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  • WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL CONTRACT/WARRANTY document preview
  • WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL CONTRACT/WARRANTY document preview
  • WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL CONTRACT/WARRANTY document preview
  • WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL CONTRACT/WARRANTY document preview
  • WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL CONTRACT/WARRANTY document preview
  • WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL CONTRACT/WARRANTY document preview
  • WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL CONTRACT/WARRANTY document preview
  • WARWICK AMUSEMENTS CORPORATION, ET AL VS. APPLIED UNDERWRITERS, INC., A NEBRASKA CORPORATION ET AL CONTRACT/WARRANTY document preview
						
                                

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CM-110 “ATTORNEY OR PARTY WITHOUT ATTORNEY WNamme, Sate Bar humiber. arch adaress) FOR COURT USE ONLY JODI S. COHEN, CASB No. 151534 JENNIFER M. PORTER, CASB No. 261508 KEESAL, YOUNG & LOGAN 450 Pacific Avenue San Francisco, Cosa cod i 6 ELECTRONICALLY TELEPHONE NO: 415~ - FAX NO, (Optionay’ 415-981-013 E-MAIL ADDRESS (Optona): jodi. cohen@kyl .com/jennifer.porter@kyl.com FILED ATTORNEY FOR (Name) Defendant Willis of New York, Inc. ‘Superior Court of California, SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco eee street aopress. 400 McAllister Street 09/06/2016 MAILING ADDRESS: Clerk of the Court ciryanozip cove San Francisco, CA 94102 Sy ob ey erancn nave Unlimited Jurisdiction a PLAINTIFF/PETITIONERWARWICK AMUSEMENTS CORPORATION, et al, DEFENDANT/RESPONDENT:APPLIED UNDERWRITERS, INC., et al. CASE MANAGEMENT STATEMENT oe (Check one): x_| UNLIMITED CASE LIMITED CASE CGC-16-551614 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 21, 2016 Time: 10:30a.m. Dept.: 610 Div.: Room: Address of court (if different from the address above): X_] Notice of Intent to Appear by Telephone, by (name): Jennifer M. Porter INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. Lx] This statement is submitted by party (name):Defendant Willis of New York, Inc. 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): 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 X_} complaint L__] cross-complaint (Describe, including causes of action): Plaintiffs' First Amended Complaint pleads nine causes of action against the Defendants, three of which are against Willis. These are (1) Fraud and Misrepresentation, (2) Negligent Misrepresentation, and (3) Professional Negligence. Page tof erties Council ef Cslforha CASE MANAGEMENT STATEMENT Legal Cal Ru a Coes lutions” (GM-110 (Rev. July 1, 2071] Sol Dh Ce PlusCM-110 PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et _ | CASENUMBER: pal. ee DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al. |C6C~16-551614 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.) Plaintiffs claim that Willis was negligent and/or breached a standard of care allegedly owed to Plaintifs when it placed workers’ compensation insurance with the co-defendants as instructed to do so by Plaintiffs. Plaintiffs seek unspecified damages as a result of alleged defects in those policies. Willis denies Plaintiffs’ allegations in their entirety and contends that at all times it accurately and fully disclosed the particulars of the subject policy that Plaintiffs chose. Willis further contends that at all times it acted within any alleged applicable standard of care. Accordingly, Willis denies all liability. (__] (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 ajurytriat [_x_] 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. [x] 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): Unavailability: 12/5-9/2016 (trial), 12/26-30/2016 (vacation), 1/16-20/17 (arbitration); 2/9-14/2017 (vacation); 3/13-26/2017 (arbitration and work trip); 4/6-11/2017 (vacation); $/2-5/2017 (trial); 5/22-23/2017 (arbitration), 8/3-8/2017 (vacation) 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. [x] days (specify number): 5 - 7 Days b. [_] hours (short causes) (specify): 8, Trial representation (to be answered for each party) The party or parties will be represented at trial X_] 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 | 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) [__) 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): Serene tt aa CASE MANAGEMENT STATEMENT reeCM-110 PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et CASE NUMBER: 1. BeFeNonwTiRESPONDENT: APPLIED UNDERWRITERS, INC., et al. cGC-16-551614 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): (1) Mediation ix] = ox] aS Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation |__] Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration |__] Agreed to complete private arbitration by (date): [__] Private arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 3 of 5PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et CASE NUMBER. lal. DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al. CGC-16-551614 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. Status: Bankruptcy [__] Other (specify): 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: b. A motion to 14, Bifurcation 15. Other motions consolidate Additional cases are described in Attachment 13a. coordinate will be filed by (name party): Defendants are contemplating filing a Motion for Summary Judgment once initial discovery has been CM-110. (| 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): [x_] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): completed. 16. Discovery a. [|__| The party or parties have completed all discovery. b. Lx} The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Written Discovery Per Code Defendant Depositions Per Code Defendant Expert Discovery Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): M110 (Rev July 1, 2019] CASE MANAGEMENT STATEMENT Page 4 of 5CM-110 PLAINTIFF/PETITIONER: WARWICK AMUSEMENTS CORPORATION, et CASE NUMBER: |_al. DEFENDANT/RESPONDENT: APPLIED UNDERWRITERS, INC., et al. Cec-16-551614 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. [x _| 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: September p , 2016 00. Jennifer Porter » (TYPE OR PRINT NAME) URE OF PARTY OR ATTORNEY) > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [] Additional signatures are attached. GN-TOTRew. Jay, 2017 CASE MANAGEMENT STATEMENT Page osCase Name: Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et al. Case No.: CGC-16-551614 KYL File No.: 6189-112 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is Keesal, Young & Logan, 450 Pacific Avenue, San Francisco, California 94133. On September 6, 2016, I served the foregoing documents described as CASE MANAGEMENT STATEMENT on the parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: ROXBOROUGH, POMERANCE, NYE & Attorneys for Plaintiffs ADREANI, LLP Nicholas P, Roxborough, Esq. Joseph C. Gjonola, Esq. Ryan R. Salsig, Esq. Jaclyn D. Grossman, Esq. 5820 Canoga Avenue, Suite 250 Woodland Hills, California 91367 Telephone: (818)992-9999 Facsimile (818) 992-9991 Email: npr@rpnalaw.com jeg@rpnalaw.com rrs@rpnalaw.com jdg@rpnalaw.com THE LICHTENEGGER LAW OFFICE Attorneys for Plaintiffs Larry J. Lichtenegger, Esq. 3850 Rio Road, #58 Carmel, CA 93923 Telephone: (831) 626-2801 Facsimile: (831) 886-1639 Email: lawyer@mbay.net HINSHAW & CULBERTSON LLP Attorneys for Defendants Applied Underwriters, Travis Wall Inc.; Applied Underwriters Captive Risk One California Street, 18th Floor Assurance Company, Inc.; California Insurance San Francisco, CA 94111 Company; Continental Indemnity Insurance Telephone: (415) 743-3738 Company; Applied Risk Services Facsimile: (415) 434-2533 Email: twall@mail.hinshawlaw.com uw BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the above-named persons at the addresses exhibited therewith and (specify one): Oo I deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. uw I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this firm’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and lit Proof of Service KYL4812-2989-4968.1om nN a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case Name: Warwick Amusements Corporation, et al. v. Applied Underwriters, Inc., et al. Case No.: CGC-16-551614 KYL File No.: 6189-112 mailing, it is deposited in the ordinary course of business with the United States Postal Service, ina sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at San Francisco, California. Executed on September 6, 2016 at San Francisco, California. I declare under penalty of perjury under the laws of the State of California and United States of America that the foregoing is true and correct. 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. ‘ None MENCHIE GARCIA Proof of Service