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OA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Dec-19-2012 9:05 am
Case Number: CGC-12-523178
Filing Date: Dec-19-2012 9:05
Filed by: WESLEY G. RAMIREZ
Juke Box: 001 Image: 03879393
CASE MANAGEMENT STATEMENT
BROOKE BOTTICELLI VS. ELIZABETH SINCLAIR et al
001003879393
Instructions:
Please place this sheet on top of the document to be scanned.CM-110
‘The Michael Law Firm
TeLerHone no.: (415) 447-3833,
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stafe Bar number, and address)
Issa J. Michael, Esq. (SBN 184256); Alexis Davidson, Esq. (SBN 281518)
1648 Union Street, Suite 201, San Francisco, CA 94123
FAX NO. (Optional): (415) 447-2834
E-MAIL ADDRESS (Optiona): issa @ michaellawsf.com
ATTORNEY FOR (Name): Brooke Botticelli, Plaintiff
street aooress: 400 McAllister Street
MAILING ADDRESS:
CITY AND ZIP CODE: San Francisco 94102
BRANCH NAME: Unlimited Jurisdiction
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
PLAINTIFF/PETITIONER: Brooke Botticelli
DEFENDANT/RESPONDENT: Elizabeth Sinclair, et al.
FOR COURT USE ONLY
LL.£D
Superer op anrPrancteco
DEC 19 zute
CLERK 2 = COURT
er Deputy Clerk
(7) UNLIMITED CASE
(Amount demanded
exceeds $25,000)
(Check one):
CASE MANAGEMENT STATEMENT
LIMITED CASE
(Amount demanded is $25,000
or less)
‘CASE NUMBER
CGC-12-523178
Date: January 16, 2013
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Time: 10:30am
Address of court (if different from the address above):
Dept: 610
Notice of Intent to Appear by Telephone, by (name):
Div.:
Room:
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a
This statement is submitted by party (name): Brooke Botticelli, Plaintiff
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 13, 2012
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a
b. The following parties named in the complaint or cross-complaint
(1)
(2)
(3)
have not been served (specify names and explain why not)
have had a default entered against them (specify names):
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
have been served but have not appeared and have not been dismissed (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 Cv
complaint
Personal Injury (Auto v. Auto)
cross-complaint
(Describe, including causes of action):
Page 408
Form Adopted for Mandatory U: Cal, Rules of Court,
sels Counc of Catania CASE MANAGEMENT STATEMENT Tes 3 720-0700
GhtstoiRen day 204) wn cours. cagovCM-110
PLAINTIFF/PETITIONER: Brooke Botticelli
DEFENDANT/RESPONDENT: Elizabeth Sinclair, et al.
‘CASE NUMBER’
CGC-12-523178
4. b. Provide a brief statement of the case, including any damages. (/f 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
eamings to date, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief.)
This case arises from a rear-end car accident. Plaintiff sustained serious neck, upper back, abdomen, and other
injuries. Her past and future medicals and loss of earnings may exceed $50,000.
5. Jury or nonjury trial
The party or parties request ¥_] a jury trial
requesting a jury trial):
6. Trial date
a The trial has been set for (date):
a nonjury trial
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
(if more than one party, provide the name of each party
b. LZ] 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):
4/22-4/26 (Trial); 5/13- 5/17 (Trial); 6/3-6/7 (Trial); 11/4-11/8 (Trial)
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [2] days (specify number): 5-7
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial
a. Attorney:
b. Firm:
c. Address:
d
e.
Telephone number:
E-mail address:
Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
by the attorney or party listed in the caption
by the following:
—. Fax number:
g. Party represented:
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 L¥_] 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
statutory limit.
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
(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):
(CM-110 [Rev. July 1, 2094]
CASE MANAGEMENT STATEMENT Page 20f§CM-110
| PLAINTIFF/PETITIONER: Brooke Botticelli [CASE NUMBER:
PEFENDANT/RESPONDENT: Elizabeth Sinclair, et al. CGC-12-523178
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 all that apply): | stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
(1) Mediation
(2) Settlement
conference
Settlement conference not yet scheduled
Settlement conference scheduled for (dafe):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3) Neutral evaluat Neutral evaluation scheduled for (date):
leutral 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):
arbitration 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):
UOOUU)OU00;/CO00;0000)0000;0000
ADR completed on (date):
(CM-110 (Rev, July 1, 2017] Page Sof 6
CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER: Brooke Botticelli CASE NUMBER:
CGC-12-523178
DEFENDANT/RESPONDENT: Elizabeth Sinclair, et al.
14. 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. A motion to consolidate coordinate will be filed by (name party):
14. Bifurcation
L__] 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. L¥ J The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff/Defendant Party Depositions February 2012
Plaintiff/Defendant Expert Discovery Per Statute
The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
(CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 4 of §CM-110
PLAINTIFF/PETITIONER: Brooke Botticelli CASE NUMBER
\— - CGC-12-523178
DEFENDANT/RESPONDENT: Elizabeth Sinclair, et al.
17. Economic litigation
a. This is a limited civil case (i.¢., 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: December 17, 2012
Issa J. Michael, Esq. »
(TYPE OR PRINT NAME)
‘URE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
M70 Rew ay 12071 CASE MANAGEMENT STATEMENT Page SorSO mem ND HW PB WN |
PROOF _OF SERVICE
RE: Brooke Botticelli v. Elizabeth Sinclair, et al.
San Francisco Superior Court Case No. CGC-12-523178
I, Kaitlyn Johnson, hereby declare and state that:
I am over the age of eighteen years, employed in the City and County of San)
Francisco, California, and not a party to the within action. My business address is 1648)
Union Street, Suite 201, San Francisco, CA 94123.
On the date set forth below, I served the within:
CASE MANAGEMENT STATEMENT
on the following party(ies) to this action by placing a true copy thereof enclosed in a sealed
envelope addressed as follows:
Sabrina Berdux, Esq.
Stratman, Patterson & Hunter
505 14" Street, Suite 400
Oakland, CA 94612-1913
Fax: 510-238-8968
[X] (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in|
the United States mail at San Francisco, California. I am familiar with my company’
practice whereby the mail, after being placed in a designated area, is given th
appropriate postage and is deposited in a U.S. mail box in San Francisco, California,
in the ordinary course of business. |
o (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to
addressee at the address listed above.
0 (BY FACSIMILE) I personally sent to the addressee's telecopier number (stated)
above) a true copy of the above-described documents.
I declare under penalty of perjury under the laws of the State of California that thd
foregoing is true and correct. Executed on December 17, 2012 at San Francisco, California.
Ay Johnson
-1-
PRONE OAR CLDUICL
Preview
OA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Dec-19-2012 9:05 am Case Number: CGC-12-523178 Filing Date: Dec-19-2012 9:05 Filed by: WESLEY G. RAMIREZ Juke Box: 001 Image: 03879393 CASE MANAGEMENT STATEMENT BROOKE BOTTICELLI VS. ELIZABETH SINCLAIR et al 001003879393 Instructions: Please place this sheet on top of the document to be scanned.CM-110 ‘The Michael Law Firm TeLerHone no.: (415) 447-3833, "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stafe Bar number, and address) Issa J. Michael, Esq. (SBN 184256); Alexis Davidson, Esq. (SBN 281518) 1648 Union Street, Suite 201, San Francisco, CA 94123 FAX NO. (Optional): (415) 447-2834 E-MAIL ADDRESS (Optiona): issa @ michaellawsf.com ATTORNEY FOR (Name): Brooke Botticelli, Plaintiff street aooress: 400 McAllister Street MAILING ADDRESS: CITY AND ZIP CODE: San Francisco 94102 BRANCH NAME: Unlimited Jurisdiction SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO PLAINTIFF/PETITIONER: Brooke Botticelli DEFENDANT/RESPONDENT: Elizabeth Sinclair, et al. FOR COURT USE ONLY LL.£D Superer op anrPrancteco DEC 19 zute CLERK 2 = COURT er Deputy Clerk (7) UNLIMITED CASE (Amount demanded exceeds $25,000) (Check one): CASE MANAGEMENT STATEMENT LIMITED CASE (Amount demanded is $25,000 or less) ‘CASE NUMBER CGC-12-523178 Date: January 16, 2013 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Time: 10:30am Address of court (if different from the address above): Dept: 610 Notice of Intent to Appear by Telephone, by (name): Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a This statement is submitted by party (name): Brooke Botticelli, Plaintiff 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 13, 2012 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a b. The following parties named in the complaint or cross-complaint (1) (2) (3) have not been served (specify names and explain why not) have had a default entered against them (specify names): All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. have been served but have not appeared and have not been dismissed (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 Cv complaint Personal Injury (Auto v. Auto) cross-complaint (Describe, including causes of action): Page 408 Form Adopted for Mandatory U: Cal, Rules of Court, sels Counc of Catania CASE MANAGEMENT STATEMENT Tes 3 720-0700 GhtstoiRen day 204) wn cours. cagovCM-110 PLAINTIFF/PETITIONER: Brooke Botticelli DEFENDANT/RESPONDENT: Elizabeth Sinclair, et al. ‘CASE NUMBER’ CGC-12-523178 4. b. Provide a brief statement of the case, including any damages. (/f 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 eamings to date, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief.) This case arises from a rear-end car accident. Plaintiff sustained serious neck, upper back, abdomen, and other injuries. Her past and future medicals and loss of earnings may exceed $50,000. 5. Jury or nonjury trial The party or parties request ¥_] a jury trial requesting a jury trial): 6. Trial date a The trial has been set for (date): a nonjury trial (If more space is needed, check this box and attach a page designated as Attachment 4b.) (if more than one party, provide the name of each party b. LZ] 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): 4/22-4/26 (Trial); 5/13- 5/17 (Trial); 6/3-6/7 (Trial); 11/4-11/8 (Trial) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [2] days (specify number): 5-7 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial a. Attorney: b. Firm: c. Address: d e. Telephone number: E-mail address: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) by the attorney or party listed in the caption by the following: —. Fax number: g. Party represented: 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 L¥_] 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 statutory limit. mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the (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): (CM-110 [Rev. July 1, 2094] CASE MANAGEMENT STATEMENT Page 20f§CM-110 | PLAINTIFF/PETITIONER: Brooke Botticelli [CASE NUMBER: PEFENDANT/RESPONDENT: Elizabeth Sinclair, et al. CGC-12-523178 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 all that apply): | stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (1) Mediation (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (dafe): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3) Neutral evaluat Neutral evaluation scheduled for (date): leutral 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): arbitration 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): UOOUU)OU00;/CO00;0000)0000;0000 ADR completed on (date): (CM-110 (Rev, July 1, 2017] Page Sof 6 CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER: Brooke Botticelli CASE NUMBER: CGC-12-523178 DEFENDANT/RESPONDENT: Elizabeth Sinclair, et al. 14. 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. A motion to consolidate coordinate will be filed by (name party): 14. Bifurcation L__] 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. L¥ J The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff/Defendant Party Depositions February 2012 Plaintiff/Defendant Expert Discovery Per Statute The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of §CM-110 PLAINTIFF/PETITIONER: Brooke Botticelli CASE NUMBER \— - CGC-12-523178 DEFENDANT/RESPONDENT: Elizabeth Sinclair, et al. 17. Economic litigation a. This is a limited civil case (i.¢., 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: December 17, 2012 Issa J. Michael, Esq. » (TYPE OR PRINT NAME) ‘URE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. M70 Rew ay 12071 CASE MANAGEMENT STATEMENT Page SorSO mem ND HW PB WN | PROOF _OF SERVICE RE: Brooke Botticelli v. Elizabeth Sinclair, et al. San Francisco Superior Court Case No. CGC-12-523178 I, Kaitlyn Johnson, hereby declare and state that: I am over the age of eighteen years, employed in the City and County of San) Francisco, California, and not a party to the within action. My business address is 1648) Union Street, Suite 201, San Francisco, CA 94123. On the date set forth below, I served the within: CASE MANAGEMENT STATEMENT on the following party(ies) to this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Sabrina Berdux, Esq. Stratman, Patterson & Hunter 505 14" Street, Suite 400 Oakland, CA 94612-1913 Fax: 510-238-8968 [X] (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in| the United States mail at San Francisco, California. I am familiar with my company’ practice whereby the mail, after being placed in a designated area, is given th appropriate postage and is deposited in a U.S. mail box in San Francisco, California, in the ordinary course of business. | o (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to addressee at the address listed above. 0 (BY FACSIMILE) I personally sent to the addressee's telecopier number (stated) above) a true copy of the above-described documents. I declare under penalty of perjury under the laws of the State of California that thd foregoing is true and correct. Executed on December 17, 2012 at San Francisco, California. Ay Johnson -1- PRONE OAR CLDUICL