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  • BRICEIDA LOPEZ, et al  vs.  PAUL BONIFACIO, et al(24) Unlimited Product Liability document preview
  • BRICEIDA LOPEZ, et al  vs.  PAUL BONIFACIO, et al(24) Unlimited Product Liability document preview
  • BRICEIDA LOPEZ, et al  vs.  PAUL BONIFACIO, et al(24) Unlimited Product Liability document preview
  • BRICEIDA LOPEZ, et al  vs.  PAUL BONIFACIO, et al(24) Unlimited Product Liability document preview
  • BRICEIDA LOPEZ, et al  vs.  PAUL BONIFACIO, et al(24) Unlimited Product Liability document preview
  • BRICEIDA LOPEZ, et al  vs.  PAUL BONIFACIO, et al(24) Unlimited Product Liability document preview
  • BRICEIDA LOPEZ, et al  vs.  PAUL BONIFACIO, et al(24) Unlimited Product Liability document preview
  • BRICEIDA LOPEZ, et al  vs.  PAUL BONIFACIO, et al(24) Unlimited Product Liability document preview
						
                                

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CM-HO ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Shawn A. Toliver, Esq, SB#148349/Julie M. Azevedo, Esq., SB#151618 LEWIS BRISBOIS BISGAARD & SMITH LLP 333 Bush Street, Suite 1100 San Francisco, CA 94104 TELEPHONE NO; 41 5-362-2580 FAX No. 'Optional): 41 5—434-0882 E-MAILADDRESS rcprmnan:julie.azevedo@lewlsbrisbois.com ‘ ATTORNEY FOR (Name): Defendants PAUL BONIFACIO and MARGARET HYUN ' F I L S AN MATEO COUNTY ‘ E D SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO ‘ JUL 1 8 2018 STREET ADDRESS:400 County Center MAILING ADDRESS: Redwood City, CA 94063 CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: BRICEIDA LOPEZ DEFENDANT/RESPONDENT: PAUL BONIFACIO, et al. CASE MANAGEMENT STATEMENT figséwlgjfgés (Check one): UNLIMITED CASE E] LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 8, 2018 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): Julie M. Azevedo INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. D This statement is submitted by party (name): b. E Defendants This statement is submitted jointly by parties (names): / PAUL BONIFACIO and MARGAiET l_-l_YUN 18— ClV—01696 l’ I CMS Eggglggnagemem Statemem I 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) I a. The complaint was filed on (date): i b. E} The cross—complaint, if any, was filed or (date): I \\ IIIIIIIIIII - - . v 3. Service (to be answered by plaintiffs and cross-complainants only) a. D 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) [:i have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. E] 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 [Xi complaint 1:} cross-complaint (Describe, including causes of action): Plaintiff sues for product liability, neglige‘nce, premises liability,and strict liability — ultra hazardous activities. Pane of 5 ‘I Cal. Rules of Court. Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT rules 3120—3130 CM—110[Rev.JuIy‘I.2011] ‘ ', o 1 , 4821-7379-4669.1 CNS-110 PLAINTlFF/PETlTlONER: BRlCElDA LOPEZ _DEFENDANTIRESPONDENT: PAUL BONIFAClO; et al. CASE NUMBER 180lV01696 t; 4. b. Provide a brief statement of the case, including any damages. (If personal injuzy damages are sought, specify the injwy 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 and her boyfriend were cleaning a home in Squaw Valley when there was an explosion which resulted in a fire. Plaintiff was burned before she extricated herself from the home. {:1 (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 a jury trial E] a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. E} The trial has been set for (date): b. 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): Trials: 10/12; 10/22; 11/5; 11/13; 12/3; 12/14/2013; 1/4; 2/4; 2/1 9; 2/25;3/19; 4/22; 5/24; 7/29; 9/23; 10/7; and 11/4/2019 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 21 days b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption E] by the following: a. Attorney: b. Firm: 0. Address: d. Telephone number: i. Fax number: e. Email address: 9. Party represented: E] Additionalrepresentationis described inAttachment 8. 9. Preference 1:} This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that difierent 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 1:] has not provided the ADR information package identified to the client and reviewed ADR options with the client. in rule 3.221 (2) For self-represented parties: Party [:1 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) E] This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (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 section1141.11. (3) [3 This case is exempt from judicial arbitration under nJIe 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): IRWUW- 2°”! Cit-11° CASE MANAGEMENT STATEMENT Fem” 4821-7379-4669.1 American LegalNet, Inc. we“: vnm\c“zt\v:ln1x\‘u ms 695-1 1 0 CASE NUMBER: PLAINTlFF/PETlTlONER: BRlCElDA LOPEZ 18ClV01698 BEFENDANT/RESPONDENT: PAUL BONIFACIO, et al. 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 appiy 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 E] Mediation session scheduled for (date): (1) Mediation 53 C] Agreed to complete mediation by (date): [3 Mediation completed on (date): Settlement conference not yet scheduled El Settlement conference scheduled for (date): (2) Settlement v M conference Agreed to complete settlement conference Cl by (date) : E] Settlement conference completed on (date): D Neutral evaluation not yet scheduled E] l] Neutral evaluation scheduled for (date): (3) Neutral evaluation [j Agreed to complete neutral evaluation by (date): C] Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled E] Judicial arbitration scheduled for (date): (4) Nonbindmg judicia! arbitration D . . . . . El Agreed to complete )UdlClal arbitration by (date). _ )3 Judicial arbitration completed on (date): E] Private arbitration not yet scheduled C] Private arbitration scheduled for (date): (5) Binding private arbitration Cl . . . E] Agreed to complete private arbitration by (date).. {:1 Private arbitration completed on (date): B ADR session not yet scheduled El ADR session scheduled for (date): (6) Other (specify): El El Agreed to complete ADR session by (date): E1 ADR completed on (date): to may. July Page 3 of 5 CM—‘t 1. 20111 CASE MANAGEMENT STATEMENT ‘ 4821337946691 Amerimn Mamet, Inc. WWWFOnn ’or’ Flowcgm Gilli-110 PLAlNTlFF/PETlTlONER: BRICElDA LOPEZ CASE NUMBER: _. 1SClV01 696 DEFENDANT/RESPONDENT: PAUL BONlFAClO, et al. 11. Insurance a. >3 insurance carrier. if any, for party filing this statement (name): CHUBB b. Reservation of rights: D Yes B 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 C] Other (specify): Status: 13. Related cases, consolidation, and coordination a. El 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 El consolidate [I coordinate will be filed by (name party): 14. Bifurcation B 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): Defendants may renew their motion for change of venue to Placer County. 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): Pagy Description Date Defendants Bonifacio and Hyun Form & Special interrogatories to Plaintiff January 2019 Defendants Bonifacio and Hyun Request for Production to Plaintiff January 2019 Defendants Bonifacio and Hyun Requests for Admission to Plaintiff January 2019 Defendants Bonifacio and Hyun Expert Discovery Per Code Defendants Bonifacio and Hyun Depositions April 2019 c. E] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (speciljv): Cit—“WV- W- 20“] CASE MANAGEMENT STATEMENT Paw-‘40” 4821 -7379—4669. 1 Chit-110 CASE NUMBER BRlCE IDA LOPE Z PLAl NTlF F / PET lTlONE R: _._ 18 ClV01696 DEFENDANT/RESPONDENT: PAUL BONIFAClO, et at. 17. Economic litigation a. E} 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 9098 will appiy 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. 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 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: July 17, 2018 Julie M. Azevedo (TYPE OR PRINT NAME) /3 (EV/TURE OF PARTY OR ATTORNEY) (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E] Additional signatures are attached. W10 IRev-JuIvl- 2°"! CASE MANAGEMENT STATEMENT Pages“ 4821 -7'379—4669.1 American caINet, Inc. www FomsWorl:Flnw.cgm PROOF OF SERVICE Briceida Lopez v. Paul Bonifacio, er at. San Mateo County Superior Court, Case No. lSClV01696 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, I was over 18 years of age and not a party to the action. My business address is 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872. On July 17, 2018, I served the following document: \OOOQQUI-kw CASE MANAGEMENT STATEWNT I served the document on the following persons at the following addresses (including fax numbers and email addresses, ifapplicable): Matthew D. Davis, Esq. Spencer J . Pahlke, Esq. 10 Walkup, Melodia, Kelly & Schoenberger 650 California Street, 26“h Floor 11 San Francisco, CA 94108—261 5 Tel: (415) 981-7210 12 Fax: (415) 391—6965 Email: 1ndavis@walkuplawoffice.com 13 spahlke@walkuplawoffice.com Attornevs for Piaintiff BRICEIDA LOPEZ 14 15 The document was served by the following means: 16 13 (BY US. MAIL) l enclosed the document in a sealed envelope or package addressed to the persons at the addresses listed above and placed the envelope or package for collection and 17 mailing, following our ordinary business practices. I am readily familiar with the firm’s practice for collection and processing correspondence for mailing. Under that practice, on the same day 18 that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the US. Postal Service, in a sealed envelope or package with the postage fully 19 prepaid. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Q 21 Executed on July 17, 2018, at San Francisco: California. 22 ”a 23 Liv/112M 24 Rose Chan 25 26 27 LEWIS BRISBOlS BISGAARD 4824~3000-663 7.1 6 am or AHORNEYS A? LAW PROOF OF SERVICE