Statement Case Management ConferenceCal. Super. - 6th Dist.April 1, 202121 CV381 539 Santa Clara - Civil Syscmsvmm ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Simran Kaleka , Esq . [3 1 8 84 1] Electronically Filed BANAFSHEH DANESH & JAVID, PC - 9 7 0 1 Wi 1 shire Blvd. 12 th Floor by S”pe"°r cw” °f CA’ Beverly Hills, CA 90212 C°unty °f santa C'ara’ TELEPHONEN0.: (310) 887-1818 FAXNo.(0ptiona/): (310) 887-1880 on 8/5/2021 12:33 PM E-MAIL ADDRESS (Optional): Sk@bhattorneys . com RGViewed By: system system ATTORNEY FOR (Name): P l aint i f f case #21 CV381 539 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 7003957 STREET ADDRESS: l 9 l North F i I‘S t S t . MAILING ADDRESS: l 9 l North F i JCS t S t . CITYANDZIPCODE: San JOSE, CA 95113 BRANCH NAME: DOWNTOWN COURTHOUSE PLAINTIFF/PETITIONER: Ros a M . Cas tro , an individual DEFENDANTWRESPONDENT: WennyImL an individual; RawmmmiCheh, an individual; and DOES 1 to 20, inclusive CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): fl UNLIMITED CASE D LIMITED CASE 2 1CV3 8 1 5 3 9 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August lO , 2 02 l Time: 2 : 15pm Dept.: 7 Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): S imran Kal eka , Esq . INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): Rosa M . Cas tro 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): Apri l l , 2 02 l b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. m The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): Plaintiff humbly requests this Court to provide additional time to serve Defendants. (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 the date by which they may be served): 4. Description of case a. Type of case in m complaint D cross-complaint (Describe, including causes of action): GENERAL NEGLIGENCE; MOTOR VEHICLE Page 1 of 5 Form Adopted for Mandatory Use , . Cal. Rules of Court, Judicial Council of California C-EB Essentlal CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 10 [Rev. July 1, 201 1] “ham EFoms- www.coun‘s.ca.gov caStI‘O, R088. M. CM-11O DEFENDANT/RESPONDENT: Wenny Lu, an individual; Raymond Cheh, PLAINTIFF/PETITIONERERosa M. Castro, an individual CASE NUMBER: 2 lCV3 8 l 5 3 9 an individual; and DOES l to 20, inclusive 4. b. Provide a brief statement of the case, including any damages. (prersonal 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 l, 2019 , Plaintiff was traveling on US-lOl in the City of Gilroy, CA, and stopped at a red traffic light ahead, when a vehicle owned by Defendant Wenny Lu and driven by Defendant Raymond Cheh, traveling at a high rate of speed, caused a collision when Defendant Raymond Cheh failed to stop and collided with the rear of Plaintiff ' s vehicle resulting in inj uries and damagesD (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 m a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. m No trial date has been set. This case wi|| 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 wi|| not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. m 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 m by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:D Additional representation is described in Attachment 8. 9. PreferenceD 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: Counsel 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 seIf-represented parties: Party D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under of 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 .1 1. (3) D 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): CM-Ho [Rewuly 1, 20111 CASE MANAGEMENT STATEMENT PageZofs ' Essential SEE! Em' Castro, Rosa M. CM-11O an individual; PLAINTIFF/PETITIONERERosa M. Castro, an individual DEFENDANT/RESPONDENT: Wenny Lu, an individual; Raymond Cheh, and DOES l to 20, inclusive CASE NUMBER: 21CV381539 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 pan‘ies'ADR stipulation): m Mediation session not yet scheduled D Mediation session scheduled for (date): (1) Mediation E D Agreed to complete mediation by (date): D Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement m D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D 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 D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-11o [Rev. July 1, 201 1] CEB‘ Essential ceb.com Em- CASE MANAGEMENT STATEMENT Page 3 of 5 Castro, Rosa M. CM-11O DEFENDANT/RESPONDENT: Wenny Lu, an individual; Raymond Cheh, PLAINTIFF/PETITIONER:Rosa M. Castro, an individual CASENUMBER: 21CV381539 an individual; and DOES l to 20, inclusive 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D 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 wi|| be filed by (name party): 14. BifurcationD 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 motionsD 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. E The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Plaintiff Written Discovery October 2021 Plaintiff Depositions DemmberZOZl Plaintiff Expert Discovery Early 2022 c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-Ho [Rewuly 1, 20111 CASE MANAGEMENT STATEMENT Page4of5 CEB‘ Essential cammiaEEES Castro, Rosa M. CM-11O PLAINTIFF/PETITIONER: Rosa M. Castro, an individual CASE NUMBER: 21CV381539 DEFENDANT/RESPONDENT: Wenny Lu, an individual; Raymond Cheh, an individual; and DOES l to 20, inclusive 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 issuesD 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. D 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): 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. Date: 07/21/2021 Simran Kaleka, Esq- ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-11o [Rewuly 1,2011] CASE MANAGEMENT STATEMENT PageSofs CEB‘ Essential ceb.com Em- Castro, Rosa M.
