Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address ) : FOR COURT USE ONLY
Brian P. Azemika SBN: 233066
Law Office of Brian P. Azemika, A Prof. Law Corp.
2270 Douglas Blvd., Ste. 218
Roseville, CA 95661
TELEPHONE NO.: 91 6-245-5059 FAX NO. ropfora/): 916-245-5096
E-MAIL ADDRESS (Optional): bazemika@brianazemikalaw.com
ATTORNEY FOR (Name): Jacob Bates
10/20/2020
SUPERIOR COURT OF CALIFORNIA, COUNTY OFBUTTE
STREET ADDRESS: 1775 Concord Avenue
MAILING ADDRESS:1775 Concord Avenue
CITY AND ZIP CODE: Chico, 95928
BRANCH NAME North Butte County Courthouse
PLAINTIFF/ PETITIONER: JACOB BATES
DEFENDANT/RESPONDENT: JOHNATHON PORTER
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [X] UNLIMITED CASE [ZD LIMITED CASE
19CV02160
(Amount demanded (Amount demanded is $25, 000
exceeds $25 , 000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:November 4, 2020 Time: 10:30 a.m. Dept.: 10 Div.: Room:
Address of court (if different from the address above):
I X I Notice of Intent to Appear by Telephone, by (name):Brian P. Azemika
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. I X I This statement is submitted by party (name): Plaintiff, Jacob Bates
b. I I 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,) . July 16, 2019
b. I 1 The cross-complaint, if any , was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. I X | All parties named in the complaint and cross- complaint have been served, have appeared, or have been dismissed.
b. I 1 The following parties named in the complaint or cross-complaint
(1) I i have 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) I I have had a default entered against them (specify names):
c. I I 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 [T] complaint I I cross-complaint (Describe, including causes of action): Vehicle versus
motorcycle collision with motor vehicle cause 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
Westtaw Doc & Form Builder
CM-110
CASE NUMBER :
PLAINTIFF/PETITIONER: JACOB BATES
19CV02160
DEFENDANT/RESPONDENT: JOHNATHON PORTER
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 )
Defendant failed to yield to Plaintiff after coming to a stop at a stop sign. Defendant's vehicle entered the roadway in front of Plaintiffs motorcycle and Plaintiff
collided with the side of Defendant's vehicle, causing him to be ejected from the motorcycle and strike the asphalt. Plaintiff suffered numerous injuries,
including road rash throughout his body, loss of a toe nail, lacerations to his palm requiring stitching, pain to his shoulder, broken ribs, injury to his right knee,
low back pain, and a head injury. Plaintiff is still undergoing medical care for his injuries.
I I (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 I X | a jury trial I I a nonjurv trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. I I The trial has been set for (date):
b. I x I 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): Plaintiff is still undergoing medical care for his injuries arising from the subject incident, and it is
unclear whether the treatment will be concluded prior to 12 months from the date of the filing of the complaint.
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
March 26, 2021 for MSC in Placer County, April 2, 2021 for Civil Trial Conference, and April 12, 2021 for 5 to 7 day
trial in Placer County.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. I X | days (specify number): 5 to 7 days
b. I I hours ( short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial I X | by the attorney or party listed in the caption 1 1 by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
I I Additional representation is described in Attachment 8.
9. Preference
I I 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 IZEH has I ... . 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 I I has l I has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(D 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) I I 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) I I This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor 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
PLAINTIFF/PETITIONER: JACOB BATES CASE NUMBER :
DEFENDANT/RESPONDENT: JOHNATHON PORTER 19CV02160
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):
I x | Mediation session not yet scheduled
(1) Mediation m I I Mediation session scheduled for ( date ):
I I Agreed to complete mediation by ( date ):
I I Mediation completed on ( date ):
I X | Settlement conference not yet scheduled
(2) Settlement
conference
m I I Settlement conference scheduled for ( date ):
I I Agreed to complete settlement conference by ( date ):
I I Settlement conference completed on ( date ) :
I I Neutral evaluation not yet scheduled
I I Neutral evaluation scheduled for ( date ):
( 3) Neutral evaluation
I I Agreed to complete neutral evaluation by ( date ):
I I Neutral evaluation completed on ( date ):
I I Judicial arbitration not yet scheduled
(4) Nonbinding judicial I I Judicial arbitration scheduled for ( date ):
arbitration
I I Agreed to complete judicial arbitration by ( date ):
I I Judicial arbitration completed on ( date ):
I I Private arbitration not yet scheduled
( 5) Binding private I I Private arbitration scheduled for ( date ):
arbitration
I I Agreed to complete private arbitration by ( date ):
I I Private arbitration completed on ( date ):
I I ADR session not yet scheduled
I I ADR session scheduled for ( date ):
(6) Other ( specify ) :
i I Agreed to complete ADR session by ( date ):
I I ADR completed on ( date ):
CM-110 |Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/ PETITIONERJACOB BATES
19CV02160
DEFENDANT/RESPONDENTJOHNATHQN PORTER
11 . Insurance
a. I I Insurance carrier, if any , for party filing this statement (name) :
b. Reservation of rights: I I Yes I I No
c. I I 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 I Bankruptcy I I Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. I I There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
( 3) Case number:
(4) Status:
I I Additional cases are described in Attachment 13a.
b. I IA motion to I I consolidate I I coordinate will be filed by (name party ):
14. Bifurcation
I I 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
I I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. I I The party or parties have completed all discovery.
b. I X | The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff to Defendant Form Interrogatories, Admissions, Production of Documents, and Per Code
Special Interrogatories Per Code
Deposition of Defendant Per Code
Expert Discovery Per Code
c. I I 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
PLAINTIFF/PETITIONERJACOB BATES CASE NUMBER:
19CV02160
DEFENDANT/RESPONDENT: JOHNATHON PORTER
17 . Economic litigation
a. I I 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. I 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
l I 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. I X | 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: October 20, 2020
V
Brian P. Azemika
(TYPE OR PRINT NAME)
rZ
(SIGJ IRE GfjPARl >NEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
1 | Additional signatures are attached.
-
CM 110 [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 5 of 5
1 Name of Case: BATES v. PORTER.
Action No.: Butte County Superior Court Case No. 19CV 02160
2
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PROOF OF SERVICE
4 [CCP § 1013(a), § 2015.5(b)]
5 I, Kathryn Turner, declare:
6 I am a citizen of the United States and a resident of the County of Placer. I am over the age of
7 eighteen years and not a party to the within above-entitled action; my business address is 2270 Douglas
8 Blvd., Ste. 218, Roseville, CA 95661. On October 20, 2020, 1 served the within documents:
9
1. Plaintiffs Case Management Statement.
10
11 on the parties in said action addressed as follows:
12 Attorney for Defendant Johnathon Porter
13 Shani M. Roark, Esq.
CARBONE, SMITH & KOYAMA
14 1610 Arden Way, Ste. 190
Sacramento, CA 95815-4035
15 (916) 480-1068
16
By delivering a true copy as follows:
17
[ ] (BY MAIL) I placed a true copy thereof enclosed in a sealed envelope with postage thereon
18 fully prepaid and deposited in the United States mail in the City of Roseville and County of
Placer, California.
19
[ ] (BY HAND) I placed a true copy thereof enclosed in a sealed envelope and caused such
20 envelope to be delivered to the offices of the addressee.
21 [ ] (BY FACSIMILE) I sent a true copy thereof via telephone facsimile transmission to the
following number(s) and a hard copy to follow by mail.
22
[X] (BY EMAIL) I sent a true copy via email transmission to the following email address(s):
23 Shani.Roark@csaa.com and Terry.Bersig@csaa.com.
24 I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct, and that this declaration was executed by me on October 20, 2020, at Roseville,
25 California.
26
Kathryn TtSner
27
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