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ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, State Bar number, and address): FOR COURT USE ONLY
David N. Barry, Esq. (SBN 219230)
11845 W. Olympic Blvd., Suite 1270
Los Angeles, CA 90064
TELEPHONE NO.(310) 684-5859 FAX NO. (310) 862-4539
E-MAIL ADDRESS
ATTORNEY FOR Plaintiff'Leonardo Gonzalez
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
STREET ADDREss:191 N. First Street
MAILING ADDRESS
cITY ANDzIP San Jose, CA 95113
BRANCH NAME:
Leonardo Gonzalez
FCA US, LLC et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
CASE MANAGEMENT CONFERENCE is scheduled as follows:
October 1, 2019 10:00 a.m.
Address of court(if different from the address above):
Notice of Intent to Appear by Telephone, by
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
This statement is submittedby party Plaintiff, Leonardo Gonzalez
This statement is submitted by parties
Complaint and cross-complaint (to be answered by plaintiffs
and cross-complainants only)
a. The complaint was filed on March 1, 2019
The cross-complaint, if any, was filed on
(to be answered by plaintiffs
and cross-complainants only)
All partiesnamed in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
The following parties named in the complaint or cross-complaint
have not been served (specify names and explain why not):
have been served but have not appeared and have not been dismissed (specify names):
have had a default entered againstthem (specify names):
The following additionalparties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Description of case
a. Type of case in (Describe, including causes of action):
Song-Beverly Warranty Act ("Lemon Law"). Breach of Implied warranty of merchantability under the
Song-Beverly Warranty Act. Breach of express warranty under the Song-Beverly Warranty Act. Negligent repair.
Page 1 of 5
Cal. Rules of Court,
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3. 720-3. 730
CM-110 [Rev. July 1, 2011]
CASE NUMBER
Leonardo Gonzalez
FCA US, LLC et al.
4. b. Provide a brief statement of the case,including any damages. personal injurydamages are sought, specifythe injuryand
damages claimed, including medical expenses to date [indicatesource and amount], estimated future medicalexpenses, Jost
earnings to date, and estimated future lost earnings.If equitablerelief is sought,
describe the nature of the relief.)
On or about June 29, 2016, Plaintiff purchased a new 2016 Dodge Challenger for a total consideration of
$49,973.24. On at least 7 occasions Plaintiff submitted the Vehicle for defects and malfunctions, specifically for
issues with Recall #41009, transmission failure, engine component failures, radiator failure, catalytic converter
air conditioning issues, battery issues, and check engine lights. Plaintiff seeks a repurchase of all monies
more space is needed, check this box and attach page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties
request a jury trial a nonjury trial. more than one party,provide the name of each party
jury trial):
Trial date
The trial has been set for
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
not, explain):
c. Dates on which partiesor attorneys will not be available
for trial
(specifydates and explain reasons for unavailability):
Estimated length of trial
The party or partiesestimate that the trial will take
(check one):
(specifynumber): Three to Five (3 to 5) Days
hours (short causes)
Trial representation (to be answered for each party)
The party or parties will be represented
at trial by the attorneyor 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.
This case is entitledto preference (specifycode section):
Alternative dispute resolution (ADR)
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 partiesrepresented by counsel: Counsel 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 not reviewed the ADR information package identifiedin rule 3.221.
Referral to judicialarbitration or civil action mediation (if available).
This matter is subjectto mandatory judicialarbitrationunder Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversydoes not exceed the
statutorylimit.
Plaintiff elects to refer this case to judicial
arbitrationand agrees to limit recoveryto the amount specifiedin Code of
Civil Procedure section 1141.11.
This case is exempt from judicialarbitrationunder rule 3.811 of the California
Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specifyexemption):
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
CASE NUMBER:
SHORT TITLE:
Gonzalez v. FCA US LLC
(This Attachment may be used with any Judicial Council form.)
expended, a loan payoff, and a civil penalty not to exceed two times actual damages plus fees and costs.
the item that this Attachmentconcerns is made under penalty of perjury,all statements in this
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use
Judicial Council of California
MC-025 [Rev. July 1, 2009] to Judicial Council Form
CASE NUMBER
Leonardo Gonzalez
FCA US, LLC et al.
Insurance carrier,if any, for party filing this statement
b. Reservation of rights:
Coverage issues will significantly
affect resolution
of this case
Indicate any matters that may affect the court's jurisdiction
or processing of this case and describe the status.
Related cases, consolidation, and coordination
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.
A motion to willbe filed by (name party):
The party or parties intend to file a motion for an order bifurcating,
severing,or coordinating the followingissues or causes of
(specify moving party, type of motion, and reasons):
Other motions
The party or parties expect to file the following
motions before trial (specify moving party, type of motion, and issues):
The party or partieshave completed all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
Written discovery Within 30 days
Deposition of various PMKs Within 30 days
The following discovery issues, including issues regarding the discovery of electronically
stored information,are
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CASE NUMBER:
Leonardo Gonzalez
FCA US, LLC et al.
10. c. Indicate the ADR process or processes that the party or parties are willing
to participatein, have agreed to participate
in, or
have already participatedin (check all that apply and providethe specifiedinformation):
The party or parties completing If the party or parties
completing this form in the case have agreed
this form are willing participatein or have already completed an ADR process or processes,
participatein the followingADR indicate the statusof the processes attach a copy of the parties' ADR
(check all that apply):stipulation):
Mediation session not yet scheduled
Mediation session scheduled for
(1) Mediation
Agreed to complete mediation by
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for
Agreed to complete settlement conference by
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for
(3) Neutral evaluation
Agreed to complete neutral evaluation by
Neutral evaluation completed on (date):
Judicialarbitrationnot yet scheduled
Nonbinding judicial Judicialarbitrationscheduled for
Agreed to complete judicialarbitrationby
Judicialarbitrationcompleted on (date):
Private arbitration
not yet scheduled
Binding private Private arbitration
scheduled for
Agreed to complete private arbitration
by
Private arbitration
completed on (date):
ADR session not yet scheduled
ADR session scheduled for
(6) Other
Agreed to complete ADR session by
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CASE NUMBER:
Leonardo Gonzalez
FCA US, LLC et al.
Economic litigation
This is a limited civil case
(i.e., the amountdemanded is $25,000 or less) and the economic litigation
procedures in Code
of Civil Proceduresections 90-98 will apply to this case.
This is a limited civil case and a motion to withdraw
the case from the economic litigation
procedures or for additional
discovery (if checked,
will be filed explain specificallywhy economic litigation procedures relating to discovery or trial
should not apply to this case):
Other issues
The party or parties
request that the following
additional matters be considered or determined at the case management
Meet and confer
The party or partieshave met and conferred with all parties
on all subjectsrequired 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
20. Total number of pages attached (if any):
I am completely familiar with this case and will be fully
prepared to discuss the status of and alternativedispute resolution,
as well as other issues raised by this statement,and willpossess the authority to enter these issues at the time of
the case management conference, includingthe writtenauthority of the party whererequirtd.
August 30, 2019
David N. Barry, Esq.
(TYPE OR PRINT NAME) (SIGNATURE OF
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
PROOF OF SERVICE
STATE OF CALIFORNIA
3 COUNTY OF SANTA CLARA
GONZALEZ V. FCA US LLC
I am employed in the County of Los Angeles, State of California. I am over the age of
eighteen (18) years and not a party to the within action; my business address is:11845 W. Olympic
7 Boulevard, Suite 1270, Los Angeles, CA 90064.
On September 2019, I served the following described as:
CASE MANAGEMENT STATEMENT
Service was made in the below ascribed manner, on the interested parties in this action by
placing a true copy thereof enclosed in a sealed envelope addressed to:
PLEASE SEE ATTACHED SERVICE LIST
I am "readily familiar" with the legal department's practice for collection and
processing of correspondence for mailing. It is deposited with the U.S. postal service on
that same day in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if the postal cancellation date or postage meter date is
more than one day after the date of deposit for mailing in affidavit.
(OVERNIGHT DELIVERY MAIL) I caused the above described document to be served on
the interested parties noted below by GSO Delivery Service in an envelope or package
designated by the express service carrier in a facility which is deposited with the GSO
Delivery Service in our building on the same day, in the ordinary course of business with
delivery fees paid or provided for.
(PERSONAL SERVICE) I caused the above described document to be personally served
on the interested parties noted below.
(BY FAX) I caused such document to be delivered by Facsimile (fax) to the offices of
the addressee.
(ST ATE) I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
Executed on September 2019, at Los
Chns Rugley
. SIGNATURE
PROOF OF SERVICE
SERVICE LIST
GONZALEZ V. FCA US LLC
Jon D. Universal, Esq. Attorneys for Defendant,
Universal & Shannon LLP FCA US LLC
2240 Douglas Boulevard, Suite 290
Roseville, California 95661
PROOF OF SERVICE
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY David N. Barry, Esq. (SBN 219230) 11845 W. Olympic Blvd., Suite 1270 Los Angeles, CA 90064 TELEPHONE NO.(310) 684-5859 FAX NO. (310) 862-4539 E-MAIL ADDRESS ATTORNEY FOR Plaintiff'Leonardo Gonzalez SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDREss:191 N. First Street MAILING ADDRESS cITY ANDzIP San Jose, CA 95113 BRANCH NAME: Leonardo Gonzalez FCA US, LLC et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE MANAGEMENT CONFERENCE is scheduled as follows: October 1, 2019 10:00 a.m. Address of court(if different from the address above): Notice of Intent to Appear by Telephone, by INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): This statement is submittedby party Plaintiff, Leonardo Gonzalez This statement is submitted by parties Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on March 1, 2019 The cross-complaint, if any, was filed on (to be answered by plaintiffs and cross-complainants only) All partiesnamed in the complaint and cross-complaint have been served, have appeared, or have been dismissed. The following parties named in the complaint or cross-complaint have not been served (specify names and explain why not): have been served but have not appeared and have not been dismissed (specify names): have had a default entered againstthem (specify names): The following additionalparties may be added (specify names, nature of involvement in case, and date by which they may be served): Description of case a. Type of case in (Describe, including causes of action): Song-Beverly Warranty Act ("Lemon Law"). Breach of Implied warranty of merchantability under the Song-Beverly Warranty Act. Breach of express warranty under the Song-Beverly Warranty Act. Negligent repair. Page 1 of 5 Cal. Rules of Court, Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT rules 3. 720-3. 730 CM-110 [Rev. July 1, 2011] CASE NUMBER Leonardo Gonzalez FCA US, LLC et al. 4. b. Provide a brief statement of the case,including any damages. personal injurydamages are sought, specifythe injuryand damages claimed, including medical expenses to date [indicatesource and amount], estimated future medicalexpenses, Jost earnings to date, and estimated future lost earnings.If equitablerelief is sought, describe the nature of the relief.) On or about June 29, 2016, Plaintiff purchased a new 2016 Dodge Challenger for a total consideration of $49,973.24. On at least 7 occasions Plaintiff submitted the Vehicle for defects and malfunctions, specifically for issues with Recall #41009, transmission failure, engine component failures, radiator failure, catalytic converter air conditioning issues, battery issues, and check engine lights. Plaintiff seeks a repurchase of all monies more space is needed, check this box and attach page designated as Attachment 4b.) Jury or nonjury trial The party or parties request a jury trial a nonjury trial. more than one party,provide the name of each party jury trial): Trial date The trial has been set for 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 not, explain): c. Dates on which partiesor attorneys will not be available for trial (specifydates and explain reasons for unavailability): Estimated length of trial The party or partiesestimate that the trial will take (check one): (specifynumber): Three to Five (3 to 5) Days hours (short causes) Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorneyor 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. This case is entitledto preference (specifycode section): Alternative dispute resolution (ADR) 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 partiesrepresented by counsel: Counsel 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 not reviewed the ADR information package identifiedin rule 3.221. Referral to judicialarbitration or civil action mediation (if available). This matter is subjectto mandatory judicialarbitrationunder Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversydoes not exceed the statutorylimit. Plaintiff elects to refer this case to judicial arbitrationand agrees to limit recoveryto the amount specifiedin Code of Civil Procedure section 1141.11. This case is exempt from judicialarbitrationunder rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specifyexemption): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CASE NUMBER: SHORT TITLE: Gonzalez v. FCA US LLC (This Attachment may be used with any Judicial Council form.) expended, a loan payoff, and a civil penalty not to exceed two times actual damages plus fees and costs. the item that this Attachmentconcerns is made under penalty of perjury,all statements in this Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of California MC-025 [Rev. July 1, 2009] to Judicial Council Form CASE NUMBER Leonardo Gonzalez FCA US, LLC et al. Insurance carrier,if any, for party filing this statement b. Reservation of rights: Coverage issues will significantly affect resolution of this case Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Related cases, consolidation, and coordination 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. A motion to willbe filed by (name party): The party or parties intend to file a motion for an order bifurcating, severing,or coordinating the followingissues or causes of (specify moving party, type of motion, and reasons): Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): The party or partieshave completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): Written discovery Within 30 days Deposition of various PMKs Within 30 days The following discovery issues, including issues regarding the discovery of electronically stored information,are CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CASE NUMBER: Leonardo Gonzalez FCA US, LLC et al. 10. c. Indicate the ADR process or processes that the party or parties are willing to participatein, have agreed to participate in, or have already participatedin (check all that apply and providethe specifiedinformation): The party or parties completing If the party or parties completing this form in the case have agreed this form are willing participatein or have already completed an ADR process or processes, participatein the followingADR indicate the statusof the processes attach a copy of the parties' ADR (check all that apply):stipulation): Mediation session not yet scheduled Mediation session scheduled for (1) Mediation Agreed to complete mediation by Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for Agreed to complete settlement conference by Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (3) Neutral evaluation Agreed to complete neutral evaluation by Neutral evaluation completed on (date): Judicialarbitrationnot yet scheduled Nonbinding judicial Judicialarbitrationscheduled for Agreed to complete judicialarbitrationby Judicialarbitrationcompleted on (date): Private arbitration not yet scheduled Binding private Private arbitration scheduled for Agreed to complete private arbitration by Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (6) Other Agreed to complete ADR session by ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CASE NUMBER: Leonardo Gonzalez FCA US, LLC et al. Economic litigation This is a limited civil case (i.e., the amountdemanded is $25,000 or less) and the economic litigation procedures in Code of Civil Proceduresections 90-98 will apply to this case. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery (if checked, will be filed explain specificallywhy economic litigation procedures relating to discovery or trial should not apply to this case): Other issues The party or parties request that the following additional matters be considered or determined at the case management Meet and confer The party or partieshave met and conferred with all parties on all subjectsrequired 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 20. Total number of pages attached (if any): I am completely familiar with this case and will be fully prepared to discuss the status of and alternativedispute resolution, as well as other issues raised by this statement,and willpossess the authority to enter these issues at the time of the case management conference, includingthe writtenauthority of the party whererequirtd. August 30, 2019 David N. Barry, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT PROOF OF SERVICE STATE OF CALIFORNIA 3 COUNTY OF SANTA CLARA GONZALEZ V. FCA US LLC I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and not a party to the within action; my business address is:11845 W. Olympic 7 Boulevard, Suite 1270, Los Angeles, CA 90064. On September 2019, I served the following described as: CASE MANAGEMENT STATEMENT Service was made in the below ascribed manner, on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed to: PLEASE SEE ATTACHED SERVICE LIST I am "readily familiar" with the legal department's practice for collection and processing of correspondence for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. (OVERNIGHT DELIVERY MAIL) I caused the above described document to be served on the interested parties noted below by GSO Delivery Service in an envelope or package designated by the express service carrier in a facility which is deposited with the GSO Delivery Service in our building on the same day, in the ordinary course of business with delivery fees paid or provided for. (PERSONAL SERVICE) I caused the above described document to be personally served on the interested parties noted below. (BY FAX) I caused such document to be delivered by Facsimile (fax) to the offices of the addressee. (ST ATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 2019, at Los Chns Rugley . SIGNATURE PROOF OF SERVICE SERVICE LIST GONZALEZ V. FCA US LLC Jon D. Universal, Esq. Attorneys for Defendant, Universal & Shannon LLP FCA US LLC 2240 Douglas Boulevard, Suite 290 Roseville, California 95661 PROOF OF SERVICE