Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
LEWIS BRISBOIS BISGAARD & SMITH LLP
PETER VAN ZANDT, SB# 152321/MATTHEW McCULLOUGH, SB# 309351
333 BUSH STREET, SUITE 1100
SAN FRANCISCO, CA 94104-2872
TELEPHONE NO.: (415) 362.2580 FAX NO. (Optional): (415) 434.0882
E-MAIL ADDRESS (Optional):
Defendants Dylan Freitas, et al.
ATTORNEY FOR (Name): 9/22/2020
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
STREET ADDRESS: 1775 Concord Avenue
MAILING ADDRESS:
Chico, CA
CITY AND ZIP CODE: 95928
BRANCH NAME:North Butte County Courthouse
PLAINTIFF/PETITIONER: MILOS KAZOVIC
DEFENDANT/RESPONDENT: DYLAN FREITAS, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
19CV02345
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 7, 2020 Time: 10:30 am Dept.: 10 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Matthew K. McCullough
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name):
b. This statement is submitted jointly by parties (names): Defendants Dylan Freitas, Chris Allgood, Enterprise Rent
A Car Company of San Francisco, LLC and EAN Holdings, LLC
2. 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):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties 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) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) 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):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action):
Complaint alleges casuses of action for conversion, conspiracy to commit conversion, and negligence.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: MILOS KAZOVIC
19CV02345
DEFENDANT/RESPONDENT: DYLAN FREITAS, et al.
4. b. Provide a brief statement of the case, including any damages. (If 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 earnings. If equitable relief is sought, describe the nature of the relief.)
This case arises out of an alleged conversion from a motor vehicle in 2016. The court previously sustained in part
defendants' demurrer to plaintiff's first amended complaint. The court granted leave to amend and plaintiff filed a
second amended complaint. The parties are proceeding into written discovery.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request a jury triaI a nonjury 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 ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
See Attachment 1
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 4-5 days
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
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 has 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 has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) 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 not exceed the
statutory limit.
(2) 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 Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1, 2011] Page 2 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: MILOS KAZOVIC
19CV02345
DEFENDANT/RESPONDENT: DYLAN FREITAS, et al.
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 all that apply and provide the specified information):
The party or parties completing If the 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
(5) 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
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: MILOS KAZOVIC
19CV02345
DEFENDANT/RESPONDENT: DYLAN FREITAS, et al.
11. Insurance
a. Insurance carrier, 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):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Bankruptcy Other (specify):
Status:
13. 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:
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII 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 reasons):
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. The party or parties have completed all discovery.
b The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendants Written Discovery Per Code
Defendants Deposition of Plaintiff Per Code
Defendants Deposition of percipient witnesses Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: MILOS KAZOVIC
19CV02345
DEFENDANT/RESPONDENT: DYLAN FREITAS, et al.
17. 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 90-98 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
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. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of
Court (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): 1
I 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 at the time of
the case management conference, including the written authority of the party where required.
Date: September 22, 2020
Matthew K. McCullough
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
American LegalNet, Inc.
www.FormsWorkFlow.com
MC-025
SHORT TITLE: CASE NUMBER:
MILOS KAZOVIC v. DYLAN FREITAS, et al. 19STCV02345
ATTACHMENT (Number): 1
(This Attachment may be used with any Judicial Council form.)
6(c):
Trial counsel is unavailable on the following dates due to trials:
9/14/-9/18/2020;
10/5-10/9/2020;
1/26-1/29/2021;
2/8-2/12/2021;
3/1-3/5/2021;
4/5-4/9-2021;
5/3-5/6/2021;
5/25-5/28/2021;
12/27-12/30/2021
Page
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this ;
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use
Judicial Council of California
ATTACHMENT www.courtinfo.ca.gov
American LegalNet, Inc.
MC-025 [Rev. July 1, 2009] to Judicial Council Form www.FormsWorkflow.com
1 CALIFORNIA STATE COURT PROOF OF SERVICE
Milos Kazovic v. Dylan Freitas, et al.
2 Case No. 19CV02345
3 STATE OF CALIFORNIA, COUNTY OF PLACER
4 At the time of service, I was over 18 years of age and not a party to this action. My
business address is 2020 West El Camino Avenue, Suite 700, Sacramento, CA 95833.
5
On September 22, 2020, I served true copies of the following document(s): CASE
6 MANAGEMENT STATEMENT
7 I served the documents on the following persons at the following addresses (including fax
numbers and e-mail addresses, if applicable):
8
Milos Kazovic
9 P.O. Box 115
Cobb, CA 95426
10 T: 310.913.1517
Email: milosk@ymail.com;
11
The documents were served by the following means:
12
(BY U.S. MAIL) I enclosed the documents in a sealed envelope or package addressed to
13 the persons at the addresses listed above and:
14 Deposited the sealed envelope or package with the U.S. Postal Service, with the
postage fully prepaid.
15
Placed the envelope or package for collection and mailing, following our ordinary
16 business practices. I am readily familiar with the firm’s practice for collection and processing
correspondence for mailing. Under that practice, on the same day that correspondence is placed
17 for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal
Service, in a sealed envelope or package with the postage fully prepaid.
18
(BY E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an
19 agreement of the parties to accept service by e-mail or electronic transmission, I caused the
documents to be sent from e-mail address lanee.johnson@lewisbrisbois.com to the persons
20 at the e-mail addresses listed above. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
21 unsuccessful.
22 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
23
Executed on September 22, 2020, at Dutch Flat, California.
24
25
26 Lanee Johnson
27
28
4838-2119-0860.1 1
PROOF OF SERVICE