Preview
CM-110
[ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER 190640 "OR COURT USE ONLY
NAME: Monica M. Robles, Esq.
FIRMNAME: ROBLES-MUZINICH, APC
STREET ADDRESS: 308 E. Carrillo Street
cry: Santa Barbara STATE: CA ZIPCODE 93101
TELEPHONE NO. (805) 966-9696 FAXNO.: (805) 919-5254
EMAIL ADDRESS monica@monicarobles.com
ATTORNEY FOR (name): Plaintiff, FABIAN ESTRADA
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS: 1100 Anacapa Street
MAILING ADDRESS: 1100 Anacapa Street
city AND ZIP CODE: Santa Barbara, CA 93121-1107
BRANCH NAME: Anacapa Division
PLAINTIFF/PETITIONER: FABIAN ESTRADA
DEFENDANT/RESPONDENT: GERALD HELTON
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [X] UNLIMITED CASE (] Limite case 23CV05543
(Amount demanded (Amount demanded is $35,000
exceeds $35,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: April 17, 2024 Time: 8:30 a.m. Dept.: SB3 Div.: Room
|Address of court (if different from the address above):
IX] Notice of Intent to Appear by Telephone, by (name): Monica M. Robles, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. [XJ This statement is submitted by party (name): Plaintiff, FABIAN ESTRADA
b. [__] This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. 12/14/2023
The complaint was filed on (date):
b. [__] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. [X] 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) [J 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):
Description of case
a Type of casein [XX] complaint (©) cross-complaint (Describe, including causes of action):
Motor Vehicle - Personal injury, Property Damage, General Negligence and Negligence per se.
Page 1 of §
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court,
Judicial Council of California rules 3.720-3.730
(CM-110 (Rev. January 1, 2024)
CM-110
PLAINTIFF/PETITIONER: FABIAN ESTRADA CASE NUMBER:
DEFENDANT/RESPONDENT: GERALD HELTON 23CV05543
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):
This is an automobile v. automobile accident. Plaintiff was rear-ended by defendant in Goleta, California. Plaintiffs current
medical specials are in excess of $26,500.00.
(1) (if more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request [CD a jury trial (51 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. [3X] 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. [3X2] days (specify number): 5
b. [1] hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [321 by the attorney or party listed in the caption (1) by the following:
a. Attorney:
b Firm:
¢. Address:
d. Telephone number: f. Fax number:
e. Email 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 [—] has [1 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.
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):
(M110 [Rev. January
1, 2024] Page 20f 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: FABIAN ESTRADA CASE NUMBER:
DEFENDANT/RESPONDENT: GERALD HELTON 23CV05543
10. c. In the table below, 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 ail 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
Ithis 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 oy (J Agreed to complete mediation by (date):
{-] Mediation completed on (date):
[31 Settlement conference not yet scheduled
(2) Settlement [) Settlement conference scheduled for (date):
conference [) Agreed to complete setttement conference by (date):
[-] Settlement conference completed on (date):
[) Neutral evaluation not yet scheduled
[J Neutral evaluation scheduled for (date):
(3) Neutral evaluation
[1 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 [1 Agreed to complete judicial arbitration by (date):
[] Judicial arbitration completed on (date):
[1 Private arbitration not yet scheduled
(5) Binding private [] Private arbitration scheduled for (date):
arbitration [1 Agreed to complete private arbitration by (date):
[1] 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):
[4] ADR completed on (date):
(CM-110 [Rev. January 1, 2024) Page Sot §
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: FABIAN ESTRADA CASE NUMBER:
DEFENDANT/RESPONDENT: GERALD HELTON 23CV05543
11. Insurance
a. [_] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [[—] Yes [=] No
¢. [_] 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:
43, 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 [1 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 panty 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. [3] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Written Discovery Ongoing
Plaintiff Deposition of Plaintiff 05/20/2024
Plaintiff Expert Witnesses Per Code
c. [] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Page
4 of 6
(CM-110 (Rev. January 1, 2024] CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: FABIAN ESTRADA CASE NUMBER:
DEFENDANT/RESPONDENT: GERALD HELTON 23CV05543
17. Economic litigation
a. [] This is a limited civil case (i.e., the amount demanded is $35,000 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):
8, Other issues
(Xd) The Party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
Plaintiffs deposition is scheduled for May 20, 2024 and discovery is ongoing. We request a 90-120 day continuance and
referral to mediation.
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): 0
| 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: March 28, 2024
Monica M. Robles, 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. January
1, 2024) CASE MANAGEMENT STATEMENT Page Sof S
PROOF OF SERVICE BY MAIL
(California Code of Civil Procedure, §§1013a, 2015.5)
STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA:
Iam a resident of the county aforesaid; I am over the age of eighteen years and not a party to the
within entitled action; my business address is 308 E. Carrillo Street, Santa Barbara, California 93101.
I am readily familiar with the business practices at my place of business for collection and
processing of correspondence for mailing with the United States Postal Service. Correspondence so
collected and processed is deposited with the United States Postal Service that same day in the regular
course of business.
On March 28, 2024, I served the within CASE MANAGEMENT STATEMENT on the interested
parties in said action.
10
[ X ] By electronic service: to the e-mail address(es) listed as follows:
11
Jessica Saldo, Esq.
12
MARK R. WEINER & ASSOCIATES
13: 655 North Central Avenue, 12" Floor
Glendale, CA 91203
14 Cali.law-Glendale@StateFarm.com
15
[ ] By placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in
16 the United States mail at Santa Barbara, California, addressed as follows:
17 U] I caused such envelope to be transmitted by facsimile and placed in an envelope with postage
thereon fully prepaid in the United States mail at Santa Barbara, California addressed as follows:
18
19 {] I caused such envelope to be delivered by hand to the offices of the addresses as follows:
20 I declare, under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
21
22 Executed on March 28, 2024, at Santa Barbara, California.
23
24 Lt
Erica Hurtado
25 (Print Name) (Signature)
26
27
28
CASE MANAGEMENT STATEMENT
Preview
CM-110 [ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER 190640 "OR COURT USE ONLY NAME: Monica M. Robles, Esq. FIRMNAME: ROBLES-MUZINICH, APC STREET ADDRESS: 308 E. Carrillo Street cry: Santa Barbara STATE: CA ZIPCODE 93101 TELEPHONE NO. (805) 966-9696 FAXNO.: (805) 919-5254 EMAIL ADDRESS monica@monicarobles.com ATTORNEY FOR (name): Plaintiff, FABIAN ESTRADA SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 1100 Anacapa Street MAILING ADDRESS: 1100 Anacapa Street city AND ZIP CODE: Santa Barbara, CA 93121-1107 BRANCH NAME: Anacapa Division PLAINTIFF/PETITIONER: FABIAN ESTRADA DEFENDANT/RESPONDENT: GERALD HELTON CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [X] UNLIMITED CASE (] Limite case 23CV05543 (Amount demanded (Amount demanded is $35,000 exceeds $35,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 17, 2024 Time: 8:30 a.m. Dept.: SB3 Div.: Room |Address of court (if different from the address above): IX] Notice of Intent to Appear by Telephone, by (name): Monica M. Robles, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. [XJ This statement is submitted by party (name): Plaintiff, FABIAN ESTRADA b. [__] This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. 12/14/2023 The complaint was filed on (date): b. [__] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. [X] 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) [J 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): Description of case a Type of casein [XX] complaint (©) cross-complaint (Describe, including causes of action): Motor Vehicle - Personal injury, Property Damage, General Negligence and Negligence per se. Page 1 of § Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court, Judicial Council of California rules 3.720-3.730 (CM-110 (Rev. January 1, 2024) CM-110 PLAINTIFF/PETITIONER: FABIAN ESTRADA CASE NUMBER: DEFENDANT/RESPONDENT: GERALD HELTON 23CV05543 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): This is an automobile v. automobile accident. Plaintiff was rear-ended by defendant in Goleta, California. Plaintiffs current medical specials are in excess of $26,500.00. (1) (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request [CD a jury trial (51 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. [3X] 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. [3X2] days (specify number): 5 b. [1] hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [321 by the attorney or party listed in the caption (1) by the following: a. Attorney: b Firm: ¢. Address: d. Telephone number: f. Fax number: e. Email 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 [—] has [1 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. 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): (M110 [Rev. January 1, 2024] Page 20f 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: FABIAN ESTRADA CASE NUMBER: DEFENDANT/RESPONDENT: GERALD HELTON 23CV05543 10. c. In the table below, 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 ail 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 Ithis 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 oy (J Agreed to complete mediation by (date): {-] Mediation completed on (date): [31 Settlement conference not yet scheduled (2) Settlement [) Settlement conference scheduled for (date): conference [) Agreed to complete setttement conference by (date): [-] Settlement conference completed on (date): [) Neutral evaluation not yet scheduled [J Neutral evaluation scheduled for (date): (3) Neutral evaluation [1 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 [1 Agreed to complete judicial arbitration by (date): [] Judicial arbitration completed on (date): [1 Private arbitration not yet scheduled (5) Binding private [] Private arbitration scheduled for (date): arbitration [1 Agreed to complete private arbitration by (date): [1] 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): [4] ADR completed on (date): (CM-110 [Rev. January 1, 2024) Page Sot § CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: FABIAN ESTRADA CASE NUMBER: DEFENDANT/RESPONDENT: GERALD HELTON 23CV05543 11. Insurance a. [_] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [[—] Yes [=] No ¢. [_] 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: 43, 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 [1 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 panty 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. [3] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Discovery Ongoing Plaintiff Deposition of Plaintiff 05/20/2024 Plaintiff Expert Witnesses Per Code c. [] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Page 4 of 6 (CM-110 (Rev. January 1, 2024] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: FABIAN ESTRADA CASE NUMBER: DEFENDANT/RESPONDENT: GERALD HELTON 23CV05543 17. Economic litigation a. [] This is a limited civil case (i.e., the amount demanded is $35,000 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): 8, Other issues (Xd) The Party or parties request that the following additional matters be considered or determined at the case management conference (specify): Plaintiffs deposition is scheduled for May 20, 2024 and discovery is ongoing. We request a 90-120 day continuance and referral to mediation. 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): 0 | 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: March 28, 2024 Monica M. Robles, 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. January 1, 2024) CASE MANAGEMENT STATEMENT Page Sof S PROOF OF SERVICE BY MAIL (California Code of Civil Procedure, §§1013a, 2015.5) STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA: Iam a resident of the county aforesaid; I am over the age of eighteen years and not a party to the within entitled action; my business address is 308 E. Carrillo Street, Santa Barbara, California 93101. I am readily familiar with the business practices at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the regular course of business. On March 28, 2024, I served the within CASE MANAGEMENT STATEMENT on the interested parties in said action. 10 [ X ] By electronic service: to the e-mail address(es) listed as follows: 11 Jessica Saldo, Esq. 12 MARK R. WEINER & ASSOCIATES 13: 655 North Central Avenue, 12" Floor Glendale, CA 91203 14 Cali.law-Glendale@StateFarm.com 15 [ ] By placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in 16 the United States mail at Santa Barbara, California, addressed as follows: 17 U] I caused such envelope to be transmitted by facsimile and placed in an envelope with postage thereon fully prepaid in the United States mail at Santa Barbara, California addressed as follows: 18 19 {] I caused such envelope to be delivered by hand to the offices of the addresses as follows: 20 I declare, under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 22 Executed on March 28, 2024, at Santa Barbara, California. 23 24 Lt Erica Hurtado 25 (Print Name) (Signature) 26 27 28 CASE MANAGEMENT STATEMENT