Preview
CM-110
ATTORNEY OR PARTY \MTHOUT ATTORNEY
(Name, State Barnumber‘ and address)‘
EQOUET UEE ONLY“? j m?
V- “M...“
Richard Eichenbaum, Esq., SBN 157065; Dan C. Schaar, Esq., SBN 257737
Caputo & Van Der Walde, LLP
51 E. Campbell Ave., Suite 120, Campbell, CA 95008 2016 UEC 2| A 1 SS
TELEPHONE No408-733-01 00 FAX No(Optional)
ADDRESS
E—MAIL (Optional)
ATTORNEY FORm/ame)
Lalani Nailau
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F santa Clara
STREETADDRESS 191 N. First Street
MAILING ADDRESS:
191 N. First Street
AND
CITY CODE.
ZIP San JoseyCA 951 13
BRANCH NAME:
Downtown Superior Court UCS
PLAINTIFF/PETITIONER: Lalani Nailau
DEFENDANT/RESPONDENT: Susan M. Clarke; Albert K. Clarke,and Does 1-20
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one).- UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is$25,000
16CV299824
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date: January 10, 2017 Time: 1:30 p.m. Dept; 9 Div; Room:
Address of court address above):
different from the
(if
D Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicableboxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a.
b. E This statement
This statement
is
is
submitted by party (name):Lalani Nailau
submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/ainants
only)
a.
b. E
The complaint was filed on (date):
The cross—complaint, any,
if
9/1 3/1 6
was filed on (date):
3. Service (tobe answered by plaintiffs and cross-comp/ainants
only)
named
a.
b. E All parties
The
(1) E
inthe complaint and cross-complaint have been served,
named
following parties inthe complaint or cross-complaint
have appeared, or have been dismissed.
have not been served (specify names and explain why not):
(2) E have been served but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (specify names):
c. E The may be added
following additional parties
they may be served):
names, nature ofinvo/vement
(specify incase, and date by which
4. Description of case
a TYPe Ofcasein complaint E cross-complaint causes of action):
(Describe, including
auto accident with punitive damages alleged
Page1of 5
Form Adopted
Mandatory Use
for
Judicial Council of California
CASE MANAGEMENT STATEMENT Court
Cal. Rules of
mies 3 720-3 730
CM-no 2011]
[Rev. July
1‘ www.counscagov
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: Lalani Nailau
16CV299824
DEFENDANT/RESPONDENT: Susan M. Clarke; Albert K. Clarke, and Does 1-20
4‘ b. (prersonal injury damages are sought, specify the injury and
Provide a brief statement of the case, including any damages.
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.)
Defendant a stop sign and
failed to stop at oncoming
failed to yield to resulting in
traffic, an accident that caused
serious injuries to Plaintiff
plaintiff. believes that defendant driver was intoxicated and this contributed to the
incident.Plaintiffsustained pelvis and ribfractures in addition to other injuries.
E more space
(If is needed, check box and attach a page designated as Attachment
this 4b.)
5. Jury or nonjury
The
trial
party or parties request
requesting a jury
tn'al):
a jurytrial E a nonjurytrialt name
(Ifmore than one party, provide the of each party
6.
a.
b.
E
Trialdate
The
No
has been setfor
trial (date):
date has been set, This case
trial be ready
will for within 12
trial months of the date of the filing of the complaint
(if
not, explain):
c. Dates on which parties or attorneys not be available for trial (specify dates and explain reasons
will for unavailability):
-
2/27/17 3/10/17 4/17/17
trial; -
4/26/17 trial; 5/1/1 7 - 5/5/17 trial.
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial will
days (specify number): 3'5
at
b. E hours (short causes) (specify):
8.
The
a.
party or parties
Attorney:
will
be answered
Trial representation (to for
be represented
each
attrial E
party)
by the attorney or party the caption
listed in E by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
E
e. E-mailaddress:
Additional representation
isdescribed inAttachment 8.
g, Partyrepresented:
9.
10.
E
Preference
This case is preference (specify code section):
entitled to
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
and community programs
court
(1)
3.221
in rule
case.
in this
For parties represented by counsel:
Counsel
ADR
to the client and reviewed
has E
options with the
has not
client.
ADR
provided the package identified
information
(2) For self—represented parties:
PartyE has E has not reviewed theADR informationpackage identified 3.221
in rule
b.
(1) D
Referral to judicial arbitration or civil action mediation
mediation under ode of Civil Procedure section
available).
(if
This_matter is sub‘ect to mandatory judicial arbitration under Code of Civil Procedure section
1141.11 or to civil action
1775.3 because the amount in controversy does not exceed the
statutory
limit,
(2) E Civil
elects to refer this case to
Plaintiff and agrees
judicial arbitration
Procedure section 1141 .1 1.
amount specified
to limit recovery to the inCode of
(3) E This case is exempt from judicial arbitration under rule 3,811
mediation under Code of Civil Procedure section
of the California Rules of Courtor from
1775 et seq. (specify exemption):
civilaction
CM-WIREV My 2°11]
1r
CASE MANAGEMENT STATEMENT mm”
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: Lalani Nailau
1GCV299824
DEFENDANT/RESPONDENTI Susan M. Clarke; Albert K. Clarke,and Does 1-20
10. c. ADR
Indicate the have agreed
process or processes that the party or parties are willing to participate
in, to participate
in,or
in (check all that apply and provide the specified information):
have already participated
The party or parties completing Ifthe party or parties completing this form in the case have agreed to
thisform are willing
to participatein or have already completed an ADR process or processes,
ADR
participate in the following copy of the parties'ADR
indicate the status of the processes (attach a
processes (check allthat apply):stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1)Mediation DEED
Agreed tocomplete mediation by (date):
ifA willcontribute
Mediation completed on (date):
Settlement conference not yet scheduled
(2)Settlement
conference
m DIED
Settlement conference scheduled for (date):
Agreed tocomplete settlement conference by (date):
ifA Wi”
Settlement conference completed on (date): contribute
Neutral evaluation not yet scheduled
(3)Neutral evaluation E DUDE
Neutral evaluation scheduled for (date):
Agreed tocomplete neutral evaluation by (date):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
(4)Nonbinding
arbitration
judicial
E DUDE
Agreed tocomplete
scheduled
Judicial arbitration for (date):
judicial arbitration
by (date):
completed on
Judicial arbitration (date):
Private arbitration not yet scheduled
(5)Binding private
arbitration
E DUDE
Private arbitration scheduled for (date):
Agreed tocomplete privatearbitration
by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6)Other (specify):
E DUDE
ADR session scheduled for (date):
Agreed tocomplete ADR session by (date):
ADR completed on (date):
CM-1101Rev
July2011]
1‘ Page 3 of 5
CASE MANAGEMENT STATEMENT
CM;1_1_Q
CASE NUMBER
PLAINTIFF/PETITIONER: Lalani Nana“
1GCV299824
DEFENDANT/RESPONDENT: Susan M. Clarke; Albert K. Clarke, and Does 1-20
11.Insurance
a.
b.
c.
Insurance
Reservation of
carrier,
rights:
Coverage issues
E Yes E
any, for party
if
No
statement (name): Geico
filing this
case
significantly affec1 resolution of this
will (explain):
Defendant's have a minimal policy and damages
plaintiff's clearly exceed defendant's policy limits.
Defendants have assets.
12, Jurisdiction
E
indicate
Bankruptcy E
any matters that may
Other (specify):
case and describe the
affect the court‘s jurisdiction or processing of this status‘
Status:
13.
a, E
Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1)Name of case:
(2)Name of court:
(3)Case number:
(4) Status:
E Additional cases are described Attachment 13a.
E E E
in
bi A motion to consolidate coordinate willbe by (name party):
filed
14.
E
Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or
moving
action (specify and reasons):
party, type of motion,
causes of
Other motions
E
15.
The party or parties expect to file the following motions before
(specify
trial moving party, type of motion, and
issues):
16.
a.
b.
E
Discovery
The
The
have completed
party or parties
following discovery
will
discovery.
all
be completed by the date specified (describe
allanticipated discovery):
Pam Description Date
Plaintiff written discovery todefendants 2/201 7
Plaintiff deposition of defendants and two witnesses 5/2017
Plaintiff expert discovery reserved
c, E The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110[Rev.JuIy1‘2011]
CASE MANAGEMENT STATEMENT Page4o'5
CM-110
PLAINTIFF/PETITIONER: Lalani Nailau CASE ”UMBER
— 16CV299824
DEFENDANTIRESPONDENT; susan M. Clarke; Albert K. Clarke,and DOGS 1'20
17.
a. E
Economic litigation
This isa limited case
civil the
(i.e., amount demanded is$25,000 or less)and the economic procedures
litigation inCode
b. E of Civil Procedure sections 90-98
This
willapply tothis casei
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 tn'a/
should not apply to this case):
18. Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
Defendant fileda motion 9am
to strike that is set for 1/10/17 at in Department 9.
MM
Meet and confer
19.
a.
E The party have met and conferred with
or parties partieson subjects required by rule 3.724 of the California Rules
Wcfi
all all
of Court
./
not, explain):
(if
>6 Wfl‘aeu
b,
”UL
After meeting
(specify):
(y
15/16,“, Zblfk
and conferring as required by
(med
(W,
rule 3.724 of the California
Rules of Court, the parties agree on the following
20. Totalnumber ofpages attached (ifany):
|am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative
‘spute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipul
ti s on t
the case management conference, including the written authority of the party where required.
Date: December 19, 201 6
Richard E. Eichenbaum, Esq. }
(TYPEOR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPEOR PRINT NAME)
E (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-HOIRev ”0“]
Ju'v
CASE MANAGEMENT STATEMENT WW
Case Name:
Case No.:
Nailau v.
16CV299824
Clarke, et al.
F f“, ,
W ‘3:
PROOF OF SERVICE
c
I am over the age 0f eighteen years and not a party t0 the vzmfiilc‘ggcgén. A4} bfilginess
V
address is 51 East Campbell Avenue, Suite 120 Campbell, CA 950 :3I
l am employed m the
CSUE: ¢
>
county
business
of Santa
practice
Clara
for
where this
collection
service
and
occurs
processing
I
0f
am readily
correspondence for
MWHW
familiarWi—t-hm
m1
mailing
employer’ §
with U. S.
normal
Postal
Service, and that practice is that the correspondence is deposited with the U.S. Postal Service the
same day as the day 0f collection in the ordinary course 0f business.
On the date set forth below, following ordinary business practice, I served a true copy 0f the
foregoing document(s) described as:
CASE MANAGEMENT STATEMENT
on the parties listed below.
(BY MAIL) Icaused such en\'elope(s)with postage thereon fully prepaid t0 be placed in the United States mail
15‘
X at Campbell, California.
;
(BY FAX) by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below,
0r as stated 0n the attached service 0n
Iist, this date before5:00 p.m.
(BY HAND—DELIVERY BY COURIER SERVICE) I caused such envelope(s) to be delivered t0 a same—day
courier service with delivery fees provided for, addressed t0 the person(s) 0n whom it is t0 be served.
(BY OVERNIGHT DELIVERY) I caused such envelope(s) t0 be delivered t0an overnight delivery carrier
with delivery fees provided for, addressed to the person(s) 0nwhom it istobe served.
(BY PERSONAL SERVICE) Icaused such envelope(s) t0 be delivered by hand this date t0 the offices
of the addressee(s).
Other: REGISTERED MAIL; RETURN RECEIPT REQUESTED—I caused such envelopes t0 be delivered by
registered mail to the offices of the addresses listed below.
Thomas J.Murray, Esq. Attorneyfor Defendants,
Kern, Noda, Devine & Segal Susan M. Clarke and Albert K. Clarke
1388 Sutter Street, Suite 600
‘1
San Francisco, CA 94109
Telephone: (415) 474-1900
1
Facsimile: (415) 474-0302
I certify and declare under penalty of perjury under the laws of California that the foregoing
is true and correct.
Executedon: IZUQZ/(o WJKLQ) Aay Asquith
PROOF OF SERVICE