No Value: Louis Montano, Jr., et al. vs Ngochao Nguyen, et al.

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                                CII-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
 Rodney Mayr ESQ SBN 310165                                                                                         FOR COURT USE ONLY
 Mayr Law Firm PC
 1010 West Taylor Street
 San Jose Ca 95126

             TELEPH0NE No.:   408-331-7606                FAX NO. (Oplional): 669-266-5612
            E-MAiL ADDREss:   Rodney@mayrlawfirm.corn
     ATTQRNEY FQR (Name):     Defendants Austin Alarcon and Rosaura Paniagua
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
 sTREE~ADDREss:         1200 Aguajitp Road
 MAILING ADDREss:       1200 Aguajito Road
clTY AND zIP coDE:      Monterey, CA 93940
     BRANDH NAME:       Monterey Courthouse
          PLAINTIFF/PETITIONER: Louis Montano Jr. et al
  DEFENDANTIRESPONDENT: City of Salinas, et ai

                                  CASE MANAGEMENT STATEMENT
(Check one):            ~x        UNLIMITED CASE
                              (Amount demanded
                                                           ~       LIMITED CASE
                                                                   (Amount demanded is $25,000
                                                                                                     CASE NUMBER:
                                                                                                     21CV003635

                              exceeds $ 25,000)                    or less)
A CASE MANAGEMENT CONFERENCE is                       scheduled as follows:
Date: August 29, 2023                           Time: 10:00 AM              Dept.: 14        Div.:                        Room:
Address of court (if different from the address above):

~x    Notice of Intent to Appear by Telephone, by (name): Rodney Mayr ESQ
          INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

   a.      ~
   Party or parties (answer one):
            This statement is submitted by party (name):
   b. ~x This statement is submitted jointly by parties (names): Austin Alarcon and Rosaura Paniagua only on 21CV003635
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):

   a.
   b.
           ~
3. 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.
            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 ofinvolvementin case, and 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):
        1. Negligence; 2. Premises Liability; and 3. Statutory Government Entity Liability



                                                                                                                                                 Patte   1   of 5
Form Adopted for Mandatory Use
Judicial Council of California                        CASE MANAGEMENT STATEIIENT                                                         Cal, Rules of Court,
                                                                                                                                          rules 3.720-3.730
CM-110 [Rev. September 1, 2021]
                                                                                                                                         www.courts.ca.gov
                                                                                                                                             CM-110
      PLAINTIFF/PETITIONER:           Louis Montano Jr. et al                                              CASE NUMBER:

 DEFENDANT/RESPONDENT: City of Salinas, et al                                                              21CV003635

4. b. Provide a brief statement of the case, including any damages. (If personalinjury damages are sought, specify theinjury and
      damages claimed, including medical expenses to date Iindicate source and amount), estimated future medical expenses, lost
      earnings to date, and estimated future lost earnings. If equitable reliefis 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
     requesting ajury trial):
                                                                ~
                                                            a nonjury trial. (If more than one party, provide the name of each party


6. Trial    date
     a.   ~x The trial has been set for (date): Vacated
     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 unavailabi%ty):
        Trial dates 10/30/23 to 11/8/23
        Legal Conferences: 11/9/23 to 11/20/23
7.   Estimated length of trial
     The party or parties estimate that the trial will take (check one):


          ~
     a. ~x days (specify number): 15 to 20 days
              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
     a. Attorney:
                                                                                                      in   the caption    ~   by the following:

     b. Firm:
     c. Address:
     d. Telephone number:                                                            f.   Fax number:


     ~
     e. E-mail address:


9. Preference
             Additional representation is described in Attachment 8.
                                                                                     g. Party represented



     ~       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

       (2) Forself-represented parties: Party           ~ ~
           in rule 3.221 to the client and reviewed ADK options with the client.
                                                       has          has not reviewedtheADR informationpackageidentifiedinrule3.221.

        (1)      ~
     b. Referral to judicial arbitration or civil action mediation (if available).
                  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

           (2)   ~       statutory limit.
                         Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of

           (3)   ~       Civil Procedure section 1141.11.
                         This Cage ig exempt frofn judicial arbitration under rule 8.811 of the California Ruleg of Court or from civil action
                         mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):

 CM-1 10 [Rev.   September 1, 2021]                                                                                                               Page 2 of 5
                                                          CASE MANAGEIIENT STATEIIENT
                                                                                                                                       CM-110
       PLAINTIFF/PETITIONER:          Louis Montano Jr. et al                                      CASE NUMBER:

DEFENDANT/RESPONDENT: City of Salinas, et al                                                       21CV003635

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):


      (1) Mediation
                                                                     ~
                                                                     ~x

                                                                     ~
                                                                           Mediation session not yet scheduled
                                                                           Mediation session scheduled for (date):


                                                                     ~     Agreed to complete mediation by (date):
                                                                           Mediation completed on (date):

                                                                     ~x
      (2) Settlement
           conference
                                                                     ~
                                                                     ~
                                                                           Settlement conference not yet scheduled
                                                                           Settlement conference scheduled for (date):
                                                                           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
                                                                           Judicial arbitration scheduled for (date):
     (4) Nonbinding judicial
          arbitration
                                                                     ~
                                                                     ~     Agreed to complete judicial arbitration by (date):
                                                                           Judicial arbitration completed on (date):

                                                                     ~
                                                                     ~     Private arbitration not yet scheduled
      (5) Binding private
           arbitration
                                                                     ~
                                                                     ~
                                                                           Private arbitration scheduled for (date):
                                                                           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 IRev. September 1, 2021 I                                                                                                         Page3of5
                                                         CASE IIANAGEMENT STATEMENT
                                                                                                                                                 CM-110
          PLAINTIFF/PETITIONER:        Louis Montano Jr. et al                                                 CASE NUMBER:

 DEFENDANT/RESPONDENT: City of Salinas, et al                                                                  21CV003635

11.   Insurance
      a    ~      Insurance carrier,
            Reservation of rights:      ~ ~
                                         if   any, for party filing this statement (riame):
                                                 Yes
           ~
      b.                                                         No
      c.          Coverage issues will significantly affect resolution of this case (explain):



12. Jurisdiction


      ~     Bankruptcy
      Status:
                              ~
      Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
                                Other (specify):



       ~
13. Related
      a.
                 cases, consolidation, and coordination
                  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.
      b.
            ~
            ~x
                  The party or parties have completed all discovery.
                  The following discovery will be completed by the date specified (describe all anticipated discovery):
                                                               ~Descri   ion                                                              Date
      Defendants                                               Written Discovery                                                 December 2023
      Defendants                                               Depositions                                                       December 2023
      Defendants                                               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, 2021l                                                                                                                   Patte 4 of 5
                                                             CASE MANAGEMENT STATEMENT
                                                                                                                                         CM-1 10
       PLAINTIFF/PETITIONER:         Louis Montano Jr. et al                                         CASE NUMBER:

DEFENDANT/RESPONDENT: City of Salinas, et al                                                         21CV003635

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 tn'al
                 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.   Iieet 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
                 (specify):
                                                   as required by rule 3.724 of the California Rules of Court, the parties agree on the following




20. Total number of pages attached (if any):
Iam 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: August 14, 2023

Rodney Mayr ESQ                                                                                   /v
                            (TYPE OR PRINT NAME)                                                     (SIGNA   E OF PARTY OR ATTORNEY)




                            (TYPE OR PRINT NAME)                                                     (SIGNATURE OF PARTY OR ATTORNEY)


                                                                                   ~     Additional signatures are attached.




CM-110 [Rev. September 1, 2021]                                                                                                            Page 5 of 5
                                                      CASE MANAGEMENT STATEMENT