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  • Lalani Nailau vs Susan Clarke et al Auto Unlimited (22)  document preview
  • Lalani Nailau vs Susan Clarke et al Auto Unlimited (22)  document preview
  • Lalani Nailau vs Susan Clarke et al Auto Unlimited (22)  document preview
  • Lalani Nailau vs Susan Clarke et al Auto Unlimited (22)  document preview
						
                                

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