Preview
CM-110
ATIORNEY OR PARTY WITHOUT ATIORNEY (Name, state Bar number, tNJd tlddress): FOR COURT USE ONLY
Carey Wood, SBN 292447; Lara Rogers, SBN 342780
Consumer Law Experts, PC
5757 W. Century Blvd., Suite 500
Los Angeles, CA 90045
TELEPHONE NO.: (31 0) 442-1410 FAX NO. (Options/): (877) 566-8828
E-MAJLADDRESS:carev~nolemon.com: lara~nolemon.com
ATIORNEYFOR(NameJ:Piaintiff. ELOISA V. ZEPEDA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDREss: 1215 Truxtun Ave.
MAILING ADDRESS: 1215 Truxtun Ave.
CITY AND ZIP CODE: Bakersfield. 93301
BRANCH NAME: Metrooolitan Division Justice Buildina
PLAINTIFF/PETITIONER: ELOISA V. ZEPEDA
DEFENDANT/RESPONDENT: GENERAL MOTORS, LLC
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [KJ UNLIMITED CASE CJ LIMITED CASE BCV-22-102377
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 03/13/2023 Time: 8:15 a_m_ Dept.: 11 Div.: Room:
Address of court (ff different from the address above):
[KJ Notice of Intent to Appear by Telephone, by (name): Lara Rogers
INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided.
1. Party or parties (answer one):
a. W This statement is submitted by party (name): Plaintiff, ELOISA V. ZEPEDA
b. D 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): September 9, 2022
b. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. [KJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. D The following parties named in the complaint or cross-complaint
(1) D have not been served (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 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 [KJ complaint D cross-complaint (Describe, including causes of action):
Breach of express and implied warranties under California's Song-Beverly Consumer Warranty Act (lemon law).
Page1 of5
Form Adopled II:Jr M•no:hltory Ue& Cl!l. Rul• of Court.
Judicilll Council of C.lifomill
CASE MANAGEMENT STATEMENT rules 3.720-,3.730
CM·110 [Rev. September 1, 20211 www.coutts.ca.gov
CM-110
PLAINTIFF/PETITIONER: ELOISA V. ZEPEDA CASE NUMBER:
DEFENDANT/RESPONDENT: GENERAL MOTORS, LLC BCV-22-102377
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 seeks a repurchase/replacement of the subject vehicle, civil penalties, and attorneys' fees for manufacturer's inability
to conform the subject vehicle to warranty after multiple repair attempts and willful refusal to repurchase/replace the subject
vehicle.
D (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 [KJ a jury trial D a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. D The trial has been set for (date):
b. [KJ 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 attomeys will not be available for trial (specify dates and explain reasons for unavailability):
See attachment.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [KJ days (specify number): 5-7
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial [KJ by the attorney or party listed in the caption D by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
D Additional representation is described in Attachment 8.
9. Preference
D 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 Califomia 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 D has [KJ 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 D has D has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
( 1) D 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) D 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) D This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. September 1, 20211 Page2of5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: ELOISA V. ZEPEDA CASE NUMBER:
DEFENDANT/RESPONDENT: GENERAL MOTORS, LLC BCV-22-102377
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): stipulailon):
[KJ Mediation session not yet scheduled
D Mediation session scheduled for (date):
(1) Mediation [KJ
D Agreed to complete mediation by(date):
D Mediation completed on (date):
D Settlement conference not yet scheduled
(2) Settlement D Settlement conference scheduled for(date):
conference D D Agreed to complete settlement conference by(date):
D Settlement conference completed on (date):
D Neutral evaluation not yet scheduled
D Neutral evaluation scheduled for (date):
(3) Neutral evaluation D D Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date):
D Judicial arbitration not yet scheduled
(4) Nonbinding judicial D D Judicial arbitration scheduled for (date):
arbitration D Agreed to complete judicial arbitration by (date):
D Judicial arbitration completed on (date):
D Private arbitration not yet scheduled
(5) Binding private D D Private arbitration scheduled for (date):
arbitration D Agreed to complete private arbitration by (date):
D Private arbitration completed on (date):
D ADR session not yet scheduled
(6) Other (specify):
D ADR session scheduled for (date):
D D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-110 [Rev. September 1, 20211 '"-lle3of5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: ELOISA V. ZEPEDA CASE NUMBER:
DEFENDANT/RESPONDENT: GENERAL MOTORS, LLC BCV-22-102377
11. Insurance
a. D Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: D Yes D No
c. D Coverage issues will significanUy 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.
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 will be filed by (name party):
14. Bifurcation
D 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
[KJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Applicable Motions in Limine
16. Discovery
a. D The party or parties have completed all discovery.
b. [KJ The following discovery will be completed by the date specified (describe all anticipated discovery):
Earty Description Date
Plaintiff Written Discovery 60-90 days
Plaintiff Defendant Depositions 90-120 days
Plaintiff Expert Depositions Per Code
c. c=J The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 20211 . . . 4of5
CASE MANAGEMENT STATEMENT
CM·110
PLAINllFFIPE'miONER: ELOISA V. ZEPEDA
GENERAL MOTORS, LLC BCV-22-102377
IDEl'E-11fiESPONCENT:
17. E cono rnlc IIIIa11:1 Oft
a. D Thbs lis a In-lied eM CIUie (I.e., the .nount demwnled I& $25,000 or less) and lhe economic lllfg1111on pn!C81iJ~Win Code
Clf Cllll Pn~Qecl~re ll8dlof1t 80-N w1ltf1Piy lo 111111 '*"'·
D Thlala a limited c:Micaetw!d • ma11on to -..Athdraw 1he- mxn 1he -!Omlc lllf9don pniC8dunsa or far eddltlanel
b.
dlecow!y w11 be tied (If dlecllled....,
ahould not ($fJiy to titS$ - ) :
t!ptld/lt:IIIRywtly IICOIIOIIIIc~ ~~to ~ortdt/11
18.0thw ...UM
D 1M 1181\Y«partie& reqlle8t 1hat1he follow11'G ad
Preview
CM-110 ATIORNEY OR PARTY WITHOUT ATIORNEY (Name, state Bar number, tNJd tlddress): FOR COURT USE ONLY Carey Wood, SBN 292447; Lara Rogers, SBN 342780 Consumer Law Experts, PC 5757 W. Century Blvd., Suite 500 Los Angeles, CA 90045 TELEPHONE NO.: (31 0) 442-1410 FAX NO. (Options/): (877) 566-8828 E-MAJLADDRESS:carev~nolemon.com: lara~nolemon.com ATIORNEYFOR(NameJ:Piaintiff. ELOISA V. ZEPEDA SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDREss: 1215 Truxtun Ave. MAILING ADDRESS: 1215 Truxtun Ave. CITY AND ZIP CODE: Bakersfield. 93301 BRANCH NAME: Metrooolitan Division Justice Buildina PLAINTIFF/PETITIONER: ELOISA V. ZEPEDA DEFENDANT/RESPONDENT: GENERAL MOTORS, LLC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [KJ UNLIMITED CASE CJ LIMITED CASE BCV-22-102377 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 03/13/2023 Time: 8:15 a_m_ Dept.: 11 Div.: Room: Address of court (ff different from the address above): [KJ Notice of Intent to Appear by Telephone, by (name): Lara Rogers INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided. 1. Party or parties (answer one): a. W This statement is submitted by party (name): Plaintiff, ELOISA V. ZEPEDA b. D 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): September 9, 2022 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [KJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (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 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 [KJ complaint D cross-complaint (Describe, including causes of action): Breach of express and implied warranties under California's Song-Beverly Consumer Warranty Act (lemon law). Page1 of5 Form Adopled II:Jr M•no:hltory Ue& Cl!l. Rul• of Court. Judicilll Council of C.lifomill CASE MANAGEMENT STATEMENT rules 3.720-,3.730 CM·110 [Rev. September 1, 20211 www.coutts.ca.gov CM-110 PLAINTIFF/PETITIONER: ELOISA V. ZEPEDA CASE NUMBER: DEFENDANT/RESPONDENT: GENERAL MOTORS, LLC BCV-22-102377 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 seeks a repurchase/replacement of the subject vehicle, civil penalties, and attorneys' fees for manufacturer's inability to conform the subject vehicle to warranty after multiple repair attempts and willful refusal to repurchase/replace the subject vehicle. D (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 [KJ a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. [KJ 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 attomeys will not be available for trial (specify dates and explain reasons for unavailability): See attachment. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [KJ days (specify number): 5-7 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [KJ by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 Califomia 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 D has [KJ 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). ( 1) D 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) D 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) D This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. September 1, 20211 Page2of5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: ELOISA V. ZEPEDA CASE NUMBER: DEFENDANT/RESPONDENT: GENERAL MOTORS, LLC BCV-22-102377 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): stipulailon): [KJ Mediation session not yet scheduled D Mediation session scheduled for (date): (1) Mediation [KJ D Agreed to complete mediation by(date): D Mediation completed on (date): D Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for(date): conference D D Agreed to complete settlement conference by(date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): (3) Neutral evaluation D D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D ADR session scheduled for (date): D D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 [Rev. September 1, 20211 '"-lle3of5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: ELOISA V. ZEPEDA CASE NUMBER: DEFENDANT/RESPONDENT: GENERAL MOTORS, LLC BCV-22-102377 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues will significanUy 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. 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 will be filed by (name party): 14. Bifurcation D 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 [KJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Applicable Motions in Limine 16. Discovery a. D The party or parties have completed all discovery. b. [KJ The following discovery will be completed by the date specified (describe all anticipated discovery): Earty Description Date Plaintiff Written Discovery 60-90 days Plaintiff Defendant Depositions 90-120 days Plaintiff Expert Depositions Per Code c. c=J The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 20211 . . . 4of5 CASE MANAGEMENT STATEMENT CM·110 PLAINllFFIPE'miONER: ELOISA V. ZEPEDA GENERAL MOTORS, LLC BCV-22-102377 IDEl'E-11fiESPONCENT: 17. E cono rnlc IIIIa11:1 Oft a. D Thbs lis a In-lied eM CIUie (I.e., the .nount demwnled I& $25,000 or less) and lhe economic lllfg1111on pn!C81iJ~Win Code Clf Cllll Pn~Qecl~re ll8dlof1t 80-N w1ltf1Piy lo 111111 '*"'· D Thlala a limited c:Micaetw!d • ma11on to -..Athdraw 1he- mxn 1he -!Omlc lllf9don pniC8dunsa or far eddltlanel b. dlecow!y w11 be tied (If dlecllled...., ahould not ($fJiy to titS$ - ) : t!ptld/lt:IIIRywtly IICOIIOIIIIc~ ~~to ~ortdt/11 18.0thw ...UM D 1M 1181\Y«partie& reqlle8t 1hat1he follow11'G ad