Preview
CM-110
ATTORN EY OR PARTY WITHOUT ATTORN EY (Name, Stale Bernumber, and 80m): FOR COURT USE ONLY
Garry L. Montanari, SBN 89790
Michaelis, Montanari & Johnson Elattmnitally
4333 Park Terrace Dr. #1 00, Westlake Village, CA 91 361 hrSupenarCwmfEahfarnuxnmty ufSan Mme
TELEPHONE No.: 81 8.865.0444 FAX No. (Optional): 31 8365,8444 0N 7/16/2020
E—MAIL
gmontanari@mmjlaw. net
ADDRESS (Optionat):
B?
Defendants Stephen Magee and Sac Aero Flying Club
ATTORNEY FOR (Name): Deputy Clerk
SUPERIOR COURT 0F CALIFORNIA, cou NTY 0F SAN MATEO
400 County Center
STREET ADDRESS:
same
MAILING ADDRESS:
Redwood City, CA 94063
C'TY AND Z'PCODEI
BRANCH NAME:
PLAINTIFF/PETITIONER: BRYAN TRUJILLO. et al.
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
CASE MANAGEMENT STATEMENT CASE NUM BER:
(Check one): UNLIMITED CASE E LIMITED CASE 180|V01901
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: August 5, 2020 Time: 9:00 a.m. Dept: TBD Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Garry L. Montanari, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties {answer one):
a. This statement is submitted by paIty (name):Defendants Stephen Magee and Sac Aero Flying Club
b. [:3 This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and crosswmplainants only)
a. The complaint was led on (date): April 17, 201 8
b. E The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. E] All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. E The following parties named in the complaint or cross-complaint
(1) E 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) E3 have had a default entered against them (specify names):
c. E] The following additional parties may be added {specify names, nature ofinvolvement in case, and date by which
they may be served):
4. Description of case
a. Type Ofcase in complaint D cross-complaint (Describe, including causes ofactlon):
Trespass by aircraft.
Page 1 of E
Use
Form Ado led for Mandate
JudicialpCouncll of Callfolrxr‘a
CASE MA NAGEMENT STATEMENT Cal. Rules of Court,
rules 3720—3730
CM.11o IRev. .IuIy 1. 2011] www.murts.ca.gov
CM-110
_ PLAINTIFF/PETITIONER: BRYAN TRUJILLO. etaI.
TENT“
SCI 01901
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et aI.
4. b. Provide a brief statement of the case, including any damages. (”personal injwy 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 reef
is sought, describe the nature of the relief.)
See plaintiffs' Case Management Statement.
[j (lf more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or noniury trial
The party or parties request a jury trialE] a nonjury trial. (lfmore than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. E The trial has been set for (date):
b. m No trial date has been set. This case will be ready for trial within 12 months of the date otthe ling
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 1-1 6. 2021; June 7-25, 2021; August 2—20, 2021
7. Estimated length 0f trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): ten (10) days
b. E hours (short causes) (specify):
8. Trial representation (to be answered for each party)
m
The party or parties will be represented at trial by the attorney or party listed
Inthe caption D by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mailaddress:
E Additional representation is described in Attachment 8.
g. Partyrepresented:
9. Preference
E This case is entitled to preference (special code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note thatdifferent 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 E3 has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) D
For self-represented parties: Party has D 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
ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
srrieditationl
atu oryimi
untder
.
(2) E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified
Civil Procedure section 1141 .1 1.
in Code of
(3) E
'
This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
”0"]
cv-OIRev-Ju'v CASE MANAGEMENT STATEMENT “new
CM-110
_ PLAINTIFF/PETITIONER: BRYAN TRUJILLO, et al. CASE NUMBER:
1BCIVO 1 901
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 participated in (check all that apply and provide the specied
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 ail that apply):stipulation):
EDDD
Mediation session not yet scheduled
(1) Mediation
m Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):9/1 2/201 9;1/10/201 9
Settlement conference not yet scheduled
EIDUD
(2) Settlement
conference
m Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date): 1011 0/20 2I10120
DUDE
Neutral evaluation not yet scheduled
(3) Neutral evaluation
E' Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
DEED
Judicial arbitration not yet scheduled
(4) Nonbinding judicial
arbitration
D Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
DUDE
Private arbitration not yet scheduled
(5) Binding private
arbitration
D Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
Private arbitration compieted on (date):
DUDE
ADR session not yet scheduled
(6) Other (speci):
D ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CIA-110 [Rev. July 1. 201 1] Page sore
CASE MANAGEMENT STATEMENT
claim
CASE NUMBER
_ PLAiNTIFFIPETITIONER: BRYAN TRUJILLO, et a1.
18CIV01901
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
11. Insurance
a. this statement (name): Avemco Insurance
Insurance carrier, if any, for party ling Company
b. Reservation of rights: E Yes m No
c. E 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.
E Bankruptcy E Other (specify):
Status:
13.Related cases, consolidation, and coordination
a, E 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. E A motion to OOHSOIidate E coordinate will beled by (name party):
14. Bifurcation
E The party or parties intend to file a motion for an order bifurcating. severing. or coordinating the following issues or causes of
action (special 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 ofmotion, and Issues):
Pre-trial motions in limine
16. Discovery
a. E The party or parties have completed all discovery.
b. E The following discovery will be completed by the date specied
(describe all anticipated discovery):
Party Description Date
c‘ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
This case was rst set for trial in November 201 9. With a likely trial date in 2021, discovery should be
re—opened.
W11°IR°""’"V 1'2“" CASE MANAGEMENT STATEMENT "9““
CM-110
PLAINTIFF/PETITIONER: BRYAN TRUJILLO, et al. CASE NUMBER:
—
1801V01 901
DEFENDANT/RESPONDENT: STEPHEN MAGEE. et al.
17. Economic litigation
a. E This is a limited civil case (Le., 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 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 specically
why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
The party or parties request thatthe following additional matters be considered or determined at the case management
conference (specify):
Given the continuing COVlD—1 9 uncertainty, the case should be set for another CMC in 60-90 days.
19. Meet and confer
a. E 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 ofthe 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 ofthe party where required.
Date: July 16, 2020
GARRY L. MONTANARI
(TYPE 0R PRINT NAME)
D
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-HOWW-m" cAsa MANAGEMENT STATEMENT WW
PROOF OF SERVICE
STATE 0F CALIFORNIA )
) s.s.
COUNTY 0F 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. #100, Westlake
Village, California 91 361.
On July 16, 2020, 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
Shawn Miller, Esq.
10 Danko Meredith
333 Twin Dolphin Dr. #145
ll Redwood Shores, CA 94065
tel: (650) 453-3600; fax: (650) 394-8672
12 Email: mdanko@dankolaw.com: smiller@dankolaw.com
13 [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 rm’s
l4 practice of 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
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 afdavit.
16
[] (PERSONAL SERVICE) I caused such envelope to be delivered by hand to the addressee
l7 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 to
be sent to the recipient noted above via electronic transfer (email) at the respective email addresses
19 indicated above because of the COVID-19 virus.
20 [] (FEDERAL EXPRESS) I deposited such envelope addressed at the Federal Express ofce
located at Westlake Village, California. The envelope was mailed fully prepaid. I am “readily
21 familiar” with rm’ s practice of collection and processing correspondence for mailing with Federal
Express. It is deposited with the Westlake Village Federal Express service on that same day in the
22 ordinary course of business. I am 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 afdavit.
23
24 I declare under penalty ofperjury under the laws ofthe State of California that the foregoing
is true and correct.
25
26 Executed on July 16, 2020 at Westlake Village,
California.
27
Barbara HauésmanTCCLs
28