Preview
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
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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