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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)
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Sherman Oaks, CA 91403 m
TELEPHONE no: (213) 381-1156 FAX NO. (Optional): 888 - 340 - 6488 Ian
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E-MAIL ADDRESS (Optional):
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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
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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.
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Executed on November 14, 2017, at Sherman Oaks, California.
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Sam Horrigafl
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