arrow left
arrow right
  • JOHN SLATTERY ET AL VS. FARRUKH MUSHTAQ ET AL PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • JOHN SLATTERY ET AL VS. FARRUKH MUSHTAQ ET AL PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • JOHN SLATTERY ET AL VS. FARRUKH MUSHTAQ ET AL PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • JOHN SLATTERY ET AL VS. FARRUKH MUSHTAQ ET AL PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • JOHN SLATTERY ET AL VS. FARRUKH MUSHTAQ ET AL PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • JOHN SLATTERY ET AL VS. FARRUKH MUSHTAQ ET AL PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • JOHN SLATTERY ET AL VS. FARRUKH MUSHTAQ ET AL PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
  • JOHN SLATTERY ET AL VS. FARRUKH MUSHTAQ ET AL PERSONAL INJURY/PROPERTY DAMAGE - VEHICLE RELATED document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Namie, Siale Bar number, end address): FOR COURT USE ONLY David A. McDowell, Esq. [SBN 62070] / Rayelle D. Sabo, Esq. [SBN 245692] McDOWELL SHAW & GARCIA 1655 N. Main Street, Suite 370, Walnut Creek, CA 94596 ELECTRONICALLY TELEPHONE NO,: (925) 210-1300 FAXNO, (Optionay: (925) 210-1366 E-MAIL ADDRESS (Optional): Ss F t LED o. ATTORNEY FOR (Name): Defendant/Cross-Complainant RockYou, Inc. County ofan Francisco, ee SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO 02/26/2019 street aooress: 400 McAllister Clerk of the Court Maltin apoRESs: 400 McAllister BY:NEYL WEBB city ANozip cove: San Francisco, 94102 Deputy Clerk BRANCH NAME: Halll of Justice PLAINTIFF/PETITIONER: JOHN SLATTERY and MARGARET SLATTERY DEFENDANT/RESPONDENT: FARRUKH MUSHTAQ, et al. | CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): [2] UNLIMITED CASE LIMITED CASE CGC-18-567298 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) ACASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 13, 2019 Time: 10:30 AM Dept: 610 Div.: Room: Address of court (if different from the address above): (Z] Notice of intent to Appear by Telephone, by (name): Rayelle D. Sabo, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [2] This statement is submitted by party (name): Defendant/Cross-Complainant RockYou, Inc. b. [] This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. Thecomplaint was filed on (date): b. [4] The cross-complaint, if any, was filed on (date): August 3, 2018 3. Service (to be answered by plaintiffs and cross-complainants only) a. L#] 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-compiaint (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. [7] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Typeofcase in [v_] complaint cross-complaint (Describe, including causes of action): Motor vehicle accident vs. Bicycle; wrongful death; negligence Page 4 of § Form Adopled for Mandatory Uso Cal. Rutes of Court, ‘udlla Count of Calfornia CASE MANAGEMENT STATEMENT ‘tules 8.720-3.730 ‘CM-110 [Rev. July 4, 2014} wwiw.courts.ca.govCM-110 | PLAINTIFF/PETITIONER: JOHN SLATTERY and MARGARET SLATTERY ‘CASE NUMBER: 7 | DEFENDANTIRESPONDENT: FARRUKH MUSHTAQ, et al. CQC-18-667298 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 John and Margaret Slattery filed a complaint alleging wrongful death/negligence, following the death of their daughter Katherine Slattery. Defendant Farrukh Mushtaq was operating the motor vehicle that struck Katherine Slattery. The vehicle was leased from Sixt Rent A Car. RockYou, Inc. was Mr. Mushtaq's employer. (lf 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. [7] 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. (WJ days (specify number): 5-7 b. (J hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial [47] 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: 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 LY] has 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 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CHAAO Rw day 52048) CASE MANAGEMENT STATEMENT Page 206CM-110 b PLAINTIFF/PETITIONER: JOHN SLATTERY and MARGARET SLATTERY SE NUMBER PEFENDANT/RESPONDENT: FARRUKH MUSHTAQ, et al. CGC-18-567298 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 al! that apply): | stipulation): [1 Mediation session not yet scheduled (1) Mediation Mediation session scheduled for (date); Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled 18) Neutral evaluat Neutral evaluation scheduled for (date): ‘eutral evaluation Agreed to complete neutral evaluation by (date): 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): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): aroitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): Co Cc co Ww co Co Oo Oo Co co Co co co oo Oo CI Cc CI Cc Co Oo co 1 ADR completed on (date): ‘CM-110 [Rev, July 4, 2041) Page 30f6 CASE MANAGEMENT STATEMENTCM-A1 PLAINTIFFIPETITIONER: JOHN SLATTERY and MARGARET SLATTERY CASE NUMBER: CGC-18-567298 DEFENDANT/RESPONDENT; FARRUKH MUSHTAQ, et al. 11, Insurance a. Insurance cartier, if any, for party filing this statement (name); GEICO 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. Amotion to consolidate coordinate will be filed by (name party): 14. Bifurcation action (specify moving party, type of motion, and reasons): 15. Other motions 16. Discovery a. L¥_] 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/Cross-Complainant Discovery Ongoing CG The following discovery issues, inctuding issues regarding the discovery of electronically stored information, are anticipated (specify): ‘CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Page 4 of 6CM-110 PLAINTIFF/PETITIONER: JOHN SLATTERY and MARGARET SLATTERY CASE NUMBER: ro CGC-18-56 7298 DEFENDANTIRESPONDENT: FARRUKH MUSHTAQ, 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 90-98 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): 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): 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): | 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: February 25, 2019 David A. McDowell, Esq./Rayelle D. Sabo, Esq. d (TYPE OR PRINT NAME) (IGN ‘URE OF PARTY OR ATTORNEY), (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-190 (Rev. duly 1, 2014) CASE MANAGEMENT STATEMENT Page Gof 6PROOF OF SERVICE I, Christina Richards, declare as follows: Iam a citizen of the United States, I am over the age of eighteen (18) years and not party to this action; and my business address is 1655 N. Main Street, Walnut Creek, CA 94596. On the date set forth below, I served the within: CASE MANAGEMENT STATEMENT for March 13, 2019 Xx by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States Post Office box at Walnut Creek, California, addressed as set forth below. by having a true copy thereof personally delivered to the person(s) at the address(s) as set forth below. by sending a copy via Facsimile to the person(s) at the Facsimile number(s) as set forth below. by sending a copy via E-mail or electronic transmission to the persons at the email addresses listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. be sending a copy via Federal Express overnight delivery to the person(s) at the address(es) as set forth below. Attorneys for Plaintiffs Attorney for Defendant, Farrukh Mushtaq Michael A. Kelly, Esq. Thomas J, Murray, Esq. Conor M. Kelly, Esq. Kern Segal & Murray Law Offices of Walkup, Melodia, Kelly & 1388 Sutter Street, Suite 600 Schoenberger San Francisco, CA 94109 650 California Street, 26" Floor San Francisco, CA 94108-2615 I 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 executed on February 2H, 2019 in Walnut Creek, Unertiee Vel Christina Richards California. CASE MANAGEMENT STATEMENT - 3/13/19 Slattery v. Mushtaq/RockY ou - Case No.: CGC-18-567298 2