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  • ALVARADO VS FASTRIP FOOD STORES, INC.23-CV Other PI/PD/WD - Civil Unlimited document preview
  • ALVARADO VS FASTRIP FOOD STORES, INC.23-CV Other PI/PD/WD - Civil Unlimited document preview
  • ALVARADO VS FASTRIP FOOD STORES, INC.23-CV Other PI/PD/WD - Civil Unlimited document preview
  • ALVARADO VS FASTRIP FOOD STORES, INC.23-CV Other PI/PD/WD - Civil Unlimited document preview
  • ALVARADO VS FASTRIP FOOD STORES, INC.23-CV Other PI/PD/WD - Civil Unlimited document preview
  • ALVARADO VS FASTRIP FOOD STORES, INC.23-CV Other PI/PD/WD - Civil Unlimited document preview
  • ALVARADO VS FASTRIP FOOD STORES, INC.23-CV Other PI/PD/WD - Civil Unlimited document preview
  • ALVARADO VS FASTRIP FOOD STORES, INC.23-CV Other PI/PD/WD - Civil Unlimited document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY April Ramirez, Esq. (SBN 319760) B B Law Group LLP 6100 Center Drive, Suite 1100 Los Angeles, CA 90045 TELEPHONE NO.: (323) 925-7800 FAX NO. (Optional): (323) 925-7801 E-MAIL ADDRESS: ARamirez@BBLawGroupLLP.com ATTORNEY FOR (Name): Plaintiff, Kimi Alvarado SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Ave. MAILING ADDRESS: 1215 Truxtun Ave. CITY AND ZIP CODE: Bakersfield, CA 93301 BRANCH NAME: Bakersfield Court PLAINTIFF/PETITIONER: Kimi Alvarado DEFENDANT/RESPONDENT: Fastrip Food Stores, Inc. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE BCV-22-102477 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 18, 2024 Time: 8:30 a.m. Dept.: Div.: J Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): April Ramirez, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiff, Kimi Alvarado b. 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): September 22, 2022 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. 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 of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Personal Injury; General Negligence; Premises liability; Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Kimi Alvarado CASE NUMBER: DEFENDANT/RESPONDENT: Fastrip Food Stores, Inc. BCV-22-102477 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.) Defendants failed to maintain, control, and operate the Fastrip Store, located at 4901 S. Union Ave., Bakersfield, CA 93307 ("Subject Premises") in a reasonably safe condition, and breached their duty of care to its customers, causing Plaintiff to sustain severe injuries when she tripped over a stack of water boxes on the ground. Discovery is ongoing regarding the medical expenses to date, future expenses, and loss of income. (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 a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. 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. days (specify number): 7-10 days b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference 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 has 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 has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 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 statutory limit. (2) 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) 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. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Kimi Alvarado CASE NUMBER: DEFENDANT/RESPONDENT: Fastrip Food Stores, Inc. BCV-22-102477 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement 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): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): 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): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Kimi Alvarado CASE NUMBER: DEFENDANT/RESPONDENT: Fastrip Food Stores, Inc. BCV-22-102477 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. 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. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. 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 wiII 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. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff, Kimi Alvarado Written Discovery March 31, 2024 Plaintiff, Kimi Alvarado Party/Witness Depositions March 31, 2024 Plaintiff, Kimi Alvarado Discovery Motions May 31, 2024 Plaintiff, Kimi Alvarado Expert Depositions and Motions Pursuant to Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Kimi Alvarado CASE NUMBER: DEFENDANT/RESPONDENT: Fastrip Food Stores, Inc. BCV-22-102477 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 trial 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. 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. 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: January 3, 2024 April Ramirez, Esq. (TYPE OR PRINT NAME) (SIGNATURE 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 PROOF OF SERVICE 1 2 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 6100 Center Drive, Suite 1100, Los 3 Angeles, California 90045. 4 On January 3, 2024, I served the within document(s) described as: 5 CASE MANAGEMENT STATEMENT 6 on the interested parties in this action as stated on the attached mailing list. 7 (BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list. I placed each such envelope for 8 collection and mailing following ordinary business practices. I am readily familiar with this Firm's practice for collection and processing of correspondence for mailing. Under that 9 practice, the correspondence would be deposited with the United States Postal Service on that same day, with postage thereon fully prepaid at Los Angeles, California, in the ordinary 10 course of business. 11 (BY FAX) By transmitting a true copy of the foregoing document(s) via facsimile transmission from this Firm's sending facsimile machine, whose telephone number is (323) 12 457-2120, to each interested party at the facsimile machine telephone number(s) set forth on the attached mailing list. Said transmission(s) were completed on the aforesaid date at the 13 time stated on the transmission record issued by this Firm's sending facsimile machine. Each such transmission was reported as complete and without error and a transmission 14 report was properly issued by this Firm's sending facsimile machine for each interested party served. A true copy of each transmission report is attached to the office copy of this 15 proof of service and will be provided upon request. 16 X (BY ELECTRONIC MAIL) My electronic service address is JJang@BBLawGroupLLP.com. I caused such document(s) to be Served to all Party/Parties 17 through electronic means at the electronic addresses as set forth on the attached service list. Upon completion of transmission of said document(s), I did not receive an “undeliverable” 18 receipt. 19 Executed on January 3, 2024, at Los Angeles, California. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 22 JENN JANG (Signature) 23 24 25 26 27 28 1 1 Case No. BCV-22-102477 2 CLIENT: Kimi Alvarado FILE NO.: 1170.019 3 SERVICE LIST 4 5 Grover H. Waldon, Esq. CLIFFORD & BROWN 6 1430 Truxtun Ave, Suite 900 Bakersfield, CA 93301 7 Tel: (661) 322-6023 Fax : (661) 322-3508 8 Email: gwaldon@clifford-brownlaw.com; ealesso@clifford-brownlaw.com 9 Attorneys for Defendant, Fastrip Food Stores, Inc. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2