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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Samer Aboutalib, SBN 268504
THE DUNNION LAW FIRM
2711 Garden Road
Monterey, CA 93940
(831) 373-8035
TELEPHONE NO.: (831) 375-4124
FAX NO. (Optional):
injurylaw@dunnion.com
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Plaintiff, DOLORES MARIE DELANCEY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno E-FILED
STREET ADDRESS: 1130 O Street, Fourth Floor 4/20/2020 4:40 PM
MAILING ADDRESS: 1130 O Street, Fourth Floor Superior Court of California
CITY AND ZIP CODE: Fresno, CA 93724
County of Fresno
BRANCH NAME:
By: I. Herrera, Deputy
PLAINTIFF/PETITIONER:DOLORES MARIE DELANCEY
DEFENDANT/RESPONDENT:KAYLI CASEY JANKOWSKI; JENNIE ALMEIDA
CASE NUMBER:
CASE MANAGEMENT STATEMENT
(Check one): x UNLIMITED CASE LIMITED CASE 19CECG04290
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 05/01/20 Time: 1:30PM Dept.: 402 Div.: Room:
Address of court (if different from the address above):
x Notice of Intent to Appear by Telephone, by (name): Samer Aboutalib, SBN 268504
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. x This statement is submitted by party (name): Plaintiff, DOLORES DELANCEY
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): 11/27/19
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. x The following parties named in the complaint or cross-complaint
(1) x have not been served (specify names and explain why not): Kayli Casey Jankowski and Jennie Almeida
have not been served. Service is ongoing.
(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):
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. Type of case in x complaint cross-complaint (Describe, including causes of action):
Auto v. Auto accident resulting in personal injury; Two Causes of Action: Motor Vehicle and General Negligence
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. July 1, 2011]
CM-110
PLAINTIFF/PETITIONER: DOLORES MARIE DELANCEY CASE NUMBER:
19CECG04290
DEFENDANT/RESPONDENT: KAYLI CASEY JANKOWSKI; JENNIE ALMEIDA
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.)
Defendant, JANKOWSKI drove her vehicle at unsafe speed for conditions and was not able to stop in time, rear ending
Plaintiff, DELANCEY's stopped vehicle. Plaintiff's medical specials to date are in excess of $20,130.73.
(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 triaI 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. 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):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
07/07/20-07/10/20; 07/27/20-07/31/20; 12/15/20-12/18/20; 3/15/21-03/19/21; 4/5/21-4/9/21
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. x days (specify number): 3-5 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 by the following:
a. Attorney:
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 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) 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) 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):
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: DOLORES MARIE DELANCEY CASE NUMBER:
KAYLI CASEY JANKOWSKI; JENNIE ALMEIDA 19CECG04290
DEFENDANT/RESPONDENT:
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):
x Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation x
Agreed to complete mediation by (date):
Mediation completed on (date):
x Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
x
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
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
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):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: DOLORES MARIE DELANCEY CASE NUMBER:
DEFENDANT/RESPONDENT: KAYLI CASEY JANKOWSKI; JENNIE ALMEIDA 19CECG04290
11. Insurance
a. x Allstate Insurance Company
Insurance carrier, if any, for party filing this statement (name):
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.
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 wiII 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
x The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Standard Motions in Limine
16. Discovery
a. 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 Date
Plaintiff Written Discovery TBD
Plaintiff Non-Expert Depositions TBD
Plaintiff Expert Depositions TBD
c. 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
PLAINTIFF/PETITIONER: DOLORES MARIE DELANCEY CASE NUMBER:
DEFENDANT/RESPONDENT: KAYLI CASEY JANKOWSKI; JENNIE ALMEIDA 19CECG04290
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
Defendants have not been served.
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):
I 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: 4/17/20
Samer Aboutalib, SBN 268504
(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. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Samer Aboutalib, SBN 268504 THE DUNNION LAW FIRM 2711 Garden Road Monterey, CA 93940 (831) 373-8035 TELEPHONE NO.: (831) 375-4124 FAX NO. (Optional): injurylaw@dunnion.com E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiff, DOLORES MARIE DELANCEY SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno E-FILED STREET ADDRESS: 1130 O Street, Fourth Floor 4/20/2020 4:40 PM MAILING ADDRESS: 1130 O Street, Fourth Floor Superior Court of California CITY AND ZIP CODE: Fresno, CA 93724 County of Fresno BRANCH NAME: By: I. Herrera, Deputy PLAINTIFF/PETITIONER:DOLORES MARIE DELANCEY DEFENDANT/RESPONDENT:KAYLI CASEY JANKOWSKI; JENNIE ALMEIDA CASE NUMBER: CASE MANAGEMENT STATEMENT (Check one): x UNLIMITED CASE LIMITED CASE 19CECG04290 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 05/01/20 Time: 1:30PM Dept.: 402 Div.: Room: Address of court (if different from the address above): x Notice of Intent to Appear by Telephone, by (name): Samer Aboutalib, SBN 268504 INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. x This statement is submitted by party (name): Plaintiff, DOLORES DELANCEY 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): 11/27/19 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. x The following parties named in the complaint or cross-complaint (1) x have not been served (specify names and explain why not): Kayli Casey Jankowski and Jennie Almeida have not been served. Service is ongoing. (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): 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. Type of case in x complaint cross-complaint (Describe, including causes of action): Auto v. Auto accident resulting in personal injury; Two Causes of Action: Motor Vehicle and General Negligence Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. July 1, 2011] CM-110 PLAINTIFF/PETITIONER: DOLORES MARIE DELANCEY CASE NUMBER: 19CECG04290 DEFENDANT/RESPONDENT: KAYLI CASEY JANKOWSKI; JENNIE ALMEIDA 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.) Defendant, JANKOWSKI drove her vehicle at unsafe speed for conditions and was not able to stop in time, rear ending Plaintiff, DELANCEY's stopped vehicle. Plaintiff's medical specials to date are in excess of $20,130.73. (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 triaI 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. 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): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 07/07/20-07/10/20; 07/27/20-07/31/20; 12/15/20-12/18/20; 3/15/21-03/19/21; 4/5/21-4/9/21 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. x days (specify number): 3-5 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 by the following: a. Attorney: 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 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) 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) 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): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: DOLORES MARIE DELANCEY CASE NUMBER: KAYLI CASEY JANKOWSKI; JENNIE ALMEIDA 19CECG04290 DEFENDANT/RESPONDENT: 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): x Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation x Agreed to complete mediation by (date): Mediation completed on (date): x Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference x 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 Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private 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): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: DOLORES MARIE DELANCEY CASE NUMBER: DEFENDANT/RESPONDENT: KAYLI CASEY JANKOWSKI; JENNIE ALMEIDA 19CECG04290 11. Insurance a. x Allstate Insurance Company Insurance carrier, if any, for party filing this statement (name): 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. 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 wiII 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 x The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Standard Motions in Limine 16. Discovery a. 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 Date Plaintiff Written Discovery TBD Plaintiff Non-Expert Depositions TBD Plaintiff Expert Depositions TBD c. 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 PLAINTIFF/PETITIONER: DOLORES MARIE DELANCEY CASE NUMBER: DEFENDANT/RESPONDENT: KAYLI CASEY JANKOWSKI; JENNIE ALMEIDA 19CECG04290 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 Defendants have not been served. 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): I 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: 4/17/20 Samer Aboutalib, SBN 268504 (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. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT