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  • ANDY SABERI VS LES STANFORD, ETAL(06) Unlimited Breach of Contract/Warranty document preview
  • ANDY SABERI VS LES STANFORD, ETAL(06) Unlimited Breach of Contract/Warranty document preview
  • ANDY SABERI VS LES STANFORD, ETAL(06) Unlimited Breach of Contract/Warranty document preview
  • ANDY SABERI VS LES STANFORD, ETAL(06) Unlimited Breach of Contract/Warranty document preview
  • ANDY SABERI VS LES STANFORD, ETAL(06) Unlimited Breach of Contract/Warranty document preview
  • ANDY SABERI VS LES STANFORD, ETAL(06) Unlimited Breach of Contract/Warranty document preview
  • ANDY SABERI VS LES STANFORD, ETAL(06) Unlimited Breach of Contract/Warranty document preview
  • ANDY SABERI VS LES STANFORD, ETAL(06) Unlimited Breach of Contract/Warranty document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bal number, and address)‘ FOR COURT USE ONLY Michael J. LeVangie, SBN 160163 LEVANGIE LAW GROUP 2021 N Street, Sacramento, CA 95811 TELEPHONE N0.: 91 6-443-4849 FAX NO. (Optional). 91 64434855 ILED FMATEO COUNTY _ SAN michael.levangie@llg—Iaw.com E-MAILADDQESS (Optional): ATTORNEY FOR (Name): Defendant Bogdan Dedyk dba Safe Auto Transport SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO STREET ADDRESS: 400 County Center MAILING ADDRESS: 400 County Center CITY AND 2" CODE Redwood City CA 94063 BRANC-l NAME' PLAINTIFF/PETITIONER: ANDY SABERI DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC INC et al. D l (Check one): CASE MANAGEMENT STATEMENT UNLIMITED CASE (Amount demanded exceeds $25,000) l:l LIMITED CASE (Amount demanded is $25,000 or less) CASE NUMBER: CIV 536294 ( = E I .l QSLVLZ asea swa ,I vezsesmn =‘ I tuawafieuew A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 9, 2016 Time: 9:00 am. Dept: 21 1 E = Div.: Room: I tuawatets Address of court (if different from the address above): . Notice of Intent to Appear by Telephone, by (name): Michael LeVangie INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. IX 1. Party or parties (answer one): a. This statement is submitted by party (name): Defendant Bogdan Dedyk dba Safe Auto Transport b. 1::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): b. 1:: The cross-complaint, if any, was filed on (date): , 3. Service (to be answered by plaintiffs and cross-complainants only) a. :1 All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [:1The following parties named in the complaint or cross-complaint (1) 1:1 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): 0. I: The following additional parties may be added (specify names, nature of involvement in case, and date they may be served): by which 4. Description of case a. Type Of case in complaint :1 cross—complaint (Describe, including causes of action): Violation of the Song-Beverly Consumer Warranty Act Civil Code Section 1790 et seq., also known as "Lemon Law", against Defendant Les Sanford; Fraud and Negligence Page 1 of 5 F 1363333132,Igfggigggigse CASE MANAGEMENT STATEMENT Cal. Rules of Court, CM~11O (Rev. July 1, 2011] mles 3720—3730 www.courts.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER. ANDY SABER! - CIV 536294 —DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC INC 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. lf equitable relief is sought, describe the nature of the relief.) Plaintiff claims a car he purchased was defective upon delivery. C] (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 requesting a jury trial): a jury trial |:i a nonjury trial. (If more than one party, provide the name of each party 6. Trial date a. b. I: 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 date of the filing of the complaint (if not, explain): 0. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 12/5/16,12/13/16, 12/15/16, 12/27/16, 1/30/17-2/1/17, 3/3/17, 3/13/17-3/30/17, 4/3/17, 4/5/17, 4/10/17 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days {specify number): 3'5 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial a. Attorney: [I] by the attorney or party listed in the caption I:] by the following: b. Firm: 0. Address: d. Telephone number: f. Fax number: e. Email address: 9. Party represented: [:1 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 :ihas not in rule 3.221 to the client and reviewed ADR options with the client. provided the ADR information package identified b. (2) For self-represented parties: Party I: has [:1 has not reviewed the ADR information package identified in rule 3.221. Referral tojudicial arbitration or civil action mediation (if available). (1) C] Thismatter is sub’ect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 orto civil action rnetdrationruntder ode of CNN Procedure section 1775.3 because the amount in controversy does not exceed the sa u ory imi . - (2) [:1 Plaintiffelects to refer this case tojudicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) E] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Courtor from civil action Cit-“WV Mil-2°11] CASE MANAGEMENT STATEMENT ”gem CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: ANDY SABER] — ' CIV 536294 DEFENDANT/RESPONDENT LES SANFORD CHEVROLET CADILLAC INC et al. 10. 0. 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 (1) Mediation :1 DUDE! Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement conference E] HEIDI] Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3) N eu tr a l eva ua t'IonI [:1 HEIDI] Neutral evaluation scheduled for (date): 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): arbr't ratron . HEIDI Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private arbr’t ration . :1 DUDE Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): [:1 DUDE! ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 30f5 CASE MANAGEMENT STATEMENT CM-JJD. CASE NUMBER: PLAINTIFF/PETITIONER: ANDY SABERI CIV 536294 DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC INC et al. 11. Insurance a. b. c. I: Reservation of rights: :1 Yes I: Insurance carrier, if any, for party filing this statement (name): Great Lakes Insurance No 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. E] Bankruptcy [:| Other (specify): Status: 13. Related a. I: 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 b. I: A motion to I: in consolidate Attachment 13a. Cl coordinate wrrr be filed by (name party): 14. Bifurcation [:1 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 ofmotion, and issues): Motion for Summary Judgment or, in the alternative, Summary Adjudication 16. Discovery a. [:1 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 % Defendant Safe Auto Transport Written Discovery June 2017 Defendant Safe Auto Transport Depositions of Percipient Witnesses June 2017 Defendant Safe Auto TranSport Supplemental Discovery June 2017 Defendant Safe Auto Transport Expert Witness Discovery and Depositins Per Code c. [:j The following discovery issues, including issues regarding the discovery of electronically stored anticipated (specify): information, are CM-110 [Rev July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 or 5 CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: AN DY SABERI — ClV 536294 DEFENDANT/RESPONDENT: LES SANFORD CHEVROLET CADILLAC INC et al. 17. Economic litigation a. I:] 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. I:] 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 :1 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): 2g 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: November 22, 2016 Michael J. LeVangie (TYPE 0R PRINT NAME) (TYPE OR PRINT NAME) / ’ %STGNATURE (SIGNATURE OF PARTY OR ATTORN or PARTY OR ATTORNEY) E] Additional signatures are attached. CM-110[Rev.July1,2011] Page50f5 CASE MANAGEMENT STATEMENT p—t Re: Saberi v. Les Stanford Chevrolet Cadillac, Inc., et a1. San Mateo Superior Court, Case Number: CIV536294 PROOF OF SERVICE 1, the undersigned, declare that I am, and was at the time of service of the papers herein referred to, over the age of 18 years and not a party to the within action or proceedlng. My business address is 2021 N Street, Sacramento, California, 95811, which is located in the county in which the within-mentioned service occurred. ©00\l°\M&MN On this date, I served the following document: CASE MANAGEMENT STATEMENT to each addressee named below: James M. Dombroski Tom Crowell Law Office of James M. Dombroski Toschi, Sidran, Collins & Doyle Post Office Box 751027 5145 Johnson Drive Petaluma, CA. 94975 Pleasanton, CA 94588 idornski@a01.com TCrowelI@toschisidran.com Phone: (707) 762-7807 Phone: (510) 835-3400 Fax: (707) 769-0419 Fax: (510) 835-7800 ATTORNEYS FOR LES STANDFORD Thomas I. Saberi, Esq. CHEVROLET CADILLAC INC. Law Office of William H. Paynter 1045 Airport Blvd, Suite 12 So. San Francisco, CA 94080 tsaberi@aol.com Phone: (650) 588-2428 NNNNN—Hr—nmu—nw—HHi—n Fax: (650) 873-704 ATTORNEYS FOR PLAINTIFF AMNHO©W\I3\M&MNHC James Attridge Business Trial Lawyer 270 Divisadero St., #3 San Francisco, CA 941 17 iattridge@attridgelawcom Phone: (415) 552-3088 Fax: None ATTORNEYS FOR BJ INTERSTATE AUTO TRANSPORTER’S, INC. [X] (MAIL) A true copy of said document was placed in a sealed envelope on this date, addressed as indicated above, and deposited in regularly maintained office mail for collection, postage and same-day delivery to the United States Postal Service at Sacramento, California with postage thereon fully prepared for delivery to the addressees. 25 Executed on November 22, 2016, at Sacramento, California. 26 I declare under penalty of perjury, under the laws of the State of California, that the 27 28 foregoing is true and correct. “weak Mary Kin»;§ ‘ \