Preview
CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Hali Aziz, Esq., SBN: 337609
Yagoubzadeh Law Firm
275 S. Robertson Blvd., Beverly Hills, CA 90211
TELEPHONE NO: 310.400.5915 FAX NO. (Optional): 310.935.4324
E-MAIL ADDRESS (Optiona)): litigation@ yaglaw.com
ATTORNEY FOR (Name): Plaintiffs, Garza, et al
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
sTREET ADDRESS: 1215 Truxtun Ave.
MAILING ADDRESS: 1215 Truxtun Ave.
CITY AND zIP CODE: Bakersfield, CA 93301
BRANCH NAME: Mletropolitan Division
PLAINTIFF/PETITIONER: Garza, et al
DEFENDANT/RESPONDENT: Knight's Pumping & Portable Services, Inc., et al
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one). UNLIMITED CASE [3 wimitep 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: 08/09/2023 Time: 8:30 AM Dept.: H Div. Room
Address of court (if different from the address above).
LZ] Notice of Intent to Appear by Telephone, by (name): Hali Aziz, Esq
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one).
This statement is submitted by party (name): Plaintiffs, Garza, et al
b. [1 This statement is submitted jointly by parties (names)
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 02/09/2023
b. [] The cross complaint, if any, was filed on (date).
Service (to be answered by plaintiffs and cross-complainants only)
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b CJ The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not)
(2) [1 have been served but have not appeared and have not been dismissed (specify names).
(3) [1 have had a default entered against them (specify names).
c., Co] 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 complaint [1 cross. complaint (Describe, including causes of action).
(1) Negligence (2) Negligence Per Se (3) Statutory Liability
Page 1of 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] wuw.courts.ca. gov
CM-110
PLAINTIFF/PETITIONER: Garza, et al
CASE NUMBER,
BCV-23-100425
DEFENDANT/RESPONDENT: Knight's Pumping & Portable Services, Inc., et al
4. b. Provide a brief statement of the case, including any damages. (/f 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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Defendant's vehicle collided into Plaintiffs vehicle causing Plaintiff to suffer general and special damages
CI (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 a jury trial Coa nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial).
Trial date
a [J 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).
Estimated length of trial
The party or parties estimate that the trial will take (check one).
a [7] days (specify number): 5-7
b. [1] hours (short causes) (specify)
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 [1 by the following
a Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
E-mail address: g Party represented:
ro Additional representation is described in Attachment 8.
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 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel [7] 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) CO
d
This matter is subj ject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under ‘ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
2) 4] 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 Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
(CM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 20f5
CM-110
PLAINTIFF/PETITIONER: Garza, et al. [CASE NUMBER:
BCV-23-100425
DEFENDANT/RESPONDENT: Knight's Pumping & Portable 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
Mediation session scheduled for (date):
(1) Mediation wm
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. July 1, 2014] Page 3of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
L
PLAINTIFF/PETITIONER: Garza, et al.
BCV-23-100425
DEFENDANT/RESPONDENT: Knight's Pumping & Portable Services, Inc., et al.
11. Insurance
a [1 Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [) Yes [5 no
c. C4) 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 [] 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. [_] Amotion to [5 consolidate [1 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
[1 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.
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
Plaintiff Expert Discovery Per Code
c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER: Garza, et al. CASE NUMBER,
| BCV-23-100425
DEFENDANT/RESPONDENT: Knight's Pumping & Portable 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
[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
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: 07/21/2023
Hali Aziz, Esq.
(TYPE OR PRINT NAME)
» Holi
(SIGNATURE OF PARTY Vr
(TYPE OR PRINT NAME)
» (SIGNATURE OF PARTY OR ATTORNEY)
[J Additional signatures are attached
(CM-110 [Rev, July 4, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5
P ROOF OF SERVICE
1013A(3) CCP Revised 5/1/88
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action; my business address is: 275 S. Robertson Blvd., Beverly Hills,
CA 90211.
On July 21, 2023, I served the foregoing document, described as PLAINTIFF’S CASE
MANAGEMENT STATEMENT, on the interested parties by placing a true copy thereof
enclosed in a sealed envelope addressed as follows:
Please see attached service list.
BY MAIL: I deposited such envelope in the mail at Los Angeles, California. The envelope
10 was mailed with postage thereon fully prepaid. I am readily familiar with the firm’s practice
of collection and processing correspondence for mailing. Under that practice it would be
11 deposited with U. S. postal service on that same day with postage thereon fully prepaid at
12 Los Angeles, California in the ordinary course of business. I am aware that on motion of
the party served, service is presumed invalid if postal cancellation date or postage meter
13 date is more than one day after date of deposit for mailing in affidavit.
Es 14
BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the offices
15 of the addressee(s) listed on the service list on the date above.
16
Ns BY FACSIMILE: I served such document(s) by fax to the fax number provided by each
17 of the parties in this litigation at Los Angeles, California. I received a confirmation sheet
indicating said fax was transmitted completely.
18
19 Xx BY EMAIL: I served such document(s) by email to the email address provided by each of
the parties in litigation at Los Angeles, California.
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21 Executed on July 21, 2023, at Los Angeles, California.
22 X___ (State) I declare under penalty of perjury under the laws of the State of California that the
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above is true and correct.
24
Onsen Gouhigze.
25
Jason Bautista
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YAGOUBZADEH LAW FIRM
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PROOF OF SERVICE
Service List
Andrew J. Ulwelling, Esq. Attorney for Defendants, KNIGHT’S SITE
WOLFE & WYMAN LLP SERVICES, INC. dba KNIGHT’S
2212 Dupont Drive PUMPING & PORTABLE SERVICES,
Irvine, California 92612-1525 INC., (erroneously named and served as
Email: ajulwelling@ww.law Knight’s Pumping & Portable Services, Inc.)
Email: psschuld@ww.law and ADRIAN LOPEZ
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PROOF OF SERVICE