Preview
CM-110
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, end adtresSETAREH LAW GROUP FOR COURT USE ONLY
Shaun Setareh (SBN 204514) ; William M. Pao (SBN 219846)
315 S Beverly Drive, Suite 315
Beverly Hills, California 90212
TELEPHONE NO. 310-888-7771 FAX NO. (Optional): 310-888-0109
E-MAIL ADDRESS (Optionay: Shaun@setarehlaw.com; william@setarehlaw.com
ATTORNEY FOR (Name): Plaintiff Kevin Tyler
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
‘stReET Aopress: 191 North First Street
MAILING ADDRESS:
City AND ZIP CODE: San Jose, California
BRANCH NAME: Downtown Superior Court
PLAINTIFF/PETITIONER: Kevin Tyler
DEFENDANT/RESPONDENT: Western Management, LLC
CASE MANAGEMENT STATEMENT ‘CASE NUMBER:
(Check one): UNLIMITED CASE [) imirep case 17CV319893
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: June 4, 2019 Time: 10:00 AM Dept: 13 Div.: Room:
Address of court (if different from the address above):
[4] Notice of Intent to Appear by Telephone, by (name): Shaun Setareh
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Peary or parties (answer one):
This statement is submitted by party (name): Plaintiff Kevin Tyler
S [1 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): 11/30/2017
b. [) The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a 4 al 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) [1 have not been served (specify names and explain why not):
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) [1 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 complaint [1 cross-complaint (Describe, including causes of action):
Class Action for violations of the Labor Code as well as state and federal credit reporting act.
Page 10f5
Form Adored, Mendon Use CASE MANAGEMENT STATEMENT ee ST OIG
‘CM-110 (Rev. July 1, 2014] www.courts.ca.govCM-110
‘CASE NUMBER:
PLAINTIFF/PETITIONER: Kevin Tyler
17CV319893
DEFENDANT/RESPONDENT: Western Management, LLC
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.)
Violations of the labor code including failure to provide meal and rest breaks, pay all hourly wages, provide
accurate wage statements, timely pay all wages owed at termination, as well as violations of the Federal and
State
Co (lf 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
requesting a jury trial):
(2) ajury trial (J) anonjury trial. (fF more than one party, provide the name of each party
6. Trial date
a. [J The trial has been set for (date):
b. [41 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):
The Parties have a mediation scheduled for May 22, 2019.
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. [4] days (specify number): 7-10
b. [] hours (short causes) (specify):
8. Trial representation (fo be answered for each party)
The party or parties will be represented at trial [4] 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:
[1 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 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 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.
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):
CRC 3.811(b)(6)
TO Rev. Hay 1.2077 CASE MANAGEMENT STATEMENT Page 20r8
eatCM-110
| PLAINTIFF/PETITIONER: Kevin Tyler
DEFENDANT/RESPONDENT: Western Management, LLC
[CASE NUMBER:
170319893
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
this form are willing to
participate in the following ADR
processes (check all that apply):
If the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties' ADR
Stipulation):
oo
(1) Mediation
Mediation session not yet scheduled
Mediation session scheduled for (date): May 22, 2019
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
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Other (specify):
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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 7, 2017]
Page 30f5
CASE MANAGEMENT STATEMENT_CM-110
PLAINTIFF/PETITIONER: Kevin Tyler CASE NUMBER:
= 17CV319893
DEFENDANT/RESPONDENT: Western Management, LLC
11, Insurance
a. [_] Insurance carrer, if any, for party filing this statement (name):
b. Reservation of rights: [7_] 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.
[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. [-]Amotionto [[_] consolidate [[_] coordinate ——_will be filed by (name party):
14. Bifurcation
[J 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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
If the parties do not settle at mediation, Plaintiff intends to file a Motion for Class Certification
16. Discovery
a. [_] The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Kevin Tyler Written Discovery Per Code
Plaintiff Kevin Tyler Depositions Per Code
Plaintiff Kevin Tyler Expert Discovery Per Code
c¢. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
M10 Rev. ly 1.2041 CASE MANAGEMENT STATEMENT Page ofCM-110
PLAINTIFF/PETITIONER: Kevin Tyler CASE NUMBER:
- 17CV319893
DEFENDANT/RESPONDENT: Western Management, LLC
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
[5 the party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
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):
| 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: May 20, 2019
Alexandra R. Mcintosh > [Lx “Ws
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
»
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached.
CHTTO Rev. Jay 1, 2077) CASE MANAGEMENT STATEMENT 720
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PROOF OF SERVICE
lam a citizen of the United States and am employed in the County of Los Angeles, State
of California. I am over the age of 18 and not a party to the within action. My business address
is 315 South Beverly Drive, Suite 315 Beverly Hills, CA 90212.
On May 21, 2019, I served the foregoing documents described as:
CASE MANAGEMENT STATEMENT
in this action by transmitting a true copy thereof enclosed in a sealed envelope addressed as
follows:
Jennifer E. Duggan Esq. David J. Kaminski Esq.
Susanna R. Matingou Esq. Stephan A. Watkins Esq.
Duggan Law Corporation CARLSON & MESSER, LLP
641 Fulton Av. Suite 200 9847 Airport Blvd. Suite 1200
Sacramento, CA 95825 Los Angeles, CA 90045
Counsel for Defendant Western Counsel for Defendant Western
Management, LLC Management, LLC
[xX] BY MAIL
lam readily familiar with the practice of Setareh Law Group for the collection and
processing of correspondence for mailing with the United States Postal Service. It is the
practice that correspondence is deposited with United States Postal Service the same day it is
submitted for mailing with postage thereon fully prepaid at Beverly Hills, California. Iam
aware that on motion of the party served, service is presumed invalid if postal cancellation date
or postage meter date is more than one day after date of deposit for mailing in affidavit.
[X]_ STATE I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
Executed on May 21, 2019, at Beverly Hills, California.
ANITA FERNANDEZ
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PROOF OF SERVICE