Preview
CM-11O
ATTORNEY 0R PARTY WITHOUT ATTORNEY
(Name; 33339 Bar number. 3nd address}: FOR COURT USE ONLY
Garry L. Montanari, SBN 89790
Michaelis, Montanari & Johnson
4333 Park Terrace Dr. #1 10, Westlake Village, CA 91 361
TELEPHONE N0; 818.865.0444 FAX N0. (Optional): 81 8365,8444 Electra nically
E-MAILADDRESS gmontanari@mmjlaw.net
(Optima):
ATTORNEY FORrName): Defendants Stephen Magee and Sac Aero Flying Club
MUM” Em" flahfflmm'cmmfla" MM"
fl“ 5/08/2020
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SAN MATEO
STREETADDRESS: 400 County Center By £5!Pidmal'll Singh
Deputy Clerk
same
MAILING ADDRESS:
CITYAND CODE:
ZIP
Redwood City, CA 94063
BRANCH NAME:
PLAINTIFFIPETITIONER: BRYAN TRUJILLO, et al.
DEFENDANTIRESPONDENT: STEPHEN MAGEE, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one).- UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded
'
is$25,000
18CIV01901
exceeds $25,000) or less) 5/1 1/2020
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 28, 2020 Time: 9:00 a.m. Dept: TBD Div.: Room:
Address of court different from the
(ff address above):
Notice of Intent to Appear by Telephone, by (name): Garry L. Montanar'l, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement issubmitted by party (name): Defendants Stephen Magee and Sac Aero Flying Club
b. [j This statement issubmitted jointly by parties (names):
2. Com plaint and cross—complaint (tobe answered by piainfifis and cross-complainants only)
a.
b. E
The complaint was filed on (date):
The cross—complaint, ifany.
April
was
’17,2018
filed on (date):
be answered by plaintiffs and cross-compiainants
3.
a. E
Service
E
(to
All parties
The
named in
named
only)
the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b.
(1) E
following parties inthe complaint or cross—complaint
have not been sewed {specify names and expiain why not):
(2) E have been served but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (specffi/ names):
c. E The
theymay be served):
may be added
following additional parties (specifynames, nature ofinvolvement in case, and date by which
4. Description of cage
3- Type 0f case In complaint E cross-complaint (Describe, including causes ofaction):
Trespass by aircraft.
Paqa1 of 5
Form Adopied forMandatory Use
Judicial Council of Californla
CASE MANAGEMENT STATEMENT Cal.Rules 0f Court,
rules 3.?20-3.730
CM-1 10 [Rem July
201
1. 1] www.mudS-Cayov
CM-‘I 1 0
CASENUMBERZ
— PLAINTIFF/PETITIONER: BRYAN TRUJILLO. et al.
180IV01901
DEFENDANTIRESPONDENT: STEPHEN MAGEE,-et aI.
4. b. Provide a brief statement of the case, including any damages. (lfpersonal injun/ damages are sought, specify the injun/ and
damages claimed, including medica! expenses to date [indicate source and amount}, estimated future medical expenses, Iosz‘
earnings t0 date, and estimaied future lost earnings.
If equitable refiefis sought,describe the nature of the relief.)
See Case Management Statement.
plaintiffs'
E more space
{If isneeded, check thisbox and ah‘ach a page designated as Attachment 4b.)
5. Jury or nonjury
The
trial
party or parties request
requesting a jurytrial):
a jurytrial E a nonfury trial. (Ifmore than one party, provide thename of each pan‘y
6.
a.
b.
E
Trialdate
The trial has been set for (date).-
No trial date has been set. This casewillbe ready for within
trial 12 months of the date of the filing of the complaint
(if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons
for unavailability):
March 8-19, 2021; June 1-16, 2021; August 2-20, 2021
7. Estimated length of trial
The party or parties estimate that the take (check one):
a.
b.
m
E
trial will
days (specify number): ten (10) days
hours (short causes) (specify):
8. Trial
The
a.
representation (to
party or parties will be represented at
Attorney:
trial m
be answered for each party)
by the attorney or party the caption
listed in E by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E—mailaddress: g. Partyrepresented:
E] Additional representationisdescribed inAttachment 8.
9.
10.
E
Preference
This case
Alternative
is code
entitled to preference {specify
dispute resolution (ADI?)
section):
a. ADR information package. Please note that different ADR processes are available 'm 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
(1)
court and
in rule
community programs in thiscase.
For parties represented by counsel; Counsel
3.221 to the ciient and reviewed
has E has not
ADR options with the client.
provided the ADR information package identified
(2) For self—represented parties:PartyE has E has not reviewed theADR information package identified in rule 3.221.
b.
(1) E
Referral to judicial arbitration or civil action mediation(ifavailable).
This matter is sub ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action
mediation under ode of CivilProcedure section 1775.3 because the amount in controversy does not exceed the
statutorylimit.
(2) E] case
Plaintiff elects to refer this and agrees
to judicial arbitration amount specified
to limit recovery to the inCode of
CivilProcedure section 1141.11.
(3) E This page is exempt from jugipial arbitration under rule 3.811 of the California Rules of Courtor from
mediation under Code 0f CIVII Procedure section 1775 et seq. (specfi'y exemption):
action
civil
CM-HUIRW- Ju'vtzom Paaems
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
_ PLAINTIFFIPETITIONER: BRYAN TRUJILLO, et al.
1BC|V01901
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
’10. c. Indicate theADR process or processes that the party or parties are willing to participate
in,have agreed to participate
in.or
have already participatedin (check all that apply and provide the specified infomation):
The party or parties completing Ifthe party or parties completing this form in the case have agreed to
thisform are willing to participatein 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 notyet scheduled
(1)Mediation E HUDD
Mediation session scheduled for (date):
Agreed tocomplete mediation by (date):
Mediation completed on (date): 9/12f201 9; 1H 0f2019
Settlement conference not yet scheduled
Settlement Settlement conference scheduled for (date):
(2)
conference BUDD
Agreed tocomplete settlement conference by (date):
Settlement conference completed on (date): 10H Of201 9
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3)Neutral evaluation DUDE
Agreed to complete neutral evaiuation by (date):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
scheduled
Judicial arbitration for (date):
(4) Nonbinding judicial
arbitration
DUDE
Agreed to complete judicial arbitration by (date):
completed on
Judicial arbitration (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-HO[Rem July
1,2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-11 0
CASE “UMBER
PLAINTIFFIPETITIONER: BRYAN TRUJILLO, et al.
1BC|V01 901
DEFENDANTIRESPONDENT: STEPHEN MAGEE. et al.
11. Insurance
Avemco insurance Company
a.
b.
c. E
Insurance
Reservation of
carrier,
rights:
Coverage issues
D
ifany, for party
will
Yes E] No
statement (name):
filing this
case
significantly affect resolution of this (explain):
12. Jurisdiction
E
Indicate any matters
Bankruptcy E
thatmay
Other (specify).-
case and describe the
affect the court's jurisdiction 0r processing of this status.
Status:
13.
a_ E
Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name 0f case:
(2)Name of court:
(3)Case number:
(4) Status:
b.
E
E
Additional cases are described
A motion to E
in
consolidate
Attachment 13a.
E coordinate will
—
be filed by (name party):
E
14. Bifurcation
The party or parties intend to
action (specifl/
filea motion for an order bifurcating, severing, or coordinating the foltowing issues or causes of
moving party, type of motion, and reasons):
Other motions
15.
E The party or parties expect to
filethe following motions beforetrial(specifymoving party, type of motion, and issues):_
16.
a.
b.
E
Discovery
Em The
The
party _orpartieshave completed
following discovery will
alldiscovery.
be completed by the date specified (describe allanticipated dmcovery).
Description U
CE The following discovery issues
anticipated (specifir).
including issues regarding the discovery of electronically stored information, are
CM-HOIRW- M 20111
1:
. CASE MANAGEMENT STATEMENT _
Pagan”
CM-1 1 0
CASE NUMBER:
PLAINTIFFIPETITIONER: BRYAN TRUJILLO, et al.
"" 18CIV01 901
DEFENDANTIRESPONDENT: STEPHEN MAGEE: 9t a'-
Economic
17.
a. E litigation
This isa limited case
civil the amount
(i.e.,
of Civil Procedure sections90-98
demanded is
apply t0 this case.
$25,000 or less) and the economic procedures
litigation inCode
b, E will
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 specificafly 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 casemanagement
conference (specify):
Defendants pending motion to compel production 0f documents pursuant to defendants‘ notice to appear and
produce was scheduled for May 8, 2020.
19.
a. D
Meet and confer
The party or parties havemet and conferred with
of Court (ifnot, explain):
allpartieson allsubjects required by rule 3.724 of the California Rules
b. After meeting and conferring as required byrule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
'
20. Totalnumber of pages attached (ifany): 0
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 t’o enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: May 8, 2020
W
I
.—// ._
GARRY L.MONTANARI } Y/ @5241 ;
(TYPE0R PRINT NAME} {SIGNATURE OF PARTY 0R A'ITORNEY)
d
D
0R PRINT NAME) (SIGNATURE 0F PARTY 0R AWORNEY)
(TYPE
E Additional signatures are attached.
CM—m [Rsv- Ju'v
2°“!
1-
CASE MANAGEMENT STATEMENT Pagewa
PROOF OF SERVICE
STATE 0F CALIFORNIA )
) s.s.
COUNTY 0F L03 ANGELES )
I am employed in the County 0f Los Angeles, State 0f California. I am over the age of 18
and not a party t0 the within action; my business address is 4333 Park Terrace Dr. #1 00, Westlake
Village, California 91361.
0n May 8, 2020, I served the foregoing document described as CASE MANAGEMENT
STATEMENT 011 the interested parties in this action by placing a true copy thereof in a sealed
enve10pe with postage thereon fully prepaid in the United States mail at Westlake Village,
California, addressed as follows:
Michael S. Danko, Esq. Attorneys for Plaintiffs
'
Danko Meredith
10 333 Twin Dolphin Dr. #1 45
Redwood Shores, CA 94065
ll tel: (650) 453—3600; fax: (650) 394-8672
Email: 1ndanko@dankolaw.com
l2
l3 [X] (MAIL) I deposited such envelope addressed in the mail at Westlake Village, California.
The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with film's
14 practice of collection a_nd 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
15 served, service is presumed invalid if postal cancellation date or postage meter date is more than 1
day after date of deposit for mailing in affidavit.
l6
[] (PERSONAL SERVICE)I caused such envelope to be delivered by hand to the addressee
1'7 listed above at the Courthouse located at 400 County Center, Redwood, CA 94063.
18 [X] (ELECTRONIC TRANSFER) I caused all ofthe pages ofthe above-entitled document t0
be sent to the recipient noted above via electronic transfer (email) at the respective email address
l9 indicated above.
2O [] (FEDERAL EXPRESS) I deposited such envelope addressed at the Federal Express office
located at Westlake Village, California. The envelope was mailed fully prepaid. I am “readily
21 familiar” with firm’ s practice of collection and processing correspondence for mailing with Federal
Express. It is deposited with the Westlake Village Federal Express service 0n that same day in the
22 ordinary course of business. 1am aware that on motion ofparty served, service is presumed invalid
if cancellation date is more than 1 day after date of deposit for overnight mailing in affidavit.
23
24 I declare under penalty ofperjury under the laws ofthe State 0f California that the foregoing
is true and correct.
25
26 Executed on May 8, 2020 at Westlake Villagqglifomia.
2'7
Barbara HaussrhafinJCCLS
28