Preview
20CV369798
Santa Clara — Civil
SMefhidystem
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Amy Carlson, Esq., (SBN: 213294)
Carbone, Smith & Koyama Electronically Filed
1735 Technology Drive, Suite 500 by Superior Court of CA,
San Jose, CA 95110-1390 County of Santa Clara,
TELEPHONE No. (408) 392-8654 FAX NO. (Optional) on 1/5/2021 10:48 AM
lE-MAIL ADDRESS (Optional): Reviewed By: System System
[ATTORNEY FOR (Name): Defendants Kyoji Ishikawa and Mai Ishikawa Case #20CV369798
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Envelope: 5574786
streer aooRess: 191 N. First Street
MAILING ADDRESS:
city ano zip cove: San Jose, CA 95113
BRANCH NAME: Unlimited Civil Jurisdiction
PLAINTIFF/PETITIONER: Sasha Warrick
DEFENDANT/RESPONDENT: Kyoji Ishikawa; Mai Ishikawa; and Does 1 to 1
CASE MANAGEMENT STATEMENT CASE NUMBER:
20CV369798
(Check one): ® UNLIMITED CASE Cui ITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 2, 2021 Time: 10:00 a.m. Dept.: 7 Div.: Room:
Address of court (if different from the address above):
KI Notice of Intent to Appear by Telephone, by (name): Amy Carlson
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a KX] This statement is submitted by party (name): Defendants, Kyoji Ishikawa and Mai Ishikawa
b. (This statement is submitted jointly by parties (names):
Complaint and cross-complaint (fo 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):
Service (to be answered by plaintiffs and cross-complainants only)
a O al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. (1 The following parties named in the complaint or cross-complaint
(1) (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. fe) The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Description of case
a Type of case in EX] complaint oO cross-complaint (Describe, including causes of action):
Personal Injury - Automobile Accident
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court
Judicial Council of California rules 3.720-3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Sasha Warrick
20CV369798
DEFENDANT/RESPONDENT: Kyoji Ishikawa; Mai Ishikawa; and Does 1 to 1
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.)
Personal injury automobile accident for damages sought. Please refer to plaintiff's statement.
oO (If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request Ed a jury trial DO anonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. oO The trial has been set for (date):
b. EJ 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):
3/5/21; 3/26/21; 6/14/21; 7/19/21; 3/14/22
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. w days (specify number): 4-5 days
by El hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial 1 by the attorney or party listed in the caption O by the following:
Attorney:
Firm:
Address:
Telephone number: it Fax number:
E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
Preference
Oo 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 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has Chas 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 7 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.
@O 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 O 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):
Page 2 of 5
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Sasha Warrick (CASE NUMBER:
[ 20CV369798
DEFENDANT/RESPONDENT: Kyoji Ishikawa; Mai Ishikawa; and Does 1 to 1
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):
oO Mediation session not yet scheduled
fey Mediation session scheduled for (date):
(1) Mediation
Oo Agreed to complete mediation by (date):
Oo Mediation completed on (date):
Oo Settlement conference not yet scheduled
(2) Settlement fe) Settlement conference scheduled for (date):
conference
oO Agreed to complete settlement conference by (date):
Oo Settlement conference completed on (date):
oO Neutral evaluation not yet scheduled
Oo Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
oO Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial oO Judicial arbitration scheduled for (date):
arbitration
fe) Agreed to complete judicial arbitration by (date):
Oo Judicial arbitration completed on (date):
fe) Private arbitration not yet scheduled
(5) Binding private oO Private arbitration scheduled for (date):
arbitration
fe) Agreed to complete private arbitration by (date):
Oo Private arbitration completed on (date):
fe) ADR session not yet scheduled
(6) Other (specify): fey ADR session scheduled for (date):
Oo Agreed to complete ADR by (date):
oO ADR completed on (date):
Page 3 of 5
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT
CM-110
Es PLAINTIFF/PETITIONER: Sasha Warrick CASE NUMBER;
20CV369798
IEFENDANT/RESPONDENT: Kyoji Ishikawa; Mai Ishikawa; and Does 1 to 1
11. Insurance
a & Insurance carrier, if any, for party filing this statement (name): CSAA Insurance Exchange
b. Reservation of rights: OO Yes KI No
c. L]_ 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.
1 Bankruptcy []_ Other (specify):
Status:
13, Related cases, consolidation, and coordination
a. (1 There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
C1 Additional cases are described in Attachment 13a.
b. 1 Amotion to Oo consolidate Oo coordinate will be filed by (name party):
14. Bifurcation
1 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
[Cs The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. CD The party or parties have completed all discovery.
b BX The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Interrogatories & Document Production
Defendant Deposition of Plaintiff
Defendant Final Subpoenas of Records Within 60 days
Defendant Possible IME of Plaintiff After ADR
c. & The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Discovery to remain open 30 days prior to trial.
Page 4 of 5
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Sasha Warrick CASE NUMBER:
20CV369798
|DEFENDANT/RESPONDENT: Kyoji Ishikawa; Mai Ishikawa; and Does 1 to 1
17. Economic litigation
a O 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. (1 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
[1 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 BI 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):
| 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: January 5, 2021
Amy Carlson Is/
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
CL Additional signatures are attached.
Page 5 of 5
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT
Warrick v. Ishikawa
Santa Clara County Superior Court
Case No. 20CV369798
PROOF OF SERVICE BY ELECTRONIC MAIL (E-MAIL) ONLY
I, Kerry R. Bustamante, am employed by the office of Carbone, Smith & Koyama at
1735 Technology Drive, Suite 500, San Jose, CA 95110-1390. I am over the age of 18 years
and am not a party to this action.
My electronic service address is: Kerry. Bustamante@csaa.com.
I electronically served today the following document(s): CASE MANAGEMENT
10 CONFERENCE STATEMENT to the following address(es):
11 Clifford N. Ba: , Esq.
Attorney for Plaintiff
12 law@barryandkrueger.com
13
SERVICE BY ELECTRONIC TRANSMISSION ONLY: Service has been performed by e-mailing the
14 document(s) to the persons at the e-mail addresses listed based above, as previously notified that, during the
Coronavirus (Covid-19) pandemic, this office will be working remotely, not able to send physical mail as
15 usual, and is therefore using only electronic mail. No electronic message or other indication that the
transmission was unsuccessful was received within a reasonable time after the transmission.
16
No objection having been received to using electronic mail ONLY for service of documents was/were received
17 from this/these addressee(s).
18
I declare under penalty of perjury under the laws of the State of California that the
19
foregoing is true and correct.
20
Dated: January 5, 2021
21
Reuy, Bustamante
22 K@ry R. Bustamante
23
24
25
26
27
28
PROOF OF SERVICE
Preview
20CV369798 Santa Clara — Civil SMefhidystem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Amy Carlson, Esq., (SBN: 213294) Carbone, Smith & Koyama Electronically Filed 1735 Technology Drive, Suite 500 by Superior Court of CA, San Jose, CA 95110-1390 County of Santa Clara, TELEPHONE No. (408) 392-8654 FAX NO. (Optional) on 1/5/2021 10:48 AM lE-MAIL ADDRESS (Optional): Reviewed By: System System [ATTORNEY FOR (Name): Defendants Kyoji Ishikawa and Mai Ishikawa Case #20CV369798 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Envelope: 5574786 streer aooRess: 191 N. First Street MAILING ADDRESS: city ano zip cove: San Jose, CA 95113 BRANCH NAME: Unlimited Civil Jurisdiction PLAINTIFF/PETITIONER: Sasha Warrick DEFENDANT/RESPONDENT: Kyoji Ishikawa; Mai Ishikawa; and Does 1 to 1 CASE MANAGEMENT STATEMENT CASE NUMBER: 20CV369798 (Check one): ® UNLIMITED CASE Cui ITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 2, 2021 Time: 10:00 a.m. Dept.: 7 Div.: Room: Address of court (if different from the address above): KI Notice of Intent to Appear by Telephone, by (name): Amy Carlson INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a KX] This statement is submitted by party (name): Defendants, Kyoji Ishikawa and Mai Ishikawa b. (This statement is submitted jointly by parties (names): Complaint and cross-complaint (fo 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): Service (to be answered by plaintiffs and cross-complainants only) a O al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. (1 The following parties named in the complaint or cross-complaint (1) (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. fe) The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Description of case a Type of case in EX] complaint oO cross-complaint (Describe, including causes of action): Personal Injury - Automobile Accident Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court Judicial Council of California rules 3.720-3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Sasha Warrick 20CV369798 DEFENDANT/RESPONDENT: Kyoji Ishikawa; Mai Ishikawa; and Does 1 to 1 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.) Personal injury automobile accident for damages sought. Please refer to plaintiff's statement. oO (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request Ed a jury trial DO anonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. oO The trial has been set for (date): b. EJ 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): 3/5/21; 3/26/21; 6/14/21; 7/19/21; 3/14/22 Estimated length of trial The party or parties estimate that the trial will take (check one): a. w days (specify number): 4-5 days by El hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial 1 by the attorney or party listed in the caption O by the following: Attorney: Firm: Address: Telephone number: it Fax number: E-mail address: g. Party represented: Additional representation is described in Attachment 8. Preference Oo 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has Chas 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 7 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. @O 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 O 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): Page 2 of 5 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Sasha Warrick (CASE NUMBER: [ 20CV369798 DEFENDANT/RESPONDENT: Kyoji Ishikawa; Mai Ishikawa; and Does 1 to 1 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): oO Mediation session not yet scheduled fey Mediation session scheduled for (date): (1) Mediation Oo Agreed to complete mediation by (date): Oo Mediation completed on (date): Oo Settlement conference not yet scheduled (2) Settlement fe) Settlement conference scheduled for (date): conference oO Agreed to complete settlement conference by (date): Oo Settlement conference completed on (date): oO Neutral evaluation not yet scheduled Oo Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): oO Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial oO Judicial arbitration scheduled for (date): arbitration fe) Agreed to complete judicial arbitration by (date): Oo Judicial arbitration completed on (date): fe) Private arbitration not yet scheduled (5) Binding private oO Private arbitration scheduled for (date): arbitration fe) Agreed to complete private arbitration by (date): Oo Private arbitration completed on (date): fe) ADR session not yet scheduled (6) Other (specify): fey ADR session scheduled for (date): Oo Agreed to complete ADR by (date): oO ADR completed on (date): Page 3 of 5 (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT CM-110 Es PLAINTIFF/PETITIONER: Sasha Warrick CASE NUMBER; 20CV369798 IEFENDANT/RESPONDENT: Kyoji Ishikawa; Mai Ishikawa; and Does 1 to 1 11. Insurance a & Insurance carrier, if any, for party filing this statement (name): CSAA Insurance Exchange b. Reservation of rights: OO Yes KI No c. L]_ 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. 1 Bankruptcy []_ Other (specify): Status: 13, Related cases, consolidation, and coordination a. (1 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: C1 Additional cases are described in Attachment 13a. b. 1 Amotion to Oo consolidate Oo coordinate will be filed by (name party): 14. Bifurcation 1 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 [Cs The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. CD The party or parties have completed all discovery. b BX The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Interrogatories & Document Production Defendant Deposition of Plaintiff Defendant Final Subpoenas of Records Within 60 days Defendant Possible IME of Plaintiff After ADR c. & The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Discovery to remain open 30 days prior to trial. Page 4 of 5 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Sasha Warrick CASE NUMBER: 20CV369798 |DEFENDANT/RESPONDENT: Kyoji Ishikawa; Mai Ishikawa; and Does 1 to 1 17. Economic litigation a O 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. (1 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 [1 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 BI 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): | 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: January 5, 2021 Amy Carlson Is/ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) CL Additional signatures are attached. Page 5 of 5 (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Warrick v. Ishikawa Santa Clara County Superior Court Case No. 20CV369798 PROOF OF SERVICE BY ELECTRONIC MAIL (E-MAIL) ONLY I, Kerry R. Bustamante, am employed by the office of Carbone, Smith & Koyama at 1735 Technology Drive, Suite 500, San Jose, CA 95110-1390. I am over the age of 18 years and am not a party to this action. My electronic service address is: Kerry. Bustamante@csaa.com. I electronically served today the following document(s): CASE MANAGEMENT 10 CONFERENCE STATEMENT to the following address(es): 11 Clifford N. Ba: , Esq. Attorney for Plaintiff 12 law@barryandkrueger.com 13 SERVICE BY ELECTRONIC TRANSMISSION ONLY: Service has been performed by e-mailing the 14 document(s) to the persons at the e-mail addresses listed based above, as previously notified that, during the Coronavirus (Covid-19) pandemic, this office will be working remotely, not able to send physical mail as 15 usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 16 No objection having been received to using electronic mail ONLY for service of documents was/were received 17 from this/these addressee(s). 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. 20 Dated: January 5, 2021 21 Reuy, Bustamante 22 K@ry R. Bustamante 23 24 25 26 27 28 PROOF OF SERVICE