case management statement

Cal. Super. - 1st Dist.October 5, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Nemo, Stele Ber number, end eddreee): John P. Cotter ~ Jennifer L. Hippo SBN: 158783 j 222219 DIEPENBROCK & COTTER LLP 1435 River Park Drive, Suite 400 Sacramento, CA 95815 TELEPHQNE No.: (916) 565-6222 FAx NO, (Optional):(916) 565-6220 E.MAIL ADDRESS (op(encl):JpC diepenbrOCkCOtter.COm ~ j lh@diepenbrOCkCOtter.COm ATTORNEY FoR (Name): Michael O'Shaughnessy, Michael O'Shaughnessy Construction, Inc., and Jul SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO sTREET ADDREss:400 McAllister Street MAILING ADDREss400 McAllister Street GITY AND zIP coDE: San Francisco, 94102 SRANcH NAMe Civic Center Courthouse FOR COURT fJSG ONLY . CM-110 PLAINTIFF/PETITIONER: Oneida Alarcon, et al. DEFENDANT/RESPONDENT: Julio Alfaro Corrales, et al. CASE MANAGEMENT STATEMENT (Check one): ~X UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: CGC-18-572295 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:February 19, 2020 Time: 10:30 a.m. Dept.:610 Address of court (if different from the address above): Div.: Room: ~X Notice of Intent to Appear by Telephone, by (name): Jennifer L. Hippo INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~ This statement is submitted by party (name): b. ~X This statement is submitted jointly by parties (names): Michael O'Shaughnessy, Michael O'Shaughnessy Construction, Inc., and Julio Alfaro Corrales 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. ~ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-corn plainants only) a. H Ail parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and explain why not): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of case a. Type of case in ~X complaint accident. cross-complaint (Describe, including causes of action): Motor vehicle Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011I CASE MANAGEMENT STATEMENT P e1ofs Cal. Rules of Court, rules 3.720-3.730 vrvnv.court@ca.gov WI5tlsw Deca Form Bubbler ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 01/29/2020 Clerk of the Court BY: VANESSA WU Deputy Clerk PLAINTIFF/PETITIONER: Oneida Alarcpn, et al. DEFENDANT/RESPONDENT: Julio Alfaro Corrales, et al. CASE NUMBER: CGC-18-572295 GM410 4. b. Provide a brief statement of the case, including any damages. (Ifpersona(injury damages are sought, specify theinjury 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 reliefis sought, describe the nature of the relief) Plaintiffs'ere rear ended by a vehicle that was rear ended by Defendant's vehicle. Plaintiffs're claiming soft tissue injuries and need for surgical intervention. (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 ~X a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party requesting ajury trial): 6. Trial date a. ~ The trial has been set for (date): b. CK 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): c. Dates on which parties or attorneys will not be available for trial (specr'fy dates and explain reasons for unavailability): See attachment 6.c. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a, ~~ days (specify number): 10-14 b. ~ hours (short causes) (specify); 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~X by the attorney or party listed in the caption ~ by the following: a. Attorney: b. Firm: c, Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference 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 lX has C] has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the dient. (2) For self-represented parties: Party C3 has E3 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ~ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ 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) ~ 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. (specr'fy exemption): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page2of S PLAINTIFF/PETITIONER: Oneida Alarcon, et al. EFENDANT/RESPONDENT: Julio Alfaro Corrales, et al. CASE NUMBER: CGC-18-572295 CM-110 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 palticipated in (check ali that apply and provide the specifiedinfoimation): 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'AOR stipulation): (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); (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 arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 lRev. July 1, 201 ll CASE MANAGEMENT STATEMENT Page 3of 5 PLAINTIFF/PETITIONERQneida Alarcon, et al. DEFENDANT/RESPONDENT1ulio Alfaro Corrales et al. CASE NUMBER: CGC-18-572295 11. Insurance a. ~X Insurance carrier, if any, for party filing this statement (name):National General Insurance, Co. b. Reservation of rights: ~ Yes ~X No c. ~ 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.~ Bankruptcy ~ Other (specity): Status: 13. Related cases, consolidation, and coordination~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. ~ A motion to C] consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specffy 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 of motion, andissues): Date 02/2020 05/2020 08/2020 16. Discovery a. ~ The party or parties have completed all discovery. b. ~X The following discovery will be completed by the date specified (describe all anticipated discovery): ~pa ~Descn ficn Defendant Written Discovery Defendant Party Depositions Defendant Medical Examinations ~ The following discovery issues, induding issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IRev. July 1, 2011I CASE MANAGEMENT STATEMENT Page4of 5 PLAINTIFF/PETITIONER. Oneida Alarcon, ct al. DEFENDANT/RESPONDENT. Julio All'aro Corralcs, ct al. CASE NUMBER CGC- I tf-572295 CM-110 17. Economic litigation a. ~ This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Ciwl Procedure sections 90-98 MR)i apply to this case. b ~ 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 sperxficarly why economic lirigafion procedures relating lo discovery or Irial should not app/y to this case). 18. Other issues~ 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, ~X The party or parties have met and conferred with all parbes 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 (spec)fy): 20. Total number of pages attached (if any) I I 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: January 29, 2020 Jennifer L. Hi o O'YPE OR PRINT NAMEI GNATURE ARTY OR ATTO EY) ITYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ditional signatures are attached. CM-110 IRF Jolr I 2011) CASE MANAGEMENT STATEMENT Pog 5 5 of 5 SHORT TITLE: ALARCON v. CORRALES CASE NUMBER: C6C-18-572295 MC-025 ATTACHMENT (Number): 6.c. (This Attachment may be used with any Judicial Council form.) Attorney is unavailable on the following dates due to trials on other matters or other vacations and seminars: DATE VENUE 2/18/20 3/10/20 3/16/20 3/17/20 3/23/20 4/13/20 5/4/20 7/8/20 8/10/20 9/9/20 9/14/20 9/28/20 10/7/20 11/10/20 12/9/-12/11/20 Alameda Solano San Bernardino Sacramento Solano San Francisco San Mateo Tehama San Joaquin Nevada San Joaquin San Mateo Nevada Sacramento ACD-61" Annual Meeting (lf the item that this Attachment concerns is made under penalty of perjury, all statements in this Attachment are made under penalty of perjury.) Page~ of 6 (Add pages as required) Form Approved for Optional Use Judicial Council of California MC-025 [Rev. July 1, 2009I ATTACHMENT to Judicial Council Form www.couriinfo.ce.goff wlutlaw Doc 8 Form BALder Oneida Alarcon et al. v. Corrales. et al. San Francisco County Superior Court Case No.: CGC-18-572295 PROOF OF SERVICE CCP 8 1012, 1013 2015.5; CRC, Rules 2.306, 2.251 I, the undersigned, declare that: I am employed in lhc County of Sacramento, State of California. I am over 18 years of age and not a party to the within action; my business address is 1435 River Park Drive, Suite 400, Sacramento, California 95815. On the indicated date below, I served the following document(s) described as: CASE MANAGEMENT STATEMENT 10 12 13 14 15 16 17 XXX BY MAIL: I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practices for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with thc United States Postal Service, in a scaled cnvclope with postage fully prepaid. BY MESSENGER SERVICE: I served the documents by placing them in an envelope or package addressed to the person(s) at the addresses listed below and providing thcin to a prol'essional messenger for service. (An additional Proofof I'ersonol Service willfollow fi om said nressenger). BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an overnight deliveiy carrier and addressed to the person(s) at the addresses listed below. I placed the envelope or package for collection and overnight deliveiy at an office or a regularly utilized box of the overnight deliveiy carrier. BY ELECTRONIC SERVICE: Pursuant to California Rules of Court 2.251 I electronically served those documents listed and enumerated above. Each document refmcnccs the electronic name of the file that was transmitted, Electronic seiwice was completed to the electronic address listed below. My electronic service address is: cries a dic icnbrockcotter.corn. Electronic seivice was completed prior to 11:59 p.m. (PST). 19 On the following interested parties in this action: 20 21 22 23 24 25 Benjamin D. Swanson Zancta Conroy THE SWANSON LAW GROUP 31824 Village Center Road G-Unit Westlake Village, CA 91361 T: (818) 852-7300 I F: (818) 852-7298 E: bcn r theswansonlatvnrou scorn I zaneta thcsv, ansonlaw rou .com ATTORNEY FOR PLAINTIFF I declare under penalty of perjury under thc laws of the State of California that the foregoing is tate and correct. Executed on January 29, 2020 cramento, tforn'7 ERIC M. BAKER PROOF OF SERVICE