Preview
CM-110
ATI'ORNEY OR PARTY WITHOUT ATTORNEY (Name, and address):
Slate Bar number, FOR COURT USE ONLY
Adam B. Stirrup, No.257683 SBN:
BARADAT & PABOOJIAN, INC.
720 W. Alluvial Avenue
Fresno, California 93711 E-FILED
TELEPHONE No; (559) 43 1 .5366 FAX No. (Optional):(559) 43 1-
l702 2/14/2019 9:19 AM
ADDRESS
EAMAIL abs@bplaw-inc.com
(Optional):
ATTORNEY FOR
FRESNO COUNTY SUPERIOR COURT
(Name):
Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OFFRESNO By: J. Nelson, Deputy
sTREEr ADDRESS:1 130 O Street
MAILINGADDRESSI 130 "O" Street
CITvANDZIPCODE:Fresno, 93721-2220
BRANCHNAMEBF. Sisk Courthouses
PLAINTIFF/PETITIONER: ELIZABETH ALICE SERRANO; et al.
DEFENDANT/RESPONDENT: ESTATE OF MANUEL SANCHEZ; 6t al.
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is$25,000
ISCECGOMH
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE iSscheduled as follows:
DateIMarch 7, 2019 Timez3230 p.m. Dept.:402 Div.: Room:
Address of court (ifdifferent from the
address above):
E Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a.
b. E This statement
This statement
is
is
submitted by party (name):Elizabeth Alice Serrano; Elizabeth Leticia Serrano; Juan
submitted jointly by parties (names):
Serrano
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/ainants only)
a,
b, E
The complaint was filed on (date),'September
The cross-complaint,ifany, was filed
12, 2018
on (date):
3, Service (tobe answered by and cross-comp/ainants
plaintiffs only)
a,
b. E The
(1) E
named
All parties inthe complaint and cross-complaint have been served,
named
following parties inthe complaint or cross-complaint
have not been served (specify names and explain why
have appeared, or have been dismissed.
not):
(2) E have been sewed but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered againstthem names):
(specilj/
c. E The
theymay be served):
may be added
following additional parties (specifynames, nature of/nvo/vement incase, and date by Which
Description of case
av TYpe 0f case In complaint
injured in a motor vehicle accident.
E cross—complaint (Describe, including causes of action):
Plaintiffs were
Page1of 5
Form AdoptedMandateUse
for
Judicial Council of Califo‘zua CAS E MANAGEM ENT STATEMEN T C R
|. \ f
rautesuae;2%—Cao7uanol
CM»110[Rev.Ju\y1,2o11] ' '
www gov
courts.ca
Westlaw Do: E Farm Eullder-
CM-110
CASE NUMBER:
PLAlNTIFF/PETITIONER: ELIZABETH ALICE SERRANO; et a1.
18CECG03411
DEFENDANT/RESPONDENT: ESTATE 0F MANUEL SANCHEZ; et a1.
4. b, Provide a brief statement of the case, including any damages.
(/fpersona/ 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. Damages are still being calculated.
E (/fmore space isneeded, check box and attach a page designated as Attachment
this 4b.)
5. Jury or nonjury
The
requesting ajury
trial
party or parties request
trial):
a jurytrial E a nonjury trial. name
(lfmore than one party, provide the of each party
6.
a‘
b.
E
Trialdate
The
No
has been setfor (date):
trial
date has been
trial set.This case willbe ready 12 months ofthe date ofthe filing of the complaint
for trial within (if
not, explain):
o. Dates on which be available
parties or attorneys will not fortrial(specify datesand explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial will
a.
b. E days (specify number):4-5
hours (short causes) (specify):
8. Trial representation
The
a.
party or parties
Attorney:
(to
will
be answered for
be represented
each
attrial
party)
by the attorney or party the caption
listed in E by the following:
b Firm:
c Address:
d. Telephone number: f, Fax number:
Ee E-mail address:
Additional representationisdescribed inAttachment 8.
g‘ Party represented:
9.
10.
E
Preference
This case is code
entitled to preference (specifi/
Alternative dispute resolution (ADR)
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 3.221for information aboutthe processes available through the
and community programs
court
(1) For parties represented by counsel:
inrule 3.221
case.
in this
Counsel
and reviewed
to the client ADR
has E
options with the
has not
client.
providedthe ADR information package identified
(2) For self—represented parties:
PartyE has E has not reviewed the ADR information package identified
in rule3.221.
b.
(1) E
Referral tojudicial arbitration or
mediation under
civilaction mediation available).
(if
This matter is sub‘ectto mandatory judicial arbitration under Code of Civil
ode of Civil Procedure section
Procedure section 1141.11 orto civil action
1775.3 because the amount in controversy does not exceed the
statutorylimit.
(2) E CivilProcedure section
case to
Plaintiff elects to refer this
1141,11.
and agrees
judicial arbitration amount specified
to limit recovery to the inCode of
(3) E This case is exemptfrom judicial arbitration under rule 3,811
mediation under Code of Civil
ofthe California Rules of Courtorfrom
Procedure section 1775 et seq. (specify exemption):
civilaction
0M4 10 [Ru
July
1,2011]
CASE MANAGEMENT STATEMENT PageZOfs
CM-110
PLAINTIFF/PETITIONER: ELIZABETH ALICE SERRANO; et a1.
CASE NUMBER
DEFENDANT/RESPONDENT:ESTATE 0F MANUEL SANCHEZ; et a1.
13CECG°3411
10_ c. ADR
Indicate the process or processes thatthe party or parties are willing to participate
in,have agreed to participate
in,or
have already participatedin(check al/ that apply and provide the specified information):
The party or parties completing the party or parties completing this form
If in the case have agreed to
thisform are willing to participate
inorhave already completed an ADR process or processes,
participate
inthe followingADR indicate the status of the processes (attach a copy ofthe panies’ADR
processes (check allthat apply):stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1)Mediation DUDE
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2)Settlement Settlement conference scheduled for (date):
conference DUDE
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
DUDE
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
(4) Nonbinding judicial scheduled
Judicial arbitration for (date):
arbitration DUDE
Agreed to complete judicial arbitration
by (date):
completed on
Judicial arbitration (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration DUDE
Agreed to complete privatearbitration
by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify): DUDE
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110[Rev. July1, 2011]
Page3°f5
CASE MANAGEMENT STATEMENT
CM-11o
CASE NUMBER:
PLA'NT'FF/PETITIONERELIZABETH ALICE SERRANO; et a1.
18CECG03411
DEFENDANT/RESPONDENTESTATE 0F MANUEL SANCHEZ; et a1.
11.
a. D
Insurance
Insurance carrier,
E
if
E
any, for party statement (name):
filing this
b.
c. E
Reservation of rights:
Coverage issues will
Yes No
case
significantly affect resolution ofthis (explain):
12. Jurisdiction
E
Indicate
Status:
any matters
Bankruptcy E
thatmay affect the court's jurisdiction or processing of this
Other(spec/fy):
case and describe thestatus.
13.
a. E
Related cases, consolidation, and coordination
There are companion, underlying, or related cases,
(1)Name of case:
(2)Name of court:
(3)Case number:
(4) Status:
E
E
Additional cases are described Attachment 13a.
E E
in
b. A motion to consolidate coordinate willbe filedby (name party):
14.
EBifurcation
The party or parties intend to
moving
action (specify
a motion for
fiIe an order bifurcating, severing,
and reasons):
party, type of motion,
or coordinating the following issues or
causes of
Other motions
E
15.
The party or parties expect to file the following motions before(specify
trial moving party, type ofmofion,and issues):
16.
a. E
Discovery
The have completed
patty or parties alldiscovery.
b.
m
The
Plaintiffs
following discoverywillbe completed by the date specified (describe
Written Discovery
Description
al/
m
anticipated discovely):
Pursuant to Code
Plaintiffs Depositions Pursuant to Code
Plaintiffs Expert Witness Depositions Pursuant t0 Code
C. D The following discovery issues, including issues regarding the discovery of electronically stored information,
anticipated (specify):
are
CM-11O[Rev. July
2011]
1,
CASE MANAGEMENT STATEMENT Page4of5
CM-110
PLAINTrFF/PETITIONERzELIZABETH ALICE SERRANO; et a1. CASE NUMBER?
18CECG03411
DEFENDANT/RESPONDENT: ESTATE OF MANUEL SANCHEZ; et al.
Econom ic
17‘
a. E litigation
This isa limited
civil case (i.e,, the amount demanded is $25,000 or
less)and the economic procedures
litigation inCode
b, E This is
Procedure sections 90—98 will apply to this case.
of Civil
a limited
discovery will
civil case and a motion to withdraw the case from the
economic litigation procedures or
for additional
be filed (if checked, explain specifically why economic litigation procedures relating to
discovery or trial
should not apply to this case):
18.
DOther issues
The party or parties request thatthe following additional matters be considered or determined
conference (specify):
atthe case management
19. Meet and confer
a. The party have met and conferred with
or parties allparties onallsubjects required by rule 3.724 ofthe California
Rules
0fCourt (/fnot,explain):
b. After meeting and conferring as required byrule3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number ofpages attached (I'fany):
lam 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 atthe
time of
the case management conference, including the written authority ofthe
party where required.
Date:
Z /\% ?\C‘ ‘
Adam B. Stirrup, N0. 257683
p
(TYPEOR PRINT NAME) V (SIGWURE 0F PARTY AR A?TQQE?
OR
(TYPE PRINT NAME)
E (SIGNATURE 0F PARTY 0R AWORNEY)
Additional signatures are attached.
CM-1 1O [Rev.
July201
1, 1]
CASE MANAGEMENT STATEMENT Pa9e50f5
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
Iam employed in the County 0f Fresno, State of California. I am over the age 0f 18 and not a
pafiy to the within action. My business address is 720 West Alluvial Avenue, Fresno, California 9371 1.
My email address is mls@bp1aw—inc.com.
On February 14, 2019, at 9:13 am, I served the foregoing document described as QAS_E
MANAGEMENT STATEMENT on all interested parties in this action, as listed below:
Joseph D. Cooper Anthony T. Case
COOPER & COOPER, LLP FARMER CASE & FEDOR
5756 N. Marks Ave., Suite 160 402 W. Broadway, Suite 1100
Fresno, CA 93711 San Diego, CA 92101
10 Fax: (559) 442—1659 Fax: (619) 338-0180
joe@coopllp.com tcase@farmercase.com
11 Attorneysfor Defendant Attorneysfor Defendant
ESTA TE OF MANUEL SANCHEZ, Defendant, JUAN DELAROSA
12 deceased CAMPOS
4,3 W {JiiBiYiMA’IL - Iiam’readfly’fami’liar’with’tll’e’firm‘s practice of collectlon and processinig’”
7W
documents for mailing. Under that practice, each envelope would be deposited with the
14 U.S. Postal Service on that same day With postage thereon fully prepaid at Fresno,
California, in the ordinary course of business. I am aware 0n motion 0f the party
served,
15 service is presumed invalid if postal cancellation date or postage meter date is
more than
one day after date 0f deposit for mailing in affidavit.
16
[XX] BY ELECTRONIC TRANSMISSION —
A PDF version of said document was served by
17 lylerhostnet Via electronic mail to the party(s) identified herein using the e-mail
address(es) indicated.
18
[] BY OVERNIGHT DELIVERY - I enclosed said document in an envelope or package
19 provided by an overnight delivery carrier with delivery fees paid. Iam readily familiar
with the firm’s practice 0f collection and processing packages for overnight delivery.
20 They are deposited with a facility regularly maintained by the overnight delivery carrier
for receipt 0n the same day in the ordinary course 0f business.
21
I declare under penalty ofperjury, under the laws 0fthe State of California, that
the above is true
22
and correct. Executed 0n Februaly 14, 2019, at Fresno, California.
23
F
24
25
1
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27
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PROOF OF SERVICE
FILE NO. 2159