Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
James Attridge SBN 124003
270 Divisadero Street, #3 ‘
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San Francisco, CA 94117
TELEPHONE NO.:
E-MAIL ADDRESS
415-552-3088
(Optional):jattridge@attridgelaw.com
FAX NO. (Optional):
FILED
SAN MATEO COUNTY
ATTORNEY FOR Interstate Auto Transporters, Inc.
(Name):B.J.
SUPERIOR COURT OF CALIFORNIA, COUNTY OFSan Mateo
FEB 1 2017
STREET ADDRESS: 400 County Center
MAILING ADDRESS:
‘ Clerk
CITY AND ZIP CODE: Redwood City, CA 94063
BRANCH NAME:
By
DEPUTVCLERK V
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PLAINTIFF/PETITIONER: Andy Saberi
DEFENDANT/RESPONDENT: Les Stanford Chevrolet
CASE MANAGEMENT STATEMENT CASE NUMBER:
/___ __
(Check one): UNLIMITED CASE E LIMITED CASE CIV 536294
____
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(Amount demanded
exceeds $25,000)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
(Amount demanded is $25,000
or less)
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Date: February 9, 2017 Time: 9 AM Dept: 21 Div.: Room: 5
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Address of court (if different from the address above):
E] Notice of Intent to Appear by Telephone, by (name):
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INSTRUCTIONS. All applicable boxes must be checked, and the specified information must be provided. 2 E 3 E
C) U o m
1. Party or parties (answer one): I I
This statement is submitted by party (name): B.J. Interstate Auto Transporters, Inc.
b. [:I This statement is submitted jointly by parties (names):
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): November 20, 2016
3.
a.
b.
-I:
Service (to be answered by plaintiffs and cross-complainants only)
All parties named in the complaint and cross-complaint have been served, have appeared, or have been dIsmIssed
The following parties named in the complaint or cross-complaint
(1) I: have not been served (specify names and explain why not):
(2) C] have been served but have not appeared and have not been dismissed (specify names):
(3) I:] have had a default entered against them (specify names):
c. I: 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
3- Type Of 0859 In - complaint
Damage to automobile being transported
cross--defendant, Dedyk.
- cross- complaint
In
V
(Describe including causes of action):
interstate commerce. Damage was actually done by
Page 1 of 5
Form Adopted for Mandatory Use
CASE MANAGEMENT STATEMENT Cal. Rules of Court.
Judicial Council of California
CM-110 [Rev. July 1, 2011] mes 31mm
www.courts.ca.gov
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CM-110
CASE NUMBER:
— PLAINTIFF/PETITIONER: Andy Saberi
CIV 536294
-
DEFENDANT/RESPONDENT: Les Stanford Chevrolet
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.)
Alleged damage to new automobile being transported in interstate commerce.
5.
i: (If more space is needed, check this box and attach a page designated as Attachment 4b. )
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
3. Ci The trial has been set for (date):
b. i:i 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):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 4
b. |:| hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial
a. Attorney:
by the attorney or party listed in the caption |:] by the following:
b. Firm:
0. Address:
d. Telephone number: f. Fax number:
e. E-mailaddress:
l:i Additional representation is described in Attachment 8.
9, Party represented:
9. Preference
[:i 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 hasE i:|
has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
b.
(2) For self-represented parties: Party i: i: has has not reviewed the ADR information package identified in rule 3.221.
Referral to judicial arbitration or civil action mediation (if available).
(1) E This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediationl under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory imit.
(2) I: 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 Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110[Rev..iuly1,2011] PageZotS
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Andy Saberi
__
CIV 536294
DEFENDANT/RESPONDENT: Les Stanford Chevrolet
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
[:1 DDDD
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2) Settlement
conference DUDE
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 DUDE
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
(4) Nonbinding judicial '
DUDE
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
!
Private arbitration not yet scheduled
I
Private arbitration scheduled for (date):
(5,) Binding private
DUDE
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify): DUDE
Agreed to complete ADR session by (date):
ADR completed on (date):
(SM-110 [Rev. July 1. 2011] Page 3 015
CASE MANAGEMENT STATEMENT
CASE NUMBER
_ PLAINTIFF/PETITIONER: Andy Saberi
ClV 536294
DEFENDANT/RESPONDENT: Les Stanford Chevrolet
11. Insurance
|:]
a.
b.
c.
Reservation of rights:
|:]
I:
Insurance carrier, if any, for party filing this statement (name):
Yes 1:] 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.
|:|Bankruptcy El
Other (specify):
|
Status:
a. I:
13. Related cases, consolidation, and coordination
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 133.
b. [:1 A motion to CI consolidate [:1 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):
B.J. Interstate will file a motion for summary judgement, and if successful wrll file separate action against
plaintiff for malicious prosecution.
16. Discovery
1:] The party or parties have completed all discovery.
.
a.
lb. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
B.J. Interstate Form Interrogatories March 6, 2017
'
Requests for Admission March 6, 2017
c. I: The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
'
CM-110[Rev.July1.2011] Page-tots
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Andy Saberi
— CIV 536294
DEFENDANT/RESPONDENT: Les Stanford Chevrolet
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. :1 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.
I:
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):
I
Iam completely familiar'with this case and will be fully prepared to discuss the status of discoveryfi‘zflternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipul ion' on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: January 30, 2017
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James Attridge ;
(TYPE 0R PRINT NAME)
’ ”If! gia— R&RTY OR ATTORNEY)
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(TYPE 0R PRINT NAME) ‘
. I: (SIGNATURE OF PARTY 0R ATTORNEY)
Additional signatures are attached.
CM-110{ReviJuly1,2011] PageSofS
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 business
address is 270 Divisadero Street, #3, San Francisco, CA 941 17.
On January 30, 2017, I served the following document(s): Case Management Conference
Statement on the interested parties in this action by placing a true and correct copy of such
document, enclosed in a sealed envelope, addressed as follows:
Tom Crowell Michael Levangie
0000\10
Toschi, Sidran, Collins & Doyle Levangie Law Group
5145 Johnson Drive 2021 N Street
Pleasanton, California 94588 Sacramento, CA 9581 1
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12 James Dombrowsm ,. .1 ._.. ,. .. _
Law‘Office of James Dombrqwski
13 Post Office Box 751027
Petaluma, CA 94975“
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1:1 I am readily familiar with the business’ practice for collection and processing of
17 correspondence for mailing with the United States Postal Service. I know that the correspondence
was deposited with the United States Postal Service on the same day this declaration was executed in
18 the ordinary course of business. I know that the envelope was sealed and, with postage thereon fully
prepgid, placed for collection and mailing on this date in the United States mail at, San Francisco,
19 Cali omia.
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_21 Executedi January 30, 2017 1
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\fJames\Attridge
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY James Attridge SBN 124003 270 Divisadero Street, #3 ‘ ~ ~ ~ San Francisco, CA 94117 TELEPHONE NO.: E-MAIL ADDRESS 415-552-3088 (Optional):jattridge@attridgelaw.com FAX NO. (Optional): FILED SAN MATEO COUNTY ATTORNEY FOR Interstate Auto Transporters, Inc. (Name):B.J. SUPERIOR COURT OF CALIFORNIA, COUNTY OFSan Mateo FEB 1 2017 STREET ADDRESS: 400 County Center MAILING ADDRESS: ‘ Clerk CITY AND ZIP CODE: Redwood City, CA 94063 BRANCH NAME: By DEPUTVCLERK V ‘ PLAINTIFF/PETITIONER: Andy Saberi DEFENDANT/RESPONDENT: Les Stanford Chevrolet CASE MANAGEMENT STATEMENT CASE NUMBER: /___ __ (Check one): UNLIMITED CASE E LIMITED CASE CIV 536294 ____ = i' (Amount demanded exceeds $25,000) A CASE MANAGEMENT CONFERENCE is scheduled as follows: (Amount demanded is $25,000 or less) ~ E — =‘ I .' I' ' i .5 = Q Date: February 9, 2017 Time: 9 AM Dept: 21 Div.: Room: 5 \ i Address of court (if different from the address above): E] Notice of Intent to Appear by Telephone, by (name): E ; E : I', g E ( l2l ll E e to . ‘2" INSTRUCTIONS. All applicable boxes must be checked, and the specified information must be provided. 2 E 3 E C) U o m 1. Party or parties (answer one): I I This statement is submitted by party (name): B.J. Interstate Auto Transporters, Inc. b. [:I This statement is submitted jointly by parties (names): 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): November 20, 2016 3. a. b. -I: Service (to be answered by plaintiffs and cross-complainants only) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dIsmIssed The following parties named in the complaint or cross-complaint (1) I: have not been served (specify names and explain why not): (2) C] have been served but have not appeared and have not been dismissed (specify names): (3) I:] have had a default entered against them (specify names): c. I: 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 3- Type Of 0859 In - complaint Damage to automobile being transported cross--defendant, Dedyk. - cross- complaint In V (Describe including causes of action): interstate commerce. Damage was actually done by Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court. Judicial Council of California CM-110 [Rev. July 1, 2011] mes 31mm www.courts.ca.gov NHS‘IOAmdQO smog mum-"W- " m um x3310 Amdao . £102 1 G} .. w5: ynooaouedns sumo 219D [102 I0 83:! éfgjmfi a” "g c’3‘rie-qxmcx3 ogww m (E a AM 3:43 33fl CM-110 CASE NUMBER: — PLAINTIFF/PETITIONER: Andy Saberi CIV 536294 - DEFENDANT/RESPONDENT: Les Stanford Chevrolet 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.) Alleged damage to new automobile being transported in interstate commerce. 5. i: (If more space is needed, check this box and attach a page designated as Attachment 4b. ) 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 3. Ci The trial has been set for (date): b. i:i 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 4 b. |:| hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial a. Attorney: by the attorney or party listed in the caption |:] by the following: b. Firm: 0. Address: d. Telephone number: f. Fax number: e. E-mailaddress: l:i Additional representation is described in Attachment 8. 9, Party represented: 9. Preference [:i 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 hasE i:| has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. b. (2) For self-represented parties: Party i: i: has has not reviewed the ADR information package identified in rule 3.221. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediationl under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory imit. (2) I: 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110[Rev..iuly1,2011] PageZotS CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Andy Saberi __ CIV 536294 DEFENDANT/RESPONDENT: Les Stanford Chevrolet 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 [:1 DDDD Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement conference DUDE 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 DUDE Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): (4) Nonbinding judicial ' DUDE arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): ! Private arbitration not yet scheduled I Private arbitration scheduled for (date): (5,) Binding private DUDE arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): DUDE Agreed to complete ADR session by (date): ADR completed on (date): (SM-110 [Rev. July 1. 2011] Page 3 015 CASE MANAGEMENT STATEMENT CASE NUMBER _ PLAINTIFF/PETITIONER: Andy Saberi ClV 536294 DEFENDANT/RESPONDENT: Les Stanford Chevrolet 11. Insurance |:] a. b. c. Reservation of rights: |:] I: Insurance carrier, if any, for party filing this statement (name): Yes 1:] 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. |:|Bankruptcy El Other (specify): | Status: a. I: 13. Related cases, consolidation, and coordination 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 133. b. [:1 A motion to CI consolidate [:1 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): B.J. Interstate will file a motion for summary judgement, and if successful wrll file separate action against plaintiff for malicious prosecution. 16. Discovery 1:] The party or parties have completed all discovery. . a. lb. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date B.J. Interstate Form Interrogatories March 6, 2017 ' Requests for Admission March 6, 2017 c. I: The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ' CM-110[Rev.July1.2011] Page-tots CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Andy Saberi — CIV 536294 DEFENDANT/RESPONDENT: Les Stanford Chevrolet 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. :1 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. I: 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): I Iam completely familiar'with this case and will be fully prepared to discuss the status of discoveryfi‘zflternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipul ion' on these issues at the time of the case management conference, including the written authority of the party where required. Date: January 30, 2017 , | / James Attridge ; (TYPE 0R PRINT NAME) ’ ”If! gia— R&RTY OR ATTORNEY) Vs’ . ' b | . (TYPE 0R PRINT NAME) ‘ . I: (SIGNATURE OF PARTY 0R ATTORNEY) Additional signatures are attached. CM-110{ReviJuly1,2011] PageSofS 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 business address is 270 Divisadero Street, #3, San Francisco, CA 941 17. On January 30, 2017, I served the following document(s): Case Management Conference Statement on the interested parties in this action by placing a true and correct copy of such document, enclosed in a sealed envelope, addressed as follows: Tom Crowell Michael Levangie 0000\10 Toschi, Sidran, Collins & Doyle Levangie Law Group 5145 Johnson Drive 2021 N Street Pleasanton, California 94588 Sacramento, CA 9581 1 11 12 James Dombrowsm ,. .1 ._.. ,. .. _ Law‘Office of James Dombrqwski 13 Post Office Box 751027 Petaluma, CA 94975“ 14 15 16 1:1 I am readily familiar with the business’ practice for collection and processing of 17 correspondence for mailing with the United States Postal Service. I know that the correspondence was deposited with the United States Postal Service on the same day this declaration was executed in 18 the ordinary course of business. I know that the envelope was sealed and, with postage thereon fully prepgid, placed for collection and mailing on this date in the United States mail at, San Francisco, 19 Cali omia. 20 _21 Executedi January 30, 2017 1 22 '23 '24 \fJames\Attridge 25 _' 26 . 27 28 1 JOINT CASE MANAGEMENT CONFERENCE STATEMENT