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  • Espinoza, Otoniel vs Kashani, Gavin Alexander et al(22) Unlimited Auto document preview
  • Espinoza, Otoniel vs Kashani, Gavin Alexander et al(22) Unlimited Auto document preview
  • Espinoza, Otoniel vs Kashani, Gavin Alexander et al(22) Unlimited Auto document preview
  • Espinoza, Otoniel vs Kashani, Gavin Alexander et al(22) Unlimited Auto document preview
  • Espinoza, Otoniel vs Kashani, Gavin Alexander et al(22) Unlimited Auto document preview
  • Espinoza, Otoniel vs Kashani, Gavin Alexander et al(22) Unlimited Auto document preview
  • Espinoza, Otoniel vs Kashani, Gavin Alexander et al(22) Unlimited Auto document preview
  • Espinoza, Otoniel vs Kashani, Gavin Alexander et al(22) Unlimited Auto document preview
						
                                

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Late Filed CM-110 ATTORNEYOR PARTY \MTHOUT AHORNEY (Name, State Bar number. and address): FOR COURT USE OHL Y Arash Khorsandi(249405)/Judd R. Allen(251327) The Law Offices of Arash Khorsandi, PC 2960 Wilshire Blvd., Third Floor, Los Angeles, CA 90010 TELEPHONE NO.(310) 277-7529 FAX NO, {Optional) : (310) 388-8442 E-MAILADDREss /Optional): ak@arashlaw.com; judd@arashlaw.com Plaintiff OTONIEL ESPINOZA ATTORNEY FOR (Name) 5/7/2020 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE STREET ADDRESS1775 Concord Avenue MAJUNGADâ–¡REss: 1775 Concord Avenue Chico, 95928 c1TYAND z1PcoDE: BRANCH NAME: North Butte County Courthouse PLAINTIFF/PETITIONER: Otoniel Espinoza DEFENDANT/RESPONDENT: Gavin Alexander Kashani, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): w UNLIMITED CASE (Amount demanded D LIMITED CASE (Amount demanded is $25,000 19CV02961 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 20, 2020 Time :10:30 a.m. Dept. :1 Div.: Room: Address of court (if different from the address above): [lJ Notice of Intent to Appear by Telephone, by (name): Roberto Dominguez Quiroga, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. W Plaintiff Otoniel Espinoza This statement is submitted by party (name) : b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date):October 2, 2019 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. W All parties named in the complaint and cross-complaint have been served, have appeared , or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 m complaint D cross-complaint (Describe, including causes of action): Auto v Auto - General Negligence/Motor Vehicle/Negligence Per Se/Negligent Entrustment. Pae1of5 Form Adopled 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 CM-110 CASE NUMBER: ,__ PLAINTIFF/PETITIONER: Otoniel Espinoza 19CV02961 DEFENDANT/RESPONDENT: Gavin Alexander Kashani, 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 is an auto v auto case in which Defendant struck Plaintiff causing Plaintiff Otoniel Espinoza to sustain serious injuries including neck, right hip, right leg and back. Medical specials to date: $49,000.00 and cont. Future Medical Specials: Subject to expert testimony. Loss of Earnings: Subject to expert testimony. D (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 W a jury trialD a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. 0 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): 5/26/20; 6/4/20; 6/22/20; 6/29/20; 7/13/20; 7/20/20; 8/4/20; 8/10/20; 8/17/20; 8/26/20; 9/4/20; 9/16/20; 9/21/20; 10/2/20; 10/5/2020; 10/9/20; 10/19/20; 11/3/20; 11/16/20; 11/24/20; 12/16/20; 1/22/21; 2/25/21; 2/5/21; 4/1/21 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [ZJ days (specify number): 10-14 days b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) W The party or parties will be represented at trial D 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 : D Additional representation is described in Attachment 8. 9. Preference D 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: Counsel0 has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) D For self-represented parties: Party has D has not reviewed the ADR information package identified in rule 3.221 . b. Referral to judicial arbitration or civil action mediation (if available). (1) D 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)0 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) D 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 or 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Otoniel Espinoza - 19CV02961 DEFENDANT/RESPONDENT: Gavin Alexander Kashani, 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): m Mediation session not yet scheduled m CJ Mediation session scheduled for (date): (1) Mediation CJ Agreed to complete mediation by (date): CJ Mediation completed on (date): [Z] Settlement conference not yet scheduled (2) Settlement [Z] CJ Settlement conference scheduled for (date): conference CJ Agreed to complete settlement conference by (date): CJ Settlement conference completed on (date): CJ Neutral evaluation not yet scheduled CJ CJ Neutral evaluation scheduled for (date): (3) Neutral evaluation CJ Agreed to complete neutral evaluation by (date): CJ Neutral evaluation completed on (date): CJ Judicial arbitration not yet scheduled (4) Nonbinding judicial CJ CJ Judicial arbitration scheduled for (date): arbitration CJ Agreed to complete judicial arbitration by (date) : CJ Judicial arbitration completed on (date): CJ Private arbitration not yet scheduled (5) Binding private CJ CJ Private arbitration scheduled for (date): arbitration CJ Agreed to complete private arbitration by (date): CJ Private arbitration completed on (date): CJ ADR session not yet scheduled CJ CJ ADR session scheduled for (date): (6) Other (specify): CJ Agreed to complete ADR session by (date): CJ ADR completed on (date): CM-110 [Rev, July 1, 2011] Page 3of 5 CASE MANAGEMENT STATEMENT CASE NUMBER: PLAINTIFF/PETITIONER: Otoniel Espinoza 19CV02961 DEFENDANT/RESPONDENT: Gavin Alexander Kashani , et al. 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D 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. D Bankruptcy D Other (specify) : Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. ( 1) Name of case: (2)Name of court: (3)Case number: (4)Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. [1J The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff fact discovery Per Code Plaintiff Expert discovery per CCP 2034 Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev July 1, 2011] Page 4of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Otoniel Espinoza 19CVO2961 DEFENDANT/RESPONDENT: Gavin Alexander Kashani, et al. 17. Economic litigation a. CJ 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. CJ 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 D The party or parties request that the following additional matters be considered or determ ined at the case management conference (specify): 19. Meet and confer a. D 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): _ _ __ 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 : May 6 , 2020 Judd R. Allen, Esq . (TYPE OR PRINT NAME) â–º (TYPE OR PRINT NAME) â–º (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 !Rev July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT PROOF OF SERVICE I declare that I am over the age of eighteen (18) and not a party to this action. My 2 business address is 2960 Wilshire Blvd., Third Floor, Los Angeles, California 90010. 3 On May 6, 2020, I caused to be served the following document(s): 4 CASE MANAGEMENT STATEMENT 5 on the interested party(ies) in this action by placing a true and correct copy of document(s) in a 6 sealed envelope addressed as follows: 7 Timothy J. Nisson, Esq. NISSON, PINCIN & HILL 8 2015 Shasta St. 9 Redding, CA 96099 Tel: 530-246-4201 10 Fax:530-246-1426 E-Mail: tim@ni pinlaw.com 11 Attorneys for Defendants, Gavin Alexander Kashani and Lucille Kashani 12 () [U.S. CERTIFIED MAIL] I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service. I 13 know that the correspondence is deposited with the United States Postal Service on the same day this declaration was executed in the ordinary course of business. I know that 14 the envelope was sealed and, with postage thereon fully prepaid, placed for collection and mailing on this date, following ordinary business practices in the United States mailed at 15 Los Angeles, California. 16 (X) [U.S. MAIL] I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service. I know 17 that the correspondence is deposited with the United States Postal Service on the same day this declaration was executed in the ordinary course of business. I know that the 18 envelope was sealed and, with postage thereon fully prepaid, placed for collection and mailing on this date, following ordinary business practices in the United States mailed at 19 Los Angeles, California. 20 ( ) [FACSIMILE] Via facsimile machine, I caused the above-referenced document(s) to be transmitted to the person(s) listed above. 21 () [ELECTRONIC MAIL] Via electronic mail, I caused the above-referenced document(s) 22 to be transmitted to the address listed above. 23 Executed on May 6, 2020, at Los Angeles, California. 24 (X) (ST ATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 25 26 27 28 PROOF OF SERVICE