case management statement

Cal. Super. - 1st Dist.October 15, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): H. Gregory Nelch, Esq . SBN : 118258 Coddington Hicks & Danforth 555 Twin Dolphin Drive Suite 300 Redwood City, CA 94065 TELEPHONE NO.: 6 5 0 5 9 2 5 4 0 0 FAX NO.(Optional) 6 5 0 5 9 2 5 0 2 7 E-MAILADDRESS (Opliona/J: hnelch@chdlawyers . com ATTORNEY FOR (NameJ.· Lori Fendt SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Fran Ci SC 0 srnEETADDREss 400 McAllister Street MAILING ADDRESS: cITYAND z IPcoDE: San Francisco , CA 94102 BRANCH NAME: Civil - Unlimited Juri sdiction PLAINTIFF/PETITIONER: Jason Harlowe DEFENDANT/RESPONDENT: Lori Fendt CASE MANAGEMENT STATEMENT CASE NUMBER FOR COURT USE ONLY (Check one): IX) UNLIMITED CASE O LIMITED CASE CGC- 2 0 - 5 8 7 5 3 0 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 7 , 2021 Time: 10 : 30 a . m. Dept. : 610 Div.: Room: Address of court (if different from the address above): (X) Notice of lntentto Appear by Telephone, by (name): H. Gregory Nelch INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. (X) This statement is submitted by party (name) : Defendant Lori Fendt b. 0 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 fi led on (date) : b. 0 The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) CM-110 a. 0 All parties named in the complaint and cross-complaint have been served, have appeared , or have been dismissed. b. 0 The following parties named in the complaint or cross-complaint (1) 0 have not been served (specify names and explain why not): (2) 0 have been served but have not appeared and have not been dismissed (specify names): (3) 0 have had a default entered against them (specify names): c. 0 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 (X) complaint O cross-complaint (Describe, including causes of action): Personal Injury- Motor Vehicle Collision Form Adopted for Mandatory Use Judicial Council of California cEB· I Essentlal CM-110 [Rev. July 1, 2011] mb.alm m fonns• CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Court, rules 3. 720-3. 730 www.courts.ca.gov CSAA Insurance Group ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 03/24/2021 Clerk of the Court BY: MADONNA CARANTO Deputy Clerk CM-110 PLAINTIFF/PETITIONER:Jason Harlowe CASE NUMBER: - CGC - 20 - 587530 DEFENDANT/RESPONDENT: Lori F e n dt 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 ) Un k nown other than wh at is c l aime d in complaint . Plaintiff has not p rovided any documentation to suppo rt hi s injuries damaged claims at this p oint . 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 IX) a jury trial D 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. IX) 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) : Trials: 7 / 12/21 ; 8 / 23/2 1; 9/13 / 2 1; 10/12 / 2 1; 10/25/21 ; 11/1/21 ; 1 1/12/21 ; 12/6/21 ; 1/10/22 ; 1/24/22 ; 6/6/22 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. IX) days (specify number): 7 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 IX) 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: g. Party represented: D Additional representation is described in Attachment 8. 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 IX) 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) D 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. (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 Page 2 of5 cm· I Essential ceb.c.om m Forms- CSAA Insurance Group PLAINTIFF/PETITIONER:Jason Harlowe DEFENDANT/RESPONDENT: Lori Fendt CM-110 CASE NUMBER: CGC-20 - 587530 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): [XJ Mediation session not yet scheduled (1) Mediation w □ Mediation session scheduled for (date): □ Agreed to complete mediation by (date) : □ Mediation completed on (date): [XJ Settlement conference not yet scheduled (2) Settlement w □ Settlement conference scheduled for (date) : conference □ Agreed to complete settlement conference by (date) : D Settlement conference completed on (date) : □ Neutral evaluation not yet scheduled (3) Neutral evaluation □ □ Neutral evaluation scheduled for (date) : □ Agreed to complete neutral evaluation by (date) : D Neutral evaluation completed on (date) : □ Judicial arbitration not yet scheduled (4) Nonbinding judicial □ □ Judicial arbitration scheduled for (date) : arbitration □ Agreed to complete judicial arbitration by (date) : □ Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private □ □ Private arbitration scheduled for (date) : arbitration D Agreed to complete private arbitration by (date): □ Private arbitration completed on (date) : □ ADR session not yet scheduled (6) Other (specify) : □ D ADR session scheduled for (date) : □ Agreed to complete ADR session by (date) : □ ADR completed on (date) : CM-11 0 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 ~,~~~ CSAA Insurance Group PLAINTIFF/PETITIONER: Jason Harlowe DEFENDANT/RESPONDENT: Lori Fendt 11. Insurance CASE NUMBER: CGC-20-587530 a. IXI Insurance carrier, if any, for party filing this statement (name) : CSAA Insurance Group b. Reservation of rights : D Yes IXJ No c. D 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. 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 14. Bifurcation will be filed by (name party): CM-110 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 D 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. IXJ The following discovery will be completed by the date specified (describe all anticipated discovery) : .E.filty Description Defendant Written Discovery Defendant Subpoena of Relevant Records Defendant Plaintiff Deposition Defendant Possible IME Defendant Expert Discovery Date Pending May - June 2021 Sept - Oct . 2021 Nov - Dec . 2021 Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information , are anticipated (specify) : CM-110 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT Page4 of 5 cm· I Essential cab.mm !!]Forms- CSAA Insurance Group CM-110 PLAINTIFF/PETITIONER: Jason Harlowe DEFENDANT/RESPONDENT: Lori Fendt 17. Economic litigation CASE NUMBER: CGC - 20 - 587530 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 IXJ The party or parties request that the following additional matters be considered or determined at the case management conference (specify) : Discovery has j us t comme nced a fter informal efforts to resolve case were unsuc cessful . Defendant requests a further CMC hearing ou t 6 months to check on status of discovery and if ca s e i s ready for some form of ADR . 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: March 23 , 2021 H Gregory NeJ cb (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) CW.-11 0 [Rev. July 1, 2011] ► Id& Mo1"/ nd«I,, (SIGNATURE OF PARTY OR ATTORNEY) ►-------- (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CASE MANAGEMENT STATEMENT Page 5 of 5 CSAA Insurance Group CCourtCalr CourtCall Appearance - Service Copy 6383 Ari:z.ona Circle Los Angeles, CA 90045 Phone: (888) 882-6878 Fax: (888) 883-2946 CourtCall.com Court Conferenc.- is ;; division vi 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: Harlowe v. Fendt Case Number: CGC-20-587530 Court Name: San Francisco Superior Court (CA) Dept/Judge: 610 / Judge Samuel K. Feng Proceeding: Case Management Conference Date/Time: Wednesday, April 7th, 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 impact 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 and from details . longer spent traveling subscriptions buy. Court. Call us There are or equipment to for no to COURTCALL VIDEO CourtCall is equipping of interested Judges IS HERE! Courtrooms w ith its state-of- the - art, browser-based video enabling traditional conferencing platform , full video participation for CourtCall 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 foregoing information may have been obtained from court records which may not reflect recent calendar changes. If 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. ~ art ..... to .,.aka,_1[11...,... fl,<~..,., ycMlr dlents, Bar ANoc:lattons or ..,....,.. PleNa~•_,.•JnNntatlon. Remote Appearances. Simplified. CourtCall Appearances are available for over 2,000 Judges nationwide, monthly. Please visit our website at www.courtcall.com for a complete across the US, Canada and other jurisdictions. with additional Courts being added list of participating Courts and Judges Mychal Thompson ext. 532 [Pl SERVICE COPY FOR COURTCALL® APPEARANCE Copyright © 2021 CourtCall, LLC. All Rights Reserved . 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 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) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is joseguera@chdlawyers.com. I am readily familiar with my employer's business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On March 24, 2021, I served a copy of each of the documents listed below by placing them for processing as indicated herein. xx CASE MANAGEMENT STATEMENT AND COURT CALL - SERVICE COPY United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with 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 machine. 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 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 manaated 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: 10 William C. Johnson, Esq. Bennett & Johnson, LLP 11 1939 Harrison Street, Suite 200 Oakland, CA 94612 12 13 14 Telephone: Facsimile: E-mail: (510) 444-5020 (510) 835-4260 william@bennettjohnsonlaw.com 15 I certify (or declare) under penalty of perjury under the laws of the State of California that 16 the foregoing is true and correct and that this declaration as executed on March 24, 2021. 17 18 19 20 Court: Superior Court of California, San Francisco County 21 Action No: CGC-20-587530 22 23 24 25 26 27 28 Case Name: Harlowe v. Fendt