case management statement

Cal. Super. - 1st Dist.August 28, 2020

AT I ORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and addressi Peter W. Daniel„Esq. SBN 179107 VIOLA LAW FIRM, P.C. 441 First Avenue/P.O. Box 1290 San Mateo, CA 94401 TELFPHONF. NO (650) 343-6400 FAx NO (optonaff (650) 342-6854 E MAIL ADDRESS fopttonati jviolacrdviolaw.con1 Ai ToRNEY FoR FNamei Plaintiff, ROMAN GOSIN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO sTREETADDREss 400 McAllister Street MAILING ADDREss 400 McAllister Street cITYANozlpcoDE San Francisco,CA 94102-4514 BRANcH NAME UNLIMITFD CIVIL DIVISION PLAINTIFF/PETITIQNER. ROMAN GOSIN FOR COURT USE ONLY CM-110 DEFENDANT/RESPONDENT. SUMMER SARDINHA CASE MANAGEMENT STATEMENT (Check one): ~ UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows Date: 10/23/19 Time: 10:30 am Dept.: 610 Address of court (if different from the address above): CASE NUMBER CGC-19-576182 Divd Room: Notice of Intent to Appear by Telephone, by (name)7 Peter W. Daniel, Fsq., for Plaintiff, Roman Gosin 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).'latntiff, ROMAN GOSIN b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-comp/ainants only) a The complaint was filed on (date) 5/23/2019 b. ~ The cross-complaint, if any, was filed on (daie): Service was completed on 9/20/19 after Defendant avoided service for several weeks. 3 Service (ro be answered by piainiiffs and cross-compiainants only) a. ~ All 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 of involvement in case, and the date by which they may be served): ak Description of case a. Type of case in Qg complaint ~ cross-complaint (Describe, inc/uding causes of action): Pedestrian Plaintiff Strucic by Motor Vehicle Driven by Defendant. FormAdopted for Mandatoryuse F, . CASE MANAGEMENT STATEMENTJudictal Council of Cal forriia ( &~[3'SSerltialCM-110 IRev July 1. 2011l B tom =IFOrme'osin, Roman Page I of 5 Cal Rules of Court r les 3 720-3730 ivww courts ca go ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 10/03/2019 Clerk of the Court BY: MARIA OLOPERNES Deputy Clerk PLAINTIFF/PETITIONER:ROMAN GOSIN DEFENDANT/RESPONDENT: SUMMER SARDINJIA CASE NUMBER CGC- j 9-576182 CM-110 b. Provide a brief statement of the case, including any damages. (If personal in)ury damages are sought, specify the injury and damages claimed, inc/uding medical expenses to date (indicate source and amount), estimated future medical expenses, lost earnings lo date, and estimated future lost earnings. If equitable relief is sought, describe the nature af the relief) On 12/28/18, after visiting his sick wife in the hospital, Plaintiff was crossing the street inside the crosswalk at Buchanan & Clay in San Francisco when he was hit by a car driven by lhe Defendant, Plaintiff suffered serious injuries to his left leg and was in the hospital for four (4) months. 5. ~ (lf mare space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request ~ a iury trial ~ a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. ~ The trial has been set for (date): b. ~ 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 (specify dates and explain reasons for unavailability): January and Februaty 2020; May 12-23, 2020. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~ days (specify number): 3 b. ~ hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial ~ by the attorney or party listed in the caption a. Attorney: b. Firm: c. Address. d Telephone number: f. Fax number: e. E-mail address: g Party represented:~ Additional representation is descnbed in Attachment 8. C3 tiy the fallowing; 10. Preference~ This case is entitled to preference (specify code section): TCP 36(a) Elderly Plaintiff (80 Yrs) 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 ~ 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. Party ~ has ~ 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 of 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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 IRey July 1, 20111 [3' Essential ees.corn ' = 1 F t'nlS'ASE MANAGEMENT STATEMENT Gosin, Roman Peoe 2 of 5 PLAINTIFF/PETITIONER:ROMAN GOSIN DEFENDANT/RESPONDENT: SUMMER SARDINHA CASE NUMBER CGC-19-576182 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 participated in /check a/l that app/y and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check a// tha( 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'DR 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) 1 (5) Binding private arbitration ~ Pnvate arbitration not yet scheduled ~ Private arbitration scheduled for (date): ~ Agreed to complete private arbitration by (dale): Cl Private arbitration completed on (dats): (6) Other (specify): ~ ADR session not yet scheduled ~ ADR session scheduled for (date): ~ Agreed to complete ADR session by (date): ~ ADR completed on (dale): CM-110 [Re July 1 2011I ( ng'ssential«ety«em,e'Forms CASE MANAGEMENT STATEMENT Gosin, Roman Peg 3015 PLAINTIFF/PETITIONER. ROMAN GOSIN DEFENDANT/RESPONDENT SIJMMER SARDINIIA CASE NUMBER CGC-19-576182 CM-110 11. Ins ura nce a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: ~ Yes ~ 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 (specify) Status: 13. Related cases, consolidation, and coordination a. ~ 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 ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, sevenng, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (spec//y moving party, type of motion, and issues): Motion for Trial Preference per TCP 36(a) Elderly Plaintiff (80 Yrs). t 6. Discovery a, ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (describe a// anticipated d/scove/y): ~Part Descriotion Date Plaintiff Plaintiff Pl ainti I' Inten ogatories Deposition o('Defendant Subpoena Medical Records 12/20/19 12/20/19 TBD c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (speci/y): CM.110 IRev 4 121. 2011I ( 1 g'ssential &eb,oom 14IFOi'nia CASE MANAGEMENT STATEMENT Gosin, Roman P geeofg PLAINTIFF/PETITIONER: ROMAN GOSIN DEFENDANT/RESPONDENT: SUMMER SARDINHA CASE NUMBER. CGC-19-576182 CM-110 17. Economic litigation a. ~ This is a limited civil case (i.eu 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. ~ 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 specifical/y why economic litigation procedures relating to discovery or trial should nof apply lo 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. ~ 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 (i(not, explain): Defendant avoided service for several weeks. Plaintiffs counsel conferred with the insurance representative but that representative was not given authority to accept se(vice or provide information key to settlement. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify).'0. Total number of pages attached (if any): 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; October 2, 2019 Peter W F)nniet (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) ~ Additional signatures are attached. CM-110 (Rev July I, 2011( QIL[3'ssential «eb.«om pJFOI'ma CASE MANAGEMENT STATEMENT Page 6 of 6 Gosin, Roman Case Name: Court Name: Case Number: In Re Gosin v. Sardinha Unified Courts of California-County of San Francisco CGC-19-576182 PROOF OF SERVICE [C.C.P. $ 1013, C.R.C. $2008, F.R.C.P. Rule 5] I, the undersigned, say: I am, and was at the time of the service hereinafter mentioned, over the age of 18 years and not a party to the above-entitled action. I am employed in the County of San Mateo, California and my business address is 441 First Avenue, San Mateo, California, 94401-1290. On October 3, 2019, I caused the following documents: CASE MANA GEMENT STA TEMENT 10 11 12 13 14 to be served on the following interested parties in the above-entitled action at the address indicated: State: Summer Sardinha 1641 Washington Street Santa Clara, CA 95050 15 16 17 18 19 20 21 XX BY FIRST-CLASS MAIL: I caused such document(s) to be served by placing for collection and deposit in the United States mail a copy of the document(s) at Viola Law Firm, 441 First Avenue, San Mateo, County of San Mateo, California, in a sealed envelope, with postage fully prepaid, addressed to each of the above-referenced individuals. I am familiar with the practice of Viola Law Firm for the collection and the processing of correspondence for mailing with the United States Postal Service. In accordance with the ordinary course of business, the above-mentioned document(s) would have been deposited with the United States Postal Service on the above-mentioned date, the same day on which it was placed at Viola Law Firm for deposit. I understand that, upon motion of a party served, service pursuant to C.C.P., $ 1013, subd. (a)(3) shall be presumed invalid if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained in the affidavit. (C.C.P., tj 1013, subd. (a)(3).) 22 23 24 25 26 I declare under penalty of perjury under the law of the State of California that the Name: Liz Levine foregoing is true and correct, and that this declaration was executed in San Mateo, County of San Mateo, California on October 3. 2019. ('i) '& j 27 28 PROOF OF SERVICE