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  • Rogelio Julian vs John L Bunce et alUnlimited Other PI/PD/WD (23) document preview
  • Rogelio Julian vs John L Bunce et alUnlimited Other PI/PD/WD (23) document preview
  • Rogelio Julian vs John L Bunce et alUnlimited Other PI/PD/WD (23) document preview
  • Rogelio Julian vs John L Bunce et alUnlimited Other PI/PD/WD (23) document preview
  • Rogelio Julian vs John L Bunce et alUnlimited Other PI/PD/WD (23) document preview
  • Rogelio Julian vs John L Bunce et alUnlimited Other PI/PD/WD (23) document preview
  • Rogelio Julian vs John L Bunce et alUnlimited Other PI/PD/WD (23) document preview
  • Rogelio Julian vs John L Bunce et alUnlimited Other PI/PD/WD (23) document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY NordstrandBlack PC Renee J. Nordstrand, SBN 139412, Matthew M. Morrison, SBN 280825 33 West Mission Street, Ste. 206, Santa Barbara, CA 93101 TELEPHONE NO.: (805)962-2022 FAX NO. (OpUon,I): (805)962-5001 info@nblaw.us; mm@nblaw.us E-MAIL ADDRESS (Optional): ATTORNEYFOR(Name): Rogelio Julian SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Barbara STREET ADDRESS: 1100 Anacapa Street MAILING ADDRESS: c1TYANDzIecoDE: Santa Barbara, CA 93101 BRANCH NAME: Anacapa Division PLAINTIFFJPETITIONER: Rogelio Julian DEFENDANT/RESPONDENT: John L. Bunce, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [ZJ UNLIMITED CASE D LIMITED CASE 22CV04181 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 20, 2023 Time: 8:30 a.m. Dept.: 3 Div.: Room: Address of court (if different from the address above): [ZJ Notice of Intent to Appear by Telephone, by (name): Matthew Morrison; Zoom conferencing INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. W This statement is submitted by party (name): Plaintiff b. D 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): 10/24/2022 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [ZJ The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) W have been served but have not appeared and have not been dismissed (specify names): John Bunce and Elizabeth Bunce: served by publication as of June 8, 2023. (3) W have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in [ZJ complaint D cross-complaint (Describe, including causes of action): General Negligence, Premises Liability Page1 of5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, CM-110 [Rev, July 1, 2011] rules 3.720-3.730 www.courts.ca.go11 CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Rogelio Julian '- 22CV04181 DEFENDANT/RESPONDENT: John L. Bunce, el 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.) On 12/10/2021 Defendants, their employees, and each of them, negligently left open a hatch door to a crawl space beneath an Indoor hallway at a construction site, knew or should have known about the dangerous condition, and failed to warn of the dangerous condition. Plaintiff fell and sustained injury as a result. Past medicals exceed $62,000. Future medical costs and loss of earnings to be determined. D (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 W a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [ZJ The trial has been set for {dale): 2/28/2024 b. D 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. [ZJ days (specify number): 8-10 b. D hours (short causes) (specify): 8. Trial representation /lo be answered for each party) The party or parties will be represented at trial [ZJ by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 ccurts 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 ccunsel: Counsel has W D 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) DThis 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. /2J D 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) D 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. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 - PLAINTIFF/PETITIONER: Rogelio Julian CASE NUMBER: 22CV04181 DEFENDANT/RESPONDENT: John L. Bunce, 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): [Z] Mediation session not yet scheduled (1) Mediation [Z] D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation completed on (dale): D Settlement conference not yet scheduled (2) Settlement [Z] [Z] Settlement conference scheduled for (date): 2/02/2024 conference D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled (3) Neutral evaluation D D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (dale): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) other ( specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (dale): CM-110 {Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT ,,.,..,."'~I PLAINTIFF/PETITIONER: CASE NUMBER: Rogelio Julian 22CV04181 DEFENDANT/RESPONDENT: John L. Bunce, et al. 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes DNo c. D 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. [=:J There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. [ZJ The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Supplemental Discovery Requests Per code Plaintiff Party/ Persons Most Qualified depositions Per code Plaintiff Expert witness depositions Per code c. D 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 Page4of5. CM-110 PLAINTIFF/PETITIONER: Rogelio Julian CASE NUMBER: 22CV04181 DEFENDANT/RESPONDENT: John L. Bunce, et al. 17. Economic litigation a. D 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. D 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 W The party cir parties request that the following additional matters be considered or determined at the case management conference (specify): Statement of Damages for defendants John L. Bunce and Elizabeth N. Bunce is being served by publication with completion date of September 7, 2023. Request for Entry of Default against Bunce defendants will be filed upon completion of service by publication. 19. Meet and confer a. [ZJ 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): Plaintiff is unable to locate or contact John L. Bunce and Elizabeth N. Bunce, who have not appeared in this case. 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: September 5, 2023 Matthew M. Morrison (TYPE OR PRINT NAME) â–º (TYPE OR PRINT NAME) â–º (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT Page5of5 l PROOF OF SERVICE 2 I am employed in the County of Santa Barbara, State of California. I am over the age o 18 and not a party to the within action; my business address is 33 West Mission Street, Suite 206 3 Santa Barbara, California 93101. 4 On September 5, 2023, I served upon the interested party(ies) in this action the following 5 described document(s): CASE MANAGEMENT STATEMENT 6 MAIL: by placing a true copy thereof enclosed in a sealed envelope(s), addressed as se forth below. I am "readily familiar" with the firm's practice of collection and processin 7 correspondence for mailing. Under that practice it would be deposited with the U.S Postal Service on that same day with postage thereon fully prepaid at Santa Barbara 8 California in the ordinary course of business. I am aware that on motion of the part served, service is presumed invalid if the postal cancellation date or postage meter date i 9 more than one day after the date of deposit for mailing in affidavit. 10 PERSONAL DELIVERY: by delivering a true copy thereof by hand to the person o office, as indicated, at the address (es) set forth below. 11 FAX: by transmitting a true copy thereof by telecopier to the person or office, a indicated, at the address (es) and telecopier number set forth below. 12 MESSENGER: by causing a true copy thereof to be delivered via messenger service a 13 the address (es) set forth below. X BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused such a document(s) t 14 be sent from e-mail address secretary@nblaw.us to the persons at the e-mail addresse listed below. I did not receive, within a reasonable time after the transmission, an 15 electronic message or other indication that the transmission was unsuccessful. 16 SEE ATTACHED SERVICE LIST 17 X I declare under penalty of perjury under the laws of the State of California, that th 1s foregoing is true and correct. 19 Executed September 5, 2023, at Santa Barbara, Califomi 20 21 22 23 24 25 1 JULIANv. BUNCE, etal. 2 SERVICE LIST 3 4 Attorneys for Defendant Giffin & Crane LLP Kevin P. Kennedy 5 Erika L. Sandler KENNEDY & SOUZA, APC 6 7964 Arjons Drive, Suite I San Diego, California 92126 7 kkennedy@kennedysouza.com esandler@kennedysouza.com 8 dthornas@kennedysouza.com 9 Attorneys for Defendant Anchor Heating and Air Michael E. Gallagher 10 EDLIN GALLAGHER HUIE+ BLUM 11 515 South Flower Street, Suite 1020 Los Angeles, CA 90071 12 rngallagher@eghblaw.com lstevenson@eghblaw.com 13 cfawley@eghblaw.com nchetty@eghblaw.com 14 bmoreira@eghblaw.com> 15 16 17 18 19 20 21 22 23 24 25