plaintiffs case management conference statement

Cal. Super. - 1st Dist.December 29, 2020

ATTORNEY OR PARTY WITHOUT ATTORNEY /Nmne. Blare Bar number end address/ David C. Anderson, Esq., SBN 83146 Anderson Law 591 Redwood Fiwy., Building 4000, Mill Valley, CA 94941-3039 TELEPHONE NOJ 415-395-9898 FAX NO. /OPdmlefb E.MAIL ADDREss foddnaNA ATroRNEY FDR w nwr Plaintiff Brian Riley sUPERIDR coURT oF cAUFDRNIA, coUNTY oF San Francisco sTREETADDREss. 400 McAllister Street MAILING ADDRESS: c~ANDzIPcoDE: San Francisco, CA 94102 BRANCH NAME: PLAINTIFF/PETITIQNER: Brian Riley DEFENDANT/REsPQNDENT: Sarah Ryan, et al. CASE MANAGEMENT STATEMENT (Checir one): C~3 UNLIMITED CASE H LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) POR COURTUSE ONLY CASE NUMBER: CGC-19-577988 CM-110 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 8, 2020 Time: 10:30AM Dept.: 610 Address of court (if different from the address above)I Div.: Room; Notice of Intent to Appear by Telephone, by (name)7 David C. Anderson, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified informafion must be provided. 1. Parly or parties (answer one): a. ~d This statement is submitted by party (name): Plaintiff Brian Riley b. C3 This statement is submitted jointly by parties (names): 2. Complaint and crosswomplaint (to be answe/ed by p/a/nf/ffs snd cmss-comp/s/nen/s only) a. The complaint was filed on (dele): 7/29/1 9 b. ~ The cross-complaint, if any, was filed on (dere): 3. Service (to be answered by p/aini//fs end cmss-comp/einan/s only) a. ~d Afi parsee named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. C3 The following parties named in the complaint or cross-complaint (1) ~ have not been served (speci/y names end exp/Sin why nor): (2) M have been served but have not appeared and have not been dismissed (specify names): (3) M have had a default entered against them (specify names): c. ~ The following additional parties may be added (speci/'y nsmeS, nature of invalvement in case, and date by which they may be served): 4. Description of case a. Type of case in K complaint C3 cross-complaint (Descnbe, including causes of action): Personal injury, pedestrian vs, motor vehicle Form Adopted for Mandalory Use Judlnel Counul ol Csli7omia OM-110 IReu. July I, 2011I CASE MANAGEMENT STATEMENT Pass 1 of a Cel. Rules of Coun. rules 3.720-3 730 www sorrrlnos PoY ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 03/13/2020 Clerk of the Court BY: MADONNA CARANTO Deputy Clerk PLAINTIFF/PETITIONER: Brian Riley DEFENDANT/RESPONDENT: Sarah Ryan, et al. CASE NUMBER'GC-19-577988 CM-110 b. Provide a brief statement of the case, induding any damages. (Ifpersona/ injury damages sre sought, specify the injury and damages c/e/med, inc/uding medics/ expenses to ds/e (indicate source and amount), estimated futum medica/ expenses, lost earnings to date, end est/ms/ed future lost earnings. If equitable relief is sought, descnbe the nature of the relief) On 2/1 3/1 9, at 8:15 am, plaintiff Riley was walking N. on Clay St between Montgomery & Sansome, in SF when he was hit by defendant driving a Prius and who did not have the right-of-way. He was hit, thrown into the air, landed on def's car, and rolled off suffering injuries to his left shoulder. (if more than one party, provide the name of each party (ifmom space is needed, check bxs box and attach e page designated as A/tschmsnt 4b.) Jury or nonjury trial The party or parties request CJ3 a jufy trial C] a nonjury trial. requesting ajury tna/): Trial date a. ~ The blal has been setfor (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 (i/ not, explain): c. Dates on which parties or attorneys will not be available for trial (speci/y dares and exp/sin reasons for unevai/abi/i/y): 2020 Trials: 5/11; 7/1 3; 11/10; 12/20. 2021 Trials: 1/21; 3/29. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~v days (speci/y number): 5-7 b. C3 hours (short causes) (speci/y): Trial representation (to be answered for each party) The party or parties will be represented at trial ~v by the attorney or party listed in the caption ~ by the following: a. Attorney: b. Finn: c. Address: d. Telephone number. f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR infonnagon package. Please note that dilferent 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 C~3 has C3 has not provided the ADR information package identised in rule 3.221 to the dient and reviewed ADR options with the client. (2) For self-represented parties: Party E3 has C3 has not reviewed the ADR information package idenMed in rule 3.221. b. Refenal to judicial arbitragon 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 ot Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory Itmlt. (2) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount speciaed in Code of Civil Procedure section 1141.11. (3) ~v 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. (specify exemption): Amount in controversy exceeds jurisdictional limits CM-110[Rof tulr1,2011) CASE MANAGEMENT STATEMENT Poso 1 of 0 PLAINTIFF/PETITIONER: Brian Riley EFENDANT/RESPONDENT: Sarah Ryan, et al. ! CASE NUMEEll CGC-19-577988 1(L 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 (chsck all that apply snd provide the specified information): The party or parties completing this form are willing to partidpate 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'DR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (dsfe): Agreed to complete mediation by (date): Mediabon completed on (dale): (2) Settlement conference GQ Settlement conference not yet scheduled C7 Settlement conference scheduled for (dale): Agreed to complete settlement conference by (date): Settlement conference completed on (dale): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): Agreed to complete neutral evaluabon by (dale): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): C7 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 (dale): (8) Other (specify): C3 ADR session not yet scheduled ADR session scheduled for (dale): Agreed to complete ADR session by (date): ADR completed on (dsfe): CM-11 0 Sluu. July 1, 20M i CASE SIANAGEMENT STATESIENT PLAINTIFFJPETITIQNER: Brian Riley DEFENDANTIRESPONDENT: Sarah Ryan, et al. 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: H Yes H No c. C3 Coverage issues will significantly affect resolution of this case (explain). CASE NUMBER: CGC-19-577988 Csfi 110 12. Jurisdicfion Indicate any matters that may affect the court's jurisdiction or processing of this case and descdbe the status.~ Bankruptcy H 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 descdbed in Attachment 13a. b. H A motion to H consolidate H coordinate will be filed by (name party): 14. Bifurcation~ 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 part, type of motion, snd reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, snd issues): 16. Discovery a. ~ The party or paries have completed afi discovery. b. ~ The following discovery will be completed by the date specified ~Pa Descriotion Plaintiff Written Discovery Plaintiff Depositions Plaintiff Expert Discovery (describe e/I anticipated discovery): Date June 2020 August2020 Per Code c ~ The following discovery issues, induding issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Reu July 1, 2D11) CASE MANAGEMENT STATEMENT fufsu 4 ur 4 PLAINTIFF/PET)TIQNEPUI Brian Riley DEFENDANT)REspoNOENT. Sarah Ryan, et al. CASE NUMBER: CGC-19-577988 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 specNcally why economic litigation procedures re)Bring fo discovery or trial should nof apply 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. M The party or paries have met and conferred with all parfies on all subjects required by rule 3.724 of the California Rules of Court (ifnof, 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 sny): 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, induding the written authority of the party where required. Date: March 13, 2020 David C. Anderson, Esq. nYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) nYPE OR PRINT NAME) (SIGNATURE OF PAR1Y OR ATTORNEY)~ Addibonal signatures are attached. cM-I ID )Rev. Jolr 1,2011] CASE MANAGEMENT STATEMENT Page S af S I Riley v. Ryan, et al. San Francisco Superior Court Case No. CGC-19-577988 PROOF OF SERVICE 3 [C.C.P. f 1013, C.R.C.f 2008, F.R.C.P. Rule 5] I am over the age of eighteen years, not a party to this action and I am employed within the 4 County of Marin. My business address is 591 Redwood Hwy., Building 4000, Mill Valley, CA 94941-3039. On the date set forth below, I served document(s) described as: PLAINTIFF'S FURTHER CASE MANAGEMENT CONFERENCE STATEMENT in the manner indicated below and upon the individuals in the service list. X BY FIRST CLASS MAIL: I am readily familiar with my firm's practice for collection and 9 processing of correspondence for mailing with the United States Postal Service, to-wit, that correspondence will be deposited, postage prepaid, with the United States Postal Service, 10 this same day, within the ordinary course ofbusiness of the law firm. 11 BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand this date to the oisces of the addressee(s). BY ELECTRONIC SERVICE: Upon stipulation and agreement of the parties, I caused said docuinents to be served electronically by utilizing File and Serve Xpress through this 13 Court. Parties served are noted on the transaction receipt generated by File and Serve Xpress. Electronic service is undertaken consistent with Code ofCivil Procedure section 1010.6(a)(2). 15 16 17 18 19 20 Sophia Retchless, Esq. Law Ofnce of Catherine Walsh 1800 Sutter Street, Suite 260 Concord, CA 94520 925 825-9500 Fax: 925 825-9716 21 I declare under penalty ofperjury under the laws of the State of California that the foregoing stateinents are true and correct and that this Declaration was executed on March 13, 23 2020, at Mill Valley, CA. 24 25 26 27 28 Cv M6 i~ CURIE PcKENtliR PROOF OF SERVICE