Preview
CM-110
ATTORNEY OR PARTY MTHOUT ATTORNEY (Nam, Slim 3M oddllss):
Ba! number, FOR COURT USE ONLY
Edward HOItZ (SBN: 177799) ,
‘Law Offices ofEdward Holtz
39275 State St
Fremont, CA 94538
TELEPH0~E No;5 10—3 7 1-4529 FAX No.
(Optional):
ADDRESS
E-MAIL (opbbflll):
AVORNEV Plaintiff
FOR(Name): Kane Ch'eung
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA
STREEIADDREss; 191 N. First St.
MAILING ADDRESS: ‘
cn'vmozwcone: San .1056,CA 951 131
amucn NAME: Central Civil Counhouse
PLAINTIFF/PETITIONER: Kane Cheung
DEFENDANTIRESPONDENT: Enterprise 24 Hour Auto, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE
(Amount demanded
D LIMITED CASE
(Amount demanded
r
Is$25,000
1601304702
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 3/1 /201 8 Time: 10 AM Dept: 3 Div.: Room:
Address ofcoun from (he address above):
differanl
(i!
Notice of Intent to Appear by Telep'hone,by (name): Edward Holtz .
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1‘ Party or parties (answer one):
a1
‘b. E This statement
This s1atement
is
is
submined by party (namé): Plaintiff
submitted jointly by parties (names):
2‘ Complaint and cross-complaiht (to b9 answered by plaintiffs and cmss-complainantsonly)
a, The complaint was filed on (date):[2/30/16
b. 1:: The cross-complaint.ifany.was filed on (date):
3.
a. E
Service be answered by
(Io
named
All parties
The
in
and cmss-complainants
plainliffs
named me complaint
only)
have been served,
the complaint and cross-complaint or have appeared. orhave been dismissed.
b.
(1) D
following parties in or cross—complaint
have not been served (specify names and explain whynot):
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c1 E The
they
Silicon Valley Fleet Services,
following additional parties
may be served):
Inc.
may be added (specify names, namm of involvement incase, and [he dateby which
4. Description ofcaee
a; Type Ofcasem '- complaint~ E _
‘
cross—complaint (Descfibe,includingcauses ofaction):
Breach ofcontract and conversion.
P-gu10N
‘memmmmm”
CMHO [Rem January
2009)
_
CASE MANAGEMENT STATEMENT cmgggwo
1,
.
www.aaum'nfoagov
.
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Kane Cheung
_DEFENDANT/RESPONDENT: Enterprise 24 Hour Auto, ct al.
16CV304702
4. b. (prersona/ injury damages are sought, specify (he injury and
Provide a brief statement of the case. including any damages.
damages claimed,including medical expenses (o date findicala source and amount], estimated futms medical expenses, lost
eamings to date, and estimated future lost earnings.
If equilab/e reliefis sought, describe (he nature of the relief.)
Plaintiff had car towed by Defendants. Instead of towing the qar to the nearest dealership as requested
by Plaintiff,they took the vehicle and brought it to Penniman Market's tow yard who held it, in
conjunction with Silicon Valley Fleet Services, against plaintiff‘s desire and right to possession ofthe
vehicle.
All parties have been settled and dismissed except Silicon Valley Fleet Services. A default has been
taken against Silicon Valley Fleet Services.
E mom space is needed,
(If check'mis box and attach a page dqsignateQas Attachment 4b)
5‘ Jury or nonjury
The
trial
party or parties request
requesting a jury
tn'al):
D a jury
trial E a nonjurytrial. (Ifmore than one name
party, provide (he of each party
a,
b.
D
Trial date
The trial has been set for (date):
No trial date has been set
This casewillbe ready 12 months of the date of the
for trial within complaint
filing of the (if
not, explain):
All panics have been dismissed or have had a default filed. (See Docket 1/29/1 8)
c. (specify dates and explain reasons for unavailability):
Dates on which parties or attorneys will not be available for trial
None at thistime
Estimated length of trial
The party or parties estimate that the take (check one):
trial will
4-6
a.
b. U days (specifynumber):
hours (short causes)(specify):'
Trial representation
The party or parties
Attorney:
(to
will
be answered
be represented
for each
attrial
pany)
by the attorney or party
.
caption
listed in the D by the following:
Firm:
Address:
Telephone number:
mfisnszovsv
Fax number:
E- mail address:
D Party represented:
Additional representation
Is describedInAttachment 8
D
Preference
This caseis preference (specify code section):
entitled to
10.
a. Counsel
reviewedADR
has E
Alternative Dispute Resolution (ADR)
has not
options with the
provided theADR informationpackage identified 3.221 to the client and has
in rule
a
client.
have agreed form of ADR.ADR be cempleted by
b.
c. E All parties
The case has gone toan
td a
ADR
will
process (indicate status);
(date):
CM»1 10 (Ravl January
2009]
1. Plus 2 a! 4
CASE MANAGEMENT STATEMENT
CM-11O
CASE NUMBER=
PLAINTIFF/PETITIONER: Kane Cheung
16CV304702
”DEFENDANT/RESPONDENT; Enterprise 24 Hour Auto, ct al.
10. d. The
(1)
(2)
D
party or panies are willing to participate in-(check all that apply):
E Mediation
Nonbinding
.
under Code of Civil Procedure section 1141 .12 (discovery
judicial arbitration to close 15 days before
under CaL Rules of Court. rule 3.822)
(3) E arbitration
Nonbinding under Code of
judicial arbitration CivilProcedure section 1141.12 (discovery
to remain open 30 days
until
(4) E
E
before order required
trial; under Cal. Rules of Coun, rule 31822)
Binding judicial arbitration
(5)
(6)
(7)
E
[j
Binding private arbitration
Neutral case evaluation
Other (specify):
e. E This matter is subject to mandatory judicial arbitration because the amount
incontroversy does not exceed
f1 E the statutory limit
Plaintiff case
elects to refer this and
to judicial arbitratién
7
I >V _ ‘
'agre’e‘s to limit
,
recovery to the amount specified
in Code of Civil
g, D Procedure section 1141.1 1‘
This case is exempt from judicial under
arbitration rule3.811 of the California Rules of Court (specify exemption):
11.
E
Settlement conference
The
t
an early settlement conference
party or parties are willing to participate
in (specify when):
121
a1 D
Insurance
Insurancecarrier,
_
any, for party filing this statement
(name):
E
if
Reservation ofrights: E] Yes No
D
bi
c. Coverage issues Will case
significantly affect resolution of this(explain):
13. Jurisdiction
E
Indicateany matters
Bankruptcy
Status:
E
thatmay
Other(specify):
and describe the
affect the court's jurisdiction or processing of this case. status.
14.
a. D
Related cases, consolidation, and coordination
There are companion, underlying, or
(1)Name of case:
related cases.
(2)Name of court:
(3)Case number:
D
E A
(4) Status:
Additional cases are described
E
in Attachment 14a.
E ,
fil'ed
b. motion to consolidate coordinate willbe by (name party):
E
15. Bifurcation
The party or parties intend to file a motion for an order bifurc ating, severing, or coordinating the following issues or
moving
action (specify and reasons):
party, type of motion,
causes of
15. Other motions
E] The party or parties expect to file the following motions before
(specify
trial moving party, type ofmotion, and
issues):
CM-I 10 [Ram January
2009)
t, Plgo 3 o! 4
CASE MANAGEMENT STATEMENT
CM-110
Kane Cheung CASE NUMBER:
PLAINTIFF/PETITIONER:
I6CV304702
TDEFENDANT/RESPONDENT: Enterprise 24 Hour Auto, et al.
17,
a.
b,
E
Discovery
E The
The
have completed
party or parties
following discovery
will
discovery.
all
be completed by the date specified(describe anticipated discove/y):
all
Pam Descrig (ion Date
c. D The following discovery issues are anticipated
(specify):
18.
a. E
Economic litigation
Thisisa limitedcivil case (i.e., the amount demanded
is$25.000 or less)and the economic procedures
litigation inCode
b. E Thisis
Procedure sections 90 through 98 will apply to
of Civil
a limited
discoverywill
thiscase.
civil case and a motion to withdraw the case from the economic litigation procedures or for additional
explain specifically why economic liligation procedures relating to discover or trial
be filed (if checked,
should no! apply to
this case):
19.
D
Other issues
The be considered or determined
party or parties request that the following additicnal matters
conference (specify):
at thecase management
20.
a. E
Meet and confer
The party
of Court
have met and conferred with
or parties
not, explain):
(if
allpartieson all
,
subjects required by rule 3.724 of the California Rules
All panics dismissed or default taken.
b. After meetingand conferring as required by Rules of Court. the parties agree on the following
rule 3.724 of the California
’
'
(specify):
21. Totalnumberofpages attached (ifany): 0
lam completely familiar with this case and
willbe prepared to discuss the status of discovery and ADR, as well as other issues
fully
on these issues at the time of the case management
raised by this statement. and will possess the authority to enter into stipulations
conference, including the written authority of the party where required.
W/ i c
Edward Holtz
/
D
OR PRINT NAME)
(TYPE (SIGNATURE OF PARTY OR ATTORNEY)
OR PRINT NAME)
°“"‘°‘R‘"J’"”’"
‘.
"m
(TVPE
D (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
lel o! e
CASE MANAGEMENT STATEMENT
Preview
CM-110 ATTORNEY OR PARTY MTHOUT ATTORNEY (Nam, Slim 3M oddllss): Ba! number, FOR COURT USE ONLY Edward HOItZ (SBN: 177799) , ‘Law Offices ofEdward Holtz 39275 State St Fremont, CA 94538 TELEPH0~E No;5 10—3 7 1-4529 FAX No. (Optional): ADDRESS E-MAIL (opbbflll): AVORNEV Plaintiff FOR(Name): Kane Ch'eung SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREEIADDREss; 191 N. First St. MAILING ADDRESS: ‘ cn'vmozwcone: San .1056,CA 951 131 amucn NAME: Central Civil Counhouse PLAINTIFF/PETITIONER: Kane Cheung DEFENDANTIRESPONDENT: Enterprise 24 Hour Auto, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE (Amount demanded D LIMITED CASE (Amount demanded r Is$25,000 1601304702 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 3/1 /201 8 Time: 10 AM Dept: 3 Div.: Room: Address ofcoun from (he address above): differanl (i! Notice of Intent to Appear by Telep'hone,by (name): Edward Holtz . INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1‘ Party or parties (answer one): a1 ‘b. E This statement This s1atement is is submined by party (namé): Plaintiff submitted jointly by parties (names): 2‘ Complaint and cross-complaiht (to b9 answered by plaintiffs and cmss-complainantsonly) a, The complaint was filed on (date):[2/30/16 b. 1:: The cross-complaint.ifany.was filed on (date): 3. a. E Service be answered by (Io named All parties The in and cmss-complainants plainliffs named me complaint only) have been served, the complaint and cross-complaint or have appeared. orhave been dismissed. b. (1) D following parties in or cross—complaint have not been served (specify names and explain whynot): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c1 E The they Silicon Valley Fleet Services, following additional parties may be served): Inc. may be added (specify names, namm of involvement incase, and [he dateby which 4. Description ofcaee a; Type Ofcasem '- complaint~ E _ ‘ cross—complaint (Descfibe,includingcauses ofaction): Breach ofcontract and conversion. P-gu10N ‘memmmmm” CMHO [Rem January 2009) _ CASE MANAGEMENT STATEMENT cmgggwo 1, . www.aaum'nfoagov . CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Kane Cheung _DEFENDANT/RESPONDENT: Enterprise 24 Hour Auto, ct al. 16CV304702 4. b. (prersona/ injury damages are sought, specify (he injury and Provide a brief statement of the case. including any damages. damages claimed,including medical expenses (o date findicala source and amount], estimated futms medical expenses, lost eamings to date, and estimated future lost earnings. If equilab/e reliefis sought, describe (he nature of the relief.) Plaintiff had car towed by Defendants. Instead of towing the qar to the nearest dealership as requested by Plaintiff,they took the vehicle and brought it to Penniman Market's tow yard who held it, in conjunction with Silicon Valley Fleet Services, against plaintiff‘s desire and right to possession ofthe vehicle. All parties have been settled and dismissed except Silicon Valley Fleet Services. A default has been taken against Silicon Valley Fleet Services. E mom space is needed, (If check'mis box and attach a page dqsignateQas Attachment 4b) 5‘ Jury or nonjury The trial party or parties request requesting a jury tn'al): D a jury trial E a nonjurytrial. (Ifmore than one name party, provide (he of each party a, b. D Trial date The trial has been set for (date): No trial date has been set This casewillbe ready 12 months of the date of the for trial within complaint filing of the (if not, explain): All panics have been dismissed or have had a default filed. (See Docket 1/29/1 8) c. (specify dates and explain reasons for unavailability): Dates on which parties or attorneys will not be available for trial None at thistime Estimated length of trial The party or parties estimate that the take (check one): trial will 4-6 a. b. U days (specifynumber): hours (short causes)(specify):' Trial representation The party or parties Attorney: (to will be answered be represented for each attrial pany) by the attorney or party . caption listed in the D by the following: Firm: Address: Telephone number: mfisnszovsv Fax number: E- mail address: D Party represented: Additional representation Is describedInAttachment 8 D Preference This caseis preference (specify code section): entitled to 10. a. Counsel reviewedADR has E Alternative Dispute Resolution (ADR) has not options with the provided theADR informationpackage identified 3.221 to the client and has in rule a client. have agreed form of ADR.ADR be cempleted by b. c. E All parties The case has gone toan td a ADR will process (indicate status); (date): CM»1 10 (Ravl January 2009] 1. Plus 2 a! 4 CASE MANAGEMENT STATEMENT CM-11O CASE NUMBER= PLAINTIFF/PETITIONER: Kane Cheung 16CV304702 ”DEFENDANT/RESPONDENT; Enterprise 24 Hour Auto, ct al. 10. d. The (1) (2) D party or panies are willing to participate in-(check all that apply): E Mediation Nonbinding . under Code of Civil Procedure section 1141 .12 (discovery judicial arbitration to close 15 days before under CaL Rules of Court. rule 3.822) (3) E arbitration Nonbinding under Code of judicial arbitration CivilProcedure section 1141.12 (discovery to remain open 30 days until (4) E E before order required trial; under Cal. Rules of Coun, rule 31822) Binding judicial arbitration (5) (6) (7) E [j Binding private arbitration Neutral case evaluation Other (specify): e. E This matter is subject to mandatory judicial arbitration because the amount incontroversy does not exceed f1 E the statutory limit Plaintiff case elects to refer this and to judicial arbitratién 7 I >V _ ‘ 'agre’e‘s to limit , recovery to the amount specified in Code of Civil g, D Procedure section 1141.1 1‘ This case is exempt from judicial under arbitration rule3.811 of the California Rules of Court (specify exemption): 11. E Settlement conference The t an early settlement conference party or parties are willing to participate in (specify when): 121 a1 D Insurance Insurancecarrier, _ any, for party filing this statement (name): E if Reservation ofrights: E] Yes No D bi c. Coverage issues Will case significantly affect resolution of this(explain): 13. Jurisdiction E Indicateany matters Bankruptcy Status: E thatmay Other(specify): and describe the affect the court's jurisdiction or processing of this case. status. 14. a. D Related cases, consolidation, and coordination There are companion, underlying, or (1)Name of case: related cases. (2)Name of court: (3)Case number: D E A (4) Status: Additional cases are described E in Attachment 14a. E , fil'ed b. motion to consolidate coordinate willbe by (name party): E 15. Bifurcation The party or parties intend to file a motion for an order bifurc ating, severing, or coordinating the following issues or moving action (specify and reasons): party, type of motion, causes of 15. Other motions E] The party or parties expect to file the following motions before (specify trial moving party, type ofmotion, and issues): CM-I 10 [Ram January 2009) t, Plgo 3 o! 4 CASE MANAGEMENT STATEMENT CM-110 Kane Cheung CASE NUMBER: PLAINTIFF/PETITIONER: I6CV304702 TDEFENDANT/RESPONDENT: Enterprise 24 Hour Auto, et al. 17, a. b, E Discovery E The The have completed party or parties following discovery will discovery. all be completed by the date specified(describe anticipated discove/y): all Pam Descrig (ion Date c. D The following discovery issues are anticipated (specify): 18. a. E Economic litigation Thisisa limitedcivil case (i.e., the amount demanded is$25.000 or less)and the economic procedures litigation inCode b. E Thisis Procedure sections 90 through 98 will apply to of Civil a limited discoverywill thiscase. civil case and a motion to withdraw the case from the economic litigation procedures or for additional explain specifically why economic liligation procedures relating to discover or trial be filed (if checked, should no! apply to this case): 19. D Other issues The be considered or determined party or parties request that the following additicnal matters conference (specify): at thecase management 20. a. E Meet and confer The party of Court have met and conferred with or parties not, explain): (if allpartieson all , subjects required by rule 3.724 of the California Rules All panics dismissed or default taken. b. After meetingand conferring as required by Rules of Court. the parties agree on the following rule 3.724 of the California ’ ' (specify): 21. Totalnumberofpages attached (ifany): 0 lam completely familiar with this case and willbe prepared to discuss the status of discovery and ADR, as well as other issues fully on these issues at the time of the case management raised by this statement. and will possess the authority to enter into stipulations conference, including the written authority of the party where required. W/ i c Edward Holtz / D OR PRINT NAME) (TYPE (SIGNATURE OF PARTY OR ATTORNEY) OR PRINT NAME) °“"‘°‘R‘"J’"”’" ‘. "m (TVPE D (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. lel o! e CASE MANAGEMENT STATEMENT