Legal Document: HERNANDEZ ET AL VS SILVA-DIAZ

On July 13, 2022 a Hernandez.Guadalup.CMC.statement. was filed involving a dispute between Ajooni Chauhan, Guadalupe Eloisa Hernandez, and Noe Silva-Diaz, for 22-CV Auto - Civil Unlimited in the District Court of Kern County.

Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
DAVID K. COHN, SBN 68768 \ DOUG FITZ-SIMMONS, SBN 128338
CHAIN | COHN | CLARK, A Law Corporation
1731 Chester Avenue
Bakersfield, CA 93301
TELEPHONE NO.: (661) 323-4000 FAX NO. (Optional): (661) 324-1352
E-MAIL ADDRESS:dcohn@chainlaw.com | dfitzsimmons@chainlaw.com
ATTORNEY FOR (Name):PLAINTIFFS
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1215 Truxtun Avenue
MAILING ADDRESS:-
Bakersfield 93301
CITY AND ZIP CODE:
BRANCH NAME: Metropolitan Division
PLAINTIFF/PETITIONER: GUADALUPE ELOISA HERNANDEZ, et al.
DEFENDANT/RESPONDENT:
NOE SILVA-DIAZ
CASE MANAGEMENT STATEMENT CASE NUMBER:

(Check one): X UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000 BCV-22-101742
exceeds $25,000) or less)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: January 11, 2023 Time: 8:30 am Dept.:H Div.: Room:
Address of court (if different from the address above):

X Notice of Intent to Appear by Telephone, by (name): Doug Fitz-Simmons
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): Guadalupe Eloisa Hernandez; Ajooni Chauhan, Noor Chauhan, minors by their
b. This statement is submitted jointly by parties (names): Guardian ad Litem Guadalupe Eloisa Hernandez

2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): July14, 2022
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) have not been served (specify names and explain why not):

(2) X have been served but have not appeared and have not been dismissed (specify names):
Defendant is represented by counsel who is awaiting to be served with the correct summons and complaint, once approved by the Court
(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):
This case involves a motor vehicle accident that occurred on August 20, 2021, in Bakersfield, CA.
Defendant's vehicle collided into Plaintiffs' vehicle
causing injuries to Plaintiff and her minor passengers.

Page 1 of 6

Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov

LexisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: GUADALUPE ELOISA HERNANDEZ, et al. CASE NUMBER:

DEFENDANT/RESPONDENT: NOE SILVA-DIAZ BCV-22-101742
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.)
Please see Page 1, 4a for brief statement Please see 4b Attachment

x (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 (if
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
not, explain):

c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Please see attached Master Trial Calendar
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. X 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 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 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 X 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) X 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):
The value of this case exceeds the judicial arbitration limits.
CM-110 [Rev. September 1, 2021] Page 2 of 6
CASE MANAGEMENT STATEMENT

LexisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: GUADALUPE ELOISA HERNANDEZ, et al. CASE NUMBER:

DEFENDANT/RESPONDENT:
NOE SILVA-DIAZ BCV-22-101742
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):
X
conference 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
(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):
ADR completed on (date):

CM-110 [Rev. September 1, 2021] Page 3 of 6
CASE MANAGEMENT STATEMENT

LexisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: GUADALUPE ELOISA HERNANDEZ CASE NUMBER:

DEFENDANT/RESPONDENT: NOE SILVA-DIAZ BCV-22-101742
11. 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 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 (specify moving party, type of motion, and issues):
The party or parties expect to file the following motions before trial
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 per code 30 days before trial
Plaintiff depositions of parties and witnesses 30 days before trial
All parties expert depositions 15 days before trial

c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):

CM-110 [Rev. September 1, 2021] Page 4 of 6
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
CM-110
PLAINTIFF/PETITIONER: GUADALUPE ELOISA HERNANDEZ, et al. CASE NUMBER:

DEFENDANT/RESPONDENT: NOE SILVA-DIAZ BCV-22-101742

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
X The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
An Amended Complaint was filed by Plaintiffs' counsel, but the Summons was rejected due to a clerical error.
Plaintiffs' counsel is
in the process of filing a Motion to seek leave from the Court in order to correct this mistake.
As such, Plaintiffs' counsel
requests a
90-day continuance and asks the Court to schedule a Further Case Management Conference.

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): 5
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: December 28, 2022
Doug Fitz-Simmons
(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. September 1, 2021]
CASE MANAGEMENT STATEMENT Page 5 of 6

LexisNexis® Automated California Judicial Council Forms
MC-025
CASE NUMBER:
SHORT TITLE:
HERNANDEZ v. SILVA-DIAZ BCV-22-101742

ATTACHMENT (Number): 4b
(This Attachment may be used with any Judicial Council form.)
4b.

Plaintiff Guadalupe Hernandez suffered stress of being 31 weeks pregnant on date of incident with injuries of
low back, both knees, left elbow and arm, left shoulder and bilateral wrists.
Medical expenses: $37,059.34
Future medical expenses: unknown
Future wage loss: unknown
General Damages

Plaintiff Ajooni Chauhan suffered injuries of bruising and mental distress
Medical expenses: $16,568.72
Future medical expenses: unknown
Future wage loss: unknown
General Damages

Plaintiff Noor Chauhan suffered bruising, bumps on left leg and forehead
Medical expenses: $18,729.17
Future medical expenses: unknown
Future wage loss: unknown
General Damages

(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 6 of 6
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use www.courtinfo.ca.gov
Judicial Council of California ATTACHMENT
MC-025 [Rev. July 1, 2009] to Judicial Council Form
LexisNexis® Automated California Judicial Council Forms
Chain Cohn Clark A Law Corporation
CCS - Trial Master Calendar by Atty
Case Name Atty Venue Event Desc Date

Harrison v. Sheppard MCC Kern County Superior Court, Trial Date 1/23/2023
Bernard C. Barmann, Jr.
Oliver v. Excel Realty Partners, LP DKC Kern County Superior Court, Trial Date 1/23/2023
Thomas S. Clark
Hassanali v. Metal Art of California, Inc. MCC Orange County Superior Court , Trial Date 2/6/2023
Stephanie George
Portillo v. Chiang MCC Los Angeles County Superior Trial Date 2/14/2023
Court - Spring Street 2/14/2023
Courthouse, Audra Mori
Morgan v. Russ CJB Kern County Superior Court, Trial Date 2/14/2023
Bernard C. Barmann, Jr. 2/14/2023
Jane Doe v. Kern High School District MCC Bradshaw, J. Eric Trial Date 2/27/2023
2/27/2023
Sanchez v. Pacific Plastics, Inc. DKC Orange County Superior Court , Trial Date 3/10/2023
Walter Schwarm
Vasquez v. Diaz MCC Kern County Superior Court, Trial Date 3/13/2023
Bernard C. Barmann, Jr.
Tuller v. NAPD MCC Kern County Superior Court, Trial Date 3/20/2023
Thomas S. Clark
Heidt v. Andrade MCC Kern County Superior Court, Trial Date 4/17/2023
Bernard C. Barmann, Jr.
Hidrogo; Montalvo v. MacPherson Oil MCC Kern County Superior Court, Trial Date 4/24/2023
Co Thomas S. Clark
Comparan v. Honaker DKC Kern County Superior Court, Trial Date 5/1/2023
Thomas S. Clark
Howard v. Yanney MCC Kern County Superior Court, Trial Date 5/1/2023
Thomas S. Clark
Kowal v. SAILS MCC Kern County Superior Court, Trial Date 5/1/2023
Thomas S. Clark
Comparan v. S. C. Anderson, Inc. DKC Kern County Superior Court, Trial Date 5/8/2023
Thomas S. Clark
Mendoza v. M.D. Atkinson Company, DKC Kern County Superior Court, Trial Date 5/8/2023
Inc., et. al Bernard C. Barmann, Jr.
Jones v. Ahern Rentals, Inc. CJB Kern County Superior Court, J. Trial Date 5/15/2023
Eric Bradshaw
Figueroa v. Inland Aviation, Inc. MCC Kern County Superior Court, Trial Date 5/15/2023
Bernard C. Barmann, Jr.
Borrego v. Duran Contracting, Inc. DKC Kern County Superior Court, Trial Date 5/15/2023
Thomas S. Clark
Swords v. Li MCC Los Angeles Couunty Superior Trial Date 5/19/2023
Court - Spring Street
Courthouse, Edward B.
Moreton

12/28/2022 12:24:17 PM Page 1 of 4
Event Kind='D' and uncompleted and Event Type = "Trial Date" and (Professional = 'David K. Cohn', 'Matthew C.
Clark', 'Chad J. Boyles')
Chain Cohn Clark A Law Corporation
CCS - Trial Master Calendar by Atty
Case Name Atty Venue Event Desc Date

Uribe v. Milanesio Farms, Inc. MCC Kern County Superior Court, Trial Date 5/30/2023
Thomas S. Clark
Davis v. Hiler DKC Kern County Superior Court, Trial Date 6/5/2023
Bernard C. Barmann, Jr.
Ortega v. Kephart MCC Kern County Superior Court, Trial Date 6/5/2023
Thomas S. Clark
Ornelas v. BlueSky Helicopters, Inc. DKC Kern County Superior Court, J. Trial Date 6/12/2023
Eric Bradshaw 6/12/2023
Velasco Arellano v. T.G. Schmeiser Co., MCC Kern County Superior Court, Trial Date 6/12/2023
Inc. Thomas S. Clark
Rangel v. Excel Realty Partners MCC Kern County Superior Court, Trial Date 6/12/2023
Thomas S. Clark
Swords v. Excel Realty Partners, L.P. MCC Kern County Superior Court, Trial Date 6/12/2023
Bernard C. Barmann, Jr.
Holfeld v. Kunzi MCC Kern County Superior Court, J. Trial Date 6/19/2023
Eric Bradshaw
Braudrick v. Carl's Jr. DKC Trial Date 6/19/2023

Morris v. Gonzalez MCC Kern County Superior Court, J. Trial Date 6/19/2023
Eric Bradshaw
Pace v. Garcia MCC Kern County Superior Court, Trial Date 6/19/2023
Bernard C. Barmann, Jr.
Kelsey v. Brandy Melville USA DKC Los Angeles County Superior Trial Date 6/23/2023
Court- Spring Street, Daniel M.
Crowley
Astumian v. Hector's Plumbing CJB Kern County Superior Court, J. Trial Date 6/26/2023
Eric Bradshaw
Velez v. Victoria Transportation DKC Kern County Superior Court, J. Trial Date 6/26/2023
Eric Bradshaw
Hernandez v. Bobadilla MCC Trial Date 6/26/2023

Eisen v. Felizarta DKC Trial Date 7/10/2023

Claunch v. Philadelphia Tramrail MCC Kern County Superior Court, J. Trial Date 7/17/2023
Enterprises, Inc., et al. Eric Bradshaw
Massey v. Ibarra MCC Kern County Superior Court, Trial Date 7/24/2023
Bernard C. Barmann, Jr.
Jones v. Lennar Homes MCC Kern County Superior Court, Trial Date 7/24/2023
Thomas S. Clark
DiMaggio v. Zazueta Chavez MCC Kern County Superior Court, Trial Date 7/24/2023
Bernard C. Barmann, Jr.
Luebrecht v. Walmart Stores, Inc. CJB Kern County Superior Court, Trial Date 7/31/2023
Bernard C. Barmann, Jr.

12/28/2022 12:24:17 PM Page 2 of 4
Event Kind='D' and uncompleted and Event Type = "Trial Date" and (Professional = 'David K. Cohn', 'Matthew C.
Clark', 'Chad J. Boyles')
Chain Cohn Clark A Law Corporation
CCS - Trial Master Calendar by Atty
Case Name Atty Venue Event Desc Date

Dieffenbaucher v. Munoz and Federal DKC Kern County Superior Court, Trial Date 8/7/2023
Express Thomas S. Clark
Federico v. Athena Property CJB Kern County Superior Court, Trial Date 8/21/2023
Management Bernard C. Barmann, Jr.
Tindell v. Essential Transport, Inc. DKC U.S. District Court, Central Trial Date 8/22/2023
District of California, Pedro V. 8/22/2023
Castillo
Bennett v. Arzate; Varner/Son Inc. MCC Kern County Superior Court, Trial Date 8/28/2023
Thomas S. Clark
Draper v. Lifehouse Bakersfield MCC Kern County Superior Court, Trial Date 9/11/2023
Operations, LLC Bernard C. Barmann, Jr.
Parker v. KHSD MCC Kern County Superior Court, J. Trial Date 9/11/2023
Eric Bradshaw
Sanchez v. Singh MCC Kern County Superior Court, J. Trial Date 9/18/2023
Eric Bradshaw
Loveall v. Carrillo CJB Kern County Superior Court, J. Trial Date 9/18/2023
Eric Bradshaw
Gardner v. Cornejo MCC Trial Date 9/18/2023

Ortiz v. Sibley DKC Kern County Superior Court, Trial Date 10/2/2023
Bernard C. Barmann, Jr.
Jackson v. State of California MCC Trial Date 10/2/2023

Bailey v. Reyes Coca-Cola Bottling, MCC Kern County Superior Court, Trial Date 10/16/2023
LLC, et al. Bernard C. Barmann, Jr.
Tovar v. Aera Energy, LLC MCC Kern County Superior Court, J. Trial Date 10/30/2023
Eric Bradshaw
Stewart v. Clark Pest Control of DKC Trial Date 11/9/2023
Stockton, Inc.
Spencer v. Caballero-Sanchez MCC Kern County Superior Court, Trial Date 11/20/2023
Bernard C. Barmann, Jr.
Reed v. MCM Construction CJB Sacramento County Superior Trial Date 1/16/2024
Court
Hunter; Leonard v. Ferguson DKC Los Angeles County Superior Trial Date 1/17/2024
Court - Spring Street
Courthouse, Serena R. Murillo
Sipe v. UPS MCC Kern County Superior Court, Trial Date 2/5/2024
Thomas S. Clark
Sierra/Galvan v. Encompass Health MCC Kern County Superior Court, Trial Date 2/13/2024
Rehabilitation Hospital Thomas S. Clark
Kurtz v. Anaya DKC Kern County Superior Court, Trial Date 3/4/2024
Thomas S. Clark
Castillo v. Bravo Fence and Materials MCC Fresno County Superior Court, Trial Date 4/22/2024
Rosemary McGuire

12/28/2022 12:24:17 PM Page 3 of 4
Event Kind='D' and uncompleted and Event Type = "Trial Date" and (Professional = 'David K. Cohn', 'Matthew C.
Clark', 'Chad J. Boyles')
Chain Cohn Clark A Law Corporation
CCS - Trial Master Calendar by Atty
Case Name Atty Venue Event Desc Date

Mangrum v. Alfaro; Wawona Packing DKC Superior Court of California - Trial Date 6/3/2024
Co. County of Fresno , Kristi Culver
Kapertan
Rhoades v. Camarena MCC Fresno County Superior Court, Trial Date 9/16/2024
Rosemary McGuire

12/28/2022 12:24:17 PM Page 4 of 4
Event Kind='D' and uncompleted and Event Type = "Trial Date" and (Professional = 'David K. Cohn', 'Matthew C.
Clark', 'Chad J. Boyles')
1 PROOF OF SERVICE
BY ELECTRONIC TRANSMISSION
2
STATE OF CALIFORNIA, COUNTY OF KERN:
3
I am employed in the County of Kern, State of California. I am over the age of 18
4 years and not a party to the within action; my business address is 1731 Chester Avenue,
Bakersfield, California 93301.
5

6 On December 28, 2022, I served the foregoing document described as CASE
MANAGEMENT STATEMENT on the interested parties in this action by electronic
7 transmission as follows:
8
*NO PARTIES HAVE APPEARED
9

10 BY ELECTRONIC TRANSMISSION: Pursuant to California Code of Civil
Procedure § 1010.6, this document is being served by e-mailing the document to the
11
individual(s) listed in the e-mail address(es) above. Additionally, the document
12 referenced above is served only by using electronic mail. A physical copy will be
provided upon request only. No electronic auto-reply message or other indication that the
13 transmission was unsuccessful was received.
14

16 Executed on December 28, 2022, at Bakersfield, California.
17
I declare under penalty of perjury under the laws of the State of California that the
18 above is true and correct.

19
__________________________________
20
JULIE M. VOLKMAR
21

28
CHAIN | COHN | CLARK
1731 CHESTER AVENUE
BAKERSFIELD, CA 93301
(661) 323-4000

Case Info

Judge

Zulfa, David Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

December 28, 2022

Case Filing Date

July 13, 2022

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Document for HERNANDEZ ET AL VS SILVA-DIAZ

Preview

Related Topics

Case Info

Parties