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  • BCV-20-10047323-CV Other PI/PD/WD - Civil Unlimited document preview
  • BCV-20-10047323-CV Other PI/PD/WD - Civil Unlimited document preview
  • BCV-20-10047323-CV Other PI/PD/WD - Civil Unlimited document preview
  • BCV-20-10047323-CV Other PI/PD/WD - Civil Unlimited document preview
  • BCV-20-10047323-CV Other PI/PD/WD - Civil Unlimited document preview
  • BCV-20-10047323-CV Other PI/PD/WD - Civil Unlimited document preview
  • BCV-20-10047323-CV Other PI/PD/WD - Civil Unlimited document preview
  • BCV-20-10047323-CV Other PI/PD/WD - Civil Unlimited document preview
						
                                

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CM-110 ATTORNEY ORPARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ERNEST A. VARGAS [State Bar# 36623] LAW OFFICES OF VARGAS & VARGAS 301 NORTH LAKE AVENUE, SUITE 120 PASADENA, CALIFORNIA 91 101-4108 TELEPHONE NO.: (626) 440-1111 FAX NO. (0ptional): (626) 440-9456 E-MAIL ADDRESS:ernest@varoasandvaroas.com ATTORNEY FOR (Name): PLAINTI FF-IN-INTERV ENTION HUGO GOMEZ SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREETADDRESS:1215 TRUXTIN AVENUE MAILING ADDRESS: CITY ANDZIPCODE: BAKERSFIELD. CALIFORNIA 9330 1 BRANCH NAME: METROPOLITAN COURTHOUSE PLAINTIFF/PETITIONER: ZURICH AMERICAN INSURANCE COMPANY DEFENDANT/RESPONDENT: PAVLETICH ELECTRIC & COMM UNICATIONS, ET AL CASE MANAGEMENT STATEMENT CASE NUMBER: {Check one): 0 UNLIMITED CASE CJ LIMITED CASE BCV-20-100473 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Seotember 9. 2022 Time: 8 :15a.m. Dept.: 17 Div.: Room: Address of court (if different from the address above): 0 Notice of Intent to Appear by Telephone, by (name): ERNEST A. VARGAS INSTRUCTIONS : All applicable boxes must be checked, and the specified information must be prov1ded. 1. Party o r parties (answer one): a. W This statement is submitted by party (name) : PLAINTIFF-IN-INTERVENTION HUGO GOMEZ b. D This statement is submitted jointly by parties (names): 2. Complaint and c ross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complai nt 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. 0 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 dism issed (specify names): (3) D have had a default entered against them (specify names): c. D The following additiona l parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. T ype of case in 0 complaint D cross-complaint (Describe, including causes of action): COMPLAINT-IN-INTERVENTION IS FOR THIRD PARTY BENEFITS FOR PAIN AND SUFFERING AND LOSS OF EARN INGS AND LOSS OF EARN ING CAPACITY Pago 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720--3.730 CM-11 0 (Rev. September 1. 2021] www.cout1s.ca.gov CM-110 PLAINTIFF/PETITIONER: ZURICH AMERICAN INSURANCE CASE NUMBER: DEFENDANT/RESPONDENT: PAVLETICH ELECTRIC BCV-20-100473 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 pndicate 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.) PLAINTIFF-IN-INTERVENTION SUFFERED PERSONAL INJURIES AND LOST EARNINGS AND LOSS OF EARNING CAPACITY WHEN HE TRIPPED AND FELL ON A CONSTRUCTION PROJECT ON A CONDUIT STICKING OUT OF THE GROUND FOR WHICH DEFENDANTS ARE LIABLE. c:J (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 IT] a jury trial c:J a nonjury trial.(If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. c:J 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): 5-7 b. [:J hours (short causes) (specify): 8. Trial representation (to be answered for each party) ~ The party or parties will be represented at trial c:J by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: c:J Additional representation is described in Attachment 8. 9. Preference c:J 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel IT] has CJ has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) c:J For self-represented parties: Party has c:J has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [:J 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)c:J 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 (Rev. September 1, 2021] Page2 of5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: ZURICH AMERICAN INSURANCE CASE NUMBER: DEFENDANT/RESPONDENT: PAVLETICH ELECTRIC BCV-20-100473 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 ADRindicate the status of the processes (attach a copy of the patties' ADR stipulation): processes (check all that apply): c:!] Mediation session not yet scheduled CJ Mediation session scheduled for (date): (1) Mediation [K] c=1 Agreed to complete mediation by (date): c=1 Mediation completed on (date): [KJ Settlement conference not yet scheduled (2) Settlement c=1 Settlement conference scheduled for(date): [KJ conference c=1 Agreed to complete settlement conference by (date): c=1 Settlement conference completed on (date): c=1 Neutral evaluation not yet scheduled c=1 Neutral evaluation scheduled for (date): (3) Neutral evaluation c=1 c=1 Agreed to complete neutral evaluation by (date): c=1 Neutral evaluation completed on (date): c=1 Judicial arbitration not yet scheduled (4) Nonbinding judicial c=1 c=1 Judicial arbitration scheduled for (date): arbitration c=1 Agreed to complete judicial arbitration by (date): CJ Judicial arbitration completed on (date): c=1 Private arbitration not yet scheduled (5) Binding private c=1 c=1 (date): Private arbitration scheduled for arbitration c=1 (date): Agreed to complete private arbitration by c=1 (date): Private arbitration completed on c=1 ADR session not yet scheduled CJ ADR session scheduled for (date): (6) Other (specify): CJ c=1 Agreed to complete ADR session by (date): c=1 ADR completed on (date): CM-110 [Rev. September 1, 2021) Pago 3of5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: ZURICH AMERICAN INSURANCE CASE NUMBER: DEFENDANT/RESPONDENT: PAVLETICN ELECTRIC BCV-20-100473 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 patty): 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 patty, type of motion, and reasons): 15. Other motions c=J The party or parties expect to file the following motions before trial (specify moving patty, type of motion, and issues): 16. Discovery a. [:=J The party or parties have completed all discovery. b. [KJ The following discovery will be completed by the date specified (describe all anticipated discovery): ~ Description Date HUGO GOMEZ WRITTEN DISCOVERY TO DEFENDANTS DECEMBER 2022 HUGO GOMEZ DEPOSITIONS OF DEFENDANTS MAY2023 HUGO GOMEZ EXPERT WITNESS DISCOVERY PER CODE c. [:=J The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 (Rev. September 1, 2021) Page4of5 CASE MANAGEMENT STATEMENT CM -110 PLAINTIFF/PETITIONER: ZU RI CH AMERI CAN INSURANCE CASE NUMBER: DEFENDANT/RESPONDENT: PAVLETICH ELECTRIC BCV- 20 - 100473 17. Economic litigation 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 Proced ure 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 D The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. [R] The party or parties have met and conferred with all parties on all subjects requ ired by rule 3.724 of the California Rules of Court (if not, explain): b. D 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): -=0_ _ _ __ I am completely fami liar 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 en · stipulations on these issues at the time of the case management conference, including the written authority of the party Date: AUGUST 22. 2022 ERNEST A. VARGAS (TYPE OR PRINT NAME) (TYPE OR PRINT NAM E) O F PARTY OR ATIORNEY) D Add itional signatures are attached. CM-11 0 (Rev. September 1. 20 21 1 Page 5 of 5 CASE MANAGEMENT STATEMENT For your protection and privacy, p lease press t he Clear Th is Form button after you h ave printed the form . ![ Print this form II Save this form I I Clear this form l PROOF OF SERVICE 2 3 STATE OF CALIFORNIA ) ) ss. 4 COUNTY OF LOS ANGELES ) 5 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 301 North Lake Avenue, Suite 6 120, Pasadena, California 91101-4108. 7 On August 22, 2022, I served the foregoing documents described as: PLAINTIFF-IN- INTERVENTION HUGO GOMEZ' CASE MANAGEMENT STATEMENT, on all interested 8 parties in said action by: 9 [x] BY EMAIL OR ELECTRONIC TRANSMISSION: Based on a Court Order of an agreement of the parties to accept service by email or electronic transmission, I caused the documents 10 to be sent to the person(s) at the email address(es) listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 11 unsuccessful. [Rules of Coutt Rule 2056(a)(4). 12 Mr. Steven Pabros, Esq. Attorneys for Defendant Pavletich Electric & Steve obrienlaw.com Communications, Inc. 13 Suzie obrienlaw.com tania@pobrienlaw.com 14 O'BRIEN LAW, PC 765 Baywood Drive, Suite 185 15 Petaluma, California 94954 16 Mr. Canon Young, Esq. Attorneys for Plaintiff Zurich American International Cyoung@mfrlegal .com Company 17 pquigley@mfrlegal .com Sbird@mfrlegal.com 18 Morales, Fierro & Reeves 2151 Salvio Street, Suite 280 19 Concord, California 94520 20 Mr. Darren W. Epps, Esq. Attorneys for defendant Gandola's Landscaping & Epps & Gilroy Lawn Care 21 Depps@egllp.com mdeleon@egllp.com 22 2650 Industrial parkway # 100 Santa Maria, California 93455 23 Susan E. Hobson, Esq. Attorney for defendant J.L. Plank, lnc. ,dba Cen-Cal 24 Shobson@unitedfiregroup.com Construction ckort@unitedfiregroup.com 25 mliberato@ unitedfiregroup.com Law Office of Patrick J. Campbel l 26 915 Highland Pointe Drive, Suite 250 Roseville, California 95678 -5421 27 28 Peter M. Hughes, Esq. Attorneys for defendant Rios Design Studio, Marty B. Ready, Esq. LLC 2 Peter.hughes@wilsonelser.com Martv.ready@wilsonelser.com 3 irene.gonzales@wilsonelser.com 401 West A Street, Suite 1900 4 San Diego, California 92101 -8484 5 (X) STATE- I declare under penalty and perjury under the laws of the State of California that the forego ing is true and correct. 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28