case management statement

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

CM-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 CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE (Amount demanded exceeds $25,000) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Time: Div.: Room:Dept.: 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. 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) 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. The following parties named in the complaint or cross-complaintb. (1) have not been served (specify names and explain why not): (2) (3) The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): c. 4. Description of case a. Type of case in cross-complaintcomplaint (Describe, including causes of action): Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov CASE MANAGEMENT STATEMENT STREET ADDRESS: MAILING ADDRESS: LIMITED CASE (Amount demanded is $25,000 or less) a. The complaint was filed on (date): This statement is submitted jointly by parties (names): have been served but have not appeared and have not been dismissed (specify names): have had a default entered against them (specify names): Notice of Intent to Appear by Telephone, by (name): ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 03/23/2021 Clerk of the Court BY: VANESSA WU Deputy Clerk CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 10. Alternative dispute resolution (ADR) has has not provided the ADR information package identified (1) For parties represented by counsel: CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 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. This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (3) (2) (1) b. Referral to judicial arbitration or civil action mediation (if available). has has not reviewed the ADR information package identified in rule 3.221. 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. (2) For self-represented parties: Party in rule 3.221 to the client and reviewed ADR options with the client. 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 (If more than one party, provide the name of each partya jury triaI a nonjury trial.The party or parties request requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. 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. 8. Trial representation (to be answered for each party) by the attorney or party listed in the caption by the following: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 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): hours (short causes) (specify): b. Firm: a. Attorney: The party or parties will be represented at trial a. Counsel mediation under Code of Civil Procedure section 1775.3 or to civil action because the amount in controversy does not exceed the statutory limit. mediation under Code of Civil Procedure section 1775 et seq. or from civil action (specify exemption): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 CASE NUMBER:PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 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): CM-110 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): (2) Settlement conference (4) (5) 10. c. Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (6) Other (specify): Binding private arbitration Nonbinding judicial arbitration (3) Neutral evaluation (1) Mediation Mediation completed on (date): Agreed to complete mediation by (date): Mediation session scheduled for (date): Mediation session not yet scheduled CASE NUMBER: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. Additional cases are described in Attachment 13a. wiII be filed by (name party):consolidate coordinateb. A motion to 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): CM-110 [Rev. July 1, 2011] Page 4 of 5CASE MANAGEMENT STATEMENT (4) Status: (1) Name of case: (2) Name of court: (3) Case number: CM-110 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. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): DescriptionParty Date The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): c. 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: 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Nob. YesReservation of rights: Coverage issues will significantly affect resolution of this case (explain):c. CASE NUMBER: 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): 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: (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5CASE MANAGEMENT STATEMENT PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CM-110 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 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 specifically why economic litigation procedures relating to discovery or trial should not apply to this case): b. 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 CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE I, the undersigned, am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; am employed with Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On March 23, 2021, I served the foregoing document entitled:  CASE MANAGEMENT STATEMENT on all the appearing and/or interested parties in this action by delivering the original a true copy thereof on the party(ies) addressed below as follows: Julie R. Trotter Jacqueline Beamnont Delavan J. Dickson CALL & JENSE, APC 610 Newport Center Drive, Suite 700 Newport Beach, CA 92660 Tel: (949) 717-3000 Fax: (949) 717-3100 jtrotter@calljensen.com jbeaumont@calljensen.com ddickson@calljensen.com Attorneys for Defendant: EQUITY RESIDENTIAL SERVICES, L.L.C. (BY MAIL) 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 Irvine, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(c).) (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice of Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein to be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(c); Fed. R. Civ. Proc. 5(c).) (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served via electronic transmission via the above listed email addresses on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)(E); Fed. R. Civ. Proc. 5(b)(3).) (BY PERSONAL SERVICE) I delivered the foregoing document by hand delivery to the addressed named above. (Cal Code Civ. Proc. § 1011; Fed. R. Civ. Proc. 5(b)(2)(A).) /// /// 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 -2- CERTIFICATE OF SERVICE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 23, 2021, at Irvine, California. _________________________ Andrea Drocco