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  • GARCIA ET AL VS DELACUEVA ET AL22-CV Auto - Civil Unlimited document preview
  • GARCIA ET AL VS DELACUEVA ET AL22-CV Auto - Civil Unlimited document preview
  • GARCIA ET AL VS DELACUEVA ET AL22-CV Auto - Civil Unlimited document preview
  • GARCIA ET AL VS DELACUEVA ET AL22-CV Auto - Civil Unlimited document preview
  • GARCIA ET AL VS DELACUEVA ET AL22-CV Auto - Civil Unlimited document preview
  • GARCIA ET AL VS DELACUEVA ET AL22-CV Auto - Civil Unlimited document preview
  • GARCIA ET AL VS DELACUEVA ET AL22-CV Auto - Civil Unlimited document preview
  • GARCIA ET AL VS DELACUEVA ET AL22-CV Auto - Civil Unlimited document preview
						
                                

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CM-110 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): M. Troy Hazelton, Esq. (SBN: 203884) FOR COURT USE ONLY Peel | Garcia, LLP 3585 W. Beechwood Avenue, Suite 101 Fresno, CA 93714 TELEPHONE NO.: (559) 431-1300 FAX NO. (Optional): (559) 431-1442 E-MAIL ADDRESS: Thazelton@pgllp.com ATTORNEY FOR (Name): Juan Enrique Delacueva, Flores Cirillo Delacueva & Blanca Garcia [SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Avenue MAILING ADDRESS: CITY AND ZIP CODE: Bakersfield, CA 93301 BRANCH NAME: Unlimited Civil PLAINTIFF/PETITIONER: JESSICA GARCIA, et al. DEFENDANT/RESPONDENT: JUAN ENRIQUE DELACUEVA, et al. CASE MANAGEMENT STATEMENT ‘CASE NUMBER: (Check one): [X] UNLIMITED CASE LIMITED CASE BCV-22-101439 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) |A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 14, 2022 Time: 8:15 a.m. Dept.: 17 Div.: Room: [Address of court (if different from the address above): X_] Notice of Intent to Appear by Telephone, by (name): M. Troy Hazelton, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [XJ This statement is submitted by party (name): Juan Enrique Delacueva, Flores Cirillo Delacueva & Blanca Garcia 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): 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. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (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 sorved): 4. Description of case a. Type ofcasein [X] complaint cross-complaint (Describe, including causes of action): Complaint for personal injury and general negligence. Page 1 of 5 ‘odal Couneh ot Ganemae CASE MANAGEMENT STATEMENT al Rules of out, CM-110 [Rev. September 1, 2021] wwny.courts.ca.govCM-110 PLAINTIFF/PETITIONER: JESSICA GARCIA, et al. DEFENDANT/RESPONDENT: JUAN ENRIQUE DELACUEVA, et al. ‘CASE NUMBER: BCV-22-101439 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.) Plaintiff is alleging personal injuries as a result of a motor vehicle accident on August 27, 2021. (If more space is needed, check this box and attach a 5. Jury or nonjury trial The party or parties request [X_] a jury trial 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 not, explain): c. Dates on which parties or attorneys will not be available See attached. 7. Estimated length of trial page designated as Attachment 4b.) anonjury trial. (If more than one party, provide the name of each party for trial within 12 months of the date of the filing of the complaint (if for trial (specify dates and explain reasons for unavailability): The party or parties estimate that the trial will take (check one): a. [XX] days (specify number): 7-10 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial | by the attorney or party listed in the caption a. Attorney: b. Firm: c. Address: |. Telephone number: oo E-mail address: 9, Preference 10. Alternative dispute resolution (ADR) by the following: f. Fax number: g. Party represented: Additional representation is described in Attachment 8. This case is entitled to preference (specify code section): a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has 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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): (CM-110 (Rev. September 1, 2021} CASE MANAGEMENT STATEMENT Page 2 of §CM-110 PLAINTIFF/PETITIONER: JESSICA GARCIA, et al. DEFENDANT/RESPONDENT: JUAN ENRIQUE DELACUEVA, et al. CASE NUMBER: BCV-22-101439 10. ¢. 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 Ithis form are willing to participate in the following ADR processes (check ail that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR stipulation): X_] Mediation session not yet scheduled a 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 x Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): ‘CM-110 (Rev. September 1, 2024] CASE MANAGEMENT STATEMENT Page 3 of 5CM-110 PLAINTIFF/PETITIONER: JESSICA GARCIA, et al. CASE NUMBER: DEFENDANT/RESPONDENT: JUAN ENRIQUE DELACUEVA, et al. BCV-22-101439 11. Insurance a. b. c Insurance carrier, if any, for party filing this statement (name): Aspire Claims Services Reservation of rights: Yes [X]No 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. A motion to consolidate coordinate will be filed by (name party): 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions Cx] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in Limine 16. Discovery a. The party or parties have completed all discovery. b. [XX] The following discovery will be completed by the date specified (describe all anticipated discovery): Party. Description Date Defendants to Plaintiff Written discovery Per Code Defendants to Plaintiff Depositions Per Code Defendants to Plaintiff Expert depositions Per Code c The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ‘CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of §CM-110 PLAINTIFF/PETITIONER: JESSICA GARCIA, et al. CASE NUMBER: DEFENDANT/RESPONDENT: JUAN ENRIQUE DELACUEVA, et al. BCV-22-101439 17. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19, Meet and confer a. LX] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 2 1am 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: Novemberd4 , 2022 M. Troy Hazelton, Esq. > ae (TYPE OR PRINT NAME) (SIGNATURE OF PAI ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. ‘CM-110 (Rev. September 1, 2024] CASE MANAGEMENT STATEMENT Page 6 of 52022 — 2023 TRIAL CALENDAR FOR M. TROY HAZELTON, ESQ. REVISED November 22, 2022 CASE NAME VENUE SCHEDULED TRIAL DATE 2022 Atherton v. Classic Tile (Krebs) San Joaquin | November 21, 2022 MSC: 10/24/22 2023 Keon+—Peninsula Kern May-8,2023 NRSD vy. Sierra Construction Kern July 10, 2023 MSC: 6/16/23; FCMC: 7/7/23 Perez v. Gutierrez Tulare August 14, 2023 MSC: 3/22/23; TRH: 8/11/23 Alvarez v. Highlands Kings December 11, 2023 MSC: 9/5/23; TRH: 10/5/23 2024 Nationwide v. Russell Fresno January 22, 2024 MSC: 12/20/23; TRH: 1/19/24 Coleman y. Central Heating Fresno April 8, 2024 MSC: 2/28/24; TRH: 4/5/24PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO Iam a resident of the county aforesaid; I am over the age of eighteen years and not a party| to the within entitled action; my business address is 3585 West Beechwood, Suite 101, Fresno. California 93711. On November aa , 2022, I served the within CASE MANAGEMENT STATEMENT, on the interested parties in said action, as listed below: George Semaan, Esq. Garrett May, Esq. The May Firm, Inc. 297 Santa Rosa Street San Luis Obispo, CA 93405 Phone: (805) 980-7758 Fax: (805) 980-7754 Email: lit@mayfirm.com Attorneys for Plaintiffs [ ] VIA FACSIMILE - I caused such document(s) to be served on the parties via facsimile to} the facsimile number specified above. [XX] VIA ELECTRONIC MAIL ~ A pdf version of said document was served on the party(ies) via electronic mail transmission at the address(es) specified above. [ ] VIA OVERNIGHT MAIL - I caused such envelope to be delivered by hand in a receptacle regularly maintained by the United Parcel Service. [ ] BY MAIL - 1am readily familiar with the firm's practice of collection and processing of documents for mailing. Under that practice, it would be deposited with the United States ‘ostal Service on that same day with postage thereon fully prepaid at Fresno, California, in the ordinary course of business. I am aware on motion of the party served, service is presumed invalid if postal cancellation date of postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] BY PERSONAL SERVICE - I caused such envelope to be delivered by hand to the offices of the addressee. I declare under penalty of perjury under the laws of the State of California, that th foregoing is true and correct and if sworn as a witness I can competently testify to the foregoing} of my own knowledge. Executed on November % 2, 2022, at Fresno, California. J. eclarant — Lanette I. Andrist CASE MANAGEMENT STATEMENT