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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

. . ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Ber number. and address)Drake Law Firm . FOR COURT USE ONLY CM 110 Min Hnnn a ISBN 308035)’ Reniamin Drake 15456 Ventura Blvd., Suite 304, Fm ISRN- 943707) Cg C)”; l” i“ i I , t": ‘ ’ ‘ Sherman Oaks, CA 91403 m TELEPHONE no: (213) 381-1156 FAX NO. (Optional): 888 - 340 - 6488 Ian L ICW IH p I“ ,7, L l E-MAIL ADDRESS (Optional): - . manna Foa mama): Plaintiff,CLAUDIA JIMENEZ {f [f SUPERIOR COURT OF CALIFORNIA, COUNTY or SANTA CLARA fix 3 STREETADDRESS:191 North First Street L MAILING ADDRESS: 191 North First Street ‘3'” AND 2'? C°°E= San Jose, CA 95113 BRANCH NAME San Jose Courthouse PLAINTIFF/PETITIONER: CLAUDIA JIMENEZ DEFENDANT/RESPONDENT: FUNG GERTRUDE LEUNG CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE (Amount demanded I:] LIMITED CASE (Amount demanded is $25,000 16CV304467 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 INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. b. I: This statement is submitted by party (name): Plaintiff, CLAUDIA JIMENEZ 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): December 28, 2016 b. C] The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. b. I: All parties named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed. I: The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) I: have been served but have not appeared and have not been dismissed (specify names): (3) I:I have had a default entered against them (specify names): c. I:I 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. TYP9 Of case In complaint I:I cross—complaint (Describe, including causes of action): Pedestrian v. Auto Page1ol 5 ”fidfifiéfiuifimizi‘iifl?“ CASE MANAGEMENT STATEMENT °fl£iii£ii§i§d CM-110 [Ravi July 1. 2011] www.counscagcv ’ PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CLAUDIA JIMENEZ FUNG-GERTRUDE LEUNG CASE NUMBER: 16CV304467 CM-110 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.) 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 5. I: are approximately $426,516.61 and she is continuing treatment for her injuries. (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request a jury trial1:] a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. 1:] 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: I:l by the attorney or party listed in the caption by the following: b. Firm: c. Address: d. Telephone number: f. Fax numben E-mail address: E e. Additional representation is described in Attachment 8. 9. Party represented: 9. Preference E: This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR lnfonnation 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 in rule 3.221 has I: has not to the client and reviewed ADR options with the client. provided the ADR information package identified (2) [:1 For self-represented parties: Party 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) [:3 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. (3) |:| 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): WWW My 11°") CASE MANAGEMENT STATEMENT WM CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: _ CLAUDIA JIMENEZ 16CV304467 DEFENDANT/RESPONDENT: 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 DUI]! Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement conference [2 DUDE] Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3) Neutral evaluation '3 DUDE] Neutral evaluation scheduled for (date): 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 |:| DUDE! Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): [:1 DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-110 (Rev, July 1,2011] Page 3 of 5 CASE MANAGEMENT STATEMENT use NUMBER, cm _ PLAINTIFF/PETITIONER: CLAUDIA JIMENEZ 150V3°4467 DEFENDANT/RESPONDENT: FUNG GERTRUDE LEUNG 11. insurance {2 a. b. c. Reservation of rights: :1 [:1 Yes i: Insurance carrier, if any, for party filing this statement (name): No 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. [:I Bankruptcy El Other (specify): Status: 13. Related cases, consolidation, and coordination a. [:I There are companion. underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [:3 Additional cases are described in Attachment 13a. b. Cl A motion to 1:] consolidate [:1 coordinate will be filed by (name party): 14. Bifurcation [:1 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): l: 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. [:3 The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Pam) Description % Plaintiff Written Discovery December 2017 Plaintiff Deposition December 2017 Plaintiff Expert Depositions Pursuant to Code c. [j The following discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): ‘M-110IRev. July 1,2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER PLAINTIFF/PETITIONER: CLAUDIA JIMENEZ “— 160V304467 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. l:| 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 El The party or parties request that conference the following additional matters be considered or determined at the case management (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 13, 2017 Mia Hong, Esq. (TYPE OR PRINT NAME) ’ (SIGNATURE OF PARTY 0R ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [:1 Additional signatures are attached. CM-110 [Revt Juiy1,2011] Page 5 015 CASE MANAGEMENT STATEMENT PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES (“ff3g mg r . I am employed in the County of Los Angeles, State of California. I am over the not a party to this action. My business address is as follows: 15456 Ventura Blvd, suite 304, afifl8amand drills, EA: :2 91403. On November 14, 2017, 1 served the foregoing documents described as: ‘ “ . CASE MANAGEMENT STATEMENT f.t A'Hwan ‘ ' 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. Quan, Esq. MURCHISON & CUMMING, LLP 275 Battery Street, Suite 850 San Francisco, CA 94111 10 Telephone: (415) 524-4303 ll Facsimile: (415) 391-2058 Attorney for Defendant, FUNG GERTRUDE 0648 - 12 LEUNG 304 340 91403 Suite FlRM (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 LAW CA Blvd I Fax: Oaks. 14 correspondence shall be deposited with the United States Postal Service this same day in the ordinary course of business pursuant to Code of Civil Procedure section 1013(a) 3229 Ventura 15 BY FACSIMILE TRANSMISSION. — DRAKE Sherman [] In addition to service by mail, as set forth above, the 211 16 15456 counsel or interested party authorized to accept service, by whose name a checkmark appears, was also (888) 17 forwarded a copy of said document(s) by facsimile transmission from facsimile machine telephone Tel: number (888) 340-6488 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 23 [] Federal I declare that 1 am employed in the office of a member of the r f this Court at whose direction the service was made. 24 Executed on November 14, 2017, at Sherman Oaks, California. 25 26 Sam Horrigafl 27 28