arrow left
arrow right
  • 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
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address): FOR COURT USE ONLY David Sidran ( SBN 121063) / Thomas Crowell (SBN 1727 9) ‘ “fl..- TOSCHI SIDRAN COLLINS & DOYLE 5145 Johnson Drive. Pleasanton, CA 94588 510.835.3400 FAX No. (Optional): 510,8357800 FILED COUNTY TELEPHONE N0.: sAN MATEO E-MAIL ADDRESS (Optional): dsidran@toschisidran.com / tcrowell@toschisidran.com 1 2M5 ATTORNEY FOR (Name): Les Stanford Chevrolet Cadillac SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo STREET ADDRESS: 400 County Center MAILING ADDRESS; 400 County Center CITY AND 2'? CODE: Redwood City 94063 - BRANCH NAME: SW3 aseo PLAINTIFF/PETITIONER:Andy Saberi UUQLLZ Vfilfifiqnlfl DEFENDANT/RESPONDENT: Les Stanford Chevrolet Cadillac \llllllllllllll tuauiafieuew CASE NUMBER: CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE (Amount demanded l:l LIMITED CASE (Amount demanded is $25,000 ClV536294 exceeds $25,000) or le$) (uauiams llllllllllllllllllll A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 9, 2016 Time: 9:00 am Dept: 21 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone,by (name): Thomas M. Crowell ( \\ lNSTRUCTlONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): .‘ a. b. :1 Defendant, This statement is submitted by party (name): Les Stanford Chevrolet Cadillac This statement is submitted jointly by parties (names): BYF1F: 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. November 18, 2015 The complaint was filed on (date): b. l:] The cross-complaint, if any. was filed on (date): 3. Service (to be answered by plaintiffs and cross—complainants only) a. C] All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. :1 The following parties named in the complaint or cross-complaint (1) CI have not been served (specify names and explain why not): (2) CI have been sewed but have not appeared and have not been dismissed (specify names): (3) I: have had a default entered against them (specify names): 0. :1 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 I: crossaomplaint Song-Beverly. act, Breach of Contract, Carmack Amendment. (Describe, including causes of action): Page1015 Form Adapted for Mandate Use Cal. Rules of Court. Judicial Council or Calitotynia CASE MANAGEMENT STATEMENT rules 3720-8130 CM-11O IRev. July 1, 2011] www.murtscagov .. .... .. N .... . w. CM-110 CASE NEWER: . . _ PLAlNTlFF/PETITlONER: Andy Saberi . ClV036294 DEFENDANT/RESPONDENT: Les Stanford Chevrolet Cadillac 4.. .-. .... 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 mm. .,._..4_,<, earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff bought a high-end Corvette from Les Stanford Chevrolet Cadillac. During transport to California by the other defendants, damage of an unknown nature occurred and was repaired. Defendant sues for this damage, ....,._nwn,,.,,. as well as for a claim that the implied warranty of merchantability created by the Song-Beverly act was breached. [:1 (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 trial1:] a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [:1 The trial has been set for (date): b. II] 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): 2016: 11/21 -1 1/25 2017: 1/09-1/10; 1/30-2/03; 2/14-2/17; 2/23-3/03; 3/13-3/23; 4/10-4/12; 4/24-4/28; 5/15-4/19; 6/19-7/28, 7/31 -8/04 [ Trials and Vacations set] 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5'7 b. :1 hours (short causes) (specify): 8. Trial representation (to be answered for each party) [I] The party or parties will be represented at trial a. Attorney: , [:1 by :he attorney or party listed in the caption by the following: b. Firm: c. Address: d. Telephone number. f, Fax number. e. E—mailaddress: 9. Party represented: [:1 Additional representation is described in Attachment 8. 9. Preference |:| This case is entitled to preference (specify code section): 10. dispute resolution (ADR) Alternative 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 El has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) 1:] For self-represented parties: Party has 1:] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1)1:] This matter is sub‘ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under ode 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)[:| of the California Rules of Courtor from civil action This case is exempt from judicial arbitration under rule 3.811 mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110[Rev. July 1,2011] PageZots CASE MANAGEMENT STATEMENT CM-1 1 O CASE NUMBER: _ PLAINTIFF/PETITIONER: Andy Saberi ClV536294 DEFENDANT/RESPONDENT: Les Stanford Chevrolet Cadillac 10. 0. orpartiesare willing to participate in, have agreed to participate in, or Indicate the ADR process or processes that the party have already participated in (check all that apply and provide the specified information): Ifthe party or parties completing this form in the case have agreed to “at. The party or parties completing - "M this form are willing to participate in or have already completed an ADR process or processes. '2 indicate the status of the processes (attach a copy of the partles'ADR participate in the following ADR processes (check all that apply): stipulation): Mediation session not yet scheduled (1) Mediation III DUI]! Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled ‘ (2) Settlement conference |I| DUDE] Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled (3) Neutral evaluation '3 DUDE! 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 arbitration I: HEIDI] Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private arbitration |:| DUDE] Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduied (6) Other (specify): El DUDE] 'ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): , [Rel July CM-110 1. 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT cull-Jim CASE NUMBER: _ PLAINTIFF/PETITIONER: Andy Saberi CIV536 294 DEFENDANT/RESPONDENT: Les Stanford Chevrolet Cadillac a. b. c. -:1 11. Insurance :I Insurance carrier, if any, for party filing this statement (name): Sentry insurance Company Reservation of rights: Yes [II 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. 1:] Bankruptcy [:1 Other (specify): Status: 13. Related cases, consolidation, and coordination a. [:1 There are companion, underlying, or related cases. (1)Name of case: (2)Name of court: (3)Case number: (4)Status: [:1 Additional cases are described in Attachment 13a. b, E] A motion to [:1 consolidate I:] coordinate will be filed by (name party): 14. I: 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): A demurrer is on file, set to be heard December 28, 2016 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): Pam Descrimion Date Defendant Written Discovery After Demurrer Defendant Inspection of Vehicle After Demurrer Defendant Deposition of Plaintiff After Demurrer c - -The following discovery Issues, including Issues regarding the discovery of electronically stored information anticipated (specify). No dates can be set as the matter is not at issue.See below. are w...“ w CM-110[Rev. July 2011] 1. Page-tots CASE MANAGEMENT STATEMENT em-110 CASE “UMBER PLAINTIFF/PETITIONER: Andy Saberi ' _. CIV536294 DEFENDANT/RESPONDENT: Les Stanford Chevrolet Cadillac 17. Economic litigation a 3:] This Is a limited civil case (i.90- e. the amount demanded Is $25 000 or less) and the economic litigation procedures In Code to this case. 4:» W: or Civil Procedure sections 98 will apply .: b. |:] This is a limited civil case and a motion to withdraw the case from the economic litigaziOn precedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery orlrial ’1’.»s .1; should not apply to thls‘case): eta-:x'rm: . was»; 18;Other issues e [:1 The party or parties request that the following additional matters beconsidered or determined at the case management conference (specify): -:».»-..w-mm.~:: 19 Meet and confer a.CI 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 not (If 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): nu 20. Total number of pages attached (if any):0 .hmw..-... l 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. . an Date: November 30, 2016 v...— ”waving” David R. Sidran lTh‘omas M. Crowell } . mm: OR PRINT 'NAME) 0? Emmy 0R ATTORNEY) (SIGNATURE .y3-.A‘--UJ ANDY SABERI .. -. I a.“ James M. Dombroski, Esq. Thomas I. Saberi, Esq. Law Office of James M. Dombroski Law Office of William H. Payner Post Office Box 751027 1045 Ariport Blvd. Suite 12 Petaluma, CA 94975 So. San Francisco, CA 94080 Tel: (707) 762-7807 Tel: (650) 588-2428 Fax: (707) 769-0419 Fax: (650) 873-7046 10 ATTORNEY FOR BJ INTERSTATE AUTO 11 TRANSPORTER’S, INC. and BOGAN DEDYK 12 James Attridge 13 Law Office of James Attridge 14 270 Divisadero St.#3 San Francisco, CA 94117 15 Tel: (415) 552-3088 jattridge@attridgelaw.com 16 Michael John LeVangie 17 LeVangie Law Group, LLP 2021 N St I8 Sacramento, CA 95811 Tel: (916) 443-4849 19 Fax: (916) 443—4855 20 21 22 23 24 25 26 27 28 TOSCIII - SIDRAN COLLINS . Dan: A PROFESSIONAL OUR FILE NO.: 11052 PROOF OF SERVICE CORPORATION