Preview
CM-1 10
FOR COURT USE ONLY
(Name, Slaw Ear number, and address):1
ATTORNEY OR PARTY WrTHOUT ATTORNEY 4841 1
E-FILED
T. Troy Otus, Esq, 10/10/2019 2:58 PM
Otus Law Group Superior Court of California
7901 Oakport Street, Suite 4300, Oakland, CA 94621 County of Fresno
510250—2298 FAX No‘ 510-394.0077
TELEPHONE No; (Optional):
By: M. Douangkham, Deputy
E-MAILADDRESS(Opb‘onat):
ATTORNEY FOR Denease Leavy—Jordan
(Name):
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Fresno
STREET ADDRESS;1130 O Street
MAILING ADDRESS:
CITYAND CODE:
ZIP Fresno, GA 93721
BRANCH NAME:
PLAINTIFF/PETITIONER: Denease Leavy-Jordan
DEFENDANTIRESPONDENT: Potino Moa, Michae Kennedy and Does 1-50
CASE NUMBER:
CASE MANAGEMENT STATEMENT
Lumen CASE 190E0802526
(Check one): J UNLIMKTED CASE
(Amount demanded (Amount demanded is$25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Dept: 402 Div.: Room:
Date: 11/1 3/2019 Time: 3:30 p,m.
Address of court (if from the address above):
different
Notice of intent to Appear by Teiephone, by (name):
must be provided.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information
1A Party or parties (answer one):
av I This statement issubmitted by party (name): Denease Leavy~Jordan
b. This statement is by pames (names):
submitted jointly
plaintiffs and cross-complainantsonly)
2. Complaint and cross-complaint (to be answered by
a. The complaint was filed an (date): 07/12/2019
b. The cross~comp|aint, any.
if was filed on (date):
3. Service (tobe answered by plaintiffs and cmss-complainants only)
or have been dismissed.
cross—complaint have been served, have appeared,
All parties named in the complaint and
a. ,_.
b. J The following partiesnamed inthe complaint or cross~complaint
(1) J have not been served (specifynames and explain why not):
server has been retained to
Service by mail was unsuccessful so a process
have notappeare d and have notbeen dismissed (specify names):
(2) have been served but
track and personaily serve defendants.
(3) have had a defauit entered against them (specify names):
which
may be added
foliowing additional parties (specifynames, nature ofinvolvement in case, and date by
c. The
they may be served):
4‘ Description of case causes of action):
I cross-complaint (Describe, including
a TYDe 0f case in complaint
PI- Motor VehicIe
Page1of 5
Rules of Coun,
Cal.
“mfi’fi’éi‘t‘nifim‘fifiz‘k‘fe
CASE MANAGEMENT STATEMENT rules 1720—3730
Www.coudsfiagov
ammo [Rex]. July
1.2011}
CM-1 10
CASE NUMBER:
PLAiNTlFF/PETWIONER: Denease Leavvaordan
1QCECGOZSZB
DEFENDANT/RESPONDENT; Potino Moa, Michael Kennedy and Does 1-50
the injury and
damages. (prersonal injury damages are sought, specify
Provide a brief statement of the case, inciuding any
4. b,
estimated futuremedical expenses, lost
source and amount],
damages claimed, including medical expenses to date [indicate describe the nature0f the relief.)
le
s. If equitab reliefissought,
earnings to date, and estimated future lost earning
defendant‘s vehicle. Plaintiff
was a passen ger in a vehicle when they were struck by
On 07/1 7/2017 , f
plaintif
ly being
neck, back and stomach. Her medical specials are current
sustained injuries to her head, shoulders,
determined.
more space
(If isneeded, check thisbox and attach a page designated as Attachmen! 4b.)
5. Jury or nonjury trial
name of each pariy
~’ a jury
trial a nonjury triai. (lfmore than one pan‘y, pmvide the
The party or parties request
requesting a jurytrial):
6. Trial date
a. The trialhas been set for (date):
12 months of the date of thefiling of the complaint
(if
V This case be ready for triaf within
b. No trialdate has been set. will
not, explain):
and explain reasons
not be available for tn'al (specify dates
for unavailability):
c. Dates on which parties or attorneys
will
7. Estimated length of tria!
take (check one):
The party or parties estimate that the
trial will
3'5
a. J days (specify number):
b. hours (short causes) (specify):
8. Trialrepresentation (tobe answered for each party)
the caption by thefollowing:
The party or parties
willbe represented attrial ‘/ by the attorney or pafiylisted in
a. Attorney:
b. Firm:
c, Address:
Fax number:
Telephone number:
f.
d.
Party represented:
LEmai! address: g.
Additional representationisdescribed in Attachment 8.
9. Preference
This case is
code
entitled to preference (specify section):
10. Alternative dispute resolution (ADR)
ties;read
ses are available in different courts and communi
a. ADR information package. Please note that different ADR proces tion
informa about the processes available through the
court under ru e 3.221for
the ADR information package provided by the
courtand community programs in thiscase.
ADR information package identified
/ has has not provided the
(1) For parties represented by counsel: Counsel
3.221
in rule to the and
ciient reviewed ADR options with the
client.
ADR information package identifiedinrule 3.221.
parties: Party has has not reviewed the
(2) For self—represented
mediation (if available).
b. Referrai to judiciai arbitration or civil action
ure section 1141.11 or to civil action
arbitration under Code of Civil Proced
(1) This matter is sub'ect to mandatory judiciai e amount in controversy does not exceed
the
ode of Civn Procedure section1775.3 becaus the
mediation under
statutory fimit.
amount specified
to limit recovery to the
inCode of
case and agrees
to judicia! arbitration
(2) Plaintiff elects to refer this
CivilProcedure section 1141.1 1.
action
under ruie 3,811 of the Caiifomia Rules 0f Court or from
civil
This case is exempt from judicial arbitration
section 1775 et seq. (specify exemption):
(3)
mediation under Code ofCivilProced ure
PageZofs
CM»110[Rev.
Jury
1,2011} CASE MANAGEMENT STATEMENT
CM—HD
CASE NUMBER:
PLAlNTIFF/PETITtONER: Denease LeaW-Jordan
1QCECGOZSZS
EEFENDANT/RESPONDENTI Potino Moa, Michael Kennedy and Does 1-50
have agreed to participate
in,or
wiHing to participate
in,
10. c. indicate theADR process or processes that the party or parties are
and provide the specified infonnaz‘ion):
have a(ready participated in (check all that apply
in the case have agreed
to
The party 0r parties completing ffthe patty or parties completing this form
ted an ADR proces sor processes,
this form are willing to participate in or have already compie
a copy 0f the pan‘ies' ADR
ADR
panicipate in the following indicate the status of the processes (attach
processes (check that apply):
all stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation complete mediation by (date):
Agreed to
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2) Settlement
conference Agreed tocommete settiement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral eva‘uation scheduied for (date):
(3) Neutral evaiuation comptete neutral evaluation by (date):
Agreed to
Neutral evaluation compieted on (date):
schedu!ed
Judicial arbitration not yet
schedufed
Judicial arbitration for (date):
(4) Nonbinding judicial
arbitration Agreed to by (date):
arbitration
complete judicial
completed on
Judicial arbitration (date):
Private arbitration not yet scheduled
Private arbitration scheduied for (date):
(5) Binding private
arbitration Agreed tocomplete private by (date):
arbitration
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6)Other (specify):
complete ADR session by (date):
Agreed to
ADR completed on (date):
Page 3 of 5
CM—‘HO 2011}
[Rev. Juiy
1,
CASE MANAGEMENT STATEMENT
CASE NUMBER
PLAINTIFF/PETITIONER: Denease Leavy-Jordan
1QCECG02526
DEFENDANT/RESPQNDENT; Potino Moa, Michaei Kennedy and Does 1-50
11.
a.
b.
E
insurance
insurance
Reservation of
carrier.
rights:
ifany, for party filing this statement (name):
[:3 Yes [:3 No
c. C3 Coverage issues will case
significantly affect resolution of this (explain):
12. Jurisdiction
case and describe the status
affect the court's jurisdiction 0r processing of this
may
Indicate any matters that
[:3 Bankruptcy E: Other (specify):
Status:
13.Related cases, consolidation, and coordination
a. [j There are companion, underlying, or related cases,
(1) Name of case:
(2)Name of court:
(3)Case number:
(4) Status:
Additiona! cases are described Attachment 133.
{:3 in
b. E] A motion to E: consolidate E] coordinate win be filed by (name parfy):
14. Bifurcation
issues or causes of
order bifurcating, severing, or coordinating the following
C3 The patty or parties intend to fi‘e a motion for an
action (specify moving pan‘y, type of motion, and reasons):
Other motions
15.
E The motions before
party or parties expect to file the following
(specify
trial moving and issues):
party, type of motion,
16. Discovery
party or parties have completed discovery.
a. [:3 The all
specified (describeallanticipated discovery):
b. The following discovery win be completed by the date
Descrigtjon
Date
Pam;
Written Discovery and Depositions 30 days before trial
Plaintiffand defendants
Expert Discovery Per code
Plaintiff and defendants
the discoveryof electronically stored information, are
c. [j The following discovery issues, including issues regarding
anticipated(specify):
Page 4 of 5
CM-1 10 2011]
(Rev. July
1. CASE MANAGEMENT STATEMENT
CM-HG
CASE NUMBER:
PLAINTIFF/PETITIONER: Denease Leavy—Jordan 1QCECGO2526
POfihO M08, MiCh88[ Kennedy EHd DOGS 1—50
DEFENDANTIRESPONDENT;
Economic litigation
17.
economic litigation procedures in Code
is $25,000 or less) and the
a‘ This isa limited civil case (i.e., the amount demanded
to this case.
of Civil Procedure sections 9098 will apply
na!
on procedures or for additio
withdraw the case from the economic litigati
This is a limited civil case and a motion t0
b. ures g
relatin todiscovery or trial
n specfiically why economic litigati
onproced
discovery win be filed (if checked, explai
should not apply to this case):
18. Other issues
be considered or determined at thecase management
The foflowing additional matters
party or parties request that the
conference (specify):
19. Meet and confer California Rules
on subjects required by rule 3,724 of the
a. l
The partyor parties havemet and conferred with a” parties all
of Court not, explain):
(if
parties agree on the foHowing
and conferring as required byrule3‘724 of the California Ruies of Court, the
b. After meeting
(specim:
f.
20. Totalnumber of pages attached (ifany):
'
and altema e dispute resolution,
prepared to discuss the status of discovery
lam completely familiar with this case and Wm be funy ty toenter into tions
stipula on ese issues atthe time of
ent, and win possess the authori
as wen as other issues raised by this statem where required.
including the written authority of the party
the case management conference,
Date: October 10, 201 9
T. Troy Otus, Esq. OF PARTY OR ATTORNEY)
OR PRINT NAME)
(TYPE ‘Mfifi X
inE
(SiGNATURE OF PARTY OR ATTORNEY)
OR
(TYPE PRlNT NAME)
Additionai signatures are attached.
Page 50f5
July 1, 201 1]
CM-1 1D [Rem CASE MANAGEMENT STATEMENT
Preview
CM-1 10 FOR COURT USE ONLY (Name, Slaw Ear number, and address):1 ATTORNEY OR PARTY WrTHOUT ATTORNEY 4841 1 E-FILED T. Troy Otus, Esq, 10/10/2019 2:58 PM Otus Law Group Superior Court of California 7901 Oakport Street, Suite 4300, Oakland, CA 94621 County of Fresno 510250—2298 FAX No‘ 510-394.0077 TELEPHONE No; (Optional): By: M. Douangkham, Deputy E-MAILADDRESS(Opb‘onat): ATTORNEY FOR Denease Leavy—Jordan (Name): SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Fresno STREET ADDRESS;1130 O Street MAILING ADDRESS: CITYAND CODE: ZIP Fresno, GA 93721 BRANCH NAME: PLAINTIFF/PETITIONER: Denease Leavy-Jordan DEFENDANTIRESPONDENT: Potino Moa, Michae Kennedy and Does 1-50 CASE NUMBER: CASE MANAGEMENT STATEMENT Lumen CASE 190E0802526 (Check one): J UNLIMKTED CASE (Amount demanded (Amount demanded is$25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Dept: 402 Div.: Room: Date: 11/1 3/2019 Time: 3:30 p,m. Address of court (if from the address above): different Notice of intent to Appear by Teiephone, by (name): must be provided. INSTRUCTIONS: All applicable boxes must be checked, and the specified information 1A Party or parties (answer one): av I This statement issubmitted by party (name): Denease Leavy~Jordan b. This statement is by pames (names): submitted jointly plaintiffs and cross-complainantsonly) 2. Complaint and cross-complaint (to be answered by a. The complaint was filed an (date): 07/12/2019 b. The cross~comp|aint, any. if was filed on (date): 3. Service (tobe answered by plaintiffs and cmss-complainants only) or have been dismissed. cross—complaint have been served, have appeared, All parties named in the complaint and a. ,_. b. J The following partiesnamed inthe complaint or cross~complaint (1) J have not been served (specifynames and explain why not): server has been retained to Service by mail was unsuccessful so a process have notappeare d and have notbeen dismissed (specify names): (2) have been served but track and personaily serve defendants. (3) have had a defauit entered against them (specify names): which may be added foliowing additional parties (specifynames, nature ofinvolvement in case, and date by c. The they may be served): 4‘ Description of case causes of action): I cross-complaint (Describe, including a TYDe 0f case in complaint PI- Motor VehicIe Page1of 5 Rules of Coun, Cal. “mfi’fi’éi‘t‘nifim‘fifiz‘k‘fe CASE MANAGEMENT STATEMENT rules 1720—3730 Www.coudsfiagov ammo [Rex]. July 1.2011} CM-1 10 CASE NUMBER: PLAiNTlFF/PETWIONER: Denease Leavvaordan 1QCECGOZSZB DEFENDANT/RESPONDENT; Potino Moa, Michael Kennedy and Does 1-50 the injury and damages. (prersonal injury damages are sought, specify Provide a brief statement of the case, inciuding any 4. b, estimated futuremedical expenses, lost source and amount], damages claimed, including medical expenses to date [indicate describe the nature0f the relief.) le s. If equitab reliefissought, earnings to date, and estimated future lost earning defendant‘s vehicle. Plaintiff was a passen ger in a vehicle when they were struck by On 07/1 7/2017 , f plaintif ly being neck, back and stomach. Her medical specials are current sustained injuries to her head, shoulders, determined. more space (If isneeded, check thisbox and attach a page designated as Attachmen! 4b.) 5. Jury or nonjury trial name of each pariy ~’ a jury trial a nonjury triai. (lfmore than one pan‘y, pmvide the The party or parties request requesting a jurytrial): 6. Trial date a. The trialhas been set for (date): 12 months of the date of thefiling of the complaint (if V This case be ready for triaf within b. No trialdate has been set. will not, explain): and explain reasons not be available for tn'al (specify dates for unavailability): c. Dates on which parties or attorneys will 7. Estimated length of tria! take (check one): The party or parties estimate that the trial will 3'5 a. J days (specify number): b. hours (short causes) (specify): 8. Trialrepresentation (tobe answered for each party) the caption by thefollowing: The party or parties willbe represented attrial ‘/ by the attorney or pafiylisted in a. Attorney: b. Firm: c, Address: Fax number: Telephone number: f. d. Party represented: LEmai! address: g. Additional representationisdescribed in Attachment 8. 9. Preference This case is code entitled to preference (specify section): 10. Alternative dispute resolution (ADR) ties;read ses are available in different courts and communi a. ADR information package. Please note that different ADR proces tion informa about the processes available through the court under ru e 3.221for the ADR information package provided by the courtand community programs in thiscase. ADR information package identified / has has not provided the (1) For parties represented by counsel: Counsel 3.221 in rule to the and ciient reviewed ADR options with the client. ADR information package identifiedinrule 3.221. parties: Party has has not reviewed the (2) For self—represented mediation (if available). b. Referrai to judiciai arbitration or civil action ure section 1141.11 or to civil action arbitration under Code of Civil Proced (1) This matter is sub'ect to mandatory judiciai e amount in controversy does not exceed the ode of Civn Procedure section1775.3 becaus the mediation under statutory fimit. amount specified to limit recovery to the inCode of case and agrees to judicia! arbitration (2) Plaintiff elects to refer this CivilProcedure section 1141.1 1. action under ruie 3,811 of the Caiifomia Rules 0f Court or from civil This case is exempt from judicial arbitration section 1775 et seq. (specify exemption): (3) mediation under Code ofCivilProced ure PageZofs CM»110[Rev. Jury 1,2011} CASE MANAGEMENT STATEMENT CM—HD CASE NUMBER: PLAlNTIFF/PETITtONER: Denease LeaW-Jordan 1QCECGOZSZS EEFENDANT/RESPONDENTI Potino Moa, Michael Kennedy and Does 1-50 have agreed to participate in,or wiHing to participate in, 10. c. indicate theADR process or processes that the party or parties are and provide the specified infonnaz‘ion): have a(ready participated in (check all that apply in the case have agreed to The party 0r parties completing ffthe patty or parties completing this form ted an ADR proces sor processes, this form are willing to participate in or have already compie a copy 0f the pan‘ies' ADR ADR panicipate in the following indicate the status of the processes (attach processes (check that apply): all stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation complete mediation by (date): Agreed to Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement conference Agreed tocommete settiement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral eva‘uation scheduied for (date): (3) Neutral evaiuation comptete neutral evaluation by (date): Agreed to Neutral evaluation compieted on (date): schedu!ed Judicial arbitration not yet schedufed Judicial arbitration for (date): (4) Nonbinding judicial arbitration Agreed to by (date): arbitration complete judicial completed on Judicial arbitration (date): Private arbitration not yet scheduled Private arbitration scheduied for (date): (5) Binding private arbitration Agreed tocomplete private by (date): arbitration Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6)Other (specify): complete ADR session by (date): Agreed to ADR completed on (date): Page 3 of 5 CM—‘HO 2011} [Rev. Juiy 1, CASE MANAGEMENT STATEMENT CASE NUMBER PLAINTIFF/PETITIONER: Denease Leavy-Jordan 1QCECG02526 DEFENDANT/RESPQNDENT; Potino Moa, Michaei Kennedy and Does 1-50 11. a. b. E insurance insurance Reservation of carrier. rights: ifany, for party filing this statement (name): [:3 Yes [:3 No c. C3 Coverage issues will case significantly affect resolution of this (explain): 12. Jurisdiction case and describe the status affect the court's jurisdiction 0r processing of this may Indicate any matters that [:3 Bankruptcy E: Other (specify): Status: 13.Related cases, consolidation, and coordination a. [j There are companion, underlying, or related cases, (1) Name of case: (2)Name of court: (3)Case number: (4) Status: Additiona! cases are described Attachment 133. {:3 in b. E] A motion to E: consolidate E] coordinate win be filed by (name parfy): 14. Bifurcation issues or causes of order bifurcating, severing, or coordinating the following C3 The patty or parties intend to fi‘e a motion for an action (specify moving pan‘y, type of motion, and reasons): Other motions 15. E The motions before party or parties expect to file the following (specify trial moving and issues): party, type of motion, 16. Discovery party or parties have completed discovery. a. [:3 The all specified (describeallanticipated discovery): b. The following discovery win be completed by the date Descrigtjon Date Pam; Written Discovery and Depositions 30 days before trial Plaintiffand defendants Expert Discovery Per code Plaintiff and defendants the discoveryof electronically stored information, are c. [j The following discovery issues, including issues regarding anticipated(specify): Page 4 of 5 CM-1 10 2011] (Rev. July 1. CASE MANAGEMENT STATEMENT CM-HG CASE NUMBER: PLAINTIFF/PETITIONER: Denease Leavy—Jordan 1QCECGO2526 POfihO M08, MiCh88[ Kennedy EHd DOGS 1—50 DEFENDANTIRESPONDENT; Economic litigation 17. economic litigation procedures in Code is $25,000 or less) and the a‘ This isa limited civil case (i.e., the amount demanded to this case. of Civil Procedure sections 9098 will apply na! on procedures or for additio withdraw the case from the economic litigati This is a limited civil case and a motion t0 b. ures g relatin todiscovery or trial n specfiically why economic litigati onproced discovery win be filed (if checked, explai should not apply to this case): 18. Other issues be considered or determined at thecase management The foflowing additional matters party or parties request that the conference (specify): 19. Meet and confer California Rules on subjects required by rule 3,724 of the a. l The partyor parties havemet and conferred with a” parties all of Court not, explain): (if parties agree on the foHowing and conferring as required byrule3‘724 of the California Ruies of Court, the b. After meeting (specim: f. 20. Totalnumber of pages attached (ifany): ' and altema e dispute resolution, prepared to discuss the status of discovery lam completely familiar with this case and Wm be funy ty toenter into tions stipula on ese issues atthe time of ent, and win possess the authori as wen as other issues raised by this statem where required. including the written authority of the party the case management conference, Date: October 10, 201 9 T. Troy Otus, Esq. OF PARTY OR ATTORNEY) OR PRINT NAME) (TYPE ‘Mfifi X inE (SiGNATURE OF PARTY OR ATTORNEY) OR (TYPE PRlNT NAME) Additionai signatures are attached. Page 50f5 July 1, 201 1] CM-1 1D [Rem CASE MANAGEMENT STATEMENT