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  • GARZA ET AL VS KNIGHT S PUMPING & PORTABLE SERVICES, INC., A CALIFORNIA CORPORATION ET AL23-CV Other PI/PD/WD - Civil Unlimited document preview
  • GARZA ET AL VS KNIGHT S PUMPING & PORTABLE SERVICES, INC., A CALIFORNIA CORPORATION ET AL23-CV Other PI/PD/WD - Civil Unlimited document preview
  • GARZA ET AL VS KNIGHT S PUMPING & PORTABLE SERVICES, INC., A CALIFORNIA CORPORATION ET AL23-CV Other PI/PD/WD - Civil Unlimited document preview
  • GARZA ET AL VS KNIGHT S PUMPING & PORTABLE SERVICES, INC., A CALIFORNIA CORPORATION ET AL23-CV Other PI/PD/WD - Civil Unlimited document preview
  • GARZA ET AL VS KNIGHT S PUMPING & PORTABLE SERVICES, INC., A CALIFORNIA CORPORATION ET AL23-CV Other PI/PD/WD - Civil Unlimited document preview
  • GARZA ET AL VS KNIGHT S PUMPING & PORTABLE SERVICES, INC., A CALIFORNIA CORPORATION ET AL23-CV Other PI/PD/WD - Civil Unlimited document preview
  • GARZA ET AL VS KNIGHT S PUMPING & PORTABLE SERVICES, INC., A CALIFORNIA CORPORATION ET AL23-CV Other PI/PD/WD - Civil Unlimited document preview
  • GARZA ET AL VS KNIGHT S PUMPING & PORTABLE SERVICES, INC., A CALIFORNIA CORPORATION ET AL23-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 Andrew J. Ulwelling 272400 WOLFE & WYMAN LLP 2212 Dupont Drive Irvine, CA 92612 TELEPHONE NO.: (949) 475-9200 FAX NO.(Optional): (949) 475-9203 E-MAIL ADDRESS: ajulwelling@ww.law ATTORNEY FOR (Name): Knight's Site Services, Inc. dba Knight SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern STREET ADDRESS: 1415 Truxtun Avenue MAILING ADDRESS: Bakersfield, CA 93301-4172 CITY AND ZIP CODE: BRANCH NAME:Bakersfield Court PLAINTIFF/PETITIONER: VERONICA AIDE GARZA, etc. DEFENDANT/RESPONDENT: KNIGHT'S PUMPING & PORTABLE SERVICES, INC., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one):  X UNLIMITED CASE  LIMITED CASE BCV-23-100425 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 9, 2023 Time: 8:30 a.m. Dept.: H Div.: Room: Address of court (if different from the address above):  X Notice of Intent to Appear by Telephone, by (name): Andrew J. Ulwelling INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a.  X This statement is submitted by party (name): Knight's Site Services & Adrian Lopez 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): 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 the date by which they may be served): 4. Description of case a. Type of case in  X complaint  cross-complaint (Describe, including causes of action): Low speed rear end traffic collision. Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California CM-110 [Rev. September 1, 2021] •cEBI Essential ceb.com 0Forms· rules 3.720–3.730 www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: VERONICA AIDE GARZA, etc. CASE NUMBER: BCV-23-100425 KNIGHT'S PUMPING & PORTABLE DEFENDANT/RESPONDENT: SERVICES, INC., et al. 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.)  (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 trial): 6. Trial 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): 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.  X days (specify number): 5-7 days b.  hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial X 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 of 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] CASE MANAGEMENT STATEMENT Page 2 of 5 •cEBI Essential ceb.com IDForms· CM-110 PLAINTIFF/PETITIONER: VERONICA AIDE GARZA, etc. CASE NUMBER: BCV-23-100425 KNIGHT'S PUMPING & PORTABLE DEFENDANT/RESPONDENT: SERVICES, INC., et al. 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 (1) Mediation  X  Mediation session scheduled for (date):  Agreed to complete mediation by (date):  Mediation completed on (date):  X Settlement conference not yet scheduled (2) Settlement  X  Settlement conference scheduled for (date): conference  Agreed to complete settlement conference by (date):  Settlement conference completed on (date):  Neutral evaluation not yet scheduled (3) Neutral evaluation   Neutral evaluation scheduled for (date):  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 (6) Other (specify):   ADR session scheduled for (date):  Agreed to complete ADR session by (date):  ADR completed on (date): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 •cEBI E-nt1a1 ceb.com l3Forms· CM-110 PLAINTIFF/PETITIONER: VERONICA AIDE GARZA, etc. CASE NUMBER: BCV-23-100425 KNIGHT'S PUMPING & PORTABLE DEFENDANT/RESPONDENT: SERVICES, INC., et al. 11. Insurance a.  X Insurance carrier, if any, for party filing this statement (name): 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.  There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:  Additional cases are described in Attachment 13a. b.  A motion to  consolidate  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 all anticipated discovery): Party Description Date Defendants Medical exams of plaintiffs within 90 days Obtain plaintiffs med records within 120 days Deposition of non-expert witnesses within 120 days Expert discovery 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] CASE MANAGEMENT STATEMENT Page 4 of 5 •cEBI Essential ceb.com IDForms· CM-110 PLAINTIFF/PETITIONER: VERONICA AIDE GARZA, etc. CASE NUMBER: BCV-23-100425 KNIGHT'S PUMPING & PORTABLE DEFENDANT/RESPONDENT: SERVICES, INC., et al. 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. X 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): 0 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: July 17, 2023 Andrew J. Ulwelling (TYPE OR PRINT NAME) ►-~ -r=- - - - J-t~ Wf--(SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) ► -------------- (SIGNATURE OF PARTY OR ATTORNEY)  Additional signatures are attached. CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 •cEB"I Essential ceb.com 0 Forms· 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA ) ) ss. 3 COUNTY OF ORANGE ) 4 I, Pamela Schuld, declare: 5 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business and e-mail addresses are as follows: 2212 Dupont Drive, Irvine, California 92612-1525; psschuld@ww.law. 6 On July 17, 2023, I served the document(s) described as: 7 • DEFENDANTS’ CASE MANAGEMENT STATEMENT 8 on all interested parties as follows: 9  BY MAIL as stated on the ATTACHED SERVICE LIST as follows: 10  STATE - I am “readily familiar” with Wolfe & Wyman LLP’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same WOLFE &WYMAN LLP LAW 11 day with postage thereon fully prepaid at Irvine, California, in the ordinary course of business. I am aware that AT on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more 12 than one (1) day after date of deposit for mailing in affidavit. & COUNSELORS 13  BY ELECTRONIC MAIL SERVICE as follows: I caused the following party(s) to be served the above listed document(s) by electronic mail service at the following email addresses to the party(ies) noted on the attached 14 Service List:  BY PERSONAL SERVICE as follows: I caused a copy of such document(s) to be delivered by hand to the ATTORNEYS 15 offices of the addressee between the hours of 9:00 A.M. and 5:00 P.M. 16  BY OVERNIGHT COURIER SERVICE as follows: I caused such envelope to be delivered by overnight courier service to the offices of the addressee. The envelope was deposited in or with a facility regularly e 17 maintained by the overnight courier service with delivery fees paid or provided for.  BY FACSIMILE as follows: I caused such documents to be transmitted to the telephone number of the 18 addressee listed on the attached service list, by use of facsimile machine telephone number. The facsimile machine used complied with California Rules of Court, Rule 2004 and no error was reported by the machine. 19 Pursuant to California Rules of Court, Rule 2006(d), a transmission record of the transmission was printed. 20  STATE I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 21 Executed on July 17, 2023, at Irvine, California. r ~ 22 Pamela Schuld 23 24 25 26 27 28 4497824.1 1 SERVICE LIST Kern County Superior Court BCV-23-100425 2 VERONICA AIDE GARZA, et al. v. KNIGHT'S PUMPING & PORTABLE SERVICES, INC.; et al. 3 W&W File No. 1517-063 [Revised: February 27, 2023] 4 5 Joshua E. Yagoubzadeh, Esq. Attorneys for Plaintiffs VERONICA AIDE 6 Sean O’Doherty, Esq. GARZA and JOSE ARMANDO SANCHEZ Hali Aziz, Esq. BRAVO 7 YAGOUBZADEH LAW FIRM LLP 275 South Robertson Boulevard Tel: (310) 400-5915 8 Beverly Hills, CA 90211 Fax: (310) 935-4324 9 service@yaglaw.com sean@yaglaw.com 10 hali@yaglaw.com WOLFE &WYMAN LLP LAW 11 AT 12 & COUNSELORS 13 14 ATTORNEYS 15 16 e 17 18 19 20 21 22 23 24 25 26 27 28 4497824.1