case managment statementCal. Super. - 1st Dist.September 21, 2021CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 1 of 7 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Hal Chase, Jr., Esq. 95789 Stratman, Schwartz & Williams-Abrego PO Box 258829 Oklahoma City, OK 73125-8829 TELEPHONE NO.: (707) 521-4275 FAX NO. (Optional): E-MAIL ADDRESS (Optional): hal.chase@farmersinsurance.com ATTORNEY FOR (Name): Defendants, YBL Restaurant Group, LLC, Tropisueno Restaurant, Michael Sopher, Sylvia Sophe SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street San Francisco, CA 94102 MAILING ADDRESS: 400 McAllister Street San Francisco, CA 94102 CITY AND ZIP CODE: r i , 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Ruben Carrillo, et al., DEFENDANT/RESPONDENT: YBL Restaurant Group, LLC, et al., CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: CGC-20-586477 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 4, 2021 Time: 10:30AM Dept.: Not Assigned Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): 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): YBL Restaurant Group, LLC, Tropisueno Restaurant, Michael Sopher, Sylvia Sophe 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, or 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): ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 07/20/2021 Clerk of the Court BY: VANESSA WU Deputy Clerk CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 7 PLAINTIFF/PETITIONER: Ruben Carrillo, et al., CASE NUMBER: CGC-20-586477 DEFENDANT/RESPONDENT: YBL Restaurant Group, LLC, et al., 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.) Plaintiffs claim personal injury on September 4, 2018 from an “unsafe door” at defendant’s restaurant. The complaint does not provide further specifics and plaintiffs who are now in propria persona, have not responded to defendants’ discovery requests. If plaintiffs intend to pursue this matter, they should do so. (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 non-jury 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. Fax number: f. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference 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 has has not provided the ADR information package identified In rule 3.221 to the client and has 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 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 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER: Ruben Carrillo, et al., CASE NUMBER: CGC-20-586477 DEFENDANT/RESPONDENT: YBL Restaurant Group, LLC, et al., 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 stat us 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): 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): (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 (date): (6) Other (specify) ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR session completed on (date): CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIONER: Ruben Carrillo, et al., CASE NUMBER: CGC-20-586477 DEFENDANT/RESPONDENT: YBL Restaurant Group, LLC, et al., 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Truck Insurance Exchange 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 14a. b. A motion to consolidate coordinate wiII 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): Motion to compel responses to discovery. 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant(s) Written Discovery to Plaintiff Done. No responses Defendant(s) Deposition of Plaintiff TBD Defendant(s) Subpoena of Medical and other records TBD Defendant(s) Medical Examination of Plaintiff (IME) TBD c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Motion to Compel Discovery for failure to provide responses. CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 PLAINTIFF/PETITIONER: Ruben Carrillo, et al., CASE NUMBER: CGC-20-586477 DEFENDANT/RESPONDENT: YBL Restaurant Group, LLC, et al., 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 through 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. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): In the event that plaintiffs do not file a CMC statement or appear at the conference, the court should consider placing this matter on the OSC calendar to consider dismissal. 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 (if not, explain): We have reached out to plaintiffs without success. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): No agreements 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 ADR, 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: June 29, 2021 Hal Chase, Jr. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 6 of 5 Re: Carrillo, et al. v. YBL Restaurant Group, LLC, et al. Case Number: CGC-20-586477 PROOF OF SERVICE Code of Civil Procedure §§ 1013a, 2015.5 I am a resident of the State of California and over the age of eighteen years, and not a party to the within action. My business address is PO Box 258829, Oklahoma City, OK 73125-8829. On June 29, 2021, I served the following document(s): CASE MANAGEMENT STATEMENT By placing the document(s) listed above in a sealed envelope, addressed as set forth below, with postage fully prepaid, and placing the envelope for collection and mailing by the U.S. Postal Service on the same day following the firm’s ordinary business practices of which I am readily familiar. 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. By causing a true copy thereof to be personally delivered to the person(s) at the address(es) set forth below. By electronically serving the document(s) described above via a Court approved File & Serve vendor on those recipients designated on the Transaction Receipt located on the vendor’s Website. X By electronically serving the document(s) to the electronic mail address set forth below on this date before 11:59:59 p.m. pursuant to and consistent with Code of Civil Procedure §§1010.6(a)(2), (4), (5) and 1010.6(e) from email address lali.ochoa@farmersinsurance.com or hal.chase@farmersinsurance.com. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on June 29, 2021, at Petaluma, California. HAL CHASE JR. CM-110 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 7 of 5 Re: Carrillo, et al. v. YBL Restaurant Group, LLC, et al. Case Number: CGC-20-586477 SERVICE LIST Ruben Carrillo 4439 Meadow Valley Circle Fairfield, CA 94534 Plaintiffs, In Pro Per Phone: (707) 631-7240 Rub850@sbcglobal.net Patricia Valle 4439 Meadow Valley Circle Fairfield, CA 94534 Plaintiff, In Pro Per Phone: (707) 631-7240 Rub850@sbcglobal.net