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  • Affirmative Insurance Company vs.Frando Villatoro Salgado42 Unlimited - Other Complaint (not specified) document preview
  • Affirmative Insurance Company vs.Frando Villatoro Salgado42 Unlimited - Other Complaint (not specified) document preview
  • Affirmative Insurance Company vs.Frando Villatoro Salgado42 Unlimited - Other Complaint (not specified) document preview
  • Affirmative Insurance Company vs.Frando Villatoro Salgado42 Unlimited - Other Complaint (not specified) document preview
  • Affirmative Insurance Company vs.Frando Villatoro Salgado42 Unlimited - Other Complaint (not specified) document preview
  • Affirmative Insurance Company vs.Frando Villatoro Salgado42 Unlimited - Other Complaint (not specified) document preview
  • Affirmative Insurance Company vs.Frando Villatoro Salgado42 Unlimited - Other Complaint (not specified) document preview
  • Affirmative Insurance Company vs.Frando Villatoro Salgado42 Unlimited - Other Complaint (not specified) document preview
						
                                

Preview

. 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 ~ ~~ ~ ~ ~~~ ~ ~~~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~ 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.. ~ ~ ~ 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 ‘ et ~\ My“ '8 “WU/mi) lormA Jll In tore 'CO Mild new use “MM ATTACHMENT www.ceutflnbumv fieoéatn‘iv.aupy1'.zohn' to Judlclel Council Form