Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Bradley J. Swingle, 171535 Electronically Filed
Arata Swingle Van Egmond & Heidinger Superior Court of California
1207 I Street County of San Joaquin
Modesto, CA 95354 2022-08-25 08:07:11
(209)522-2211
TELEPHONE NO.: (Optiona/):(209)522-2980
FAX NO.
Clerk: Danielle Jeandebien
bswingle@arata-law.com
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): City of Lodi
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Joaquin
sTREETADDREss: 180 E. Weber Avenue, Ste. 200
MAILING ADDREss:180 E. Weber A venue, 2nd Floor
Stockton, 95202
c1TY AND z1P coDE:
BRANCH NAME: Stockton Courthouse
PLAINTIFF/PETITIONER: Sandra Garcia
DEFENDANT/RESPONDENT: City of Lodi, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [Kl UNLIMITED CASE CJ LIMITED CASE
(Amount demanded (Amount demanded is $25,000 STK-CV-UPI-2021-2 445
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:September 15, 2022 Time: 8:45 a.m. Dept.: lOB Div.: Room:
Address of court (if different from the address above):
CK] Notice of Intent to Appear by Telephone, by (name): Bradley J. Swingle
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [K] This statement is submitted by party (name): City of Lodi
b. [:J 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 filed on (date):
b. [:J The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. c=J All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [:J The following parties named in the complaint or cross-complaint
(1) [:J have not been served (specify names and explain why not):
(2) [:J have been served but have not appeared and have not been dismissed (specify names):
(3) [:J have had a default entered against them (specify names):
c. [:J 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. Type of case in [2SJ complaint CJ cross-complaint (Describe, including causes of action):
Trip and fall.
Pa e 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of California rules 3.720-3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Sandra Garcia
STK-CV-UPI-2021-2445
DEFENDANT/RESPONDENT:City of Lodi, et al.
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.)
This is a trip and fall case .. Discovery is in its early stages.
c=] (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 CK] 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. CKJ 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):
Pending trials: 9/2022-12/2022; 01/2023-07 /2023; 08/21/2023; 10/17/2023; 03/05/2024; 06/04/2024; 07/16/2024;
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [fil days (specify number):4-5
b. c=J hours (short causes) (specify):
8. Trial representation (to be answered for each party)
[RJ
The party or parties will be represented at trial by the attorney or party listed in the captionc=J 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 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [RJ has c=J 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: Partyc=J 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) c=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) CJ 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) c=J of the California Rules of Court or from civil action
This case is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CASE NUMBER:
PLAINTIFF/PETITIONER:Sandra Garcia
DEFENDANT/RESPONDENT: City of Lodi, et al. STK-CV-UPI-2021-2445
11. Insurance
a. [K] Insurance carrier, if any, for party filing this statement (name).The City of Lodi is self-insured up to $500,000 for this claim.
b. Reservation of rights: c:J Yes c:J No
c. c:J 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.
c:J Bankruptcy c:J Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. c:J There are companion, underlying, or related cases.
(1)Name of case:
(2)Name of court:
(3)Case number:
(4)Status:
c:J Additional cases are described in Attachment 13a.
b. c:J A motion to c:J consolidate c:J coordinate will be filed by (name party):
14. Bifurcation
c:J 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
c:J The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. c:J The party or parties have completed all discovery.
b. [X] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description
City of Lodi Deposition of Plaintiff 10/2022
City of Lodi Depositions of witnesses 12/2022
City of Lodi Expert depositions Per Code
c. c:J The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Sandra Garcia
DEFENDANT/RESPONDENT: City of Lodi, et al. STK-CV-UPI-2021-2445
17. Economic litigation
a.CJ 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. CJ 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
CJ 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. [KJ 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):
----
1am 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:August 25, 2022
Bradley J. Swingle
(TYPE OR PRINT NAME)
â–º (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) â–º (SIGNATURE OF PARTY OR ATTORNEY)
CJ Additional signatures are attached.
CM-110 [Rev. July 1, 2011) Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
2 I am employed in the County of Stanislaus; my business address is P.O. Box 3287, Modesto,
California 95353. I am over the age of 18 years and not a party to the foregoing action.
3
On August 25, 2022, I served the following document(s):
4
CASE MANAGEMENT STATEMENT
5
By mail on the following party(ies) in said action, in accordance with Code of Civil Procedure
6 Section 1013a, by placing a true copy thereof enclosed in a sealed envelope in the firm's daily
mail processing center for mailing in the United States mail at Modesto, California.
7
By personal delivering a true copy thereof; in accordance with Code of Civil Procedure
8 Section 1011, to the person(s) and at the address(es) set forth below.
9 By overnight delivery on the following party(ies) in said action, in accordance with Code of
Civil Procedure Section 1013(c), by placing a true copy thereof enclosed a sealed envelope,
10 with delivery fees paid or provided for, in a designated area for outgoing overnight mail,
addressed as set forth below.
11
By facsimile transmission, by use of facsimile machine in accordance with Code of Civil
12 Procedure Section 1013(e) and California Rules of Court 2008(e), to the following party(ies)
at the facsimile number(s) indicated. This transmission was reported as complete and without
13 error.
14 X By electronic mail, by use of electronic transmission in accordance with Code of Civil
Procedure Section 1010.6(a)(l)(A), to the following party(ies) at the email address indicated
15 below.
Sharona Eslamboly Hakim Lakeysia R. Beene
16 Narek Postajian Stratman & Williams-Abrego
Law Offices of Eslamboly Hakim P.O. Box 258829
17 8730 Wilshire Blvd., Ste. 500 Oklahoma City, OK 73125-8829
Beverly Hills, CA 90211 Phone: 916-503-2777
18 Phone: 310-289-9100 Email: norcal.legal@farmersinsurance.com
Fax: 310-289-9101
19 Email: narek sehlawfirm.com
20
I declare under penalty of perjury under the laws of the State of California that the foregoing is
21 true and correct and that this document was executed on August 25~ 2022, at Modesto, California.
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