Preview
CM-110
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Namo, Slate Bar number, end address): FOR COURT USE ONLY
Nina Sargsyan, Esq. (SBN: 298786) Andrew M. Morrow, Ill, Esq (SBN: 128300)
DOWNTOWN L.A. LAW GROUP
910 S Broadway Ave
Los Angeles, California 90015.
TELEPHONE NO.: 213-389-3776 FAX NO. (Optional:877-389-2775,
E-MAIL ADDRESS:Nina@downtownlalaw.com
ATTORNEY FOR (Name): Plaintiff DAKOTA MASSI
|SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN:
STREET ADDRESS: 1215 Truxtun Avenue
MAILING ADDRESS: 1215 Truxtun Avenue
[CITY AND ZIP CODE: Bakersfield, California 93301
BRANCH NAME: Metropolitan Division Justice Building
PLAINTIFF/PETITIONER: DAKOTA MASS!
DEFENDANT/RESPONDENT: LOWE'S HOME CENTERS, LLC, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [3¢] UNLIMITED CASE ([ uimitep case BCV-22-103400
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
|A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 2/7/2024 Time: 8:30 AM Dept.: Div.: J Room:
Address of court (if different from the address above):
[52] Notice of Intent to Appear by Telephone, by (name): Nina Sargsyan, Esq
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. [GC] This statement is submitted by party (name): Plaintiff DAKOTA MASSI
b. [__] This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 12/21/2022
b. [] The cross-compliaint, if any, was filed on (date):
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. [4] The following parties named in the complaint or cross-complaint
a) have not been served (specify names and explain why not):
BLUE RHINO, INC. (DOE 1) - service pending
(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):
Description of case
a. Type of casein [X] complaint [) cross-complaint (Describe, including causes of action):
Strict product liability, Negligence
Page 1 ofS
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court,
Judicial Council of Califor! ‘ules 3,720-3.730
(CM-110 [Rev. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Dakota Massi CASE NUMBER:
DEFENDANT/RESPONDENT: Lowe's Home Center, LLC, et al. BCV-22-103400
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
earings to date, and estimated future lost earnings. if equitable relief is sought, describe the nature of the relief.)
ATTACHMENT 4B
(1) (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 [X_] a jury trial [) anonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. [__] The trial has been set for (date):
b. [GC] 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):
¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [x] days (specify number): 5-7
b. [] hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [1] by the attorney or party listed in the caption [) by the following:
a Attorney:
b. Firm:
©, Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
[) Additional representation is described in Attachment 8,
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 [x] 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) (J 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) [J 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
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CASE MANAGEMENT STATEMENT
MC-025
SHORT TITLE: ‘CASE NUMBER:
MASSI VS LOWE'S HOME CENTERS, LLC BCV-22-103400
ATTACHMENT (Number): 4b
(This Attachment may be used with any Judicial Council form.)
On January 1, 2021, Plaintiff was injured as he used the Allen + Roth 16-in W 30000-BTU Brown Composite
Propane Gas Fire Column comprised of components, sold, distributed, deployed and/or manufactured by
Defendants. As Plaintiff used the subject Fire Column, suddenly and without warning, it malfunctioned and
exploded thereby causing Plaintiff to endure suffer injury and pain.
(if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1
Attachment are made under penalty of perjury.) (Add pages as required)
roves for Optional Use ATTACHMENT ‘wiew.courtinfo.ce.gov
Counc of
“M008Row uly 12008) to Judicial Council Form
CM-110
PLAINTIFF/PETITIONER: Dakota Massi ‘CASE NUMBER:
DEFENDANT/RESPONDENT:Lowe's Home Centers, LLC, et al. BCV-22-103400
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 lif 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 ail that apply): stipulation):
(&) Mediation session not yet scheduled
(] Mediation session scheduled for (date):
(1) Mediation Co [) 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 (1) Judicial arbitration scheduled for (date):
arbitration [1 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):
[J Private arbitration completed on (date):
[1] ADR session not yet scheduled
[1] ADR session scheduled for (date):
(6) Other (specify):
[1] Agreed to complete ADR session by (date):
[1 ADR completed on (date):
‘CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page
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CM-110
PLAINTIFF/PETITIONER: CASE NUMBER:
DEFENDANT/RESPONDENT:
11. Insurance
a. [__] Insurance carrier, if any, for party filing this statement (name).
b. Reservation of rights: [_] Yes [J 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. [[-] Amotion to ([) consolidate [) coordinate will 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
(1) 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. [5] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Written Discovery March-May 2024
Plaintiff Depositions June-August 2024
Plaintiff Expert Designation Per Code
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
(CM-110 (Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page
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CM-110
PLAINTIFF/PETITIONER: Dakota Massi CASE NUMBER:
DEFENDANT/RESPONDENT: Lowe's Home Centers, LLC, et al. BCV-22-103400
17. Economic litigation
a. [__] This is a limited civil case (i ., 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. [3¢] 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):
| 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: 1/23/2024
Nina Sargsyan, Esq.
(TYPE OR PRINT NAME)
> / Lf
Fy
Lue
wy
(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 S ofS
CASE MANAGEMENT STATEMENT
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES.
lam 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 910 S. Broadway Avenue,
Los Angeles, California 90015.
On January 23, 2024, served the foregoing document described as: PLAINTIFF’S CASE
MANAGEMENT STATEMENT, on said parties in this action as follows:
LEWIS BRISBOIS BISGAARD & SMITH LLP
LILLIAN C. HARWELL, SB# 311295
E-Mail: Lillian. Harwell@lewisbrisbois.com
NICOLETTE R. HOEKSTRA, SB# 322623
10
E-Mail: Nicolette. Hoekstra@lewisbrisbois.com
11 633 West 5th Street, Suite 4000
Los Angeles, California 90071
12 Telephone: 213.250.1800; Facsimile: 213.250.7900
Attorneys for Defendant, LOWE’S HOME CENTERS, LLC
13
14 [x] BY ELECTRONIC MAIL: I caused said document(s) to be transmitted to the
email address(es) of the addressee(s) designated pursuant to CCP § 1010.6. I declare under
15 penalty of perjury under the laws of the State of California that the above is true and correct.
16
I declare under penalty of perjury under the laws of the State of California that the
17 above is true and correct.
18 Executed on January 23, 2024, at Los Angeles, California.
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20 Woah Duran
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Noah Duran
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PROOF OF SERVICE