On June 16, 2015 a
Party Statement
was filed
involving a dispute between
Affirmative Insurance Company,
and
21St Century Company,
Calvert, Sean,
City Of Fresno,
Fresno Police Department,
Garcia, Regina Esther,
Salgado, Amparo,
Villatoro Salgado, Frando Gustavo,
Wilkes, Kelly,
for 42 Unlimited - Other Complaint (not specified)
in the District Court of Fresno County.
Preview
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1
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Nome, Silt. Bernumber, and address): FOR COURT US! ONLY
Jonathan H. Colman, SBN 93652/Dan A. Everakes. SBN 259398
Colman Macdonald Law Group LLP
E
Glendale, CA 91203
L
500 N. Brand Blvd., Sulte 2200.
PM no. (Optional): (818) 543.8787
TELEPHONE no: 818-546-8886
MAIL ADDREBB (Optional):
g
Company
ATTORNEY FOR (Nam): Plalntlff Afflrmatlve Insurance
OCT
.
SUPERIOR COURT or CALIFORNIA, counw orFresno 1 3 2015
1130 O Street
aTREET ADDRESS: FRESNO C OUNTY
MAILING ADDRESS: By SUPERIOR COURT
CWANDZIP °°°E= Fresno, CA 93721 LP . D EPUTY
BRANCH NAME B.F. Sisk Courthouse
PLAINTIFF/PETITIONER: Affirmative Insurance Company
DEFENDANT/RESPONDENT: Frando Gustavo VlllatoroSalgado. et al,.
CASE MANAGEMENT STATEMENT CA8! NUMBER:
(Check one): III UNLIMITED CASE [:1 LIMITED CASE 150E0601881
‘f-r
(Amount demanded (Amount demanded ls $25.000
if".
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE Is scheduled as follows:
Date: October 19, 2015 Tlme: 10:00 am. Dept: 104 Dlv.: Room:
Address of court(if from the address above):
different
[I] Notice of Intent to Appear by Telephone, by (name): Dan A. Everakes
INSTRUCTIONS: All sppllcsbls boxes must be checked, and the specified Information must be provldsd.
or psrtles (answer one):
E
1. Pai'ty
a. E] This statementIs submltted by party (name): Plalntlff AffirmativeInsurance Company
D. Thls statementIs submitted Jointly by partles (names):
150E6001881
CMCB
Case Management Statement Flled
Complaint and cross-complaint (to be answered by plaintiffs and cross~compiainants
_
2. only) 187791 ____
a. The complalnt was filed on (date): 06/16/15
:1
.
b. The cross-complalnt, any. was filed on (date):
|
If
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3. Servlce (tobe answered by plaintiffs and cross-complainants only)
a. C] All parties named In the complaint and cross-complalnt have been served. have appeared. or have been dlsmlssed.
b. [:1 The followlngpartiesnamed In the complaint or cross-complaint
(1) [:1 have not been served (specify names and explain why not):
See Attachment #1
(2) K] have been served but have not appeared and have not been dlsmlssed (specify names):
Regina Esther Garcia
(3) :1 have had a default entered against them (specify names):
c. CI The followlng addltlonal
partiesmay be added and date by which
(specify names, nature of involvement In case,
they may be served): .
4. Descrlptlon of case
3- Type Ofcase In [I] complalnt [:1 cross-complaint (Describe, including causes of action):
Declaratory Rellef for Incident which occurred on March 1.2015.
legs 1 of 6
and: CASE MANAGEMENT STATEMENT assesses
CM-110 (Rev.
July 1. 20111 www.coum.ca.gov
CM-110
CASE NUMBER:
PLAiNTiFF/PETiTiONER: Affirmative insurance Company
15CECG01881
DEFENDANT/RESPONDENT: Frando Gustavo Vlllatoro Salgado. et ai,.
~ ~ ~
4. b. (lfpersonal injury damages are sought,
Provide a brief statement of the case. including any damages. 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. lf equitable relief Is sought,
describe the nature of the relief.)
This is a declaratory relief action stemming from an accident that occurred on March 1, 2015. Def. Salgado had
insurance with Plaintiff Affirmative Insurance at the time of the accident.
liability Salgado's vehicle. driven by Def.
Garcia. was involved in a accident with Defs. Sean Calvert, Kelly Wilkes, Fresno Police Department. City of
Fresno. and 21st Century Company allegedly causing property damage and personal injuries.
[:1 more space is needed, check this box and attach a page designated as Attachment 4b.)
D
(If
5. Jury or nonjury trial
The party or parties request a Jury
trial a nonjury trial. more than one party, provide the name of each party
(If
requesting a jury trial):
8. Trial date
a. [:1 The trial has been set for (date):
b. [I] No trial date has been set. This case will be ready for trial within
12 months of the date of the complaint
filing of the (if
not, explain):
c. Dates on which parties or attorneys not be available for
will (specify dates
trial and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial will
a. [Z] days (specify number): 2
b. [:1 hours (short causes) (specify):
8. Trial representation (tobe answered for each party)
The party or parties
willbe represented at trial [E by the attorney or party the caption
listed in [:1 by the following:
a. Attorney:
b. Finn:
c. Address:
d. Telephone number: f. Fax number:
a. E-maii address: 9. Party represented:
[:1 Additional representation
isdescribed inAttachment 8.
9. Preference
:1 This caseis code
entitled to preference (specify 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 3.221for information aboutthe processes available through the
court andcommunity programs case.
in this
(1) For parties represented by counsel:Counsel [:1 has [:1 has not provided theADR information package identified
to the client and reviewed ADR options with the client.
in rule 3.221
(2) [:1
For self-represented parties: Party has :1 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [:1 This matter is sub act to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mafiatiorinuntderode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
saucw m.
E] case toJudlciai
Plaintiff elects to refer this arbitrationand agrees amount specified
to limit recovery to the Code of
D
(2) in
CivilProcedure section 1141.11.
(3) This case is exemgt from Judicial arbitration under rule 3.811
of the California Rules of Courtor from action
civil
mediation under ode of Civil Procedure section1775 et seq. (specify exempt/on):
CM-t‘ioiRsv. Juiy1.2011)
CASE PageZolG
CM-110
PLAINTIFF/PETITIONERI Affirmative Insurance Company cAfi NUMaE'fi:
EFENDANT/RESPONDENTI 15CECG01881
~
Frando Gustavo Villatoro Salgado. et al,.
~ ~
10. c. ADR process or processes that the party or parties are willing to participate in.
Indicate the have agreed to participate
In.or
have already participated
In (check all that apply and provide the specified information):
The party or parties completing Ifthe party or parties completing this form In the case have agreed to
thisform are willing to ADR
participate In or have already completed an process or processes.
ADR
participate In the following Indicate the status of the processes (attach a copy of the parties’ADR
processes (check all that apply):stipulatlon):
Mediation session not yet scheduled
(1)Mediation '3 HEIDI]
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2)Settlement DDDIII 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):
evaluation HEIDI]
(3) Neutral
Agreed to complete neutral evaluation by (data):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
Nonblndlng Judicial
scheduled for (date):
Judicial arbitration
(4) HEIDI]
arbitration
Agreed to complete Judicial
arbitrationby (date):
completed on (date):
Judicial arbitration
Private arbitration not yet scheduled
Binding private DDDEI Private arbitration scheduled for (date):
(5)
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): DUDE
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. Page 3 of I
CASE MANAGEMENT STATEMENT
July2011]
1.
CM:‘L10.
WE “UMBER
" PLAINTIFF/PETITIONER: Affirmative Insurance Company
15CECGOi 881
DEFENDANT/RESPONDENT: Frando Gustavo Vlllatoro Saigado. et al..
~
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11. insurance
a. Insurance carrier. Affirmative insurance
any. for party filing this statement (name): Company
:1
if
b. Reservation of rights: Yes [:3 No
0. Coverage issues will significantly case
affect resolution of this (explain):
This action is solely requesting a Judicial determination as to whether coverage is owed under the
Affirmative policy of Defendant Salgado
12. Jurisdiction
indicateany matters that may affect the court's Jurisdiction or processing of this case and describe the status.
[:1 Bankruptcy :1 Other (specify):
Status:
13. Related cases. consolidation, and coordination
a_ [:1 There are companion. underlying. or related cases.
(1)Name of case:
(2)Name of court:
(3)Case number:
(4) Status:
:1 Additional cases are described inAttachment 13a.
b. :1 A motion to :1 consolidate :1 coordinate willbe filed by (name party):
14. Bifurcation
The party or parties intend to file a motion for an order bifurcetlng. severing. or coordinating the following issues or
causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
[I] The party or parties expect to
filethe following motions before (specify
trial moving party, type of motion, and Issues):
Potential motion for summary Judgment
16. Discovery
MM
a. [:1 The party or parties have completed alldiscovery.
b. The be completed by the date specified (describe
following discovery will allanticipated discovery):
Emit Data
Plaintiff Written Discovery February 2016
Plaintiff Deposition April2016
Plaintiff Expert Depositions Pursuant to Code
0, [I] The following discovery issues. including issues regarding the discovery of electronically stored information. are
anticipated (specify):
Defendant Garcia isincarcerated and willsoon be transferred to a different prison.
CM-110 2011]
[Rav. July
1.
CASE MANAGEMENT STATEMENT Pun-4o”
~
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
‘17..Economic lltifistIOn
Affirmative in'SuTance-Company'
Frandoqstavo Vliiatoro
‘
Saigado. etal.)
'
.
~
“3'3 NUMBER
11505C§301§81
~
a. 1:] This isa-‘Ilmited civillcase the
~(i.e.l amountdemanded is$25,000. or less) and'the economic litigation-procedures
in Code
of Civil Procedure 'se‘ctlons' 90:98" willSappi'y to this case:
'b.E] This limited clvli;case.'and a motion to’ withdraw-the case from the economloriltigation procedures «for additional
lis a‘
gap/am specifically why-econ'Omlc ‘I/tlgstion-proceduresre/afflzg. to discovery 'or'trlal
discovery Mil battled '(If‘cheoked,
cS 6.559)?
a’flply to
‘sfho‘flild riot-
~
~
.c
.1'8. rIssues
management
The'party or parties request that the‘followlngadditlonal matters be considered'or determined at theoase
conference (spec/5v):
Plaintiff requests: an addition :90
days to. serve the remaining parties In this matter:
19. Meat and confer
a, [:1 The party mat and conferred with.
or parties have. parties
all on all. subi'eCESfrequiredhylrlile
3-7524 o'tthe California: Rules.
of Court (If not, explain):
b. After meeting.and conferring astrequired byrule3.724 of the CaliforniaRu‘les of Court; the agree on the following
parties,
(spec/fy):
20. Totalnumber of pages attached (If any):
llam odmpietely‘famliiar with this caseiandwiii beifuiiyt prepared to discuss the-status of discovery and alternative. dispute resoluuom
on these issues at the timerof
well as other issues raised by this statement; andwlil possesszthe 'a'uthorlty‘to enter intovstipuiations
38'.
the-case 'man‘agehfent"conferenoej, ‘ihgludingEthei Written authority of the party where required.
Date: October 12, '2015
Y,
(/
Dajn Everakes }
(“'55t PRINT NAME) (SIGNATURE pF'P’A‘RTY OR'ATToa'NEy)
(TYPE OR PRINT NAME) (SIGNATURE or PARTY ca ATTORNEY)
[:| Additional signatures are attached.
CM-11O (Rev.
July
1.2011]
CASE MANAGEMENT STATEMENT Pm 6 or!
fin
'
_~ g . Mc-ozs
:SHORTTITLE: CAIINUMIIN
'"
~
Affirmetiye w.
f
Salged'o,_.‘et 9L1.
fl
AhrAcHMENT (Number): '1.
~
_.Affitmetlve v. Selgedo
MIsAtts'chmentmeybe used. with at'Idlctet ceun‘cfl'fom).
3. Service'-
The following-parties named the compleififhevenot been served (specitynemes and explaifi why hot):
111'
1'.
.FRANDOGUSTAVO-VILLATOROSALGAD‘O, en‘Individuel'
12. SEAN CALVERT, an Individual.
'3‘ WILKES, an Individual
4-.- AMP-ARC SALGAD.O,_ an' Individual
5. FEE-SNOPOLICE DEPARTMENT; aRublieEntity
:.6tCITY OF FRESNO, a Public-Entity.-
7. CENTURY COMPANY,
21.51: e.Fri-vets Corporation
{n the process of 'e'srvingrthe remaining individuals andere‘quests an additional
90' days to cempluits
:8. 0%
..
Item that this Attachment concerns ls made .under penalty ofpedury,
(If the
Attachment are made under penalty ofpedury.)
statements
all In this Pegs
(Add
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new use
“MM ATTACHMENT www.ceutflnbumv
fieoéatn‘iv.aupy1'.zohn' to Judlclel Council Form