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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Mar-28-2012 11:41 am
Case Number: CGC-12-517517
Filing Date: Mar-28-2012 11:40
Filed by: RONNIE OTERO
Juke Box: 001 Image: 03554072
CASE MANAGEMENT STATEMENT
MILAGROS LIBRE VS. BRIAN HART et al
001003554072
Instructions:
Please place this sheet on top of the document to be scanned.fo “~~
—
~
CM-140
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number. and address) FO! ONLY
DALE L. ALLEN, JR., #145279 “ SUPERIOR
DIRK D. LARSEN, #246028 coun Coury
LOW, BALL & LYNCH TY OF SRN FRANCISCO
5305 MONTGOMERY STREET, 7TH FLOOR
SAN FRANCISCO, CA 94111 T2MAR 28 AM Me 3
Tevepnone no. 415.981.6630 eaxno, optorap, 415.982.1634 CLERK OF THE Coury
E-MAIL ADDRESS (Optonay dallen@lowball.com; dlarsen@lowball.com
ATTORNEY FOR ‘wane Defs Brian Hart: DeSoto Cab Company by.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Fran DEPUTY CLEAK
street appress: 400 McAllister Street
MAILING ADDRESS:
ciry ano zipcove San Francisco, CA 94102
co
BRANCH NAME:
PLAINTIFF/PETITIONER: MILAGROS LIBRE 7
DEFENDANT/RESPONDENT:BRIAN HART; DESOTO CAB COMPANY, INC.
CASE NUMBER
CASE MANAGEMENT STATEMENT
(Check one): [x } UNLIMITED CASE [__] LIMITED CASE CGC-12-517517
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: June 22, 2012 Time: 2:00 pm Dept.: 610
Address of court (if different from the address above):
Div.: Room:
(3¢7 Notice of Intent to Appear by Telephone, by (name): Dale L. Allen, Jr.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a.
b.
Lx]
C
LI
This statement is submitted by party (name):Briam Hart; DeSoto Cab Company
This statement is submitted jointly by parties (names):
2. Complaint and cross-compiaint (to be answered by plaintiffs and cross-complainants only)
complaint was filed on (date):
The cross-complaint, if any, was filed on (date):
(to be answered by plaintiffs and cross-complainants only)
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-complaint
a. The
b,
3. Service
a []
b. [—
« []
4. Description of case
(1) (1 have not been served {specify names and expiain 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):
| The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
a. Typeofcasein {Xx ] complaint (_] cross-complaint (Describe, including causes of action):
Personal Injury
Page t of §
Judicial Couneil of California
(CM-110 Rev. July 1, 2011]
Form adore for Mandatory Use CASE MANAGEMENT STATEMENT schiff Ries 320780
lulions:~ ~
~ ~ cM-140
PLAINTIFF/PETITIONER: MILAGROS LIBRE CASE NUMBER:
| DEFENOANT/RESPONDENT: BRIAN HART; DESOTO CAB COMPANY, INC, | CGC-12-517517
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, fost
eamings to date, and estimated future lost eamings. if equitable relief is sought, describe the nature of the relief.)
Defendant driver struck plaintiff while backing up cab
5. Jury or nonjury trial
The party or parties request
requesting a jury trial):
6. Trial date
ixja
[__] (ifmore space is needed, check this box and attach a page designated as Attachment 4b.)
jury trial [“~] anonjury trial. (if more than one party, provide the name of each party
a. [__} The trial has been set for (date):
b. LX_] 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):
Trials-2012: 9/17(2wks); 1oriwks), 10/29(1wk); 12/10(1 wks)
joa
The party or parties estimate that the trial will take (check one):
a. Lx] days (specify number): (five) S
b. [| hours (short causes) (specify):
Trials: 2013: 3/5(22wks
VACATION: 7/16-8/6
7. Estimated length of trial
wks)
8. Trial representation (to be answered for each party}
The party or parties will be represented at trial {_x_] by the attorney or party listed in the caption by the following:
Firm:
Address:
Telephone number:
E-mail address:
peer?
9. Preference
Attorney: Dale L. Allen, Jr.
f. Fax number:
g. Party represented:
Additional representation is described in Attachment 8.
_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 (x ] 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) [£7] 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.
@ CL 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):
CNA [Rev duly 1, 2011]
CASE MANAGEMENT STATEMENT Page 2 of 5c S
CM-110
[ PLAINTIFF/PETITIONER: MILAGROS LIBRE CASE NUMBER
EFENDANT/RESPONDENT: BRIAN HART; DESOTO CAB COMPANY, INC. CGC-12-517517
LL
10. ¢. 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 aif 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 (affach a copy of the parties' ADR
processes (check all that apply): | stipulation):
[_~] Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation ix] sat
Agreed to complete mediation by (date):
[7] Mediation completed on (date):
{__] Settlement conference not yet scheduled
(2) Settlement Oo [_} Settlement conference scheduled for (date):
conference [] Agreed to complete settlement conference by (date):
{~] Settlement conference completed on (date):
| Neutral evaluation not yet scheduled
- [“""] Neutral evaluation scheduled for (date):
(3) Neutral evaluation Lo]
|__]} Agreed to complete neutral evaluation by (date):
{__] Neutral evaluation completed on (date):
———______| |
[|__| Judicial arbitration not yet scheduled
(4) Nonbinding judicial 4 Judicial arbitration scheduled for (date):
arbitration Agreed to complete judicial arbitration by (date):
~] Judiciat arbitration completed on (dafe):
L....) Private arbitration not yet scheduled
(] Private arbitration scheduled for (date):
(5) Binding private tc a
arbitration L__] Agreed to complete private arbitration by (date):
{_] Private arbitration completed on (date):
[7 ADR session not yet scheduled
— ADR session scheduled for (date):
(6) Other (specify): Lj
Agreed to complete ADR session by (date):
[_] ADR completed on (date):
M110 [Rev July 1, 2041}
CASE MANAGEMENT STATEMENT Page3ot§”
-
PLAINTIFF/PETITIONER: MILAGROS LIBRE
DEFENDANT/RESPONDENT: BRIAN HART; DESOTO CAB COMPANY, INC. CGC-12-517517
CASE NUMBER
41. Insurance
a
b.
c.
Reservation of rights) ["_] Yes
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:
Insurance carrier, if any, for party filing this statement (name):
No
L__i Coverage issues will significantly affect resolution of this case (explain):
13. Related cases, consolidation, and coordination
a.
b.
(41) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
There are companion, underlying, or related cases.
[_} Additional cases are described in Attachment 13a.
__} Amotionto [—_] consolidate
14. Bifurcation
__| The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
15. Other motions
CI
16. Discovery
a
b.
Party
Defendants Brian Hart & DeSoto Cab
Company
coordinate will be filed by (name party):
action (specify moving party, type of motion, and reasons):
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
“I The party or parties have completed all discovery.
Lx_| The following discovery will be completed by the date specified (descnibe aif anticipated discovery):
Description Date
Written discovery May 2012
Depositions
c. |] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
M-110 [Rev. July 1, 2071]
CASE MANAGEMENT STATEMENT Page 4 05- —
_ —
CM-110
PLAINTIFF/PETITIONER: MILAGROS LIBRE CASE NUMBER:
DEFENDANT/RESPONDENT: BRIAN HART; DESOTO CAB COMPANY, INC. CGC-12-517517
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. [x_] 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: March 2020 12
iy CN
Dale L. Allen, Jr. » Leen /}
(SIGN
(TYPE OR PRINT NAME)
IATURE OF PAR
>
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY}
Additional signatures are attached.
GO Rov ay 17011 CASE MANAGEMENT STATEMENT PagersRw NHN
)
o
ww
Milagros Libre vs Brian Hart, DeSoto Cab Company Inc.
San Francisco Superior Court No. CGC-12-517517
PROOF OF SERVICE
lam over the age of eighteen (18) years and not a party to the within action. I am employed at
Low, Ball & Lynch, 505 Montgomery Street, 7" Floor, San Francisco, California 94111.
On the date indicated below, I served the following documents enclosed in a sealed envelope on
the listed addresses:
DOCUMENT(S): CASE MANAGEMENT STATEMENT
ADDRESSES:
Francis J. Shehadeh
Law Offices of Francis J. Shehadeh
819 Eddy Street
San Francisco, CA 94109
Tel: 415-771-6174; Fax: 415-474-3748
[Xx] (BY MAIL) I placed a truc copy, enclosed in a sealed, postage paid envelope, and deposited
same for collection and mailing at San Francisco, California, following ordinary business
practices, addressed as set forth below.
0 (BY PERSONAL SERVICE) | caused each such envelope to be delivered by hand to the
addressees noted above or on the attachment herein by Legal Services.
0 (BY FACSIMILE) | caused the said document to be transmitted by Facsimile transmission to
the number indicated after the addresses noted above or on the attachment herein.
O (BY OVERNIGHT COURIER) I caused each such envelope addressed to the parties to be
deposited in a box or other facility regularly maintained by the overnight courier or driver
authorized by the overnight courier to receive documents.
0 (BY E-MAIL/ELECTRONIC TRANSMISSION) I caused the said document(s) to be sent to
the person(s) at the e-mail address(es) indicated above or on the attachment herein.
Iam readily familiar with this law firm’s practice for the collection and processing of documents
for regular and certified mailing, overnight mail, and facsimile transaction, and said document(s) are
deposited with the United States Postal Service or overnight courier depository on the same day in the
ordinary course of business.
I dectare under penalty of perjury that the foregoing is true and correct.
Executed at San Francisco, California on March 28, 2012.
M. Kathryn Mag6field
4152758\SEOOOS'SPOS.wpd