Preview
CM-110
“ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bor number, end address):
Kevin J. Gray, SBN: 142685 |
Jin Im, SBN: 266810
Harrington, Foxx, Dubrow & Canter, LLP
601 Montgomery Street, Suite 800
San Francisco, CA 94111
TELEPHONE No: 415-288-6600 FAXNO, (Optionay: 415-288~6618
E-MAIL ADDRESS (Optional:
FTO! ama}. Defendants
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aporess: 400 McAllister Street
MAILING ADDRESS:
crrvanpzipcone: San Francisco, CA
BRANCH NAME:
PLAINTIFF/PETITIONERALVARO ELVIR RODRIGUEZ
DEFENDANT/RESPONDENT:JAKE WEIR, BETTY WEIR, SCOTT WEIR
FOR COURT USE ONLY
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
06/01/2017
Clerk of the Court
BY: MELANIA DE LUNA
Deputy Clerk
y CASE MANAGEMENT STATEMENT
(Check one): [X] UNLIMITED CASE __] LIMITED CASE
(Amount demanded (Amount demanded Is $25,000
exceeds $25,000) or less)
‘CASE NUMBER:
CGC-17~556326
AGASE MANAGEMENT CONFERENGE Is scheduled as follows:
Address of court (if different from the address above):
[x_] Notice of Intent to Appear by Telephone, by (name): Jin Im
Date: June 14, 2017 Time: 10:30 a.m. Dept: 610 Div.: Room:
INSTRUCTIONS; Ail applicable boxes must be checked, and the specified Information must be provided.
1. Party or parties (answer one):
b. This statement is submitted Jointly by partles (names):
a. [x] This statement is submitted by party (name):Defendants Jake Weir, Betty Weir, Scott Weir
2. Gomplaint and cross-complaint (to bs answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. [_| The cross-complaint, if any, was filed on (data):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All partles named In the complaint and cross-complaint have been served,
b. [_] The following parties named in the complaint or cross-complaint
(1) [£.] have not been served (specify names and explain why nol):
have appeared, or have been dismissed.
(2) [] have been served but have not appeared and have not been dismissed (specify names):
(3) (£21 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 date by which
they may be served):
4, Description of case
a. Typeofcasein [%.] complaint [=] cross-complaint (Describe, including causes of action):
personal injury, motor vehicle accident.
Page tof 6
Fettdsal Counce callonie CASE MANAGEMENT STATEMENT
(CM-110 (Rav. July 1, 2011)
Cal, Rulas of Court,
Lifts ties 3720-9.700CM-110
PLAINTIFF/PETITIONER: ALVARO ELVIR RODRIGUEZ CASE NONBERE
DEFENDANTRESPONDENT: JAKE WEIR, BETTY WEIR, ScoTr wetR |C6C-17-556326 |
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
sarnings fo date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff alleges he sustained injuries due to a motor vehicle accident on
er about January 24, 2015 in San Francisco, CA.
Ca (if more space Is needed, check this box and attach a page designated as Atlachment 4b.)
5. Jury or nonjury trial
The party or parlies request [x ]ajury trial [7] anonjurytrlal. (if more than one party, provide the name of each parly
requesting a jury trial):
6. Trial date
a. [~_] The trial has been set for (date):
b. [x] 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):
cs. 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 partles estimate that the trial will take (check one):
a. [x] days (specify number): 5-7
b. C._] hours (short causes) (specify):
8. Trlal representation (to be answered for each party) 7
The party or parties will be represented at trial [2x ] by the attorney or party listed in the caption [""] by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
6, E-mail address: g. Parly represented:
Additional representation is described in Attachment 8.
9. Preference
This case is entitied 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 [x] has [__] hasnot 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 [7_] 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 1141.14 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 te limit recovery to the amount specified In Code of
Civil Procedure section 1141.11.
(3) ([2] This case ts exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Court or from civil action
mediation under Code of Clvi! Procedure sectlon 1775 et seq. (specify exemption):
ee CASE MANAGEMENT STATEMENT Pogo 208|
| cM-110
PLAINTIFF/PETITIONER: ALVARO ELVIR RODRIGUEZ CASENOMOER:
EFENDANT/RESPONDENT: JAKE WEIR, BETTY WEIR, SCOTT WEIR CGC-17-556326
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 ali that apply and provide the specified information):
The party or partles completing
this form are willing to
participate In the following ADR
processes (check ail that apply):
(1) Mediation
If the party or partles 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 (alfach a copy of the partles' ADR
stipulation):
| Mediation session not yet scheduled
Mediation session scheduled for (date):
___| Agreed to complete mediation by (date):
Mediation completed on (date):
{2) Settlement
conference
J 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):
—
[__] 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
(6) Binding private co Private arbitration scheduled for (date);
arbitration — Agreed to complete private arbitration by (date):
__] Private arbitration completed on (date):
[__] ADR session not yet scheduled
ict ADR session scheduled for (date):
(6) Other (specify) cq Agreed to complete ADR session by (date);
[2] ADR completed on (date):
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT =CM-110
PLAINTIFF/PETITIONER: ALVARO ELVIR RODRIGUEZ ‘CASE NUMBER:
|
DEFENDANT/RESPONDENT: JAKE WEIR, BETTY WEIR, SCOTT WEIR bidet a etsleane
11. Insurance
a. [x] Insurance carrier, if any, for party filing this statement (name): IDS Property Casualty Ins.
b, Reservation of rights: [_] Yes [x] 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.
CJ Bankruptcy [J Other (specify):
Status:
43. 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. [-"} Amotionto [7] consolidate | coordinate —_will be filed by (name party):
14, Bifurcation
action (specify moving party, type of motion, and reasons):
415. Other motions
416, Discovery
a. [__] The party or parties have completed all discovery.
b. [3<] The following discovery will be completed by the date specified (describe ail anticipated discovery):
Co.
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following Issues or causes of
[J The party or parties expact to file the following motions before trial (specify moving party, type of motion, and issues):
Party Description Date
Defendants Written Discovery 8/2017
Defendants Depositions 9/2017
Defendants Expert discovery Per Code
c. [x] The following discovery Issues, including Issues regarding the discovery of electronically stored Information, are
anticipated (specify):
CA10 Rev. daly 1, 201] CASE MANAGEMENT STATEMENT
Page 4 ofCM-110
PLAINTIFF/PETMONER: ALVARO ELVIR RODRIGUEZ ] [] ease NuMBER:
DEFENDANT/RESPONDENT: JAKE WEIR, BETTY WEIR, SCOTT WEIR CGC-17-556326
17. Economic litigation
a.
b. [7]
|__] This Is a limited civil case (i.¢., the amount damanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
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
(J The party or parties request that the following additional matters be considered or determined at the case management
conferance (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 parlies agree on the following
(specify):
20, Total number of pages attached (if any):
| am completely farniliar 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 al the time of
the case manggemont conference, including the written authority of the party where required.
Date: May ~ 92017,
tn tn > ;
(TYPE OR PRINT NAME) (TURE OF PARTY OR ATTORNEY)
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
__| Additional signatures are attached.
ea CASE MANAGEMENT STATEMENT rePROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
I am employed in the County of San Francisco, State of Califomia. I am over the age of 18 and
not a party to the within action. My business address is 655 Montgomery Street, Suite 1100, San
Francisco, California 94111.
On June 1, 2017 I served the foregoing document described as CASE MANAGEMENT
CONFERENCE STATEMENT on all interested parties in this action by placing a true copy thereof
enclosed in sealed envelopes addressed as stated on the attached service list:
[x]
BY MAIL - I deposited such envelope in the mail at San Francisco, California. The envelope
was mailed with postage thereon fully prepaid. 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 San
Francisco, California in the ordinary course of business. 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 (1) day after date of deposit for mailing in affidavit.
BY PERSONAL SERVICE - I caused such envelope to be delivered by a process server
employed by ProLegal Attorney Services.
VIA FACSIMILE- I faxed said document, to the office(s) of the addressee(s) shown above, and
the transmission was reported as complete and without error.
BY ELECTRONIC TRANSMISSION - I transmitted a PDF version of this document by
electronic mail to the party(s) identified on the attached service list using the e-mail address(es)
indicated.
BY OVERNIGHT DELIVERY - I deposited such envelope for collection and delivery by
Federal Express with delivery fees paid or provided for in accordance with ordinary business
practices. I am “readily familiar” with the firm’s practice of collection and processing packages
for overnight delivery by Federal Express. They are deposited with a facility regularly
maintained by Federal Express for receipt on the same day in the ordinary course of business.
(State) I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
(Federal) I declare that I am employed in the office of a member of the bar of this Court at
whose direction the service was made,
Executed on June 1, 2017, at San Francisco, California.
ES. T
f\casesflashi.5225\pos\master proof of service.docx
PROOF OF SERVICESERVICE LIST
Alvaro Elvir Rodriguez v Jake Weir, Betty Weir, Scott Weir and Does I to 10
San Francisco County Superior Court Case No.: CGC 17-556326
Shawn Ridgell, Esq.
LAW OFFICES OF SHAWN RIDGELL
2128 Broadway
Oakland, CA 94612
Tel: 510-986-1300
Fax: 510-986-1301
f\casesftaahi.5225\pos\master proof of service.docx
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PROOF OF SERVICE