Preview
CM-110
| ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Evan J. Spano, SBN 311309 FOR COURT USE ONY
Harris Personal Injury Lawyers
1025 Farmhouse Lane 2F
‘San Luis Obispo, CA 93401
TELEPHONE NO.: 805-544-0100. FAX NO. (Optional): 805-544-0101
E-MAIL ADDRESS: evan@harrispersonalinjury.com
ATTORNEY FOR (Name): Plaintiff Quince McAllister
|SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 1200 Aguajita Road
MAILING ADDRESS:
CITY AND ZIP CODE: Monterey, 93940
BRANCH NAME: Unlimited Civil
PLAINTIFF/PETITIONER: Quince McAllister
DEFENDANT/RESPONDENT: KC Auto Service LLC, et al
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): (3¢] UNLIMITED CASE [ uimrep case 22CV002248
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
|A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 29, 2022 Time: 9:00 AM Dept: 15 Div.: Room:
|Address of court (if different from the address above):
[GC] Notice of Intent to Appear by Telephone, by (name): Evan Spano, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. [5€] This statement is submitted by party (name): Plaintiff Quince McAllister
b. [] 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): August 1, 2022
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [__] All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [3c] The following parties named in the complaint or cross-complaint
(1) [<7] have not been served (specify names and explain why not):
John Gill (believed to be deceased)
(2) [3¢] have been served but have not appeared and have not been dismissed (specify names):
KC Auto Service LLC, King City Auto dba Carquest, Carquest, Advance Auto Parts, Rio Farms
(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):
4. Description of case
a. Type of casein [Xx] complaint [5 cross-complaint (Describe, including causes of action):
Negligence - forklift incident causing permanent injury to Plaintiffs hand
page tof
erm Adopt for Mandatory Use CASE MANAGEMENT STATEMENT “pion 37203735
‘CM-110 (Rev. September 1, 2021], waw.courts.ca.govCM-110
PLAINTIFF/PETITIONER: Quince McAllister CASE NUMBER:
DEFENDANT/RESPONDENT: KC Auto Service LLC, et al 22CV002248
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 )
October 28, 2020 forklift incident causing permanent injury to Plaintiff's hand. Plaintiffs medical specials to date equal or
exceed $91,355.76. Future medical specials, lost wages, and general damages according to proof at the time of trial.
(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 [X_] a jury trial [1 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. [5] 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):
¢. Dates on which parties or attorneys will not be available for “rial (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. [_x ] days (specify number): 7-10 days
b. hours (short causes) (specify):
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 X_] by the following:
a. Attorney: Evan Spano and Ranger Wiens of Harris Personal Injury Lawyers
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 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 [__] has x] 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) [J 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):
SARI patente}, 2021] CASE MANAGEMENT STATEMENT mage zorCM-110
PLAINTIFF/PETITIONER: Quince McAllister
DEFENDANT/RESPONDENT: KC Auto Service LLC, et al
CASE NUMBER:
22CV002248
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
this form are willing to
participate in the following ADR
processes (check all that apply):
If the party or parties 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 (attach a copy of the parties’ ADR
stipulation):
x_] Mediation session not yet scheduled
[J Mediation session scheduled for (date);
i x
(1) Mediation (1) Agreed to complete mediation by (date):
[J Mediation completed on (date):
x_] Settlement conference not yet scheduled
(2) Settlement ba Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
[J Neutral evaluation not yet scheduled
. Neutral evaluation scheduled for (date):
(3) Neutral evaluation ‘
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
[Judicial arbitration not yet scheduled
(4) Nonbinding judicial oo [—) Judicial arbitration scheduled for (date):
arbitration [] Agreed to complete judicial arbitration by (date):
[1 Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
[1] ADR session not yet scheduled
i hi ):
(6) Other (specify mM [1 ADR session scheduled for (date).
[1 Agreed to complete ADR session by (date):
[1] ADR completed on (date):
(CM-110 [Rev. September 1, 2027]
CASE MANAGEMENT STATEMENT
Page 3 ofCM-110
PLAINTIFF/PETITIONER: Quince McAllister CASE NUMBER
DEFENDANT/RESPONDENT: KC Auto Service LLC, et al 22Cv002248
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. [__] Amotion to [1 consolidate coordinate will be filed by (name party):
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 party, type of motion, and reasons):
15. Other motions
[© The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. [] The party or parties have completed all discovery.
b. [5€] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Initial Written Discovery In Progress
Defendant Deposition of Plaintiff February 22, 2023
Plaintiff Deposition of Defendant(s) Not Scheduled Yet
Plaintiff Deposition of Witnesses Per Statute
Plaintiff Expert Discovery Per Statute
e
The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
‘CMAT0 (Rev. September 1, 2027] CASE MANAGEMENT STATEMENT paoedertCM-110
PLAINTIFF/PETITIONER: Quince McAllister CASE NUMBER:
DEFENDANT/RESPONDENT: KC Auto Service LLC, et al 22CV002248
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. Lx] 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: November 7, 2022 LE
Evan J. Spano, Esq. >
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
(CM-110 [Rev. September 1, 2024] CASE MANAGEMENT STATEMENT Page 5 of 5McAllister v KC Auto Service LLC, et al
PROOF OF SERVICE
STATE OF CALIFORNIA)
)
COUNTY OF SAN LUIS OBISPO)
Iam employed in the County of San Luis Obispo, State of California. I am over the age of 18 years an
not a party to this within action; my business address is 1025 Farmhouse Lane 2â„¢ Floor, San Luis Obispo,
CA 93401. I am familiar with the operation of the office fax machine, and I am familiar with the mai
collection and process of the City of San Luis Obispo in which the mail is deposited with the United States
Postal Service on the same day that it is deposited for collection and mailing, in the ordinary course off
business.
On November 7, 2022 I served the following documents described as:
PLAINTIFF’S CASE MANAGEMENT STATEMENT
on the interested parties in this action:
SEE ATTACHED SERVICE LIST
[X] Via the United States Postal Service by causing a true copy thereof to be placed in a sealed envelop
with postage thereon fully prepaid in the designated area for outgoing mail.
[X] Via Electronic Mail by causing a true copy thereof to be sent electronically from this Firm to the
electronic service address as listed for interested parties on the date indicated herein.
I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
Executed on November 7, 2022 at San Luis Obispo, California]
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Proof of ServiceService List
William S. Kronenberg, Esq.
Jason K. Cheung, Esq.
KRONENBERG LAW PC
1 Kaiser Plaza Suite 1675
Oakland, CA 94612-3699
wkronenberg@krolaw.com
jcheung@krolaw.com
pyanes@krolaw.com
Attorneys for Defendant Javier Garcia
David S. Rosenbaum, Esq.
Jennifer A. Emmaneel, Esq.
W. Ethan McCallum, Esq.
MCDOWALL COTTER, A.P.C.
2070 Pioneer Court
San Mateo, CA 94403
drosenbaum@medlawyers.net
jemmaneel@mcdlawyers.net
emcecallum@mcedlawyers.net
mgreenhalgh@mcdlawyers.net
Attorneys for Defendants David Gill, Susan Gill, Western Harvesting LLC, and Western Harvesting
Transport LLC
Jamie O. Norman, Esq.
LITCHFIELD CAVO LLP
2 North Lake Avenue, Suite 400
Pasadena, CA 91101
norman@litchfieldcavo.com
Attorneys for Defendant Golden State Supply LLC
Anna J. Monteleone, Esq.
Michael Sullivan & Associates LLP
PO Box 85059
San Diego, CA 92186-5059
amonteleone@sullivanattorneys.com
nburrowes@sullivanattorneys.com
Attorneys for Plaintiff-in-Intervention UPS of America, Inc.
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Proof of Service