiser Permanente (hereinafter referred to as “Kaiser”). MEDICAL MONETARY DAMAGES Dr. Kim Isaian As a result 0fthe April 7, 2019, automobile accident, Dr. Isajan has a final monetary lien 0f $9,190.00 regarding the medical services and medical treatment that Dr. Isajan provided to Jerome. Kemger Corgorarion As a result 0f the April 7, 2019, automobile accident, Kemper Corporation has a final monetary lien 0f $1,000.00 regarding what Kemper Corporation paid t0 Dr. Isajan for the medical services and medical treatment that Dr. lsajan provided t0 Jerome. Smmwale Imaging Cenler As a result 0fthe April 7, 2019, automobile accident, SIC has a final monetary lien of $990.00 regarding the medical services and the medical treatment that SIC provided to Jerome. Equian As a result 0fthe April 7, 2019, automobile accident, Equian (the third (3rd) party liability company that handles Kaiser’s subrogation) has a current, monetary lien of $83.00 regarding the medical services and medical treatment that Kaiser provided t0 Jerome. TOTAL ITEMIZATION OF MEDICAL MONETARY DAMAGES As a result 0f the April 7, 201 9, automobile accident, below you shall find a total itemization 0f medical monetary damages that Jerome suffered: Dr. Kim Isajan: $9,190.00 Kemper Corporation: $1,000.00 Sunnyvale Imaging Center: $990.00 Equian: $83.00 TOTAL: $1 1,263.00 LOST WAGES/LOSS OF EARNINGS At the date and time 0f the April 7, 201 9, automobile accident, Jerome was employed at, with, and in Stanford Healthcare in Redwood City, California. In general, Jerome was paid $28.77 per hour. In general, Jerome worked forty (40) hours per week. As a result Ofthe April 7, 2019, automobile accident, Jerome lost 29.25 hours 0f work. As a result 0f the April 7, 2019, automobile accident, Jerome lost a grand monetary total ofapproximately $841.52 in lost wageS/loss 0f earnings. TOTAL ITEMIZATION OF BODILY INJURY MONETARY DAMAGES As a result 0fthe April 7, 201 9, automobile accident, below you shall find a total itemization 0f bodily inj ury monetmy damages that Jerome suffered: Medical Monetary Damages: $11,263.00 Lost Wages/Loss 0f Earnings: $841.52 TOTAL: $12,104.52 JANUARY 15, 2021, DEMAND PACKET [DEMAND LETTER! On January 15, 2021, via electronic mail, I emailed Farmers Insurance a demand packet (demand letter). I did provide Farmers Insurance with a copy of the March 30. 2021, filed lawsuit. PERSONAL SERVICE ON MARIA ZAVALA AND ERICKA ACOSTA To dale, Maria and Ericka havc n01 bccn personally served with the March 30, 2021, filed lawsuit. UPDATE (as of Al_lggst 4, 2021 l: I am waiting on Jerome to sign and date the “Release In Full Of All Claims and Rights” from Farmers Insurance. As a result, a monetary settlement has been obtained in this case, regarding this case, etc. RE UEST S UPDATE (as of August “f, 2021 1: I am waiting on Jerome to sign and date the “Release [n Full Of All Claims and Rights” from Farmers Insurance. As a result, a monetary settlement has been obtained in this case, regarding this case, etc. As a result, I request a ninety (90) day continuance of this case for further Case Management Conference. l believe that a ninety (90) day continuance will provide for the opportunity for Jerome to sign and date the “Release In Full Of All Claims and Rights” from Farmers Insurance, for me to file at, with, and in the Superior Court of California, County of Santa Clara, Downtown Superior Court, Civil Division, a Request For Dismissal (With Prejudice), for me to file at, with, and in the Superior Court of California, County of Santa Clara, Downtown Superior Court, Civil Division, a Notice of'Settlement ofEntire Case, and serve the Request For Dismissal and Notice of Settlement of Entire Case on Farmers Insurance. Thank you. Sincerely, JLA%%5 Tristan Yohan Jagroop, Esq. QQ Farmers Insurance Post Office Box 268894 Oklahoma City, OK 73 126-8994 Telephone # 1: (623)232-6382 Telephone #2: (800)435-7764 Facsimile: (877}2 1 7- 1 3 89 Email #1: 1nyc1aim@fa.rmersinsurance.com Email #2: erika.smith3@farmersinsurance.com