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  • Claudia Jimenez vs Fung Leung Auto Unlimited (22)  document preview
  • Claudia Jimenez vs Fung Leung Auto Unlimited (22)  document preview
  • Claudia Jimenez vs Fung Leung Auto Unlimited (22)  document preview
  • Claudia Jimenez vs Fung Leung Auto Unlimited (22)  document preview
						
                                

Preview

P Chit-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number. and address)D rake Law Firm FORAGOQFfiT USEEQN’LXV Mia Hnnn. a. (SEN 308035)’ 15456 Ventura Blvd, Suite 304, Reniamin Drake a (SRN' 943907) Sherman Oaks, CA 91403 “ $77041.' ‘7"?) ‘ TELEPHONEno: (213) 381 -1 156 888 - FAX No, (Optional): 340 - 6488 pi ,: , E—MAILADDRESS (Optional): ~ I Plaintiff, CLAUDIA JIMENEZ AYTORNEY FOR (Name): K) SUPERIOR coum’ 0F CALIFORNiA, COUNTY or SAN crows STREETADDRESS:191 NOl’tI‘i First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: San Jose Courthouse PLAINTIFF/PETETIONER: CLAUDIA JIMENEZ DEFENDANT/RESPONDENT: FUNG GERTRUDE LEUNG CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE (Amount demanded I:I LIMITED CASE (Amount demanded is $25,000 160V304467 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: , Date: December 5‘ 2017 Time: 10:00am Dept: 8 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Mia Hong, Esq. INSTRUCTIONS: All applicable boxes must be checked. and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiff, CLAUDIA JIMENEZ b. I::I This statement is submitted jointly by parties (names): 1* 2. Complaint and cross—complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): December 28, 2016 b. I:I 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. CI b. (1) I: The following parties named in the complaint or cross-complaint have not been served (specify names and explain why not): (2) C: have been served but have not appeared and have not been dismissed (specify names): (3) C: have had a default entered against them (specify names): c. D 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 3- Type Of case I" complaint I:I cross-complaint (Describe, including causes of action): Pedestrian v. Auto Page1at 5 Form Adopted for Mandatory Use Judicial Council oi California CASE MANAGEMENT STATEMENT Cal. Rules oi Court. rules 3120—3730 CM-110 (Revs July 1. 2011] www.counstcagov ‘ PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CLAUDIA JIMENEZ FUNG GERTRUDE LEUNG CASENWBER: tecV304467 CM-‘HO 4. b. Provide a brief statement of the case, including any damages. (lf personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date findicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. lf equitable relief is sought, describe the nature of the relief.) Plaintiff was walking south bound on Kiely Boulevard across the intersection of Stevens Creek Boulevard in the designated cross walk when she was struck by defendant traveling East bound on Stevens Creek Boulevard in the number three lane. Plaintiff broke her right leg and injured her neck, back and right elbow. Her medical bills are approximately $426,516.61 and she is continuing treatment for her injuries. :3 (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 a jury trial[:1 a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [:3 The trial has been set for (date): b. 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): 7‘10 b. [:3 hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial a. Attorney: :3 by the attorney or party listed in the caption by the following: b. Firm: c. Address: d. Telephone number: i. Fax number: e. E-mail address: 9. Party represented: [:1 Additional representation is described in Attachment 8. 9. Preference 1:] 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 i: has not to the client and reviewed ADR options with the client. in rule 3.221 provided the ADR information package identified (2) For self-represented parties: Party [:3 has [:1 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 1:] This matter is sub‘ect 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 imit. (2) [:I 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 Catifomia Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): WWW My 1 2°"! CASE MANAGEMENT STATEMENT New CM-110 PLAINTIFF/PETlTlONER: CASE NUMBER: CLAUDIA JIMENEZ DEFENDANT/RESPONDENT: 160V304467 FUNG GERTRUDE LEUNG 10. 0. 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation DUDE Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement conference )2 UDDD Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation [:1 DUDE! Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial arbitration E] DUDE] Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private arbitration a DUDE Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): E] DUDE] ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (SM-110 (Rev. July 1t 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT PLAINTIFF/PETITIONER: CLAUDIA JIMENEZ CASE NUMBER: cm 160V304467 DEFENDANT/RESPONDENT: FUNG GERTRUDE LEUNG 11. Insurance a. [:1 insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [:1 Yes [:1 No c. {:1 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. [:3 Bankruptcy 1:: Other (specify): Status: 13.Related cases, consolidation, and coordination a. C] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: E Additional cases are described in Attachment 13a. b, [:1 Amotion to I:] consolidate i:] coordinate will be filed by (name party): 14.Bifurcation E] The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specifymoving party, type of motion, and reasons): 15.Other motions [:3 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery at. b. [:i The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description 9333 Plaintiff Written Discovery February 2017 Plaintiff Deposition February 2017 Plaintiff Expert Depositions Pursuant to Code c. [:1 The following discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): CM-1101Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT Chit-110 CASENUMBER: PLAINTIFF/PETITIONER: CLAUDIA JIMENEZ t 6CV304467 DEFENDANT/RESPONDENT: FUNG GERTRUDE LEUNG 17. Economic litigation a. [:1 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.[3 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 1:] 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): Parties have not had an opportunity to meet and confer. 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): I 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: November 30, 2017 Mia Hong, Esq. / or f (TYPE OR PRINT NAME) 7/2”] (SIGNATURE OF PARTY OR ATTORNEY) i/ (TYPE OR PRINT NAME) i (SIGNATURE OF PARTY OR ATTORNEY) [3 Additional signatures are attached. CM-"NRev-Mvtmm CASE MANAGEMENT STATEMENT WW PROOF OF SERVICE STATE or CALIFORNIA, COUNTY or LOS A'NGELES ”ETC ~= t; 3” l I am employed in the County of Los Angeles, State of California. I am over the age of 8' and not a p y; :- to this action. My business address is as follows: 15456 Ventura Blvd, suite 304, Sh 91403. On December 4, 2017, I served the foregoing documents described as: 0 CASE MANAGEMENT STATEMENT Said documents were served on all interested parties in this action by placing a true copy thereof, enclosed in sealed envelopes and addressed as follows: Heidi C. Quart, Esq. MURCHISON & CUMMING, LLP 275 Battery Street, Suite 850 San Francisco, CA 94111 10 Telephone: (415) 524-4303 ll Facsimile: (415) 39l —2058 Attorney for Defendant, FUNG GERTRUDE 0648 ~ 12 LEUNG 304 340 91403 Suite FIRM (888) 13 [X] BY MAIL. 1am “readily familiar” with the business practices at my place of business for collection and processing of correspondence for mailing with the United States Postal Service and the CA Blvd. 14 correspondence shall be deposited with the United States Postal Service this same day in the ordinary LAW course of business pursuant to Code of Civil Procedure section 32291Fax: Oaks. 1013(a) 15 DRAKE l Ventura — Sherman 21 16 [] BY FACSIMILE TRANSMISSION. In addition to service by mail, as set forth above, the 15456 counsel or interested party authorized to accept service, by whose name a checkmark appears, was also (888} forwarded a copy of said document(s) by facsimile transmission from facsimile machine telephone Tel; number (888) 3406488 to the facsimile number corresponding with the indicated name and address on 18 the attached service list. 19 [] BY PERSONAL DELIVERY. I caused each envelope marked by checkmark(s) to be hand delivered to that addressee leaving said envelope with either the addressee directly or another person at 20 that address authorized to accept service on the addressee’s behalf. 21 [X] State I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 22 [] Federal I declare that 1 am employed in the office of a member of the bar of this 23 Court at whose direction the service was made. . ,,,,, f“: [/1 24 Executed on December 4, 2017, at Sherman Oaks, California. / f/ 25 if f/ 5 a f '1 "" master-w“ MW, “rations“, ”29" ' 26 ‘ Sam Iiot‘rigaig‘ 27 i if {V 28