Preview
CM-110
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). ‘FOR COURT USE ONLY
Robert A. Wilks, Esq. California Bar No.: 47,256
1801 E. ParkCourt Place, Suite F-102, Santa Ana, CA 92701
TeLeHone no.: (714) 838-2830 FAX NO. (Optional: (714) 838-5990 ELECTRONICALLY
E-MAIL ADDRESS (Optional): F I LE D
ATTORNEY FOR (Name): THE HERTZ CORPORATION Superior Court of Caitfornia,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO County of San Francisco
street aporess: 400 McAllister Street 01/27/2017
MAILING ADDRESS: Clerk of the Court
ciry AND zP cove: San Francisco, CA 94102 TIT pehiy cise
BRANCH NAME: CIVIL DIVISION
PLAINTIFF/PETITIONER: THE HERTZ CORPORATION, a Corporation
DEFENDANT/RESPONDENT: Denise Johnson, an Individual
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [_] UNLIMITED CASE CZ uimitep case CGC-16-554972
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 2/22/2017 Time: 10:30 a.m. Dept.: 610 Div.: Room:
Address of court (if different from the address above):
[] Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1, Party or parties (answer one):
a. LZ] This statement is submitted by party (name): THE HERTZ CORPORATION
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): 10/21/2016
b. [--] The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a [2 at parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [2] The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) v have been served but have not appeared and have not been dismissed (specify names):
Denise Johnson
(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. Typeofcasein Lv] complaint Co cross-compiaint (Describe, including causes of action):
Breach of contract. First cause of action for breach of contract; second cause of action for negligence; third
cause of action for breach of bailment.
page 1 of
Forrdeat Councier Galtoria CASE MANAGEMENT STATEMENT al Rules of Cut,
‘CM-110 (Rev. July 1, 2014] www .courts.ca.govCM-110
PLAINTIFF/PETITIONER: THE HERTZ CORPORATION, a Corporation CASE NUMBER,
| 7 CGC-16-554972
DEFENDANT/RESPONDENT: Denise Johnson, an Individual
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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff seeks to recover damages it suffered to its rental vehicle while in the exclusive use and control of
defendant. Defendant has failed to remit the total loss amount rental vehicle in the amount of $15,799.00, or the
costs of towing and storage in the amount of $1,152.25, or administrative fees in the amount of $117.37, fora
total loss amount suffered by Plaintiff in the amount of $17,068.62.
[) (tfmore space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request ajury trial (2) anonjury 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. [I 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):
b. [7] hours (short causes) (specify): 4 Hours
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 for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel LY] 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.
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 ‘ode 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) [1] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
one Tee eer 1 4 CASE MANAGEMENT STATEMENT Pee etsCM-110
PLAINTIFF/PETITIONER: THE HERTZ CORPORATION, a Corporation er
EFENDANT/RESPONDENT: Der CGC-16-554972
Johnson, an In ual
10. ¢. 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
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):
(1) Mediation
(2) Settlement
conference
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(@) Neutral ati Neutral evaluation scheduled for (dafe):
jeutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
(4) Nonbinding judicial
arbitration
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):
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ADR completed on (date):
CN-110 [Rev. July 1, 2011) Pages of 5
CASE MANAGEMENT STATEMENTPLAINTIFF/PETITIONER: THE HERTZ CORPORATION, a Corporation Set
. =i CGC-16-554972
DEFENDANT/RESPONDENT: Denise Johnson, an Individual
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.
[4 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. [J Amotionto [-_] consolidate © [_] coordinate
will be filed by (name party):
14. Bifurcation
[5 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
(4 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.
(4) The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Form Interrogatories TBD
Plaintiff Special Interrogatories TBD
Plaintiff Request for Admissions TBD
Plaintiff Production of Documents TBD
Plaintiff Deposition TBD
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
(CM-110 [Rev. July 4, 2011}
CASE MANAGEMENT STATEMENT Page 4 of §CM-110
PLAINTIFF/PETITIONER: THE HERTZ CORPORATION, a Corporation CASE NUMBER:
-16-55497:
in Individual Seeesti2
DEFENDANT/RESPONDENT: _ Denise Johnsor
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):
Defendant has been served, but has not filed an Answer to Plaintiffs Complaint as of this date.
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):
1am completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative 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 27, 2017
Robert A. Wilks, Esq. > a Ls bli,
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
wo
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CHe410 Rev. duty 4, 2011] CASE MANAGEMENT STATEMENT pretoePROOF OF SERVICE
Iam a citizen of the United States, over the age of 18 years, and not a party to the within action. ] am an employee of or agent for
the Law Offices of Robert A. Wilks & Associates, whose business address is 1801 E. ParkCourt Place, Suite F-102, Santa Ana, CA 92701.
On January 27, 2017, I served a true and correct copy of Case Management Statement on:
Denise Johnson
55 Bertha Ln.
San Francisco, CA 94124
(Xx) MAIL. I deposited such envelope in the mail at Santa Ana, California. The envelope was mailed with postage thereon fully
prepaid.
(xX) AS FOLLOWS. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing.
Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date of postage meter date is more than one day after date of deposit for mailing in affidavit.
() BY ELECTRONIC SERVICE. Submitting an electronic version of documents via file transfer protocol (FTP) on Case
Home Page through the upload feature at www.casehomepage.com.
() BY PERSONAL SERVICE. I delivered such envelope by hand to the offices of the addressee via personal service.
() BY OVERNIGHT DELIVERY, I caused a true copy of each document, placed in a sealed self-addressed, pre-paid
envelope, to be deposited in a box regularly maintained by Federal Express or Overnight Express, I am readily familiar with this firm's
practice for collection and processing of documents for overnight delivery and know that in the ordinary course of The Law Offices of
Robert A. Wilks & Associates business practice the document(s) described above will be deposited in a box or other facility regularly
maintained by Federal Express or Overnight Express or delivered to a courier or driver authorized by Federal Express or Overnight Express
or receive documents on the same date it is placed at The Law Offices of Robert A. Wilks & Associates for Collection.
() BY FACSIMILE. By use of facsimile machine number (714) 838-5990, I served a copy of the within document(s) on the
above interested parties at the facsimile number(s) listed above. The transmission was reported as complete and without error. The
transmitting facsimile machine properly issued the transmission report.
(x) STATE. I declare under penalty of perjury under the Laws of the State of California that the above is true and correct.
() FEDERAL. I declare that I am employed in the office of a member of the bar of this Court at whose direction the service
was made.
(CK REIHL
DATED: January 27, 2017