Preview
CM-11O
ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Michael J. LeVangie (Bar # 160163)
LEVANGIE LAW GROUP
2021 N Street
Sacramento, CA 95811
TELEPHONE No.;
(916) 443-4849 FAX No. (Optional):
(916) 443 -48 5 5
E-MAIL ADDRESS (Optima/imichael.levangie@llg-law.com
ATTORNEY FOR (Name): Defendant Bogdan Dedyk dba Safe Auto Transport
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREETADDRESS: 400 County Court
MAILING ADDRESS: 400 County Court
CITY AND ZIP CODE: Redwood City 94063
BRANCH NAME: Civil
PLAINTIFF/PETITIONER: Andy Saberi
DEFENDANT/RESPONDENT: Les Sanford Chevrolet, Inc., et a1.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE
(Amount demanded
I:| LIMITED CASE
(Amount demanded is $25,000
,
CIV 5362 9 4
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: March 30, 2017 Time: 9:00 a.m. Dept: 21 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Defendant Bogdan Dedyk dba Safe Auto Transpor"
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INSTRUCTIONS: A|| applicable boxes must be checked, and the specified information must be provided
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1. Party or parties (answer one). I
tuawafieuew
This statement is submitted by party (name). Bogdan Dedyk dba Safe Auto Transport
b. This statement Is submitted jointly by parties (names). :
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) i
a. The complaint was filed on (date):
b. I:I The cross-complaint, if any, was filed on (date):
K
\._ , _____, _,
3. Service (to be answered by plaintiffs and cross-complainants only)
CI All panies named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. I:I The following parties named in the complaint or cross-complaint
(1) I:I have not been served (specify names and explain why not):
(2) I: 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):
0. I:l The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served);;.._f.I
,«l .-«,
1 w
4. Description of case
a. Type Of case in - .l 5
complaint I:I cross--complaint (Describe, including causes of action).
Violation of the Song--B'eVery Consumer Warranty Act Civil Code Section 1790 et seq., also known
the "Lemon Law," against Defendant Les Sanford; Fraud and Negligence.
as
Page 1 of 5
Form Adopted for Mandatory Use
JudIcial Council of California CAS E MANAG EM ENT STATE M ENT C:‘ll.lel:u:l3‘97521::)f_%o7uaréi
CM-11C- [Rev. July 1, 2011]
www.courts.ca.gov
LexisNexis® Automated California Judicial Council Farms
£182 RI WW
GSAIEOSU
CM-110
CASE NUMBER:
_ PLAINTIFF/PETITIONER: Andy Saberi
DEFENDANT/RESPONDENT: Les Sanford Chevrolet, Inc., et a1.
CIV 536294
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.)
Plaintiff claims a car he purchased was defective upon delivery.
I: (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 l: a nonjury trial. (If more than one party, provide the name of each party
6. Trial date
a.
b.
l:l The trial has been set for (date):
No trial date has beenset. 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 arties or attorneys will not be available for trial (specifiv dates and ex lain reasons for unavailability):
7/10/17—7/25/1 , 8/1/17-8/25/17, 9/8/17, 9/11/17—9/30/17, 10/11/17- 0/20/17, 2/9/ 8, 2/16/18, 2/26/18-3/30/18. All dates
are trial/hearing dates presently on calendar.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a.
b. l: days (specify number): 3-5
hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial
E. Attorney:
by the attorney or party listed in the caption l:] by the following:
b. Firm:
c. Address:
0'. Telephone number: f. Fax number:
e. E-mail address: Party represented:
|:| Additional representation is described in Attachment 8.
9.
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 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 :1 has i: has not reviewed the ADR information package identified in rule 3.221.
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
mediationl under ode of 'Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory imit.
(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) :1 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.July1. 2011]
CASE MANAGEMENT STATEMENT Page20t5
LexisNexis® A utomated California Judicial Council Forms
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Andy Saberi
DEFENDANT/RESPONDENT: Les CIV 536294
Sanford Chevrolet, Inc., et a1.
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
Mediation session scheduled for (date):
(1) Mediation
-DDDD
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement
Settlement conference scheduled for (date):
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
arbitration DUDE
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
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):
CM-110 [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Forms
CM-JJQ
CASE NUMBER:
PLAINTIFF/PETITIONER: Andy Saberi
CIV 536294
DEFENDANT/RESPONDENT: Les Sanford Chevrolet, Inc., et a1.
11. Insurance
a. insurance carrier, if any, for party filing this statement (name): Great Lakes Insurance
b. Reservation of rights: [3 Yes No
c. 1:] 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.
|:I Bankruptcy l:l
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:
l:l Additional cases are described in Attachment 13a.
b. E] A motion to E] consolidate :1 coordinate will be filed by (name party):
14. 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):
Defendant, Bogdan Dedyk dba Safe Auto Transport, intends to file a motion to bifurcate the claims
related to transport damage from the Song-Beverly claims.
15.
l:
Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. l:l The party or parties have completed all discovery.
b. ill myThe following discovery will be completed by the date specified (describe all anticipated discovery):
Description m
Def. Safe Auto Transport Written/Supp Discovery June 2017
Def. Safe Auto Transport Depositions of Percipient Witnesses June 2017
Def. Safe Auto Transport Expert Witness Discovery & Depositions Per Code
c. E] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-11D[Rev. July1, 2011] Page4of5
CASE MANAGEMENT STATEMENT
LexisNexis® A uiomaled California Judicial Council Forms
CM-110
CASE NUMBER:
PLAlNTIFF/PETITIONER: Andy Saberi
CIV 536294
DEFENDANT/RESPONDENT: Les Sanford Chevrolet, Inc., et a1.
17. Economic litigation
a. :1 of This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
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. m The
of
party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
Court (if not, explain):
'0. 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):
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.
Date: March 8, 2017
Michael J. LeVangie
(TYPE OR PRINT NAME) (SIGN RE 0 PARTY OR A N
(TYPE OR PRINT NAME) ( IGNATU OF PARTY OR Al'l'ORNEY)
:1 Additional
'
tures are attached.
CM-“O [Rem My 1- 201” Page 5 °'5
CASE MANAGEMENT STATEMENT
LexisNexis® Automated California Judicial Council Farms
Re: Saberi v. Les Stanford Chevrolet Cadillac, Inc., et a1.
San Mateo Superior Court, Case Number: CIV536294
PROOF OF SERVICE
I, 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 proceeding. My
\OWQQUIJBUJNH business address is 2021 N Street, Sacramento, California, 9581 1, which is located in the county
in which the within-mentioned service occurred.
On this date, I served the following document(s):
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
idomski@aol.com TCrowel[@toschisidrancom
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. Payntcr
1045 Airport Blvd, Suite 12
So. San Francisco, CA 94080
tsaberi@aol.com
Phone: (650) 588-2428
Fax: (650) 873-704
ATTORNEYS FOR PLAINTIFF
James Attridge
Business Trial Lawyer
NNNNNNNNNr—tr—tu—tp—ni—ti—i—AHHH
270 Divisadero St., #3
OOQQUIkJNi-‘GwOOlUIAMNr-tc
San Francisco, CA 941 17
iattridge@attridgelaw.com
Phone: (415) 552-3088
Fax: None
ATTORNEYS FOR BJ INTERSTATE AUTO
TRANSPORTER’S, INC.
[X] (MAIL) A true copy of said document(s) 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
addressee(s).
I declare under penalty of perjury, under the laws of the State of California, that the
foregoing is true and correct. Executed on March 8, 2017, at Sacramento, California.
web!“\
Mary Kihg