Party Statement: Louis Montano, Jr., et al. vs Ngochao Nguyen, et al.

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                                CM-110
  ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):                                    FOR COURT USE ONLY

  William R. Price (SBN 171531) D.Scott Dodd (SBN 170500)
  Law Offices of William R. Price
  12636 High Bluff Drive, suite 400
  San Diego, CA 92130
      TELEPHONE NO.: (858)888-0588 FAX NO.(Optional):
           E-MAIL ADDRESS:    wprice@williamrprice.com;sdodd@williamrprice.com
     ATTORNEY FOR (Name):     Defendant/Cross-Complainant City of Salinas
  SUPERIOR COURT OF CALIFORNIA, COUNTY OF                       Monterey
   STREET ADDRESS:        1200 Aguajito Road
   MAILING ADDRESS:

                   Monterey, CA 93940
  CITY AND ZIP CODE:
       BRANCH NAME:Monterey Courthouse
       PLAINTIFF/PETITIONER: Louis Montano, et al.


   DEFENDANT/RESPONDENT:              City of Salinas, et al.

                              CASE MANAGEMENT STATEMENT                                      CASE NUMBER:
  (Check one):           

                         X UNLIMITED CASE          
 LIMITED CASE                            21CV003635
                         (Amount demanded              (Amount demanded is $25,000
                         exceeds $25,000)              or less)
  A CASE MANAGEMENT CONFERENCE is scheduled as follows:
  Date: August 29,2023                       Time: 10:00 a.m. Dept.: 14                        Div.:                   Room:
  Address of court (if different from the address above):



  

  X        Notice of Intent to Appear by Telephone, by (name): William R. Price and/or D. Scott Dodd
                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): City                  of Salinas
    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. 

       X The cross-complaint, if any, was filed on (date): City of Salinas' Cross-Complaint
 3. Service (to be answered by plaintiffs and cross-complainants only) filed on 01/03/2023
    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):   auto 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. September 1, 2021]                                                                                                     www.courts.ca.gov
                                                                                                                                           CM-110
           PLAINTIFF/PETITIONER:   Louis Montano, et al.                                        CASE NUMBER:

                                                                                                21CV003635
 DEFENDANT/RESPONDENT:             City of Salinas, 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.)
             Plaintiffs were injured in a motor vehicle accident during a police
             chase. Defendant City of Salinas is immune from liability pursuant VC
             17004.7, GS 818.2, GC 818.4, and GC 818.6. Defendant City of Salinas
             seeks its attorneys fees and costs pursuant to CCP 1038
     
 (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):
             08/07/2023-08/14/2023 (Trial); 08/12/2024-09/06/2024 (2 Trials)


 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 
     X 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
                                                                                                                                         CM-110
         PLAINTIFF/PETITIONER:      Louis Montano, et al.                                      CASE NUMBER:

                                                                                               21CV003635
 DEFENDANT/RESPONDENT:              City of Salinas, 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                                  
                    
 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
                                                                                                                                   CM-110
           PLAINTIFF/PETITIONER: Louis      Montano, et al.                                 CASE NUMBER:
                                                                                            21CV003635
 DEFENDANT/RESPONDENT:             City of Salinas, et al.

11. Insurance
    a. 
 Insurance carrier, if any, for party filing this statement (name):
    b. Reservation of rights:   
 Yes 
 No
    c. 
 X Coverage issues will significantly affect resolution of this case (explain):
                   City of Salinas is permissibly self-insured pursuant to Gov.Code
                   section 990 for amounts at issue in this matter.

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. 
 X 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
    

    X 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
      City of Salinas                            Expert discovery                                                       per code
      City of Salinas                            Fact 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
                                                                                                                                      CM-110
         PLAINTIFF/PETITIONER:          Louis Montano, et al.                               CASE NUMBER:

                                                                                            21CV003635
 DEFENDANT/RESPONDENT:                  City of Salinas, 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):
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:   08/14/2023

D.SCOTT DODD
                                  (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]                          CASE MANAGEMENT STATEMENT                                                     Page 5 of 5