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)
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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
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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
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DEFENDANT/RESPONDENT: Les Stanford Chevrolet Cadillac
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CASE NUMBER:
CASE MANAGEMENT STATEMENT
(Check one): UNLIMITED CASE
(Amount demanded
l:l LIMITED CASE
(Amount demanded is $25,000
ClV536294
exceeds $25,000) or le$)
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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
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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
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CM-110
CASE NEWER:
.
. _ PLAlNTlFF/PETITlONER: Andy Saberi
. ClV036294
DEFENDANT/RESPONDENT: Les Stanford Chevrolet Cadillac
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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
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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,
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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
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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.
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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):
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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
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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 ..
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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
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ATTORNEY FOR BJ INTERSTATE AUTO
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TRANSPORTER’S, INC. and BOGAN
DEDYK
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James Attridge
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Law Office of James Attridge
14 270 Divisadero St.#3
San Francisco, CA 94117
15 Tel: (415) 552-3088
jattridge@attridgelaw.com
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Michael John LeVangie
17 LeVangie Law Group, LLP
2021 N St
I8 Sacramento, CA 95811
Tel: (916) 443-4849
19 Fax: (916) 443—4855
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TOSCIII - SIDRAN
COLLINS . Dan:
A PROFESSIONAL OUR FILE NO.: 11052 PROOF OF SERVICE
CORPORATION