Preview
CM-110
ATTORNEV 0R PARTY WITHOUT ATTORNEY
(Name. Stale Barnumber, and address): FOR COURT USE ONLY
Anthony N. DeMaria #177894 E-FILED
DeMaria Law Firm, A.P.C. 4/28/2020 3:07 PM
1690 W. Shaw, suite 220 Superior Court of California
Fresno, CA 93711 County of Fresno
TELEPHONE N0.: (559) 206-241 0 FAX N0. (559) 905-671 3
(Optionan;
By: A. Rodriguez, Deputy
E-MAILADDRESS(Oph'onal):
Anoauev Foamame); Def. STATE CENTER COMMUNITY COLLEGE DISTRICT
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F FRESNO
STREETADDRess: 1130 O Street
MAILING ADDRESS:
cm! AND sz cons;Fresno, CA 93721
BRANCH NAME:
PLAINTIFF/PETITIONER: ANITA REYES
DEFENDANTIRESPONDENT: STATE CENTER COMMUNITY COLLEGE DIST.
CASE MANAGEMENT STATEMENT
2355:55633826
(Check one): X UNLIMITED CASE D LIMITED CASE
(Amount demanded (Amount demanded is$25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 13, 2020 Time: 3:30 pm Dept: 402 Div.: Room:
Address of court difl'erent
(if from the address above):
D Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. X This statement issubmitted by party (name): STATE CENTER COMMUNITY COLLEGE DISTRICT
b. D This statement issubmitted 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. D The cross-oomplaint, ifany, was filed on (date):
3. Service (tobe answered by plaintiffs and cmss—complainants only)
a. D All partiesnamed inthe complaint and cross-complaint have been served. have appeared. or have been dismissed‘
b. D The following partiesnamed inthe complaint or cross—complaint
(1) D have not been sewed (specify names and explain why not):
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) D have had a default entered against them (specify names):
c. D The following additional partiesmay be added (specifynames, nature ofinvolvement in case, and date by which
they may be served):
4. Description of case
a. Type of casein X complaint D cross—complaint (Describe, including causes ofaction):
Personal injury fallwith ADA component.
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.
CM-110
CASE NUMBER:
PLAINTIFF/PETITI O N E R: REYES
_ 19CECG03826
DEFENDANTIRESPONDENT: STATE CENTER
4. b. Provide a brief statement of the case, including any damages. (lfpersonal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date findicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable reliefis sought, descn'be the nature of the relief.)
Personal injuries alleged from while taking a wheelchair
fall down a ramp, with ADA allegations.
D more space
(If isneeded, check thisbox and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request a jurytrial D a nonjury trial. (Ifmore than one party, provide thename of each party
requesting a jurytrial):
6. Trial date
a. D The trial has been set for (date):
b. No trial date has been set. This case willbe ready for within 12
trial months of the date of thefiling of the complaint(if
not, explain):
c. Dates on which parties or attorneys will not be available
for (specify dates
trial and explain reasons for unavailability):
Defense attorney is available Spring of 2021.
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial will
a. days (specify number): 6
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The be represented at
party or parties will trial D by the attorney or party the caption
listed in D by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Pany represented:
D Additional representation isdescribed in Attachment 8.
9. Preference
D This case is entitledto preference (specifycode 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 case.
in this
(1) For parties represented by counsel: Counsel D has D has not provided the ADR information package identified
in rule3.221 to the client and reviewed ADR options with the client.
(2) For seIf-represented parties: Party D has D has not reviewed the ADR information package identified in rule3.221.
b. Referral to judicial arbitration or civil action mediation available).
(if
(1) D This matter issubject to mandatory under Code of Civil Procedure section 1141 .11
judicial arbitration or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutorylimit.
(2) D case to
Plaintiff elects to refer this and agrees
judicial arbitration recovery to the amount specified
to limit inCode of
CivilProcedure section 1141 .1 1.
(3) D of the California Rules of Court or from
This case is exempt from judicial arbitration under rule 3.811 civilaction
mediation under Code of Civil Procedure section 1775 et seq. (specifi/ exemption):
Pagazors
CM-110[Rev. July1. 2011]
CASE MANAGEMENT STATEMENT
LegalNel, Inc.
[American
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: REYES
1QCECGO3826
[TEFENDANT/RESPONDENT: STATE CENTER
10. c. Indicate theADR process or processes that the party or parties are willing to participate in, have agreed
to participate in. or
have already participatedin (check all that apply and provide the specified infonnation):
The party or parties completing the party or parties completing this form in the case have agreed to
If
thisform are willing to in or have already completed an ADR process or processes.
participate
ADR
participate in the following copy ofthe
indicate the status of the processes (attach a parties'ADR
processes (check allthat apply): stipulation):
D Mediation session not yet scheduled
Mediation session scheduled for (date):
(1)Mediation K4
Agreed tocomplete mediation by (date):
DD
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2)Settlement
DUDE
conference
Agreed tocomplete settlement conference by (date) :
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation DUDE
Agreed tocomplete neutral evaluation by (date):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
scheduled
Judicial arbitration for (date):
(4)Nonbinding judicial
DUDE
arbitration
Agreed tocomplete by (date):
judicial arbitration
completed on
Judicial arbitration (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5)Binding private
DUDE
arbitration
Agreed tocomplete private arbitration
by (date):
Private arbitration completedon (date):
ADR session not yet scheduled
Other (specify):
ADR session scheduled for (date):
(6)
DUDE
Agreed tocomplete ADR session by (date):
ADR completed on (date):
Page 3 of 5
CM-1 10 201
[Rev. July
1. 1]
CASE MANAGEMENT STATEMENT
WWW @fl
[American LegnlNet.
Inc.
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER. .
REYES
190ECG03825
?EFENDANT/RESPONDENT: STATE CENTER
11. Insurance
a. K4 Insurance carrier,if ASCIP
any, for party filing this statement (name):
b. Reservation of rights: D Yes D No
c. D Coverage issues willsignificantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters thatmay affect the court's jurisdiction
or processing of this caseand describe the status.
D Bankruptcy D Other (specify):
Status:
13. Related cases. consolidation, and coordination
a. D There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
D Additional cases are described in Attachment 13a.
b. D A motion to D consolidate D coordinate willbe filed by (name party):
14. Bifurcation
D The causes of
party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or
action (specifymoving party, type of motion, and reasons):
15. Other motions
D The party or parties expect to file the following motions before
trial(specifi/moving party, type ofmotion, and issues):
16. Discovery
a. D The have completed
party or parties alldiscovery.
b D The following discoverywillbe completed by the date specified (describe allanticipated discovery):
Party Descrigtion Date
Defendant Written Discovery 7/30/20
Defendant Depo of Plaintiff 10/30/20
Defendant Depositions of witnesses 12l30/20
Defendant IME of plaintiff 3/30/21
Defendant Expert discovery 50 days before trial
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page4of5
CM-110[Rev. July1. 2011]
CASE MANAGEMENT STATEMENT
American Legalth,
Inc.
m.finnfiletkflommm _
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER. .
REYES
1QCEC603826
EEFENDANT/RESPONDENT: STATE CENTER
17. Economic litigation
a. D This isa limited civil case (i.e., the amount demanded is $25,000 or less) and the economic procedures
litigation inCode
of CivilProcedure sections 90-98 will apply to this case.
b. D This isa limitedcivil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery willbe filed (if checked,explain specifically why economic litigation procedures relating to discovery or tn'al
should not apply to this case):
18. Other issues
D The management
party or parties request that the following additional matters be considered or determined at the case
conference (specify):
19. Meet and confer
a. E The party or partieshave met and conferred with allpartieson subjects required by rule 3.724 of the California Rules of
all
Court (ifnot,explain):
b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court. the parties agree on the following
(specify):The parties addressed a response to the complaint, jurisdiction. discovery.
20. Total number of pages attached (ifany): n/a
|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 ofthe party where required.
Date: April g, 2020
Anthony N. DeMaria }
OR PRINT NAME)
(TYPE (SIGNATURE OFPARW OR AWORNEY)
D
(TYPE0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
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1-2°“! CASE MANAGEMENT STATEMENT
American chnlNl-l.
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PROOF OF SERVICE
[\J
STATE ()F CALIFORNIA, COUNTY OF FRESNO
DJ
At the time of service, Iwas over 18 years of age and not a party t0 this action. I am
employed in thc County of Fresno, State of California. My business address is 1690 W. Shaw
Ave., Suite 220, Fresno, CA 9371 1.
UI
On April 28, 2020, I served true copies 0fthc following document(s) described as CASE
MANAGEMENT STATEMENT on the interested parties in this action as follows:
Eugenia L. Stcclc
The Torkzadch Law Firm
11601 Wilshirc Blvd., Suite 500
Los Angclcs, CA 90025
XXX BY MAIL: I enclosed said document(s) in a scaled envelope 0r package addressed
10 the persons a1 thc address listed 0n the Service List and placed thc envelope for collection and
mailing, following our ordinary business practices. I am readily familiar with this business’s
practice for collecting and processing correspondence for mailing. On the same day the
correspondence is placed from collection and mailing i1is deposited in the ordinaly course ol
business with thc United Slates Postal Service, in a scaled envelope with postage fully prc-paid.
I declare under penalty ol‘pcrjury under thc laws of thc United States 0f America that the
foregoing is true and correct and that I am employed in the office of a member of thc bar ofthis
Court at whose direction the service was made.
Executed 0n April 28, 2020, atFresno, California.
WWW
'l‘criM3§(Wcllv
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Preview
CM-110 ATTORNEV 0R PARTY WITHOUT ATTORNEY (Name. Stale Barnumber, and address): FOR COURT USE ONLY Anthony N. DeMaria #177894 E-FILED DeMaria Law Firm, A.P.C. 4/28/2020 3:07 PM 1690 W. Shaw, suite 220 Superior Court of California Fresno, CA 93711 County of Fresno TELEPHONE N0.: (559) 206-241 0 FAX N0. (559) 905-671 3 (Optionan; By: A. Rodriguez, Deputy E-MAILADDRESS(Oph'onal): Anoauev Foamame); Def. STATE CENTER COMMUNITY COLLEGE DISTRICT SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F FRESNO STREETADDRess: 1130 O Street MAILING ADDRESS: cm! AND sz cons;Fresno, CA 93721 BRANCH NAME: PLAINTIFF/PETITIONER: ANITA REYES DEFENDANTIRESPONDENT: STATE CENTER COMMUNITY COLLEGE DIST. CASE MANAGEMENT STATEMENT 2355:55633826 (Check one): X UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is$25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 13, 2020 Time: 3:30 pm Dept: 402 Div.: Room: Address of court difl'erent (if from the address above): D Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. X This statement issubmitted by party (name): STATE CENTER COMMUNITY COLLEGE DISTRICT b. D This statement issubmitted 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. D The cross-oomplaint, ifany, was filed on (date): 3. Service (tobe answered by plaintiffs and cmss—complainants only) a. D All partiesnamed inthe complaint and cross-complaint have been served. have appeared. or have been dismissed‘ b. D The following partiesnamed inthe complaint or cross—complaint (1) D have not been sewed (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D The following additional partiesmay be added (specifynames, nature ofinvolvement in case, and date by which they may be served): 4. Description of case a. Type of casein X complaint D cross—complaint (Describe, including causes ofaction): Personal injury fallwith ADA component. P3991015 Fwflfififififiémfi‘ifl? CASE MANAGEMENT STATEMENT afim’iflfizflgfg WWW CM—11o [Rem July 1,201 11 www. courtscagov AmcrinnLegalNel. Inc. . CM-110 CASE NUMBER: PLAINTIFF/PETITI O N E R: REYES _ 19CECG03826 DEFENDANTIRESPONDENT: STATE CENTER 4. b. Provide a brief statement of the case, including any damages. (lfpersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date findicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable reliefis sought, descn'be the nature of the relief.) Personal injuries alleged from while taking a wheelchair fall down a ramp, with ADA allegations. D more space (If isneeded, check thisbox and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jurytrial D a nonjury trial. (Ifmore than one party, provide thename of each party requesting a jurytrial): 6. Trial date a. D The trial has been set for (date): b. No trial date has been set. This case willbe ready for within 12 trial months of the date of thefiling of the complaint(if not, explain): c. Dates on which parties or attorneys will not be available for (specify dates trial and explain reasons for unavailability): Defense attorney is available Spring of 2021. 7. Estimated length of trial The party or parties estimate that the take (check one): trial will a. days (specify number): 6 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The be represented at party or parties will trial D by the attorney or party the caption listed in D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Pany represented: D Additional representation isdescribed in Attachment 8. 9. Preference D This case is entitledto preference (specifycode 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 case. in this (1) For parties represented by counsel: Counsel D has D has not provided the ADR information package identified in rule3.221 to the client and reviewed ADR options with the client. (2) For seIf-represented parties: Party D has D has not reviewed the ADR information package identified in rule3.221. b. Referral to judicial arbitration or civil action mediation available). (if (1) D This matter issubject to mandatory under Code of Civil Procedure section 1141 .11 judicial arbitration or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutorylimit. (2) D case to Plaintiff elects to refer this and agrees judicial arbitration recovery to the amount specified to limit inCode of CivilProcedure section 1141 .1 1. (3) D of the California Rules of Court or from This case is exempt from judicial arbitration under rule 3.811 civilaction mediation under Code of Civil Procedure section 1775 et seq. (specifi/ exemption): Pagazors CM-110[Rev. July1. 2011] CASE MANAGEMENT STATEMENT LegalNel, Inc. [American CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: REYES 1QCECGO3826 [TEFENDANT/RESPONDENT: STATE CENTER 10. c. Indicate theADR process or processes that the party or parties are willing to participate in, have agreed to participate in. or have already participatedin (check all that apply and provide the specified infonnation): The party or parties completing the party or parties completing this form in the case have agreed to If thisform are willing to in or have already completed an ADR process or processes. participate ADR participate in the following copy ofthe indicate the status of the processes (attach a parties'ADR processes (check allthat apply): stipulation): D Mediation session not yet scheduled Mediation session scheduled for (date): (1)Mediation K4 Agreed tocomplete mediation by (date): DD Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2)Settlement DUDE conference Agreed tocomplete settlement conference by (date) : Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation DUDE Agreed tocomplete neutral evaluation by (date): Neutral evaluation completed on (date): scheduled Judicial arbitration not yet scheduled Judicial arbitration for (date): (4)Nonbinding judicial DUDE arbitration Agreed tocomplete by (date): judicial arbitration completed on Judicial arbitration (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5)Binding private DUDE arbitration Agreed tocomplete private arbitration by (date): Private arbitration completedon (date): ADR session not yet scheduled Other (specify): ADR session scheduled for (date): (6) DUDE Agreed tocomplete ADR session by (date): ADR completed on (date): Page 3 of 5 CM-1 10 201 [Rev. July 1. 1] CASE MANAGEMENT STATEMENT WWW @fl [American LegnlNet. Inc. CM-110 CASE NUMBER: PLAINTIFF/PETITIONER. . REYES 190ECG03825 ?EFENDANT/RESPONDENT: STATE CENTER 11. Insurance a. K4 Insurance carrier,if ASCIP any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues willsignificantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters thatmay affect the court's jurisdiction or processing of this caseand describe the status. D Bankruptcy D Other (specify): Status: 13. Related cases. consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate willbe filed by (name party): 14. Bifurcation D The causes of party or parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or action (specifymoving party, type of motion, and reasons): 15. Other motions D The party or parties expect to file the following motions before trial(specifi/moving party, type ofmotion, and issues): 16. Discovery a. D The have completed party or parties alldiscovery. b D The following discoverywillbe completed by the date specified (describe allanticipated discovery): Party Descrigtion Date Defendant Written Discovery 7/30/20 Defendant Depo of Plaintiff 10/30/20 Defendant Depositions of witnesses 12l30/20 Defendant IME of plaintiff 3/30/21 Defendant Expert discovery 50 days before trial c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Page4of5 CM-110[Rev. July1. 2011] CASE MANAGEMENT STATEMENT American Legalth, Inc. m.finnfiletkflommm _ CM-110 CASE NUMBER: PLAINTIFF/PETITIONER. . REYES 1QCEC603826 EEFENDANT/RESPONDENT: STATE CENTER 17. Economic litigation a. D This isa limited civil case (i.e., the amount demanded is $25,000 or less) and the economic procedures litigation inCode of CivilProcedure sections 90-98 will apply to this case. b. D This isa limitedcivil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery willbe filed (if checked,explain specifically why economic litigation procedures relating to discovery or tn'al should not apply to this case): 18. Other issues D The management party or parties request that the following additional matters be considered or determined at the case conference (specify): 19. Meet and confer a. E The party or partieshave met and conferred with allpartieson subjects required by rule 3.724 of the California Rules of all Court (ifnot,explain): b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court. the parties agree on the following (specify):The parties addressed a response to the complaint, jurisdiction. discovery. 20. Total number of pages attached (ifany): n/a |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 ofthe party where required. Date: April g, 2020 Anthony N. DeMaria } OR PRINT NAME) (TYPE (SIGNATURE OFPARW OR AWORNEY) D (TYPE0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. P3905“ CM-110IRev»Ju'v 1-2°“! CASE MANAGEMENT STATEMENT American chnlNl-l. www F MW r''l Inc. mm w PROOF OF SERVICE [\J STATE ()F CALIFORNIA, COUNTY OF FRESNO DJ At the time of service, Iwas over 18 years of age and not a party t0 this action. I am employed in thc County of Fresno, State of California. My business address is 1690 W. Shaw Ave., Suite 220, Fresno, CA 9371 1. UI On April 28, 2020, I served true copies 0fthc following document(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: Eugenia L. Stcclc The Torkzadch Law Firm 11601 Wilshirc Blvd., Suite 500 Los Angclcs, CA 90025 XXX BY MAIL: I enclosed said document(s) in a scaled envelope 0r package addressed 10 the persons a1 thc address listed 0n the Service List and placed thc envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day the correspondence is placed from collection and mailing i1is deposited in the ordinaly course ol business with thc United Slates Postal Service, in a scaled envelope with postage fully prc-paid. I declare under penalty ol‘pcrjury under thc laws of thc United States 0f America that the foregoing is true and correct and that I am employed in the office of a member of thc bar ofthis Court at whose direction the service was made. Executed 0n April 28, 2020, atFresno, California. WWW 'l‘criM3§(Wcllv V