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  • Franck, Mark G et al vs Doughty, Alexandra Rose et al(22) Unlimited Auto document preview
  • Franck, Mark G et al vs Doughty, Alexandra Rose et al(22) Unlimited Auto document preview
  • Franck, Mark G et al vs Doughty, Alexandra Rose et al(22) Unlimited Auto document preview
  • Franck, Mark G et al vs Doughty, Alexandra Rose et al(22) Unlimited Auto document preview
  • Franck, Mark G et al vs Doughty, Alexandra Rose et al(22) Unlimited Auto document preview
  • Franck, Mark G et al vs Doughty, Alexandra Rose et al(22) Unlimited Auto document preview
  • Franck, Mark G et al vs Doughty, Alexandra Rose et al(22) Unlimited Auto document preview
  • Franck, Mark G et al vs Doughty, Alexandra Rose et al(22) Unlimited Auto document preview
						
                                

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CM-110 end eddmssf ATTORNEY OR PARTY WITHOUT ATTORNEY INeme. Siafe Bsr numem FOR COURT USE DNL y JAMES B. BERGLUND SBN 70145 Attorney atLaw 1453 Downer Street, Ste. B, Oroville, CA 95965 530/532-1099 TELEPHONE No.. 530/532-1002 Fax No iopsmmff fopfionell: E.MAIL ADDRESS ATTORNEY FORINameiPlaintiffs SUPERIUR couRT oF GALIFURNIA, coUNTY oF BUTTE 11/30/2020 sTREEr AcoREss1775 Concord Avenue MAILING ADDRESS crry ANDzip coos Chico, CA 95928 BRANCH NAME PLAINTIFF/PETITICNER: Mark G. Franck; Elaine R. Franck, et aL DEFENDANT/REsPQNDENT: Alexandra Rose Doughty, et al. CASE MANAGEMENT STATEMENT CASE NUMSER (Check one): K UNLIMITED CASE (Amount demanded H LIMITED CASE (Amount demanded is $ 25,000 18CV03617 exceeds $ 25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 16, 2020 Time: 10:30 a.m. Dept.: TBD Dive Room: Address of court (il d/fferenl from Ihe address above): Notice of Intent to Appear by Telephone, by (name)r James B. Berglund INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer oneJT a. b. ~ ~Z This statement Is submitted by party (name)fPlaintiff This statement is submitted Jointly by parties (names)f 2. Complaint and cross-complaint (lo be answered by plainliffs and Grosso:Dmplainanls only) a, b. ~ The complaint was filed on (dale):11/1/18 The cross-complaint, if any, was filed on (dale): 3. Service (Io be answered by pla/nfff/s and cross-compla/nan/s only) a. b. ~ C/3 All parties named in the complaint and cmssHwmplaint have been served, have appeared, or have been dismissed. (I) ~ The following parties named in the complaint or cross-complaint have not been served (specifynamesand explain why nor)f (2) M have been served but have not appeared and have not been dismissed (speci/y names): (3) ~ have had a default entered against them (specify names)f c. ~ The following additional parties may be added (specifynames, nalure o/lnvolvemenl in case, snd da/e by which they may be served): 4. Description of case a. TyPe of case in ~z complaint cross-complaint (Describe, including causes of acffon): Automobile accident. Pass 1 ot 5 Form Adopisd for Mandslory Use Judwial Council of California CASE MANAGEMENT STATEMENT Csl Rules of CCUCL ness 0 TTO-S Tao CM-110 Else July I, 2011I WWW COWIS Ce EOV CM-110 CASE NUMEER PLAINTIFF/PETITIONER Mark G. Franck; Elaina R. Franck, et al. 18CV03617 DEFENDANT/RESPONDENT: Alexandra Rose Doughty, et al. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify fhe injury and damages claimed, including medical expenses lo date f/ndicsls source and amount), eel/ms/ed /ulure medical expenses, lost earnings lo date, snd estimated fulurs losl earnings. If equilsble relief is sough/, describe the nature of the relief ) This is an automobile accident where Defendant violated Plaintiffs'right of way causing a collision. Said collision caused damage to Plaintiffs'utomobile, medical costs, and pain and suffering within the Court's jurisdictional limits.Elaine R. Franck is continuing treatment, while Mark G. Franck, Ethan Franck and Alexis have all completed treatment. (II more space is needed, check Ibis box and affach a page designated as Allschmenl 4b.) Jury or nonjury trial The party or parties request requesling a jury /rial): H a jury trialC] a nonjury trial. (II more than one party, provide the name of each party a. b. ~ Trial date ~ The trial has been set for (dale)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 (ll nol, exp/sin)i c. Dates on which parties or sNomeys will not be available for trial (speci/y dates and explain reasons for unavailability): 4/1 2/21-4/23/20 (Butte County J.T.); 5/3/21-5/14/21 (Butte County J.T.); 8/1 6/21-8/27/21 (Butte County J.T.) Estimated length of trial s. b. ~ The party or parties estimate that the trial ~ days (specifynumber): 5 hours (short causes) (specify): take (check one)r will a. ANomey: ~ Trial representation (/o be answered lor each patty) The pariy or parties will be represented at trial by the attorney ~ or party listed in the caption by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. Preference This case is entitled to preference (speci/y code seclion)r 10. Alternative dispute resolution (ADR) s. 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: CounselM has H has not in rule 3.221 to the client snd reviewed ADR options with the dienL provided the ADR information package identified (2)Forself-representedparties:Party& has H hasnot reviewedtheADRinformationpackageidentifiedinrule3.221. b. (1)~ Referral to judicial arbitration or civil action mediation (if available). This matter is subject to mandatoiy 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)~ Civil case to judicial arbitration and agrees to limit recovery to the amount specified Plaintiff elects to refer this Procedure section 1141.11. in Code of (3)~ 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. (speci/y exempl/on): cM-110 Ieev July 1, 20111 CASE MANAGEMENT STATEMENT Pose 2 ef 5 CM-110 CASE NUMSEW PLAINTIFF/PETITIONER: Mark G, Franck; Elaina R. Franck, et al. EFENDANT/RESPONDENT: 18CV03617 Alexandra Rose Doughty, et al. ! 10. c, Indicate the ADR process orprocesses that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check ail that app/y and provide fhe specified infonnalion): 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 (afiach a copy of the parties'DR processes (check all that app/y):slip ula lion)r 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 (dafe): conference C3 Agreed to complete settlement conference by (date)l Settlement conference completed on (dafe): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): (3) Neutral evaluation Agreed to complete neutral evaluation by (dale)l Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (dale): arbitration Agreed to complete judicial arbitration by (dale)r Judicial arbitration completed on (date): C3 Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (dale)i arbitration Agreed to complete private arbitration by (dale): Private arbitration completed on (dale): ADR session not yet scheduled ADR session scheduled for (dale)r (6) Other (specify): Agreed to complete ADR session by (dale): ADR completed on (date): CM-lie IReu July I, 20111 Page! et 5 CASE MANAGEMENT STATEMENT CM-11n CASE NUMBER: ruuNTlppir EymoNER: Mark G. Franck; Elaina R. Franck, et al. 18CV03617 DEFENDANTtREsr ONDENin Alexandra Rose Doughty, et al. a. ~ 11. Insurance Insurance carrier, if any, for party filing this statement (name): M H b. c. ~Reservation of rights: Yes No Coverage issues will significantly affect resolution of this case (explain)i 12.Jurisdiction ~ Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Status: Bankruptcy M Other (specify)r ~ 13. Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: b. ~ H (4) Status: Additional cases are described in Attachment 13a. A motion to H consolidate ~ coordinate will 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, lype of motion, and reasonsj: ~ 15. Other motions The party or parties expect to file the following motions before trial (speclfy moving party, type of motion, and issues): 16. Discovery a. b. ~ C3 The party or parties have completed all discovery. The folbwing discovery will be completed by the date specified (describe all anticipated discovery)i ~Pari Descriotion Date Plaintiffs Written discovery 3/2021 Party and witness depositions 6/2021 Expert depositions Per Code c ~ The following decovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify)r l. 2011i CM.110 [Reu July CASE MANAGEMENT STATEMENT Page e ei 0 CM-110 CASE NUMBER: PLAINTIFF/PETITIQNER: Mark G. Franck; Elaina R. Franck, et aL 18CV03617 oEFEN0ANTiREspoN08NT; Alexandra Rose Doughty, et aL 17. a. ~ Economic litigation case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code This is a limited civil b, ~ of Civil Procedure sections 90-98 will apply to this case. 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 liligafion procedures relating io discovery or trial should nol apply to this casej: 18. ~ Otherissues The party or parties request that the following additional maders be considered or determined at the case management conference (specifyj: 19. a.~ Meet and confer The pany or parties have met and conferred with all parfies on all subjects required by rule 3.724 of the California Rules of Court (if nol, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (speci f7ji 20. Total number of pages attached (if any(i 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 tha party where required. Date: November 30, 2020 JAMES B. BERGLIJND ITYPE OR PRINT NAMEI ISIGNATURE OF PARTY OR AL(tIRNEYI RYPE OR PRINT NAME I ~ (SIGNATURE OF PARTY OR ATTORNEYI Additional signatures are attached. CM-110 IReu July 1,2011I Page 0 of 5 CASE MANAGEMENT STATEMENT PROOF OF SERVICE (C.C.P. 11$1013a and 2015.5) Ideclare that: Iam employed in the County of Butte, State of California, and my business address is 1453 Downer Street, Ste. B, Oroville, California; I am over the age of eighteen years and not a party to the within entitled action; On November 30, 2020, I served the CASE MANAGEMENT STATEMENT on the parties herein by serving a true copy, or original as required by law, on each party or their respective attorneys at the address set forth by law by the following means of service: 10 By ELECTRONICALLY serving the above referred document to the electronic email address set forth below on this date before 11:59 p.m. pursuant to California Judicial Counsel's Emergency Rule 12 and consistent with Code of Civil Procedure section 1010.6(a)(2), (4) and (5). 12 POSTAL SERVICE: I am readily familiar with this office's practice for collection 13 and processing of correspondence for mailing with the U.S. Postal Service. I placed the documents in a sealed envelope with first-class postage fully prepaid, addressed 14 as set forth below, in the area used for outgoing mail in accordance with this office's practice, whereby said document(s) would be deposited on this same day in a facility 15 regularly maintained by the U.S. Postal Service in the City of Oroville, State of California, there being regular communication by mail between the place where 16 deposited and the place where said item(s) was/were addressed. 17 PERSONAL SERVICE: By personal delivering copies to the parties at the addresses below. OTHER: FACSIMILE - By serving copies on the parties to their respective 19 facsimile numbers. 20 PERSON(S) SERVED: 21 KEITH R. PAWLOSKIs ESQ. Email: keith.nawloski~afarmersinsnrance.com STRATMAN, SCHWARTZ & WILLIAMS-ABREGO 22 P.O. Box 258829 Fax No.: (916) 503-2778 Oklahoma City, OK 73125-8829 23 Ideclare under penalty of perjuryunder the laws of the State of California that the foregoing 24 25 is true and correct, Oroville, California. and that this declaration was executed this + day of November, 2020, at 26 27 MELISSA DOLBEE 28