case management statement

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Sar number, end address) Peter W. Daniel„Esq, VIOLA LAW FIRM, P.C. 441 First Avenue/P.O. Box 1290 San Mateo, CA 94401 TELEPHoNE NO (650) 343-6400 FAx No(opaonai) (650) 342-6854 E-MAIL ADDREss (oplonal). IVicla@ViulaW.COm ATTORNEY FOR (Name) Plaintiff, ROMAN GOSIN SUPERIDR coURT QF cALIFQRNIA, coUNTY QF SAN FRANCISCO sTREETADDREss 400 McAllister Street MAtLINGADDREss 400 McAllister Street OITYANDzlpcoDE San Francisco,CA 94102-4514 BRANcH NAME UNLIMITED CIVIL DIVISION PLAINTIFF/PETITIONER: ROMAN GOSIN FOR COURT USE ONLY CM-110 DEFENDANT/REsPQNDENT: SUMMER SARDINHA ('ASK MANA( KMKNT S~KITIIT ANIl T,TMTTKTT ORTKCTTOIvv TO TRTA1, SKi,TTTN( ORTTKR. CASE MANAGEMENT STATEMENT cbsENUMBCR (Check one): ~ UNLIMITED CASE ~ LIMITED CASE CGC-19-576182 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 12/4/19 Time: 10:30 am Dept.: 610 Address of court (if different from the address above): Dive Room: ~ Notice of Intent to Appear by Telephone, by (name): Peter W. Daniel, Esq., 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)( Plaintiff, ROMAN GOSIN b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (io be answered by plaintiffs and cross-comp/ainan(s only) a. The complaint was filed on (date): 5/23/2019 b. ~ The cross-complaint, if any, was filed on (dale); 3. Service (to be answered by plaintiffs and cross-compiainants only) a. Q3 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 exp/ain 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 ofinvolvementin case, and the date by which they may be served): 4. Description of case a. Type of case in ~ complaint ~ cross-complaint (Describe, including causes of action): Pedestrian Plaintiff Struck by Motor Vehicle Driven by Defendant. Page \ or S Cal Rules of Court, rules 3 720 3 730 mmv coons ca govCCI3~mm F3FDrms Judiaal Councs of California CM-110 IRev July I, 2011) Gosin, Roman THIS STATEMENT INCLUDES A LIMITED OBJECTION TO THE COURT'S TRIAL SETTING ORDER ISSUED NOVEMBER 18, 2019. See Item 18 on Page 4. Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 11/22/2019 Clerk of the Court BY: ANGELICA SUNGA Deputy Clerk PLAINTIFF/PETITIONER:ROMAN CJOSIN DEFENDANT/RESPONDENT: SUMMER SARDINHA CASE NUMBER CGC-19-576182 CM-110 b. Provide a brief statement of the case, including any damages. (I/personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date (indicaie source and amount), estimated future medical expenses, Iosi earnings io date, and estimated future lost earnings. If equitable relief is sought, descnbe Ihe nature of 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 the Defendant. Plaintiff suffered serious injuries to his left leg and was in the hospital for four (4) months. ~ (If more space is needed, check this box and attach a page designated as Attachment 45.) Jury or nonjury trial The party or parties request ~ a jury 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 noi, explain); c. Dates an which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): January and February 2020; April 15, 2020 Estimated length of trial The party or parties estimate that the trial will take (check one): a. [Q days (specify number): 3 b. ~ hours (short causes) (specify): Trial representation (io 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 described in Attachment 8. ~ by the following: 9. 10. Preference~ This case is entitled to preference (specify code section): CCP 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 Ciwl 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 IRev July 1, 2011I ('r+'ssential m.mm r3Fomrs'ASE MANAGEMENT STATENIENT Gosin, Roman Page 2 of 0 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// /ha/ app/y and provide the specified informs//on): The party or parties completing this form are willing to participate in the following ADR processes (check a// that app/y): 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 o/the pair/es'ADR stipu/ation): (1) Mediation ~ Mediation session not yet scheduled ~ Mediation session scheduled for (da/e): ~ Agreed to complete mediation by (date): ~ Mediation completed on (da/e): (2) Settlement conference ~ Settlement conference not yet scheduled ~ Settlement conference scheduled for (da/e): ~ Agreed to complete settlement conference by (date): ~ Settlement conference completed on (date): (3) Neutral evaluation ~ Neutral evaluation not yet scheduled ~ Neutral evaluation scheduled for (dale): ~ 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 (da/e): ~ Agreed to complete judicial arbitration by (date) ~ Judicial arbitration completed on (date): (6) Binding private arbitration ~ Private arbitration not yet scheduled ~ Private arbitration scheduled for (date): ~ Agreed to complete private arbitration by (date): ~ Private arbitration completed on (dale): (6) Other (specify); ~ ADR session not yet scheduled ~ ADR session scheduled for (dale); ~ Agreed to complete ADR session by (date): ~ ADR completed on (date): CM-110 IRey July 1, 2011] ( nL[3'ssential cey.corn l,UFO 1$ CASE MANAGEMENT STATEMENT Gosin Roman Pege 3 of 5 PLAINTIFF/PETITIONER:ROMAN GOSIN DEFENDANT/REsPQNDENT: SUMMER SARDINI-IA CASE NUMBER CGC-19-576182 CM-110 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (nsme): b. Reservation of rights; ~ Yes ~ No c. Cl 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 parly 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 motions~ The party or parties expect to file the following motions before trial (specify moving party, iype of motion, snd issues): Motion for Trial Preference per TCP 36(a) Elderly Plaintiff (80 Yrs). 16. Discovery a. ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (describe ail anticipated discovery): ~Part Descriotion Date Plaintiff Plaintiff Plaintiff Interrogatories Deposition of Defendant Subpoena Medical Records 2/2/20 2/2/20 TBD c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IRev July 1, 2011I ( i~P; I Essential j Fp Forms CASE MANAGEMENT STATEMENT Gosin, Roman Page 4 ef 5 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.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. ~ 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. Otherissues Q3 The party or parties request that the following additionalmatters be considered or determined at the case management conference (specify): LIMITED OBJECTION TO TRIAL SETTING ORDER: PLAINTIFF IS 80 YEARS OLD. PURSUANT TO CCP 36(a), PLAINTIFF REQUESTS A TRIAL DATE IN APRIL 2020 OR MAY 2020, IF POSSIBLE. IF NOT, THEN PLAINTIFF IS PREPARED TO ACCEPT A TRIAL DATE OF NO LATER THAN JUNE 87 2020. 19. Meet and confer a. Q3 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 nof, 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): 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: November 22, 2019 Peter W T7nnipl (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) ~ Additional signatures are attached. CM110 IReu. July1,2011) ( LcF, Essential//Forms. CASE MANAGEMENT STATEMENT Gosin, Roman Page 5 of 5 I Case Name: Court Name: 2 Case Number; In Iie Gosin v. Sardinha Unified Courts of California-County of San Francisco CGC-19-576182 PROOF OF SERVICE [C.C.P. $ 1013, C.R.C. Ij2008, F.R.C.P. Rule 5] I, the undersigned, say: 6 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, 7 California and my business address is 441 First Avenue, San Mateo, California, 94401-1290. 10 On November 22, 2019, I caused the following documents: CA SE MANA GEMENT STA TEMENTAND LIMITED OBJECTION TO TBIAL SETTING ORDER to be served on the following interested parties in the above-entitled action at the address indicated: I 2 State: 13 Matthew D. Barnette, Esq. CARBONE, SMITH & KOYAMA 14 555 12'" Street, Suite 1250 Oakland, CA 94607-4095 15 ~*COURTESY COPY SENT VIA EMAIL TO Matthew.Barnette@csaa.corn 16 17 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 18 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 19 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 20 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 21 which it was placed at Viola Law Firm for deposit. I understand that, upon motion of a paity served, service pursuant to C,C.P., tj 1013, subd. (a)(3) shall be presumed invalid if the postal 22 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., f 1013, subd. (a)(3).) 23 24 I declare under penalty of perjury under the law of the foregoing is true and correct, and that this declaration was t d 25 Mateo, California on November 22. 2019. State of California that the S Mateo, County of San 26 27 Name: Liz Levine Signature: 28 PROOF OF SERVICE