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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 address): FOR COURT USE ONLY Ashkahn Mohamadi (SBN 299029) Sweet James, LLP 4220 Von Karman Ave., Suite 200 Newport Beach, CA 92660 TELEPHONE NO.: (949) 644-1000 FAX NO. (Optional): (949) 644-1005 E-MAIL ADDRESS: ashkahn@sweetjames.com ATTORNEY FOR (Name): Plaintiff Eric Sertic SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Avenue MAILING ADDRESS: 1215 Truxtun Avenue CITY AND ZIP CODE: Bakersfield 93301 BRANCH NAME: Wakefield Taylor Courthouse PLAINTIFF/PETITIONER: Eric Sertic DEFENDANT/RESPONDENT: Noe Garcia, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): X UNLIMITED CASE LIMITED CASE BCV-19-103330 JEB (consolidated with (Amount demanded (Amount demanded is $25,000 BCV-20-102977 and BCV-21-101449) 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): X Notice of Intent to Appear by Telephone, by (name): Ashkahn Mohamadi INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ✖ This statement is submitted by party (name): Plaintiff Eric Sertic 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): November 26, 2019 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 served): 4. Description of case a. Type of case in ✖ complaint cross-complaint (Describe, including causes of action): Personal injury, motor vehicle Page 1 of 5 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 CM-110 PLAINTIFF/PETITIONER: Eric Sertic CASE NUMBER: BCV-19-103330 JEB (consolidated with DEFENDANT/RESPONDENT: Noe Garcia, et al. BCV-20-102977 and BCV-21-101449) 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.) Motor vehicle accident which resulted from DEFENDANT Noe Garcia failing to stop at a stop sign and colliding into PLAINTIFF's vehicle. As a result of the subject incident, PLAINTIFF suffered severe physical and emotional injuries and his passenger, Kylee Moss, passed away. PLAINTIFF's future needs are unknown at this time. (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 ✖ 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. ✖ 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 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. ✖ 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 ✖ 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 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) 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] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Eric Sertic CASE NUMBER: BCV-19-103330 JEB (consolidated with DEFENDANT/RESPONDENT: Noe Garcia, et al. BCV-20-102977 and BCV-21-101449) 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): ✖ Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation ✖ Agreed to complete mediation by (date): Mediation completed on (date): ✖ 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): 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 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Eric Sertic CASE NUMBER: BCV-19-103330 JEB (consolidated with DEFENDANT/RESPONDENT: Noe Garcia, et al. BCV-20-102977 and BCV-21-101449) 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: Brooklyn Dean Moss v. Noe Garcia, et al. (2) Name of court: Kern County Superior Court - Bakersfield (3) Case number: BCV-20-102977 (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 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. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written discovery Per code Plaintiff 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] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Eric Sertic CASE NUMBER: BCV-19-103330 JEB (consolidated with DEFENDANT/RESPONDENT: Noe Garcia, et al. BCV-20-102977 and BCV-21-101449) 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. ✖ 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): 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: February 10, 2023 Ashkahn Mohamadi (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] Page 5 of 5 CASE MANAGEMENT STATEMENT For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form 1 PROOF OF SERVICE 2 SERTIC v. GARCIA, et al. Case No. BCV-19-103330 3 STATE OF CALIFORNIA, COUNTY OF KERN 4 At the time of service, I was over 18 years of age and not a party to this action. I am 5 employed in the County of Orange, State of California. My business address is 4220 Von Karman Avenue, Suite 200, Newport Beach, CA 92660. 6 On the date below, I served the following document(s) described as CASE 7 MANAGEMENT STATEMENT on the interested parties in this action as follows: 8 SEE ATTACHED SERVICE LIST 9 [ ] BY MAIL, as follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. 10 Postal Service on that same day with postage thereon fully prepaid at Newport Beach, California, in the ordinary course of business. I am aware that on motion of the party served, service is 11 presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 12 [ ] BY PERSONAL DELIVERY: I caused such envelope to be delivered by hand to the office 13 of the addressee. 14 [ ] BY FAX: I caused such document to be delivered by telecopy transmission to the offices of the addressee and received a transmission confirmation therefor. 15 [ ] BY FEDERAL EXPRESS: I caused such envelope to be delivered by Federal Express to 16 the offices of the addressee. 17 [X] BY ELECTRONIC MAIL: I caused such document to be delivered electronically to the interested parties in this action as follows on the Service List, pursuant to CCP §1010.6(6). 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. 20 Executed on February 10, 2023 at Newport Beach, California. 21 22 Emily Clark 23 24 25 26 27 28 1 PROOF OF SERVICE 1 SERVICE LIST 2 SERTIC v. GARCIA, et al. Case No. BCV-19-103330 3 4 Justin T. Lowtrip Attorneys for Defendants/Cross- LAW OFFICES OF JUSTIN T. LOWTRIP Defendants, 5 11150 W. Olympic Blvd., Suite 1050 NOE GARCIA and LAURA GUIDO Los Angeles, CA 90064 dba D&L TRUCKING 6 Telephone: (424) 273-1462 Facsimile: (424) 273-1366 7 jlowtrip@lowtriplaw.com eden@lowtriplaw.com 8 Ned. E. Dunphy Attorneys for Plaintiff, 9 YOUNG WOOLDRIDGE LLP BROOKLYN DEANN MOSS, by and 1800 30th Street, 4th Floor through her Guardian ad Litem, 10 Bakersfield, CA 93301 GREGORY HOLDER (Related Case Telephone: (661) 327-9661 No. BCV-20-102977) 11 ndunphy@youngwooldridge.com ylambarena@youngwooldridge.com 12 Thomas W. Shaver Attorneys for Defendant/Cross 13 SHAVER, KORFF & CASTRONOVO LLP Complainant, 16255 Ventura Blvd., Suite 850 ERIC SERTIC (Related Case No. BCV- 14 Encino, CA 91436 20-102977) Telephone: (818) 905-6001 15 Facsimile: (818) 905-6004 tws@skc-law.com 16 lm@skc-law.com reception@skc-law.com 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE