arrow left
arrow right
  • 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

CM«110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number. and address): FOR COURT USE ONLY Heidi C. Quan (SBN 201003) F; LED ‘ ‘ Murchison & Cumming, LLP ‘ .i 275 Battery Street, Suite 850 San Francisco. CA 94111 TELEPHONE N0: 415-524-4303 FAX NO (Optional): 415-391-2058 20" NOV 13 A )0: E-MAIL ADDRESS (Optional): bquan@murchisonlaw.com 22 FUNG GERTRUDE ATTORNEY FOR {Name}: Defendant, LEUNG SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 191 STREET ADDRESS: North First Street FAX MAILING ADDRESS: San Jose, CITY AND ZIP CODE: CA 951 13 BRANCH NAME:CIVIL PLAINTIFF/PETITIONER: CLAUDIA JIMENEZ BY DEFENDANT/RESPONDENT: F UNG GERTRUDE LEUNG CASE MANAGEMENT STATEMENT 1353:7133?4 67 (Check one): K4 UNLIMITED CASE E] LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE Is scheduled as follows: Date: December 5, 2017 Time: 10:00 am. Dept: 8 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Heidi C. Quan INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [:1 This statement is submitted by party (name): Defendant. FUNG GERTRUDE LEUNG b. [I 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): b. 1:] The cross—complaint, if any, was filed on (date): 8. Service (to be answered by plaintiffs and cross-compiainants only) 3. IX} All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b‘ D The following parties named in the complaint or cross-complaint (1) El have not been served (specify names and explain why not): (2) D 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): 0. [:1 The foilowing 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 compiaint D cross—complaint (Describe.including causes of action): Motor Vehicle Page1of 5 f imi‘udtc‘iZitfiuzéifiéiiéim? CASE MANAGEMENT STATEMENT u Gifteiftfiié‘i CM‘itO (Rev. duty 1. 2011) mow courts. ca. gov American LegalNet, Int ezxmilaunsl’w 1‘ Ws. A . PLAl N TlF F IPETITl ON ER: CLAUDIA JIMENEZ . CASE NUMBER . 9M”??? __ ’16CV304467 DEFENDANT/RESPONDENT: FUNG GERTRUDE LEUNG 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 findicate 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. 3 in her Complaint, Plaintiff claims she was involved in a motor vehicle collision with Defendant on January 3. 2015 on Stevens Creek Blvd. and Kiely Blvd, San Jose, CA. Plaintiff allegedly suffered the following damages (amounts unknown): wage loss; loss of use of property; hospital and medical expenses; general damage; property damage; and loss of earning capacity. 1:] (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 [:I a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E] The trial has been set for (data): b. E 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): 0. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability) See Attachment 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. IX days (specify number): 5-7 days b. [:1 hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption[:1 by the following a. Attorney: b. Firm: c. Address: d. Telephone number: 1‘.Fax number: e. E-mail address: 9. Party represented: E] Additional representation is described in Attachment 8. 9. Preference E] 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 [3 has not provided the ADR information package identified to the client and reviewed ADR options with the client. in rule 3.221 (2) For self-represented parties: Party [:1 has [:1 has not reviewed the ADR information package identifiedin rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 1:] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.1 1. (3) E] This case is exempt from judicial of the California Rules of Court or from civii action arbitration under rule 3.811 mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM—tioiRev. July1,2011i PageZofS CASE MANAGEMENT STATEMENT luc American LegslNet, tt’orktjloimi motifs). (SM-1'10 CASE NUMBER' PLAINTIFF/PETITIONER: CLAUDIA JIMENEZ 16CV304467 ! BEFENDANT/RESPONDENT: FUNG GERTRUDE LEUNG 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 infonnation): 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 aii that apply}: stipulation): X Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Eli] Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement DDDfi conference 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 DEED Agreed to complete neutral evaluation by (date): Neutral evaluation compieted on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial DUDE] arbitration CI . - . ~ - . Agreed to complete iudiual arbitration by (date). Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration D DUDE . . . . 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): D DUDE] Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Reta July 1, 201 Page 3 of 5 1] CASE MANAGEMENT STATEMENT M Americim LegulNet. Inc : VW-viruswetkmeast. Gilli-1 10 CASE NUMBER: PLAINTIFF/PETITIONER: CLAUDIA JIMEN EZ __. 160V304467 DEFENDANT/RESPONDENT: F UNG GERTRUDE LEUNG 11. insurance a. E] insurance carrier, if any, for party filing this statement (name): Allstate Insurance Company D. Reservation of rights: El Yes 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 D 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 describedin Attachment 13a. b. I] A motion to E] consolidate E] coordinate will be filed by (name party): 14. Bifurcation [:l The party or parties intend to fits 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 K4 The party or panies expect to file the following motions before trial (specify moving party, type of motion. and issues): Motions in Limine 16. Discovery at. E3 The party or parties have completed all discovery. b D The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description 26.1% Defendant, FUNG GERTRUDE LEUNG Subpoena Records November 2017 Defendant, FUNG GERTRUDE LEUNG Deposition of Parties January 2018 Defendant, FUNG GERTRUDE LEUNG Possible tME Feb/March 2018 Defendant, FUNG GERTRUDE LEUNG Expert Depositions Per Code c. U The following discovery issues, including issues regarding the discovery of electronically stored infonnalion, are anticipated (specify): CM‘W‘RW “3'12“” CASE MANAGEMENT STATEMENT Page“‘5 American LegnlNet. inc. hwwiwulSiYoritijlwxa Gilli-110 CASE NUMBER- CLAUDlA JIMENEZ PLAIN TlF FIPETITlONER : —_ 16 CV3 04467 DEFENDANT/RESPONDENT: FUNG GERTRUDE LEUNG 37. Economic litigatlon at E] This is a limited civil case (la, the amount demandedis $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90—98 will apply to this case. b. {:1 This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be tried (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues I: The party or parties request that’ihe following additional matters be considered or determined at the case management conference (specific: 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): 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): 1 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 requireggm "6W ' ”N X ( / Date: November 13, 2017 t W“ t” Heidi C. Quan ’ A Mfiwfw TW’X \ “Mum... (TYPE 0R PRINT NAME) {wwwwammfifi cyan 0R ATTORNEY) (TYPE 0R PRINT NAME) i L. MM" (SIGNATURE OF PARTY OR ATTORNEY) Cl Additional signatures are attached. Cir-“0W My 2°“! *1 CASE MANAGEMENT STATEMENT Page5o” American LCgfllNfl. Inc. EMDAWJEWQIXEIQ.§§L£§!E Mil-025 CASE NUMBER: fiHORT TlTLE: JIMENEZ vs. LEUNG 150V304467 ATTACHMENT (Number): 1 (This Attachment may be used with any Judicial Council form.) So. Counsel Heidi C. Quan starts Trial on the following dates: 02-13-2018 9:30 AM Day of Trial, Dept. 206, San Francisco 02-13-2018 8:45 AM Day of Trial, Dept. 9, Santa Clara 02-26-2018 9:30 AM Day of Trial, Dept. 206, San Francisco 03-05-2018 9:30 AM Day of Trial, Dept. 206 San Francisco 03-19-2018 8:30 AM Day of Trial, Dept, 47, Sacramento 03-23-2018 9:00 AM Day of Trial, Dept. 10, Solano 04-06-2018 8:30 AM Day of Trial, Dept. 1, Selena 04-10-2018 9:30 AM Day of Trial, Dept. 1 Solano 05-21-2018 9:30 AM Day of Trial, Dept. 206, San Francisco 06-07-2018 9:00 AM Day of Trial, Dept. 8, Solano Superior 06—25-2018 8:30 AM Day of Trial, Dept.22, Alameda 07-16-2018 9:30 AM Day of Trial, Dept. 206, San Francisco 09—17-2018 9:30 AM Day of Trial, Dept. 45, Madera 10-22-2018 9:30 AM Day of Trial, Dept. 206, San Francisco 11-02-2018 9:00 AM Day of Trial, Dept. 8 USDC San Jose Pre Trial Conference. Mandatory Settlement Conference: 01—30-2018; 02—07-2018; 03-16-2018; 03-29-2018; 04-10-2018; 04—30-2018; 05—07—2018; 06-07—2018; 08-02-18; 10-18-18 Vacation/Seminars: January 31, 2018 - February 2, 2018 February 27, 2018 - March 2, 2018 May 2018 (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 1 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of California ATTACHMENT www.courrinfo.ca.gov Mic-025 (Rev. July 1, 2009] to Judicial Council Form American LegalNei, inc. www. Forms l‘l’orkfiow. com F3l LE STATE OF CALIFORNIA, COUNTY OF PROOF OF SERVICE D SAN FRANCISCO 2017 NOV l3 A 10: At the time of service, i was over 18 years of age and @2t -..y 0 this action. Iam employed in the County of San Francisco, State of California; ,rgII: ' , W ss is 275 Battery Street, Suite 850, San Francisco, California 94111. 10% Oi: i SANA: ' a}?A mwuwmhwm.‘ as CASE On November MANAGEMENT fl 2017, l served STATEMENT true copies on the of the following interested parties in do’@ ' I s... ’eigiti’s‘fii'described thi§éaction as follows: SEE ATTACHED LIST BY MAIL: tenclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for coliection and mailing, following our ordinary business practices. i am readily familiar with Murchison & Cumming’s practice for collecting and processing correspondence for mailing. iam 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 business day after the date of deposit for mailing in this deciaration. Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November fl, 2017, at San Francisco, California. Maria Sordvla mummwdoomummt—ao NNNNNNNNNaAAAAAAAAA SERVICE LlST Claudia Jimenez vs. Fung Gertrude Leung Benjamin Drake, Esq. Plaintiff Mia Hong, Esq. Drake Law Firm 15456 Ventura Boulevard Suite 304 Sherman @MNmtN—A Oaks, CA 91403 Telephone: 213~381~1156 Facsimile: 888-340-6488 NMNNNNNNN-A—X—t—l—l—k—i—‘L—t—L mummhwmaommwmmhwmao