Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
ELECTRONICALLY FILED
Superior Court of California
County of Santa Cruz
TELEPHONE NO.: FAX NO. (Optional): 9/22/2020 12:00 PM
E-MAIL ADDRESS (Optional): Alex Calvo, Clerk
ATTORNEY FOR (Name): By: Sandra Gonzalez, Deputy
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: Time: Dept.: Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
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 party (name):
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. 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 complaint cross-complaint (Describe, including causes of action):
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720–3.730
CM-110 [Rev. July 1, 2011] www.courts.ca.gov
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
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.)
(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 triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. 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):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number):
b. 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 by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
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 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 has 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 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) 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] Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
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
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
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
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):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
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):
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-110
CASE NUMBER:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. 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.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII 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):
15. 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. 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
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2011] Page 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
17. Economic litigation
a. 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. 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):
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:
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011] Page 5 of 5
CASE MANAGEMENT STATEMENT
Attachment 6c. (Dates on which parties or attorneys will not be available for trial)
Trial dates in other cases:
10/26/20
10/30/20
11/2/20
11/3/20
11/9/20
11/16/20
11/30/20
12/4/20
12/7/20
12/14/20
1/11/21
1/19/21
1/25/21
2/1/21
2/5/21
2/8/21
2/16/21
2/22/21
2/23/21
3/1/21
3/9/21
3/15/21
3/22/21
4/5/21
4/20/21
5/3/21
5/4/21
5/17/21
5/18/21
5/21/21
5/28/21
6/1/21
6/8/21
6/18/21
6/21/21
6/25/21
6/28/21
7/12/21
7/19/21
7/23/21
7/26/21
8/2/21
8/30/21
1 PROOF OF SERVICE
2 I am employed in the County of Sacramento, State of California. I am over the age of 18
and not a party to the within action; my business address is 11341 Gold Express Drive, Suite
3
110, Gold River, California 95670.
4
On September 22, 2020, I served the foregoing document(s) described as CASE
5 MANAGEMENT STATEMENT on the interested parties in this action by placing the copies
thereof enclosed in sealed envelopes addressed as follows:
6
-SEE ATTACHED SERVICE LIST-
7
BY ELECTRONIC TRANSMISSION. Only by emailing the document(s) to the persons at the e-
8 mail address(es). This is necessitated during the declared National Emergency due to the
9 Coronavirus (COVID-19) pandemic because this office will be working remotely, not able to
send physical mail as usual, and is therefore using only electronic mail. No electronic message
10 or other indication that the transmission was unsuccessful was received within a reasonable time
11 after the transmission. We will provide a physical copy, upon request only, when we return to the
office at the conclusion of the national emergency.
12
13 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct. Executed on September 22, 2020, at Gold River, California.
14
15
Mary A. Gillis
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PROOF OF SERVICE
SERVICE LIST
Douglas E. Fierberg, Esq. Ivo Labar, Esq.
Jonathon N. Fazzola, Esq. SAWYER & LABAR, LLP
Lisa N. Cloutier, Esq. 201 Mission St., Suite 2240
THE FIERBERG NATIONAL LAW GROUP San Francisco, CA 94105
161 E. Front St., Suite 200 Telephone: 415-262-3820
Tiaverse City, MI 49684 Emails: labar@sawyerlabar.com
Telephone: 202-351-0510 guzman@sawyerlabar.com
Facsimile: 231-252-8100 Co-Counsel for Plaintiff
Emails: dfierberg@tfnlgroup.com
jfazzola@tfnlgroup.com
lcloutier@tfnlgroup.com
tpicard@tfnlgroup.com
Attorney for Plaintiff
Robert T. Mackey, Esq. Thomas M. Phillips, Esq.
VEATCH CARLSON, LLP William P. Ryan, Esq.
1055 Wilshire Blvd., 11th Floor THE PHILLIPS FIRM, APC
Los Angeles, CA 90017 800 West Sixth Street, Suite 980
Telephone: 213-381-2861 Los Angeles, CA 90017
Facsimile: 213-383-6370 Telephone: 213-587-7414
Emails: rmackey@veatchfirm.com Facsimile: 213-457-7515
cporter@veatchfirm.com Emails: tphillips@thephillipsfirm.com
Attorneys for Defendant pmckinley@thephillipsfirm.com
STEFAN MATIAS LEON Co-Counsel for Defendant
STEFAN MATIAS LEON
Matthew C. Jaime, Esq. Alan F. Hunter, Esq.
MATHENY SEARS LINKERT & JAIME, LLP Elizabeth G. Landess, Esq.
3638 American River Drive Jack T. Bussell, Esq.
Sacramento, CA 95864 GAVIN CUNNINGHAM & HUNTER
Telephone.: 916-978-3434 x 129 1530 The Alameda, Suite 210
Email: mjaime@mathenysears.com San Jose, CA 95126
Attorneys for Defendant Tel: 408-294-8500
CHRISTOPHER GUEVARA Fax: 408-294-8596
Email: hunter@gclitigation.com
Attorneys for Defendant
RAFAEL GARCIA, JR.
Ray Tamaddon, Esq. Robert J. Romero, Esq.
HINSHAW & CULBERTSON LLP HINSHAW & CULBERTSON LLP
11601 Wilshire Blvd., Suite 800 One California Street, 18th Floor
Los Angeles, CA 90025 San Francisco, CA 94111
Telephone: 310-909-8000 Telephone: 415-362-6000
Facsimile: 310-909-8001 Fax: 415-834-9070
Email: rtamaddon@hinshawlaw.com Email: rromero@hinshawlaw.com
Attorneys for Defendant KHightower@hinshawlaw.com
ZACHARY NASH DAVIS Co-Counsel for Defendant
ZACHARY DAVIS
Michael C. Osborn, Esq. Julie Azevedo, Esq.
Jaskiran Samra, Esq. Shawn Toliver, Esq.
COKINOS | YOUNG LEWIS BRISBOIS BISGAARD & SMITH
One Embarcadero Center, Suite 390 2185 N. California Blvd., Suite 300
San Francisco, CA 94111-2585 Walnut Creek, CA 94596
Telephone: 415-228-0208 Telephone: 925.357.3456
Emails: mosborne@cokinoslaw.com Facsimile: 925.478.3260
jsamra@cokinoslaw.com Emails: Julie.Azevedo@lewisbrisbois.com
asanchez@cokinoslaw.com Shawn.Toliver@lewisbrisbois.com
Attorneys for Defendant Janet.leader@lewisbrisbois.com
THETA CHI FRATERNITY, INC Kristen.Garcia@lewisbrisbois.com
Attorneys for Defendant
JORDAN KEIICHI TAKAYAMA
Mary Childs, Esq. Patrick R. Ball, Esq.
Aaron Case, Esq. Idin Kashefipour, Esq.
YOKA & SMITH MESSNER REEVES LLC.
445 South Figueroa Street, 38th Floor 10866 Wilshire Boulevard, Suite 800
Los Angeles, CA 90071 Los Angeles, CA 90024
Telephone.: 213-427-2300 Telephone: 310-909-7440/949-612-9136
Email: mchilds@yokasmith.com Facsimile: 310-889-0896
service@yokasmith.com Email: pball@messner.com
amcnulty@yokasmith.com ikashefipour@messner.com
acase@yokasmith.com Attorneys for Defendant
Attorneys for Defendants MOISES TENORIO GARCIA
EMMANUEL THOMAS, BOBBY KARKI, DEREK
KING and JOHN DYLAN LEITCH
Norman L. Chong, Esq. Andrew M. Lauderdale, Esq.
Samantha Lewin, Esq. HARTSUYKER STRATMAN &
Joseph D. O’Neil, Esq. WILLIAMS-ABREGO
TARKINGTON, O’NEILL, One Almaden Blvd., Suite 400
BARRACK & CHONG San Jose, CA 95113
A Professional Corporation Telephone: 408-271-5325/831-251-1964
201 Mission Street, Suite 710 Facsimile: 408-271-5301
San Francisco, CA 94105 Email: andrew.lauderdale@farrnersinsurance.com
Telephone: 415-777-5501/707 576-1380 Attorneys for Defendant
Facsimile: 415- 546-4962/707-544-3144 QUINN MCLAUGHLIN
Emails: joneil@to2law.com
nchong@to2law.com
slewin@to2law.com
therrington@to2law.com
Attorneys for Defendant
NAJPREET SINGH KAHLON