case management statementCal. Super. - 1st Dist.August 3, 2021CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO.(Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE MANAGEMENT STATEMENT CASE NUMBER: (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: Time: Dept.: Div.: Room: Address of court (if different from the address above): 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. 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. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants 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): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action) : Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California rules 3.720-3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov Notice of Intent to Appear by Telephone, by (name): H. Gregory Nelch 118258 Coddington Hicks & Danforth 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065 6505925400 6505925027 hnelch@chdlawyers.com Defendant Tom Soohoo, Jr. San Francisco 400 McAllister Street San Francisco, CA 94102 Civil - Unlimited Jurisdiction Marcus Kemp Tom Soohoo, Jr. X CGC-20-585783 2/10/2021 10:30 a.m. 610 X H. Gregory Nelch X Defendant Tom Soohoo, Jr. X Multiple vehicle rear end accident with multiple claimants but only Mr. Kemp in litigation at this point. CSAA Insurance Group, ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 01/27/2021 Clerk of the Court BY: VANESSA WU Deputy Clerk PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: 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 earnings. If equitable relief is sought, describe the nature of the relief.) (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 a jury trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): b. hours (short causes) (specify): 8. 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 by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: e. E-mail address: f. Fax number: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 10. b. (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. (3) Referral to judicial arbitration or civil action mediation (if available). 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): Alternative dispute resolution (ADR) (1) (2) 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. For self-represented parties: Party 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. has has not reviewed the ADR information package identified in rule 3.221. (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. Marcus Kemp CGC-20-585783 Tom Soohoo, Jr. It appears soft tissue injuries and possible income loss and liability could be disputed and is still under investigation. X Trials: 6/14/21; 6/21/21; 7/12/21; 8/23/21; 9/13/21; 10/12/21; 11/1/21; 11/12/21; 12/6/21; 1/24/22; 3/21/22; X 5-7 court days X X CSAA Insurance Group, PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: 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 all that apply and provide the specified information): 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' ADR 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): Neutral evaluation completed on (date): Agreed to complete neutral evaluation by (date): (4) Nonbinding judicial Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Judicial arbitration completed on (date): Agreed to complete judicial arbitration by (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): Private arbitration completed on (date): Agreed to complete private arbitration by (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date): ADR completed on (date): Agreed to complete ADR session by (date): arbitration arbitration (5) Binding private CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 Marcus Kemp CGC-20-585783 Tom Soohoo, Jr. X X X X CSAA Insurance Group, 11. Insurance 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, 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): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: CM-110 16. c. b. a. Discovery Party The party or parties have completed all discovery. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Description The following discovery will be completed by the date specified (describe all anticipated discovery): Date Marcus Kemp CGC-20-585783 Tom Soohoo, Jr. X CSAA Insurance Group, a AAA Insurer X Defendants written discovery just underway Defendants subpoena of records March-May 2021 Defendants deposition of parties Aug.-Sept 2021 Defendants possible IME Oct.-Nov. 2021 Defendants expert discovery Per Code CSAA Insurance Group, Additional signatures are attached. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Total number of pages attached (if any): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 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 (if not, explain): Meet and confer The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Other issues 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): 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. Economic litigation17. 18. 19. 20. 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: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 Marcus Kemp CGC-20-585783 Tom Soohoo, Jr. X Case in very early stages of discovery and investigation for Kemp and 3rd vehicle who have not file suit but are pursing injury claims. There could be a companion action if they file with different counsel needing consolidation. Defendant respectfully requests another CMC out 120 days to let dust settle on investigation of liability and damage issues and additional litigation arising out of the subject accident. January 26, 2021 H. Gregory Nelch /s/ H. Gregory Nelch CSAA Insurance Group, CCourtCalr CourtCa/1 Appearance - Service Copy 6383 Arizona Circle Los Angeles, CA 90045 Phone: (888) 882-6878 Fax: (888) 883-2946 CourtCall.com Court Conferencu" ,s a d,v,sion ot CourtCall"' This document shall serve as notice of a CourtCall Appearance by the participant listed below in the referenced case. Others wishing to appear remotely should contact CourtCall, LLC at (888) 882-6878 or (310) 342-0888. H. Gregory Nelch Coddington, Hicks & Danforth Tel: (650) 592-5400 Fax: (650) 592-5027 Case Name: Kemp v. Soohoo, Jr. Case Number: CGC-20-585783 Court Name : San Francisco Superior Court (CA) Dept/Judge: 610 / Judge Samuel K. Feng Proceeding: Case Management Conference Date/Time: Wednesday, February 10th, 2021 at 10:30 AM PT Note: this is not a Confirmation of your CourtCall Appearance. Each participant must make his or her own arrangements with CourtCall. While clients can save money and Courts can become more efficient and generate revenue, CourtCall has the most im pact upon practicing attorneys as it helps to give them their lives back. Attorneys can use the time they save using CourtCall to catch-up on other pressing matters, enjoy time with family and friends or otherwise take advantage of the time no longer spent traveling to and from Court. Call us for details. There are no subscriptions or equipment to buy. COURTCALL VIDEO IS HERE! CourtCall is equipping Courtrooms of interested Judges with its state - of - the - a rt, browser-based v i d e o conferencing platform, enabl ing fu ll video participation for traditional CourtCa ll Appearances. Lawyers only need a computer with sufficient bandwidth and a webcam to view and/or share video in accordance with a Judge's preferences. To learn more about video options , please ask a CourtCall representative. The have records recent foregoing information been obtai ned from which may not calendar changes. If may court reflect it is inaccurate because your appearance has been continued, please apply this information to the new date. If the matter is off calendar, you have no involvement in the case or you do not wish to use this service, please disregard this notice. Do not call the Court Clerk. Our representatives are available to make presentations for your firm, your clients, Bar Associations or other groups. Please call to schedule a presentation. Remote Appearances. Simplified. CourtCall Appearances are available for over 2,000 Judges month ly. Please visit our website at www.courtcal l. com for across the US, Canada and other jurisdictions. nationwide, a complete with additional Courts being list of participating Courts and added Judges NOTFD [P] SERVICE COPY FOR COURTCALL® APPEARANCE Copyright © 2021 CourtCall, LLC. All Rights Reserved. 1 2 3 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) 4 I, the undersigned, declare that I am employed in the County of San Mateo, State of 5 California. I am over the age of eighteen (18) years and not a party to the within action. My 6 business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My 7 electronic mail address is joscguera@chdla,vyers.com. 8 I am readily familiar with my employer's business practice for collection and processing 9 of correspondence and documents for mailing with the United States Postal Service, mailing via 10 overnight delivery, transmission by facsimile machine, and delivery by hand. 11 On January 27, 2021, I served a copy of each of the documents listed below by placing 12 them for processing as indicated herein. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 xx CASE MANAGEMENT STATEMENT AND COURT CALL APPEARANCE - SERVICE COPY United States Mail: The correspondence or documents were placed in sealed, labeled envelopes "\vith postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile m:ichine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/ or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court Rule 2.257(a). Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in my employer's office. I have received no indication the electronic transmission did not reach the recipient. PERSONS OR PARTIES SERVED: Attorney for Plaintiff Greg Woodhead, Esq. Movagar & Yamin, PC 4929 Wilshire Blvd. Suite 960 Los Angeles, CA 90010 Telephone: Facsimile: E-mail: (877) 771-8175 (323) 475-7773 G rcg@mylawcompany.com I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was ---- Court: Sttpen·or Courl of California, San Francisco County 21 ction No: CGC-20-585783 22 23 24 25 26 27 28 Case Name: Kemp v. Soohoo,Jr.
