On February 26, 2021 a
Party Statement
was filed
involving a dispute between
Daniel Abarca Hernandez,
and
Clyde Lamar,
Tanner Delbert Thorson,
Tric Machine Corporation,
for Auto Tort: Unlimited
in the District Court of Stanislaus County.
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Anthony C. Gonsalves (SBN 325710) Tai C. Bogan (SBN 241784)
AG LAW MODESTO THE BOGAN LAW FIRM, APC
821 13th Street, Suite H 615 13th Street, Suite A Electronically Filed
Modesto, CA 95354 Modesto, CA 95354 5/28/2021 3:05 PM
209-502-6341 209-502-6361 Superior Court of California
anthony@aglaw209.com / tai.bogan@theboganlawfirm.com County of Stanislaus
DANIEL ABARCA HERNNDEZ Clerk of the Court
STANISLAUS By: Carly Bonzi, Deputy
801 10th Street
801 10th Street
Modesto, CA 95354
CITY TOWER - CIVIL DIVISION
DANIEL ABARCA HERNANDEZ, et al.
TANNER DELBERT THORSON, et al.
X CV-21-000905 / CV-21-000666
06/14/2021 9:00am 23
X DANIEL ABARCA HERNANDEZ
X
AUTOMOBILE TORT; GENERAL NEGLIGENCE; RESPONDEAT SUPERIOR
DANIEL ABARCA HERNANDEZ, et al.
TANNER DELBERT THORSON, et al. CV-21-000905 / CV-21-000666
Multi vehicle auto accident on NB SR-99 in which the rear of a big rig tractor and trailer driven by Plaintiff
while in the course and scope of his employment was struck by a vehicle driven by Defendant Thorson who
was in the course and scope of his employment with Defendant Lamar and Defendant Tri-C Mechanical.
X
X
X 10 days
X
X
CM-110
DANIEL ABARCA HERNANDEZ, et al.
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT: TANNER DELBERT THORSON, et al. CV-21-000905 / CV-21-000666
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
X Mediation session not yet scheduled
.
(1) Medra t'ron [:3
X
(:3 Mediation session scheduled for (date):
[:3 Agreed to complete mediation by (date):
|:] Mediation completed on (date):
[:3
X Settlement conference not yet scheduled
(2) Settlement
E:
X [:J Settlement conference scheduled for (date):
conference
[:1 Agreed to complete settlement conference by (date):
:1 Settlement conference completed on (date):
[:1 Neutral evaluation not yet scheduled
'
(3) Neu tra I eva l uatron
[:3 Neutral evaluation scheduled for (date):
[:j Agreed to complete neutral evaluation by (date):
[:1 Neutral evaluation completed on (date):
(3 Judicial arbitration not yet scheduled
(4) Nonbinding judicial [:3 (:1 Judicial arbitration scheduled for (date):
arbitration |:| Agreed to complete judicial arbitration by (date):
[:1 Judicial arbitration completed on (date):
1:] Private arbitration not yet scheduled
(5) Binding private |::| 1:) Private arbitration scheduled for (date):
arbitration [:l Agreed to complete private arbitration by (date):
[:| Private arbitration completed on (date):
[:1 ADR session not yet scheduled
ADR session scheduled for ( date)
(e) Other (specifn: [:1 l l .'
[:I Agreed to complete ADR session by (date):
[:1 ADR completed on (date):
CM-110 (Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT ”9° 3 °' 5
CM-rro
ABARCA HERNANDEZ, et al. “3‘
PWNT'FF’PET'T'WERf DANIEL
DEFENDANT’REWNDENT'
TANNER DELBERT THORSON, et al. CV-21-000905 / CV'21'000666
1 1. Insurance
a. [3 Insurance carrier. if any, for party filing this statement (name):
b. Reservation of rights: i i Yes | i No
c. [3 Coverage issues will significantly affect resolution of this use (explain):
12. Jurisdiction
Indicate any matters that may affect the court‘s jurisdiction or
processing of this case and describe the status.
I: Bankruptcy IIIOther (special):
Status:
13. Related cases, consolidation, and coordination
a. IX] There are companion, underlying, or related cases.
(1) Name of case: Lazzaroni v Thorson, et al. Alves v Thorson, et al.
(2) Name of court: Stanislaus County Superior Court Stanislaus County Superior Court
(3) Case number: CV-21-000782 CV-21-000666
(4) Status: Active Active
:1 Additional cases are described in Attachment 13a.
b. [I] A motion to ['X__] consolidate 1:] coordinate -filed by (name party): Tanner Thorson, et al.
14. Bifurcation
C] 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 ofmotion, and reasons):
15. Other motions
|:] The party or parties expectto file the following motions before trial (specifymovlngpany, type ofmotion, andissues):
16. Discovery
a. [:1
The party or parties have completed all discovery.
b. X [l The following discovery will be completed by the date specified (describe all anticipated discovery):
Ban! Description Date
Plaintiff Abarca-Hemandez Propound Written Discovery July, 2021
Plaintiff Abarca-Hemandez Deposiiton of Defendants September, 2021
Plaintiff Abarca-Hemandez Expert Discovery Per Code
c. E] The following discovery issues. including issues mgarding the discovery of electronreally stored information, are
anticipated (specily):
mew-M W“ CASE MANAGEMENT STATEMENT p...“-
CM-1 10
PLAINTIFF/PETITIONER:
DANIEL ABARCA HERNANDEZ, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: CV-21-000905 / CV-21-000666
TANNER DELBERT THORSON, et al.
17 Economic litigation
8 [:3 ThisIS a limited civil case (i. e.
the amount demandedis $25 000 or less)
c admiOl’iS 90-98 VI.” and the
economic litigation proceduresin Code
of Civil Pro"uCuurc ~~
... applyto this case
b This is a limited crvrl 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
[:I 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.[:] 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 :1 After meeting and conferring as required by rule 3.724 of the California Rules of Court the parties agree on the followrng
(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 requrred
Date: 05/28/2021
Anthony C. Gonsalves, Esq.
(TYPE OR PRINT NAME) V OF PARTY OR ATTORNEY)
(SIGVIATURE
(TYPE OR PRINT NAME) (SiGNATURE OF PARTY OR ATTORNEY)
[:3 Additional signatures are attached.
CM‘110IReV‘ July 1. 2011)
CASE MANAGEMENT STATEMENT PIN!“
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Document Filed Date
May 28, 2021
Case Filing Date
February 26, 2021
Category
Auto Tort: Unlimited
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Anthony C. Gonsalves (SBN 325710) Tai C. Bogan (SBN 241784) AG LAW MODESTO THE BOGAN LAW FIRM, APC 821 13th Street, Suite H 615 13th Street, Suite A Electronically Filed Modesto, CA 95354 Modesto, CA 95354 5/28/2021 3:05 PM 209-502-6341 209-502-6361 Superior Court of California anthony@aglaw209.com / tai.bogan@theboganlawfirm.com County of Stanislaus DANIEL ABARCA HERNNDEZ Clerk of the Court STANISLAUS By: Carly Bonzi, Deputy 801 10th Street 801 10th Street Modesto, CA 95354 CITY TOWER - CIVIL DIVISION DANIEL ABARCA HERNANDEZ, et al. TANNER DELBERT THORSON, et al. X CV-21-000905 / CV-21-000666 06/14/2021 9:00am 23 X DANIEL ABARCA HERNANDEZ X AUTOMOBILE TORT; GENERAL NEGLIGENCE; RESPONDEAT SUPERIOR DANIEL ABARCA HERNANDEZ, et al. TANNER DELBERT THORSON, et al. CV-21-000905 / CV-21-000666 Multi vehicle auto accident on NB SR-99 in which the rear of a big rig tractor and trailer driven by Plaintiff while in the course and scope of his employment was struck by a vehicle driven by Defendant Thorson who was in the course and scope of his employment with Defendant Lamar and Defendant Tri-C Mechanical. X X X 10 days X X CM-110 DANIEL ABARCA HERNANDEZ, et al. PLAINTIFF/PETITIONER: CASE NUMBER: DEFENDANT/RESPONDENT: TANNER DELBERT THORSON, et al. CV-21-000905 / CV-21-000666 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 X Mediation session not yet scheduled . (1) Medra t'ron [:3 X (:3 Mediation session scheduled for (date): [:3 Agreed to complete mediation by (date): |:] Mediation completed on (date): [:3 X Settlement conference not yet scheduled (2) Settlement E: X [:J Settlement conference scheduled for (date): conference [:1 Agreed to complete settlement conference by (date): :1 Settlement conference completed on (date): [:1 Neutral evaluation not yet scheduled ' (3) Neu tra I eva l uatron [:3 Neutral evaluation scheduled for (date): [:j Agreed to complete neutral evaluation by (date): [:1 Neutral evaluation completed on (date): (3 Judicial arbitration not yet scheduled (4) Nonbinding judicial [:3 (:1 Judicial arbitration scheduled for (date): arbitration |:| Agreed to complete judicial arbitration by (date): [:1 Judicial arbitration completed on (date): 1:] Private arbitration not yet scheduled (5) Binding private |::| 1:) Private arbitration scheduled for (date): arbitration [:l Agreed to complete private arbitration by (date): [:| Private arbitration completed on (date): [:1 ADR session not yet scheduled ADR session scheduled for ( date) (e) Other (specifn: [:1 l l .' [:I Agreed to complete ADR session by (date): [:1 ADR completed on (date): CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT ”9° 3 °' 5 CM-rro ABARCA HERNANDEZ, et al. “3‘ PWNT'FF’PET'T'WERf DANIEL DEFENDANT’REWNDENT' TANNER DELBERT THORSON, et al. CV-21-000905 / CV'21'000666 1 1. Insurance a. [3 Insurance carrier. if any, for party filing this statement (name): b. Reservation of rights: i i Yes | i No c. [3 Coverage issues will significantly affect resolution of this use (explain): 12. Jurisdiction Indicate any matters that may affect the court‘s jurisdiction or processing of this case and describe the status. I: Bankruptcy IIIOther (special): Status: 13. Related cases, consolidation, and coordination a. IX] There are companion, underlying, or related cases. (1) Name of case: Lazzaroni v Thorson, et al. Alves v Thorson, et al. (2) Name of court: Stanislaus County Superior Court Stanislaus County Superior Court (3) Case number: CV-21-000782 CV-21-000666 (4) Status: Active Active :1 Additional cases are described in Attachment 13a. b. [I] A motion to ['X__] consolidate 1:] coordinate -filed by (name party): Tanner Thorson, et al. 14. Bifurcation C] 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 ofmotion, and reasons): 15. Other motions |:] The party or parties expectto file the following motions before trial (specifymovlngpany, type ofmotion, andissues): 16. Discovery a. [:1 The party or parties have completed all discovery. b. X [l The following discovery will be completed by the date specified (describe all anticipated discovery): Ban! Description Date Plaintiff Abarca-Hemandez Propound Written Discovery July, 2021 Plaintiff Abarca-Hemandez Deposiiton of Defendants September, 2021 Plaintiff Abarca-Hemandez Expert Discovery Per Code c. E] The following discovery issues. including issues mgarding the discovery of electronreally stored information, are anticipated (specily): mew-M W“ CASE MANAGEMENT STATEMENT p...“- CM-1 10 PLAINTIFF/PETITIONER: DANIEL ABARCA HERNANDEZ, et al. CASE NUMBER: DEFENDANT/RESPONDENT: CV-21-000905 / CV-21-000666 TANNER DELBERT THORSON, et al. 17 Economic litigation 8 [:3 ThisIS a limited civil case (i. e. the amount demandedis $25 000 or less) c admiOl’iS 90-98 VI.” and the economic litigation proceduresin Code of Civil Pro"uCuurc ~~ ... applyto this case b This is a limited crvrl 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 [:I 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.[:] 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 :1 After meeting and conferring as required by rule 3.724 of the California Rules of Court the parties agree on the followrng (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 requrred Date: 05/28/2021 Anthony C. Gonsalves, Esq. (TYPE OR PRINT NAME) V OF PARTY OR ATTORNEY) (SIGVIATURE (TYPE OR PRINT NAME) (SiGNATURE OF PARTY OR ATTORNEY) [:3 Additional signatures are attached. CM‘110IReV‘ July 1. 2011) CASE MANAGEMENT STATEMENT PIN!“ harm proteetmthatarmy thisfisnn hummeryea magmasmam Print this form Save this form . (near this term