Preview
CM-110
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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
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is true and correct,
Oroville, California.
and that this declaration was executed this + day of November, 2020, at
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MELISSA DOLBEE
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