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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stele Gar number, and address). CM-110
Edward Holtz (SBN: 177799) FOR COURT
USE ONLY
| Law Offices of Edward Holtz
39275 State St
Fremont, CA 94538
Teverrone no: 510-371-4529 FAX NO. (Optionaly:
E-MAIL ADDRESS (Optiona):
ATTORNEY FOR (wome:: Plaintiff Kane Cheung,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
streetaooress: 19] N. First St.
MAILING ADDRESS:
ervanozpcooe: San Jose, CA 95113
srancH name: Central Civil Courthouse
PLAINTIFF/PETITIONER: Kane Cheung
OEFENDANT/RESPONDENT: Enterprise 24 Hour Auto, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [J umitep case 16CV304702
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) orless)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 4/24/18 Time: 10 AM Dept: 3 Oiv.: Room:
Address of court (if different from the address above):
Notice of intent to Appear by Telephone, by (name): Edward Holtz
INSTRUCTIONS: Alll applicable boxes must be checked, and the ‘specified information must
be provided.
Party or parties (answer one):
a. [21 This statement is submitted by party (name): Plaintiff
b. (7) This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a, The complaint was filed on (date): 12/30/16
b. [7] ‘The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. £2) Altparties named in the complaint and cross-complaint have been served, or 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 nol):
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) (21 have had a default entered against them (specify names):
Silicon Valley Fleet Services, Inc.
« C7 The following additional parties may be added (specify names, nature of involvemenin
t case, and the date by which
they may be served):
Description of case
a. Type of case in complaint [) cross-complaint (Describe, including causes of action):
Breach of contract and conversion.
Form Adopted
for Mandatary Use Paget of 4
CASE MANAGEMENT STATEMENT Cal. Rules of Count,
uSttoinon danas 1 2009) ‘tes 3720-3730
wnny.courtinto.ca.gov
CM-110
PLAINTIFF/PETITIONER: Kane Cheung ‘CASE NUMBER:
[ DEFENDANT/RESPONDENT: Enterprise 24 Hour Auto, et al. 16CV304702
4. b. Provide a brief statement of the case, in cluding any damages. (If personal
damages claimed, injury damage are sought,
s spethe cifinjuryyand
eamings to date, and estimated futurreexpenses to date [indicate source and amount), estimated future medical expenses, lost
lost earnings. If equitable retief is sought, describe the nature of the relief.)
Plaintiff had car towed by Defendants. Instead of towing the car to the nearest deale: rship as requested
by Plaintiff, they took the vehicle and brou; ight it to Penniman Market's tow
yard who held it, in
conjunction with Silicon Valley Fleet Servi ices, against plaintiff's desire and right
to possession of the
vehicle.
All parties have been settled and dismissed except Silicon Valley Fleet Services. A default
has been
taken against Silicon Valley Fleet Services.
(1 (more space is needed, check this box and attach @ page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request [_] a jury trial (] anonjury trial (if more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a The trial has been set for (date):
b. No trial date has been set. This case will be teady for trial within 12 months of the date of the filing of
the complaint (if
not, explain):
All parties have been dismissed or have had a default fi led. (See Docket 1/29/18)
¢. Dates on which parties or attomeys will not be available for trial (specify dates and explain reasons
for unavailability):
None at this time
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. (2) days (specify number): 4-6
b. [1 hours (short causes) (specify):
8. Trial representation (to be answered for eachparty)
The party or parties will be represented at trial by the attor
or party
ney listed in the caption =) by the following:
a. . Attomey:
b. Firm:
c Address:
d. Telephone number:
e. Fax number:
f. E-mail address:
9. Party represented:
[1] Additional representation is described in Attachment 8.
Preference
Co This case is entitled to preference (specify code section):
10. Alternative Disp Resolution (ADR)
a. Counsel Lv] has has not provided the ADR information package identified in rule 3.221 to the client and has
reviewed ADR options with the client.
b. [J Allparties have agreed to a form of ADR. ADR will be completed by (date):
c. [1] The case has gone to an ADR process (indicate status):
‘CH-110 [Rev. January 1, 2008)
Page
2 ofa
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFFIPETITIONER: Kane Cheung CASE NUMBER:
[ DEFENDANTRESPONDENT: Enterprise 24 Hour Auto, et al. 16CV304702
10. d. The party or parties are willing to participate in (check all that apply):
(1) Mediation
(2) [J Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal, Rules of Court, rule 3.822)
(3) C2 Nonbinding judicial arbitration under Code of Civil Pracedure section 1141.12 (discovery to remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 3.822)
(4) (2) Binding judicial arbitration
6) Binding private arbitration
(6) (2) Neutral case evaluation
7) (J other (specityy:
e. [7] This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed
the statutory limit.
f. [1] 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.
9. This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption):
11. Settlement conference
[J The party or parties are willing to participate in an early settlement conference (specify when):
12. Insurance
a. (1 Insurance canter, if any, for party filing this statement (name):
b. Reservation
of rights) [—_] Yes [_] No
c. [] Coverage issues will significantly affect resolution of this case (explain):
13. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
[1 Bankruptey [7] Other (specify):
Status:
14, 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:
(1) Additional cases are described in Attachment 14a.
b. C-JAmotionto [] consolidate [) coordinate will be filed by (name party):
15. 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):
16. Other motions
[1 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
‘CM-TI0 (Rev. January
1, 2005) Page sofa
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Kane Cheung CASE NUMBER:
[ DEFENDANT/RESPONDENT: Enterprise 24 Hour Auto, et al. 16CV304702
17. Discovery
a. ‘The party or parties have completed all discovery.
». [) The following discovery will be completed by the date specified (describe all anticipated discovery)
:
Party Description Date
c. [) The following discovery issues are anticipated (specify):
18. 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 through 98 will apply to this case.
b. (1 Thisis 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):
19. Other issues
[1 The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
20. Meet and confer
a ‘The party or parties have met and conferred with all parties on ail ‘subjects required by rule 3.724 of the Califomia Rules
of Court (if not, explain):
All parties dismissed or default taken.
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
21. Total number of pages attached (if any): 0
lam completely familiar with this case and will be fully prepared to discuss the status of. discovery and ADR, as well as other issues
faised by this statement, and will possess the authority to enter into stipul lations on these issues at the time of the case management
conference, including the written authority of the party where required.
pate: Y JS)/
Edward Holtz
(TYPE OR PRINT NAME)
» ayo?
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
>
{SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached.
(CM-110 [Rev. January 1, 2009) Page
4 of 4
CASE MANAGEMENT STATEMENT
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stele Gar number, and address). CM-110 Edward Holtz (SBN: 177799) FOR COURT USE ONLY | Law Offices of Edward Holtz 39275 State St Fremont, CA 94538 Teverrone no: 510-371-4529 FAX NO. (Optionaly: E-MAIL ADDRESS (Optiona): ATTORNEY FOR (wome:: Plaintiff Kane Cheung, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA streetaooress: 19] N. First St. MAILING ADDRESS: ervanozpcooe: San Jose, CA 95113 srancH name: Central Civil Courthouse PLAINTIFF/PETITIONER: Kane Cheung OEFENDANT/RESPONDENT: Enterprise 24 Hour Auto, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [J umitep case 16CV304702 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 4/24/18 Time: 10 AM Dept: 3 Oiv.: Room: Address of court (if different from the address above): Notice of intent to Appear by Telephone, by (name): Edward Holtz INSTRUCTIONS: Alll applicable boxes must be checked, and the ‘specified information must be provided. Party or parties (answer one): a. [21 This statement is submitted by party (name): Plaintiff b. (7) This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a, The complaint was filed on (date): 12/30/16 b. [7] ‘The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. £2) Altparties named in the complaint and cross-complaint have been served, or 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 nol): (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) (21 have had a default entered against them (specify names): Silicon Valley Fleet Services, Inc. « C7 The following additional parties may be added (specify names, nature of involvemenin t case, and the date by which they may be served): Description of case a. Type of case in complaint [) cross-complaint (Describe, including causes of action): Breach of contract and conversion. Form Adopted for Mandatary Use Paget of 4 CASE MANAGEMENT STATEMENT Cal. Rules of Count, uSttoinon danas 1 2009) ‘tes 3720-3730 wnny.courtinto.ca.gov CM-110 PLAINTIFF/PETITIONER: Kane Cheung ‘CASE NUMBER: [ DEFENDANT/RESPONDENT: Enterprise 24 Hour Auto, et al. 16CV304702 4. b. Provide a brief statement of the case, in cluding any damages. (If personal damages claimed, injury damage are sought, s spethe cifinjuryyand eamings to date, and estimated futurreexpenses to date [indicate source and amount), estimated future medical expenses, lost lost earnings. If equitable retief is sought, describe the nature of the relief.) Plaintiff had car towed by Defendants. Instead of towing the car to the nearest deale: rship as requested by Plaintiff, they took the vehicle and brou; ight it to Penniman Market's tow yard who held it, in conjunction with Silicon Valley Fleet Servi ices, against plaintiff's desire and right to possession of the vehicle. All parties have been settled and dismissed except Silicon Valley Fleet Services. A default has been taken against Silicon Valley Fleet Services. (1 (more space is needed, check this box and attach @ page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request [_] a jury trial (] anonjury trial (if more than one party, provide the name of each party requesting a jury trial): 6. Trial date a The trial has been set for (date): b. No trial date has been set. This case will be teady for trial within 12 months of the date of the filing of the complaint (if not, explain): All parties have been dismissed or have had a default fi led. (See Docket 1/29/18) ¢. Dates on which parties or attomeys will not be available for trial (specify dates and explain reasons for unavailability): None at this time 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. (2) days (specify number): 4-6 b. [1 hours (short causes) (specify): 8. Trial representation (to be answered for eachparty) The party or parties will be represented at trial by the attor or party ney listed in the caption =) by the following: a. . Attomey: b. Firm: c Address: d. Telephone number: e. Fax number: f. E-mail address: 9. Party represented: [1] Additional representation is described in Attachment 8. Preference Co This case is entitled to preference (specify code section): 10. Alternative Disp Resolution (ADR) a. Counsel Lv] has has not provided the ADR information package identified in rule 3.221 to the client and has reviewed ADR options with the client. b. [J Allparties have agreed to a form of ADR. ADR will be completed by (date): c. [1] The case has gone to an ADR process (indicate status): ‘CH-110 [Rev. January 1, 2008) Page 2 ofa CASE MANAGEMENT STATEMENT CM-110 PLAINTIFFIPETITIONER: Kane Cheung CASE NUMBER: [ DEFENDANTRESPONDENT: Enterprise 24 Hour Auto, et al. 16CV304702 10. d. The party or parties are willing to participate in (check all that apply): (1) Mediation (2) [J Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal, Rules of Court, rule 3.822) (3) C2 Nonbinding judicial arbitration under Code of Civil Pracedure section 1141.12 (discovery to remain open until 30 days before trial; order required under Cal. Rules of Court, rule 3.822) (4) (2) Binding judicial arbitration 6) Binding private arbitration (6) (2) Neutral case evaluation 7) (J other (specityy: e. [7] This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. [1] 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. 9. This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption): 11. Settlement conference [J The party or parties are willing to participate in an early settlement conference (specify when): 12. Insurance a. (1 Insurance canter, if any, for party filing this statement (name): b. Reservation of rights) [—_] Yes [_] No c. [] Coverage issues will significantly affect resolution of this case (explain): 13. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. [1 Bankruptey [7] Other (specify): Status: 14, 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: (1) Additional cases are described in Attachment 14a. b. C-JAmotionto [] consolidate [) coordinate will be filed by (name party): 15. 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): 16. Other motions [1 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): ‘CM-TI0 (Rev. January 1, 2005) Page sofa CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Kane Cheung CASE NUMBER: [ DEFENDANT/RESPONDENT: Enterprise 24 Hour Auto, et al. 16CV304702 17. Discovery a. ‘The party or parties have completed all discovery. ». [) The following discovery will be completed by the date specified (describe all anticipated discovery) : Party Description Date c. [) The following discovery issues are anticipated (specify): 18. 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 through 98 will apply to this case. b. (1 Thisis 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): 19. Other issues [1 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 20. Meet and confer a ‘The party or parties have met and conferred with all parties on ail ‘subjects required by rule 3.724 of the Califomia Rules of Court (if not, explain): All parties dismissed or default taken. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 21. Total number of pages attached (if any): 0 lam completely familiar with this case and will be fully prepared to discuss the status of. discovery and ADR, as well as other issues faised by this statement, and will possess the authority to enter into stipul lations on these issues at the time of the case management conference, including the written authority of the party where required. pate: Y JS)/ Edward Holtz (TYPE OR PRINT NAME) » ayo? (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) > {SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached. (CM-110 [Rev. January 1, 2009) Page 4 of 4 CASE MANAGEMENT STATEMENT