case management statement

Cal. Super. - 1st Dist.July 2, 2021

A TT OR NEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Robert T. Tanq, Esq.; SBN 296544 1580 Oakland Road, C205 San Jose, CA 95131 TELEPHONE NO.: (408) 816-8098 FAX NO. (Optional): E-MAIL ADDRESS (OptionaQ: roberttlaw1 @gmail.com ATTORNEY FOR (Name): A SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANT A CLARA sTREET ADDREss: MAILING ADDREss: cITY AND zIP coDE, BRANCH NAME: Civil PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE MANAGEMENT STATEMENT (Check one): [2J UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) Dept.: 610 A CASE MANAGEMENT CONFERENCE is scheduled as Time: 10.30 a.m. Address of court (if different from the address above): D Notice of Intent to Appear by Telephone, by (name): CM-110 FOR COURT USE ONLY CASE NUMBER: Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. D This statement is submitted by party (name): b. W 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): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. W All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (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 date by which they may be served): 4. Description of case a. Type of case in [2J complaint D cross-complaint (Describe, including causes of action): Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Pa e1of5 Cal. Rules of Court, rules 3.72o-3.730 www.courts.ca.gov follows: Date: 08/12/2020 x Robert T. Tang, Esq. Ali Hawari, et al. 400 McAllister Street 400 McAllister Street San Francisco 94102 CGC-20-583568 Ali Hawari; Trinity Lieu; and Yvonne Lieu 03/09/2020 Motor Vehicle Accident-general and special damages Ali Hawari, et al. Karmakar ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 07/01/2020 Clerk of the Court BY: NEYL WEBB Deputy Clerk PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: CM-110 4. b. Provide a brief statement of the case, including any damages. (If personal 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 eamings. If equitable relief is sought, describe the nature of the relief.) D (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 D a jury trial [2J 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. W 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [ZJ days (specify number): 3-4 days b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [ZJ 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: D Additional representation is described in Attachment 8. g. Party represented: 9. Preference D 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 D 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 self-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) CJ 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) 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 1141.11. (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-110 [Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Paga 2 of 5 x Ali Hawari, et al. CGC-20-583568Karmakar PLAINTIFF/PETITIONER: JEFENDANT/RESPONDENT: CM-110 CASE NUMBER: 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 If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): (1) Mediation Mediation session not yet scheduled D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation completed on (date): D Settlement conference not yet scheduled (2) Settlement D 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 D D Neutral evaluation scheduled for (date): (3) Neutral evaluation 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 D CJ ADR session scheduled for (date): (6) Other (specify): D Agreed to complete ADR session by (date): CJ ADR completed on (date): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 Ali Hawari, et al. CGC-20-583568Karmakar x x PLAINTIFF/PETITIONER: - DEFENDANT/RESPONDENT: 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 CASE NUMBER: 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 will be filed by (name party): 14. Bifurcation l"u.11n D 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 motions 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. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Date c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IRev. July 1, 2011] CASE MANAGEMENT STATEMENT Paga 4 of 5 Description Ali Hawari, et al. CGC-20-583568Karmakar PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 17. Economic litigation CM-110 CASE NUMBER: 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 issues 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): ___ _ 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: 06/30/2020 Robert Tang (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) CM-110 (Rev. July 1, 20111 CASE MANAGEMENT STATEMENT Page 5 of 5 x x The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Ali Hawari, et al. CGC-20-583568Karmakar 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE [CCP §§ 1013(a); CCP §1010.6.; and 2015.5; FRCP 5] I am employed in the County of SANT A CLARA. I am over the age of 18 and not a party to the within action. My business address is I 580 Oakland Road, C205, San Jose, California 95131. My email address is: roberttlawl@gmail.com On the below date, I served the foregoing document described as: CASE MANAGEMENT STATEMENT on the interested parties in this action addressed as follows: Marilou R Bustonera@Qrogressive.com __ X __ (BY ELECTRONIC SERVICE) - I sent this document via electronic transmission to the offices of the addressees as listed on the service list and pursuant to CCP § 1010.6. ____ (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in SAN JOSE, California to be served on the parties as indicated on the attached service list. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at SAN JOSE, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Executed on JUNE 30, 2020 at SAN JOSE, California. _X_(STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. __ (FEDERAL)- I declare that I am employed in the office ofa member of the bar of this court at whose direction the service was made. Annie Lu