Statement Case Management Conference

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

CM-110 ATTORNEY 0R PARTY WITHOUTATTORNB (Nana, StaleBa'mmMWWW): FOR COURTUSE ONlY Michael Delmonico, Pro se 521 O Temer Way Apt. 302 San Jose, CA 95136 F a L. E. D TELEPHONENO; (408) 859-9233 FAX Me.mptimaa: I I EMADDRESS (Optionaosmdelmm 181@gmail.com I lull JUL 3 U ' A iO- l ATTORNEY FOR mama): _ __ A r , - SUPERIOR COURT 0F CALIFORNIA, couu'rv 0F «(8%? ‘herTgilfflg-G ERCIA‘ STRErAUURESSI 191 N. First Sheet (31.jpg; ",I,: F :31. .05, I ‘QA muusmonass: 191 N. First Street g [nhigukcflwr _ , J, crrv AND ZIP CODE San Jose, CA BRANCH NAME Downtown Superior Court Civil Division PLAINTIFFIPETmONER Travis H. Whitfield DEFENDANTIRESPONDENT: Michael Delmonico CASE MANAGEMENT STATEMENT mwwm {Check one).- E UNLIMHED CASE LIMIIED CASE 21CV381 503 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is sdleduled as follows: Date: August 10, 2021 Tune: 2:15 pm Dept: 7 Div; Room: Address of court (ifdifierentfmm the address above): Notice of Intent to Appear by Telephone, by (name): Mimae! Delmonico INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answar one): a. This statement is submitted by party (name): Defendant b. E This statement is submitted joinfly by parties (names): 2. Complaint and cross-complaint (to be answered by plainfifis and cmss-complainants only) a. The complaint was filed on (date): b. D The crossmmpraint, ifany. was filed on (date).- 3. Service (to be answared by plaintifis and aoss-wmplainants only) a. Al] parfias named in the complaini and uoss-complaint have been served, have appeared, or have been (fismissed. b. E The following parties named in the complaint or cross-oomplaint (1) E have not been sewed (specffi/ names and explain why nor): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a defaufl entered against them (specifynames): c. E The following additional patties may be added (specify names, nature ofinvohtement in mse, and date by which I theymaybe served): 4. Description ofmge a- Type 0f (259 In E complaint D cross-complaint (Describe, including causes ofacfion): Page 1 of 5WWWwwqwm CASE MANAGEMENT STATEMENT “mfisz‘gjf’gfiCdxforma Cu-l‘m [Rem Juiy 1. 2011] www.martacagov CM-110 CASENUMBR 21 CV381503 PLAIN'I'IFFIPEFITIONER: Travis H. Whitfield DEFENDANTIRESPONDENT: Michael Deimonico 4. b. Provide a brief statement of the mse. induding any damagms. (”personal injury damages are sought, specify the injury and damages claimed, including media! expenses to date findicate source and amount], esfimated future medical expenses, Iost eamings to date. and esfimated future lost earnings. Ifequitable reliefis sought, desaibe the nature ofthe reliefi) Plaintiff rejected an arbitration award of $18,584.65 granted to Defendant and has fiied a civil lawsuit to collect unpaid legal fees of $8,635.79. Defendant filed a petition to compel binding arbitration as required in their Fee Agreement. C] (lfmore space is needed, check this box and aflach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial E a nonjury trial. (Ifmore than one party. provide the name ofeach party requesting ajury tn'al): 6. Trial date a. E] The tn‘al has been set for (date): b. No trial date has been set. This case win be ready for tn‘al within 12 months of the date of me filing orme oompiaint (ir not, explain): c. Dates on whim parties or attorneys will not be available for tr‘ml (spedfi/ dates and explain reasons for unavailabflity): 7. Esfimated length of h'lal The party or parties estimate that the tn’al will mke (check one): a. CZ] days (specify number): b. hours (short cam) (specify): 4 8. Trial replesentation (to be answered for each party) The party or parties will be represented a1 trial by the atiomey or party listed in the mph‘on E by the following: a. Attorney: b. Finn: c. Address: d. Telephone number: f.. Fax number. e. E-mail address: g. Party represented:E Additional representation is descn'bed in Attachment 8. 9. PreferenceE This case is enfifled to preference (spea'fi/ code section): 10. Aiternative dispute resolution (ADR) a. ADR information package. Please note that different ADR pmcesses are available in different courts and communities; read the ADR infonnafion package provided by the court under rule 3221 for information about the processes available through the court and community programs in this wse. (1) For parties reprasented by counsel: CounselE has D has not pmvided theADR information package identified in lute 3.221 to the diem and reviewed ADR opfions with the client. (2) For seIHepresemed parties: Pany has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if avaflable). (1)E This.m_atter is 5111333 to mandamryjudicial arbflmfion under Code of Civfl Procedme section 1141 .11 or to civil action megfhor} under e of Civfl Prowdure section 1775.3 because the amount in controversy 60$ not exwed the sta ory imit. (2)D Plaintiff elects to refer this use to judicial arbitration and agtees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) C] This mse is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Courtorfrom a'vil action mediation under Code 0f Civil Procedure section 1775 et seq. (specifi/ exemption): W‘OWW-ml CASE MANAGEMENT STATEMENT Paw“ CM-110 DEFENDANTIRESPONDENT: Michael Delmonico PLAINHFFIPETmONER- Travis H. Whitfield “Em“ 2101381503 10. c. Indicate the ADR process or processes that She party or parfies are willing to participate in, have agreed to pam'cipate in. or have already participated in (check a}! that apply and provide the specified infomafion): The party or parties completing If the party or parties completing this form in the mse have agreed to this fonn are willing to participate in or have already completed an ADR process or processes, participate in the foflowing ADR indimte the status of thepm (attach a wpy ofthe parfies'ADR processes (check afl that apply): sfipuiation): Mediation session not yet sdteduled (1) M d. f E Mediation session scheduled for (date):e Ia Ion Agreed to complete mediation by (date): Mediafion completed 0n (dare): Setflement conference not yet scheduled (2) Setflemem E Setflement conference scheduied fur (date): conference Agreed to complete settlement conference by (date): Semement conference completed on (date): Neutral evaluafion not yet scheduled (3) N m! I ti D Neutral evaluation scheduled for (date):e eva ua on Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judia‘al arbitation not yet scheduled (4) Nunbinding judicial D Judiual ammon Sd'IBdUIEd for (dater arb'mm” Agreed to complete judi-ul arbitration by (date): DDDD[NHM]DDDD DUDE Judicial arbitration completed on (date): Private arbmafion not yet sdleduled (5) Binding private Private arbitration smeduled for (date): arbitration Agreed to complete privaie a:hitrahipn by (date): Private arbitrafion completed on (date): ADR session not yet sdmeduled , : (6) 0th ( _ ) D ADR session scheduled for (date):er specnfy : Agreed to oompiete ADR session by (date): DUDE DUDE ADR mmplelad on (date): CM-11D [Remde 1,2011] PageSMSCASE MANAGEMENT STATEMENT CM~110 PLAmmFFIPEImONER Travis H. Whitfield WWW 21 CV3B1503 DEFENDANT/RESPONDENT; Michael Delmonico 11. Insurance a. E Insurance mrrier, if any, for party filing this statemem (name): b. Reservation of rights: m Yes D No c. D Coverage issues will signifimnfly affect resolution of this mse (explain): 12. Jurisdiction lndimte any matters that may affect the court's jufisdicfion or pmcesing of this mse and desuibe the status.E Bankmptcy E omer (specify).- Status: 13. Related mses. consolidation, and coordination a. E There are companion, undedying, or reiated wses. (1) Name of mse: (2) Name ofoourt (3) Case number: (4) Status:D Additional cases are described in Attachment 133. b. E A motion to E consondate E coordinate will be filed by (name party}: 14. BifurmfionE The party or parties intend to file a motion for an order bifurcafing, severing, or coordinating the following issues or causes of action (specify moving party, type ofmofion, and reasons): 15. Other motions The party 0f games exped to fie the foflowing motions before filial {spedfy mailing party, type ofmotion, and issues): Defendant as file a Petition to Compel Binding Arbitrahon. ‘lhe hearing date has been set for September 21, 2021 at 9:00 AM in Department 7 16. Discovery z a.E The party or parties have oompieted all discovery. b. E The following discovery win be oompieted by me date specified (describe an anticipated discovery):m Dampflon w c, E The following discovery issues, including issues regarding the discovery of electmnimfly stored information, are anticipated (specify): cm-11n[Rev.Juy1,m111 CASE MANAGEMENT STATEMENT ”9° ‘ “'5 CM-110 PLAINHFFIPErmONER- Travis H. Whitfield “SEW 21CV381 503 DEFENDANT/RESPONDENT: Mimae' Damon“ 17- Economlc litigation a. This is a limited dvil case (i.e., the amount demanded is $25,000 or iess) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to fl1is muse. b.E This is a limited civil wse and a motion to withdraw the mse from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation pmcedures relating to discovery or tn'a! shouId not apply to this case): 18. Other issues E3 The party or pafljes request that the following additional matters be considered or determined at the case management conference (specify): Defendant has filed a Petition to Compel Binding Arbitration, The hearing date has been set for September 21, 2021 at 9:00 AM in Department 7. 19. Meet and confer a.E The patty or parties have met and conferred with al! parties on all subjects required by rule 3.724 of the California Rules of Court flf not. explain): 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 fifany): l am oompIetely familiar with this wse and will be fuliy prepared to diswss the status of discovely and alternative dispute resolution, as well as other issues raised by this statement. and will possess the authon'ty to enter into stipulafions on these issues at the time of the wse management conference, including the written authority ofme pany where requited. f Date: July 28, 2021 Michael Delmonico D (TYPE OR PRINT NAME) ’ (SEMATURE OF PARTY ORAWORNEY) (SlGNATURE 0FPWm ATTORNEY)E Add'rtionai signatures are attached.(TYPEORPRLNTMAME) CM-110 [REE Jtdy 1, 2011] CASE MANAGEMENT STATEMENT Pages ofs