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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, Stale Bar number, and address): FOR COURT USE ONLY JAMES M. DOMBROSKI (SBN 056898) P.O. BOX 751027 Petaluma, California 94975 TELEPHONE‘NOE: 707-762-7807 707-769-0111 9 FAX NO. (Opflonal): 'F IQIET) COUNTY E-MAIL ADDRESS (Optional): jdomski@aol.com SAN MATEO ATTORNEY FOR (Name): Plaintiff SUPERIOR cou RT or CALIFORNIA, COUNTY or SAN MATEO. STREET ADDRESS: 800 N Humboldt St MAILING ADDRESS: ClTYANDZlPCODE:San Mateo, California 94401 BRANCH NAME: PLAINTIFF/PETITIONER:Andy Saberi. an individual DEFENDANT/RESPONDENT: Les Stanford Chevrolet Cadillac. et al. CASE MANAGEMENT STATEMENT CASE NUMBER: { ;i (Check one): ’ UNLIMITED CASE (Amount demanded :1 LIMITED CASE (Amobnt'demanded is $25,000 ON 536 294 asea swo VLQSUV VGZQSSAIO exceeds $25,000) Or less) tuawafieuew A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 30, 2017 Time: 9:00 am Dept; 10 Div.: Room: iuawaieis Address of court (if different from the address above): 0 Notice of intent to Appear by Telephone, by (name): James Dombroski and/or Thomas Saberi INSTRUCTIONS: All applicable boxes must be checked, and the specified infbn‘nation‘must be provided 1. Party or parties (answer one): a. b. I: This statement is submitted jointly by parties Plaintiff Andy Saberi This statement is submitted by party (name): (names): 2. Complaint and cross-com plalnt (to be answered by plaintiffs andcross—complainants only) ETFAX a. The complaint was filed on (date):November 18, 2015 b. {:3 The cross-complaint. if any. was'filed on (date): 3. Service (to ‘be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served. have appeared, or have beendismissed. b. [:1 The following parties named in the complaint or cross—complaint ( 1) [:1 have not been served (specify names and explain why not): (2) [:3 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): c. 1:] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Description of case 4. a. Type ofcase in complaint i:i cross-complaint (Describe, including causes of action): Lemon Law violation. breach of contract, Carmack Amendment and negligence Page 1 075 Form Adopted tor Mandatory Use Judicial Council of Califomla CASE MANAGEMENT STATEMENT Cal. Rules of Court. rules 372043.730 CM»110 (Rev. July 1. 2011] WWMOOUIISCBQOV ' CM-110 CASENUMBER: _ PLAlNTIFF/PETlTlONER: Andy Saberi, an individual - CW 536 294' DEFENDANT/RESPONDENT: Les Stanford Chevrolet Cadillac, et ai. 4. b. Provide a brief statement ofthe 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 or the relief.) Plaintiffpurchaseda new 2016 Chevrolet Corvette 206 convertible which was damaged and lost substantial value before it was delivered. Plaintiff demands new vehicle or restitution and damages, attorney‘s fees and costs. C] (If more space is needed, check this box and attache page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request [:3 a jury trial a nonjury trial. (If more than oner'party, provide the name of 'eaCh party requesting a jury trial); 6, Trial date a. |:| [2] 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 b. not, explain): c. Dates on which parties or attorneys will ndt 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): 2‘3 days b. [:1 hours (short causes) (specify): 8. Trial representation (to be answered for each party) [:2] The party or parties will be represented at trial [:3 by the attomey or party listed in the caption by the following: a. Attorney; Thomas I. Saberi b. Firm: LAW OFFICE OF WILLIAM H. PAYNTER c. Address: 1045' Airport Blvd.,. Suite 12, South San Francisco, CA 94080 d. Telephone number: (650) 588-2428 f. Fax number; (650) 8713-7046 ‘e. E-mail address: tsaberi@aol.com 9. Party represented: Plaintiff {:1 AdditiOnal representation is described in Attachment 8. 9,.Preference [I] g 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 'E] hasnot provided the ADR information package identified ADR in rule 3.221 to the client and reviewed optionswith theclient. (2) [:3 For self-represented parties: Party has [:1 has not reviewed the ADR information package identified in rule 3.221. b. (1) I: Referral to judicial arbitration or civil action mediation (if available). Thismatter is sub‘ect to mandatory judicial arbitration under Code-of Civil Procedure section 1141.11or to civil action meditatior: under statu oryimit. ode of CIVII Procedure section 1775.3 because the amount in controversy does not exceed the (2) [:1 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) E of the California Rules of Courtor from civil action Thiscase is exempt from judicial arbitration under rule 3.811 mediation under Code of Civil Procedure section 1775 et seq. (specifyexemption): CM-HOlRev. July PagaZors 2011] 1. CASE MANAGEMENT STATEMENT CM-11O PLAINTIFF/PETITIONER: CASE NUMBER: Andy Saberi, an individual DEFENDANT/RESPONDENT; A CW 536 294 Les Stanford Chevrolet Cadillac, 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 completingif the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed anADR process or processes, participate in thetOllowing ADRindicate! the status of the processes (attach a copy of the parties’ADR processes (check all that apply): stipulation): Mediation session not yetschedul'ed Mediation session scheduled for (date): (1) Mediation DUDE Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conferencescheduled for (date): conference DDDB Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled DUDE} Neutral evaluation scheduled for (date): (3) Neutral evaluation 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 arbitration [1mm Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding pn'vate arbitration [mun 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): Dunn Agreed to complete ADR session by (date): ADR completed on (date): CM~11D [Revi July 1. 2011] Page a or 5 CASE MANAGEMENT STATEMENT . ' CASE NUMBER cram PLAINTIFF/PETlTlONER: Andy Saberi. an individual . ,__ CW 536 294' DEFENDANT/RESAONDENT: Les Stanford Chevrolet Cadillac, et al. 11.Insurance a. 1:] lnsurancecarrier, if any. fOr'party filing this statement (name): [:3 [:3 b. 6. I: Reservation of rights: Yes 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 anddescribe the status. [:3 Bankruptcy [3 Other (specify): Status: 13. Related'cases, consolidation, and coordination a. |_'__] There’are companion. underlying, or related cases. (1)/Name of 'case: (2) Name of court: (3)-Case"nt’rmber: (4) Status: [:1 Additional cases are described in Attachment 138. b. [:1 Amotion to I:l consofidate [:1 coordinate will be filed by (name party): 14. I: Bifurcation Theparty or parties-intend to file a motion for an order bifUrcatin‘g, severing. or coordinating the following'issues or causes of action (specify moving party, 'type of motion, and reasons): 15. Other motions [:1 The party or parties expect to file the following motions-before trial (specify moving party, type of motion, and issues): ' 16; Discovery a. [:3 The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Pam; Description Date Plaintiff discovery requests Written discovery Dec-March 2017 Depositions March 2017 c. [:j The following discovery issues. including iSsLies regarding the discovery of electronically stored information. are anticipated(specify): Page 4 or 6 (SM-110 (Rev. July.1. 2011] CASE MANAGEMENT STATEMENT CM-110 .CASE NUMBER: PLAINTIFF/PETITIONER: Andy Saberi, an individual - CIV 536 294 DEFENDANT/RESPONDENT: Les Stanford Chevrolet Cadillac, et al. 17. Economic litigation . a. [:1 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. E: This a motion to withdraw the case from the economic litigation procedures or for additional is a limited civil caseiand discovery will be filed (if checked, explain specifically ’why economic litigation procedures relating to discovery or trial should n'Ot apply to this case): 18. Other issues [I] Theparty or parties-request that the following additional matters be considered or determined at the case management conference (specify): Plaintiff requests mediation and/or settlement conference. 19. Meet and confer a. 1:] of the California Rules The party or parties have met and conferred with all parties on all subjects required by rule 3.724 oiCourt' (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): (if any): 20. Total number of pages attached I am completely familiar with this case and will be fully prepared to discuss thevstatus 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: March 8, 2017. JAMES M. DOMBROSKI b 4 on or PARTY on ATTORNEY) U (TYPE PRINT NAME) (SIGNATURE '(TYPE OR PRINT NAME) on ATTORNEY) (SIGNATURE OF PARTY [:1 Additional signatures are attached. ell-11° in“! {Rem July CASE MANAGEMENT STATEMENT "new PROOF OF SERVICE ix.) STATE OF CALIFORNIA, COUNTY OF SONOMA I am employed in the County of Sonoma, State of California. I am over the age of 18 and not a party to the within action. My business address is PO. Box 751027, Petaluma, CA 94975. On March 8, .2017, I served the foregoing document described as CASE MANAGEMENT STATEMENT, as follows: David Robert Sidran James Attridge Thomas Crowell \OOOQO‘tUI-hw , 270 Divisadero Street, Suite 3 Toschi, Sidran, Collins & Doyle San Francisco, California 94117 5145 Johnson Drive Pleasanton, California 94588 Attorney for Defendant Attorney for Defendant BJ Interstate Auto Transporter’s Inc. Les Stanford Chevrolet Cadillac, Inc. Michael LeVangie LeVangie Law Group 2021 N. Street Sacramento, California 95841 Attorney for Bogdan Dedyk dba Safe Auto Transport [X] US. MAIL - l deposited such envelope in the mail at Petaluma, California. The envelope was mailed with postage thereon fully prepaid as follows: .I am readily familiar with fimt’s practice of collection and processing correspondence for mailing. Under the practice it would be deposited with US. postal service on the same day with postage thereon fully prepaid at Petaluma, California, in the ordinary cause of business. [ ] BY FACSIMILE - To the facsimile number of the firm listed above. [ ] OVERNIGHT DELIVERY ~ 1 deposited such envelope in the drop box at Petaluma, California. I am readily familiar with firm’s practice of collection and processing correspondence for Federal Express. Under the practice, it would be deposited in the Ovemite Express drop-box for pickup on the same day at Petaluma, California, in the ordinary course of business. [ ] BY PERSONAL SERVICE - I caused such an envelope to be hand delivered to the office of the addressee. [ ] BY EMAIL - I caused a copy to be emailed to the firm listed above. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on March 8, 2017, at Petaluma, Califomi JAMES M. DOMBROSKI PRINT NAME SIGNATURE 1 Proof of Service y