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  • SERTIC VS GARCIA23-CV Other PI/PD/WD - Civil Unlimited document preview
  • SERTIC VS GARCIA23-CV Other PI/PD/WD - Civil Unlimited document preview
  • SERTIC VS GARCIA23-CV Other PI/PD/WD - Civil Unlimited document preview
  • SERTIC VS GARCIA23-CV Other PI/PD/WD - Civil Unlimited document preview
  • SERTIC VS GARCIA23-CV Other PI/PD/WD - Civil Unlimited document preview
  • SERTIC VS GARCIA23-CV Other PI/PD/WD - Civil Unlimited document preview
  • SERTIC VS GARCIA23-CV Other PI/PD/WD - Civil Unlimited document preview
  • SERTIC VS GARCIA23-CV Other PI/PD/WD - Civil Unlimited document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and adoress): Justin T. Lowtrip 223010 FOR COURT USE ONLY Law Offices of Justin T. Lowtrip 11150 W. Olympic Boulevard, Suite 1050 Los Angeles, CA 90064 TELEPHONE NO. 424 273 1462 FAX NO. (Optional): 424 273 1366 E-MAIL ADDRESS: jlowtrip@lowtriplaw.com ATTORNEY FOR (Name). Defs/Noe Garcia; Laura Guido dba D & L TRUCKING SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Avenue MAILING ADDRESS: 1215 Truxtun Avenue CITY AND zip CODE: Bakersfield, CA 93301 BRANCH NAME: PLAINTIFF/PETITIONER: ERIC SERTIC DEFENDANT/RESPONDENT: NOE GARCIA, ET AL. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [<] UNLIMITED CASE ["~] LIMITED CASE BCV19103330JEB (cons w/ BVC20102977 (Amount demanded (Amount demanded is $25,000 BCV21-101449 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 23, 2023 Time: 8:30 am Dept.: Div.:. J Room: Address of court (if different from the address above): (<] Notice of Intent to Appear by Telephone, by (name): JUSTIN T. LOWTRIP INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. Lx ] This statement is submitted by party (name): b. [| This statement is submitted jointly by parties (names): Defs/Noe Garcia; Laura Guido dba D & L TRUCKING 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} [(3¢] 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 served): 4. Description of case a. Type ofcasein [x] complaint x | cross-complaint (Describe, including causes of action): Personal Injuries; motor vehicle accident, CROSS COMPLAINT FOR INDEMNITY, CONTRIBUTION, APPORTIONMENT, DECLARATORY RELIEF AGAINST ERIC SERTIC Page 1 of & Form Cal. Rules of Court, j ilinansanniaholtneaed Use CASE MANAGEMENT STATEMENT wiles 3750-2730 CM-110 (Rey. September 1; 2021] www cours.ca. gov CM-T10 PLAINTIFF/PETITIONER: ERIC SERTIC CASE NUMBER DEFENDANT/RESPONDENT: NOE GARCIA, ETAL. BCV19103330JEB (cons w/ BVC20102977 4. b. Provide a brief statement of the case, including any damages. (if personal injury damages are Sought, speci the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost eamings. If equitable relief is sought, describe fhe nature of the relief, } Please see Plaintiffs CMC Statement L_] (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 trial [__] a nonjury trial. (if more than one party, provide the name of each party requesting a jury tral): 6. Triat date a. (__] The trial has been set for (date): b. X_] 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): ¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [4] days (specify number): 5-7 b. [__] hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial [7] by the attorney or party listed in the caption L__] 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 ([__] 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 rute 3.221. b. Referral to judicial arbitration or civit 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 Cade 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) [_] This case is exempt from judicial arbitration under rule 3.811 of the California Rutes of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CMNO TRaw: September ¢. 2024] CASE MANAGEMENT STATEMENT Page 2 of § CM-110 PLAINTIFF/PETITIONER: ERIC SERTIC GASE NUMBER: DEFENDANT/RESPONDENT: NOE GARCIA, ET AL. BCV19103330JEB (cons w/ BVC20102977 B =- 1 i AG 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 aif 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 ail that apply): | stipulation): [x _] Mediation session not yet scheduled [-] Mediation session scheduled for (date): (1) Mediation was . [_] Agreed to complete mediation by (date): [__] Mediation completed on (date): (_x_| Settlement conference not yet scheduled (2) Settlement [_] Settlement conference scheduled for (date): conference |__| Agreed to complete settlement conference by (date): [| Settlement conference completed on (date): [_] Neutrat evaluation not yet scheduled ; [| Neutral evaluation scheduled for (date): (3) Neutral evaluation . [] Agreed to complete neutral evaluation by (date): (__] Neutrai 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 (6) Other (specify): {| ADR session scheduled for (date): [-_] Agreed to complete ADR session by (date): [|] ADR completed on (date): annette CM-116 (Rey. September 1.2024] CASE MANAGEMENT STATEMENT Page 3 of § | PLAINTIFF/PETITIONER: ERIC SERTIC CASE NUMBER: : | DEFENDANT/RESPONDENT: NOE GARCIA, ET AL. BCV19103330JEB (cons w/ BVC20102977 11. Insurance a. ["x_] Insurance carrier, if any, for party filing this statement (name): Hudson Insurance Company b. Reservation of rights: [| Yes [x] 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. [(x] There are companion, underlying, or related cases. (t) Name of case: MOSS v.GARCIA, ET AL. (2) Name of court: BAKERSFIELD SUPERIOR COURT (3) Case number: BCV 20-102977 (4) Status: Active {|__| Additional cases are described in Attachment 13a. b. [7] A motion to [| consolidate L___] 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 (| The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. [__] The party or parties have completed all discovery, ‘ b. [x] The following discovery will be completed by the date specified (describe aif anticipated discovery): Party Description Date Defendants Plaintiffs and Witness Depositions Per Code Written Discovery Per Code c. [_} The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): renee nnn nnn ET EE een CMF190 [Row September1, 2024] CASE MANAGEMENT STATEMENT Page 4of pe ge ae EM-110 lo PLAINTIFF/PETITIONER: ERIC SERTIC CASE NUMBER: DEFENDANT/RESPONDENT: NOE GARCIA, ET AL. BCV19103330JEB (cons wi BVC20102977 nnn BCV21-101 0 449 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, expiain specifically why economic iitigation procedures refating 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): Pending criminal action against Eric Sertic. 19. Meet and confer a. [_] The party or parties have met and conferred with ail parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): s . 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 (ifany): ! am completely familiar with this case and will be fully prepared to discuss the status of distovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulatioys on these issues at the time of the case management conference, including the written authority of the party whege required. ' A Date: February 9, 2023 / ) pes af i iene spn (TYPE OR PRINT NAME} —— sSIGNATURE OF PARTS, Qe RTTORNEY} TYEE GRPRINFNAME) SSS SIGNATURE OF PARTY ORATTORNEY) (—] Additional sigriatures are attached, CM-110 {Rev. September t, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 1 PROOF OF SERVICE 2 | STATE OF CALIFORNIA COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of CA. I am over the age of 18 4 |land nota party to the within action; my business address is 11150 W. Olympic Boulevard, Suite 1050, Los Angeles, CA 90064. 5 OnFeoruaty 9, 2023 I served the foregoing document described as CASE 6 |MANAGEMENT CONFERENCE STATEMENT on all interested parties in this action and by placing a true copy thereof enclosed is a sealed envelope(s) addressed as follows: 7 Ashkhan Mohamadi, Esq. 8 | SWEET JAMES, LLP 4220 Von Karman Avenue, Suite 200 9 || Newport Beach, CA 92660 Tel: (949) 729-1500 Attorney for Plaintiff ERIC SERTIC 10 Ned Dunphy, Esq. 11 }YOUNG WOOLDRIGE, LLP 1800 30" Street, 4° Floor 12 | Bakersfield, CA 93301 Atty for Plaintiffs BROOKLYN, LEVI & AIDEN MOSS 13 | Thomas Shaver, Esq. SHAVER KORF & CASTONOVO, LLP 14 116255 Ventura Boulevard, Suite 850 Encino, CA 91436 Atty for Def/XCompI/SERTIC 15 @ ELECTRONIC MAIL: I caused such document to be delivered to 16 ||kiannaw @sweetjames.com ndunphy@ youngwooldridge.com 17 || ylambarena @ youngwooldridge.com tws @skc-law.com 18 jashkahn @sweetjames.com iss@ske-law.com 19 flemilyc@sweetjames.com iper]@sweetjames.com 20 Im @ske-law-com reception @skc-law.com 21 EMERGENCY RULE 11 REPEALED EFFECTIVE NOVEMEBR 13, 2020; ADOPTED 22 }EFFECTIVE APRIL 6, 2020. 23 I declare under penalty of perjury under the laws of the State of California that the 24 || foregoing is true and correct. Executed on Eebruary 9, 2023 at Los Angeles, CA. 26 ee ot EDEN MAMAAT 27 SERTIC v. GARCIA 28 || MOSS v. GARCIA