Preview
CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and adaress) FOR COURT USE ONLY
THOMASJ. MURRAY, ESQ. 154245; DANIELG. BALICH
KERN SEGAL & MURRAY
1388 SUTTER ST., SUITE 600 SF, CA 94109
TeLerHone No. 415-474-1900 FAX NO, (Optional): 415-474-0302
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name): Defendant Susan M. Clarke
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
street Aporess: 191 N. First Street
MAILING ADDRESS:
CITY ANDZIP CODE: San Jose, 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Lalani Nailau
DEFENDANT/RESPONDENT: Susan M. Clarke
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one). CZ) UNLIMITED CASE [ uimitep case 16CV299824
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 9/25/18 Time: 10 AM Dept.: 9 Div. Room:
Address of court (if different from the address above):
[4] Notice of Intent to Appear by Telephone, by (name): Daniel G. Balich
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided
Pay or parties (answer one):
This statement is submitted by party (name): Defendant Susan M. Clarke
. [1 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).
b. [] The cross-complaint, if any, was filed on (date).
Service (to be answered by plaintiffs and cross-complainants only)
a. [1 Allparties named in the complaint and cross complaint have been served, have appeared, or have been dismissed.
b. [-] The following parties named in the complaint or cross-complaint
(1) [J have not been served (specify names and explain why not):
(2) [1 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).
c. [_] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served).
Description of case
a. Type of case in complaint [21 cross-complaint (Describe, including causes of action):
Motor vehicle accident
Pago4 of6
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court,
vuidlele ‘Coundll of California rules 3.720-3,730
‘CM-110 [Rev. July1, 2011) ww.couris.ca.gov
CM-110
PLAINTIFF/PETITIONER: Lalani Nailau CASE NUMBER:
16CV299824
DEFENDANT/RESPONDENT: Susan M. Clarke
4. b. Provide a brief statement of the case, including any damages. (/f 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 eamings. if equitable relief is sought, describe the nature of the relief.)
Plaintiff was a passenger in Defendant's vehicle, which was broad sided by another vehicle. Plaintiff alleges
Defendant ran a stop sign and was intoxicated at the time of the accident.
[) (i more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request (2) ajury trial (2) a nonjury trial (/f more than one party, provide the name of each party
requesting a jury trial):
Trial date
a, L_] The trial has been set for (date):
No trial date has been set. This case will be ready for trial within 12 months of the dale of the filing of the complaint (if
not, explain):
The case is not yet at issue.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [2] days (specify number): 7-10 court days
b. [__} hours (short causes) (specify):
Trial representation (fo be answered for each party)
The party or parties will be represented at trial [77] by the attorney or party listed in the caption [(_] by the following:
a Attomey:
b, Firm:
¢. Address:
d. Telephone number: f. Fax number:
8. E-mail iddress: g. Parly represented:
[additional representation is described in Attachment 8.
Preference
[1] 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 (4) has [J has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party [5 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).
a) Co 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 nol exceed the
statutory limit.
(Co 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):
CM-110 [Rev. July 4, 2074] CASE MANAGEMENT STATEMENT Page
2 ofS
CM-110
PLAINTIFF/PETITIONER: Lalani Nailau CASE NUMBER.
DEFENDANT/RESPONDENT: Susan M. Clarke 16CV299824
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 aif that apply and provide the specified information):
The party or parties completing If he 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
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
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
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(8) Binding private Private arbitration scheduled for (date):
arbitration
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):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev July 1, 2011] Page
3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Lalani Nailau CASE NUMBER
16CV299824
DEFENDANT/RESPONDENT: Susan M. Clarke
11, Insurance
a. Insurance carrier, if any, for party filing this statement (name): Geico Insurance
b. Reservation of rights: [[_] Yes No
« [J 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 slatus.
() Bankruptcy [_] Other (specify):
Status:
13, Related cases, consolidation, and coordination
a, [J 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 13a,
b. [1 Amation to [1 consolidate L_} coordinate will be filed by (name party):
14, Bifurcation
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 raasons}:
Possible motion to bifurcate liability and damages
15. Other motions
CD The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Plaintiff filed a Motion to Consolidate, Defendant will be opposing the Motion.
16. Discovery
a. (] The party or parties have completed all discovery.
b. (2) The following discovery will be completed by tie aig Specified (describe all anticipated discovery):
Party Description Date
Defendants Written discovery to Plaintiff Complete
Deposition of Plaintiff Complete
Witness depositions Continuing
Expert discovery TBD
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
€M-410 Rev, July1, 2011] CASE MANAGEMENT STATEMENT Pagedol§
CM-110
PLAINTIFF/PETITIONER: Lalani Nailau CASE NUMBER,
|— 16CV299824
DEFENDANT/RESPONDENT: Susan M. Clarke
17. Economic litigation
a. [_] This is a limited civil case (/.e., the amount demanded is $25,000 of less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. [__] 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
[7] The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19, Meet and confer
a. L_] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Count (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): 0
| 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 al the time of
the case management conference, including the written authority of the party where required.
Date: August 27, 2018
Daniel G. Balich » {Ww JQ
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
b (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached.
‘EM-410 (Rav, July 1, 2094] CASE MANAGEMENT STATEMENT Page Saf
PROOF OF SERVICE BY MAIL
Nailau y. Clarke
Santa Clara County Superior Court Case No. 16CV299824
I declare that:
1 am employed in San Francisco County, California. I am over the age of 18 years and
not a party to the within cause; my business address is 1388 Sutter Street, Suite 600, San
Francisco, California 94109.
On the date set forth below, I served a copy of the foregoing document by mail by
placing the same in an envelope, sealing, fully preparing postage thereon, and depositing said
envelope in the U.S. Mail at San Francisco, California. Said envelope was addressed as follows:
Mailed to:
Richard E. Eichenbaum, Esq.
Jeff Atterbury, Esq.
Caputo & Van Der Walde LLP
§1 E. Campbell Avenue, Suite 120
Campbell, CA 95008
Attorney for Plaintiff LALANI NAILAU
Tel: (408) 733-0100
Fax: (408) 733-0123
Email: ree@vanderwalde.com
jba@vanderwalde.com
Documents mailed:
DEFENDANT SUSAN M. CLARKE’S CASE MANAGEMENT STATEMENT
I declare under penalty of perjury that the foregoing is true and correct, and that this
declaration was executed on August 27, 2018 at San Francisco, California.
Signed:
CINDY VOONG