Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Garry L. Montanari, SBN 89790
Michaelis, Montanari & Johnson
4333 Park Terrace Dr. #110, Westlake Village, CA 91361
TELEPHONE No.2 818.865.0444 FAX NO. (Optional): 81 83653444
EMAIL ADDRESS (Optional): gmontanari@mmjlaw.net
ATTORNEY FOR (Name): Defendant Stephen Magee
FELED
SAN MATEO COUNTY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREETADDRESS: 400 County Center
MAlLlNG ADDRESS: same
0'” AND W CODE: Redwood City, CA 94063
BRANCH NAME:
PLAINTIFF/PETITIONER: BRYAN TRUJILLO, et al.
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER
(Check one): UNLIMITED CASE
(Amount demanded
Cl LIMITED CASE 180|V01901
(Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: August 16, 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): Garry L. Montanari, Esq.
lNSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
b. :I This statement is submitted by party (name): Defendant Stephen Magee
This statement is submitted jointly by parties (names):
18— ClV— 01901
OMS
Case Management Statement
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): April 17, 2018
b. CI The cross-complaint, if any, was filed on (date): L
lllllll lllllllllllllllllllllllll
3. Service (to be answered by plaintiffs and cross—complainants only)
CI All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. CI The following parties named in the complaint or cross-complaint
(1) CIhave not been served (specify names and explain why not):
(2) I:I have been served but have not appeared and have not been dismissed (specify names):
(3) El have had a default entered against them (specify names):
0. :I 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
a. Type Of case In
Trespass by aircraft.
- complaint I: cross-complaint (Describe, including causes of action):
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CAS E MANAG EM ENT STATEM E NT - .- ' '
Cal. Rules of Court,
-
, ' rules 3.720—3730
CM-11O [Rev July 1, 2011]
www.courts.ca.gov
HEQE3VED
SAN ”@7930 Om WW
AUG 0 1 2018
Clem m u :5
oupenor wart
By I
.
CM-110
CASENUMBER
— PLAINTIFF/PETITIONER: BRYAN TRUJILLO, et al.
18ClV01901
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
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 eamings. If equitable relief is sought, describe the nature of the relief.)
See plaintiffs' Case Management Statement.
E] (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 trial CI 3 nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. |:l 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):
September 24 - October 22, 2018; October 23 November 2, 2018; November 20 - December 14, 2018; April
—
15 - 29, 2019; August 15-30, 2019
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): five (5) days
b. l:| hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial
a. Attorney:
[I]
by the attorney or party listed in the caption :1 by the following:
b Firm:
c Address:
d. Telephone number: f. Fax number:
e E—mail address:
9. Party represented:
E] Additional representation is described in Attachment 8.
9.
10.
I:
Preference
This case is entitled to preference (specify code section):
Alternative dispute resolution (ADR)
21. 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.
(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) |:| This matter is sub'ect to mandatoryjudicial 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) [: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) |:| This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT . j . Page 2 of5
CM-110
PLAlNTIFF/PETITIONER: BRYAN TRUJILLO, et al. CASE NUMBER:
_
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
18ClV01901
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 DUI]!
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
[IDEII]
conference
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
(4) Nonbinding judicial
Judicial arbitration scheduled for (date):
HEIDI]
arbitration
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
arbitration DUDE
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
HEIDI]
(6) Other (specify):
Agreed to complete ADR session by (date):
,
ADR completed on (date):
CM-110 (Rev. July 1. 2011] Page 3 of 5
. CASE MANAGEMENT STATEMENT
CM-11 0
CASE NUMBER:
PLAINTIFF/PETITIONER: BRYAN TRUJILLQ et al.
1SClV01901
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
11. Insurance
a. insurance carrier, if any, for party filing this statement (name): Avemco Insurance Company
b. Reservation of rights: l:| 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.
C] Bankruptcy :1
Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. Cl There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
E] Additional cases are described in Attachment 13a.
b. :1 A motion to El consolidate l:] coordinate will be filed by (name party):
14. Bifurcation
[:l 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):
Defendant anticipates filing a motion for summary judgment or summary adjudication of issues.
16. Discovery
a. CI The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party . Description Date
Defendant initial written discovery per code
Defendant deposition of plaintiffs and witnesses per code
Defendant follow-up written discovery per code
Defendant depositions of expert witnesses per code
c. E] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-11O [Rev. July 1, 2011] Page4 ofs
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: BRYAN TRUJILLO, et al.
—
18C|V01901
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
17.
a. I:
Economic litigation
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, C] 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
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The parties will be filing a stipulation as to defendant Sac Aero Flying Club, Inc. regarding a response to the
complaint on its behalf.
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 (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): 0
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 30, 2018
GARRY L. MONTANARI
(TYPE 0R PRINT NAME)
} W 0/
(SIMURE OF PARTY 0R AflORNEY)
D
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
CI Additional signatures are attached.
mums. Ju'v1- 20111 CASE MANAGEMENT STATEMENT ”995°”
'
PROOF OF SERVICE
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action; my business address is 4333 Park Terrace Dr. #110, Westlake
Village, California 91361.
On July 30, 2018, I served the foregoing document described as CASE MANAGEMENT
STATEMENT on the interested parties in this action by placing a true copy thereof in a sealed
envelope with postage thereon fully prepaid in the United States mail at Westlake Village,
California, addressed as follows:
Michael S. Danko, Esq. Attorneys for Plaintiffs
Claire Y. Choo, Esq.
'10 Danko Meredith
333 Twin Dolphin Dr. #145
11 Redwood Shores, CA 94065
tel: (650) 453—3600; fax: (650) 394-8672
12
13 [X] (MAIL) I depoSited such envelope in the mail at Westlake Village, California. The envelope
was mailed with postage thereon fully prepaid. I am “readily familiar” with firm's practice of
14 collection and processing correspondence for mailing. It is deposited with U. S. postal service on that
same day in the ordinary course of business. I am aware that on motion of party served, service is
15 if
presumed invalid postal cancellation date or postage meter date is more than 1 day after date of
deposit for mailing in affidavit.
16
[] (ELECTRONIC TRANSFER) I caused all of the pages of the above-entitled document to
17 be sent to the recipient noted above via electronic transfer (FAX) at the respective telephone number
indicated above.
18
[] (FEDERAL EXPRESS) I deposited such envelope at the Federal Express office located at
19 Westlake Village, California. The envelope was mailed fully prepaid. I am "readily familiar" with
firm's practice of collection and processing correspondence for mailing with Federal Express. It is
2O deposited with the Westlake Village Federal Express service on that same day in the ordinary course
of business. I am aware that on motion of party served, service is presumed invalid if cancellation
21 date is more than 1 day after date of deposit for overnight mailing in affidavit.
22 .
,
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
23
24 Executed on July 30, 2018 at Westlake Village, California.
25 [ff/{é/ fl
B’arbara Haussmann, CCLS
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