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  • BERNAL, DOROTHY VS. MENDEZ, FREDAuto Tort: Unlimited  document preview
  • BERNAL, DOROTHY VS. MENDEZ, FREDAuto Tort: Unlimited  document preview
  • BERNAL, DOROTHY VS. MENDEZ, FREDAuto Tort: Unlimited  document preview
  • BERNAL, DOROTHY VS. MENDEZ, FREDAuto Tort: Unlimited  document preview
  • BERNAL, DOROTHY VS. MENDEZ, FREDAuto Tort: Unlimited  document preview
  • BERNAL, DOROTHY VS. MENDEZ, FREDAuto Tort: Unlimited  document preview
  • BERNAL, DOROTHY VS. MENDEZ, FREDAuto Tort: Unlimited  document preview
  • BERNAL, DOROTHY VS. MENDEZ, FREDAuto Tort: Unlimited  document preview
						
                                

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v1 .s-n ‘1" $5 E® "\ - ‘ 7’6M-110 ATTORNEY OR PARTY WITHOUT AWORNEY (Name, SfaIe Bar number, and address): FOR COURT USE ONLY Dan Farrar (Bar # 155217) Attorney at Law F LE l D . 600 E. Main Street, Su1te 100 k k ‘ Turlock, CA 95380 qmg gm: \g Pfi Ly. hU TELEPHONE N0; FAX No. (209) 634-5500 (Optional): LERx 0F T Jag 4;”;pr COUR ‘ E-MAILADDRESSrOptIonaH): ‘-' UHT 0F; _ A m Sl'rfig-fx;{W ?}cz I. ArronNEY FORWame): County 0f Stanislaus, Defendant SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F STANISLAUS W fl‘ STREETADDRESS: 801 10th Street, 4th Floor MAILING ADDRESS: 801 10th Street, 4th Floor CITY AND ZIP CODE: Modesto 953 54 BRANCH NAME: PLA1NTIFF/PETITI0NER: Dorothy Bernal, et a1. DEFENDANT/RESPONDENT: Fred Mendez, et a1. CASE NUMBER? CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE (Amount demanded E LIMITED CASE (Amount demanded is $25,000 2021243 '23; exceeds $25,000) or less) Q; A CASE MANAGEMENT CONFERENCE is SCheduled as follows: C fl I Date: December 3, 201 8/ Time: 8:30 a.m‘. '/ Dept; 24/ Div.: Room: 2% Address of court (if difierent from the address above): é Notice of Intent to Appear by Telephone. by (name): County 0f Stanislaus INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. b. E This statement This statement is is submitted by party (name): submitted jointly by parties (names): County Of Stanislaus Complaint and cross-complaint (to be answeredvby plaintiffs and cmss-compiainants only) The complaintwas filed on a. b. E The cross—complaint. (date): if any, was filed on (date): be answered by plaintiffs and cross-complainants 3. Service E E (to All parties named in only) the complaint and cross-complaint have been served, have appeared, or have been dismissed. named b. The (1) E following parties in the complaint or cross-complaint have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a defau1t entered against them (specify names): c. E The fqllowing additional parties they may be served): may be added (specib/ names, nature of involvement in case, and date by which Mm? 4. Description of case 3- Type 0f case Intersection collision In - complaint E cross-complaint Dangerous condltlon clalm agamst the County (Describe, including causes of action): 2W} Page 1 of 5 9 CASE MANAGEMENT STATEMENT 1 F°$3d¢gspezia°ca.“3iaia:z?ngse CM-110 [Rem July 1. 2011] C$£flé§2°éf£¥£a www.counscagov lgxisNexis® Automated California Judicial Council Forms MW l 4,4 -. , \_ ' MR CM-11o CASE NUMBER: PLAINTIFF/PETJTIONER: Dorothy Bemal, ct al. DEFENDANT/RESPONDENT; Fred Mendez, et a1, 2021243 4. b. Provide a brief statement of the case. including any damages. (prersonal 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 reliefis sought, describe the nature of the relief.) Collision between plaintiffs' vehicle and the Mendez vehicle at a four-way stop. Mendez ran the stop sign. E (If more space is needed. check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury The party or parties request requesting a jury trial trial): a jury trial E a nonjury triaL (Ifmore than one party, pmvfde the name of each party 6. Trial a. b. E E date The No trial trial has been set date has been for (date).- set. This case will be ready for trial within 12 months ofthe date of the filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dares and explain reasons for unavailability): 7. Estimated length‘of trial The party or parties estimate that the trial will {ake {check one): days (specifynumber): 6 a. b. E hours (short causes) (specify): 8. Trial The a. representation party or parties Attorney: will (to be answered for each be represented at trial patty) by the attorney or party listed in the caption E by the following: b. Firm: c. Address: d Telephone numben f. Fax number. De E-mailaddresst Additional representation is described in Attachment 8. g. Partyrepresented: 9. E Preference 10. Alternative This case is entitled to dispute resolution (ADR) preference (specify code section): a. ADR information package. Please note that d'rfferent ADR processes are availabIe in different courts and communities; read the ADR infomation package provided by the court under rule 3.221 for information about the processes available through the court (1) and community programs For parties represented by counsel: Counsel in rule 3.221 to the client and reviewed in this E case. ADR has options with the has not client. provided the ADR information package identified (2) For self-represented parties: Party E E has has not reviewed the ADR information package identified in rule 3.221. Referral to judicial arbitration or civil action mediation available). b. (1) E (if This matter is sub'ect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 0r t0 civil mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. action (2) E case to judicial Plaintiff elects to refer this Civil Procedure section 1141 .1 1. arbitration and agrees t0 limit recovery t0 the amount specified in Code of (3) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): civil action CM-HOIRSNUW- 2°“! CASE MANAGEMENT STATEMENT “9m” LexisNexis® A utomated California Judicial Counci/ Forms 1 L._‘, ( CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Dorothy Bemal, ct a1_ EFENDANT/RESPONDENT: Fred Mendez 2021243 ct aL 10. c. ADR process or‘processes that the party or parties are willing to panicipate Indicate the in. have agreed to padicipate in. or have already participated in (check all that apply and provide the specified infonnation): The party or parties completing If the party or padies 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 0f the parties'ADR processes (check all that apply): stipulation): Mediation session not yet scheduled (1) Mediation E DUDE Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement conference DUDE Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutrai evaluation DUDE Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled Judicial arbitration scheduted for (date): (4) Nonbinding judicial DUDE arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private DUDE 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): DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Revl July 1. 2011] Paga 3 of 5 CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms L“ t CM-11O CASE NUMBER: PLAINTIFF/PETITIONER: Dorothy Bemal, et a1. 2021243 DEFENDANT/RESPONDENT: Fred Mendez, ct a]. 11. Insurance a. E Insurance carrier. E if E any, for party filing this statement (name): No b. c. E Reservation of Coverage issues rights: will Yes significantly affect resolution of this case (explain): 12. Jurisdiction E Indicate any matters that may Bankruptcy E affect the court's jurisdiction or processing of this Other (specify): case and describe the status. Status: 13. a D Related cases, consolidation, and,coordination There are companion, underlying. or related cases. (1) Name of case: (2) Name of court: (3) Case number: Status: D (4) Additionai cases are described in Attachment 13a. D b. A motion to E consolidate E coordinate wiII be filed by (name party): E 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 pan‘y, type ofmotion. and reasons): 15. Other motions The party or parties expect to file the following motions before moving party, type of motion, and issues): trial (specify Motion for Summary Judgment - lack of dangerous condition, lack of proof of causation, as a matter of law. 16. Discovery [E The party or parties have completed a. b. E The P_ath following discovery will all discovery. be completed by the date specified (describe Description all anticipated discovery): M c. D The following discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): Pagedof 5 CM-110 [Rem July 1, 2011] CASE MANAGEMENT STATEMENT LexisNexis® Aulomated Calyorm‘a Judicial Council Forms [V . . V r, . . LJ x ,' 7/ J CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Dorothy Bemal, et al. ‘ 2021243 DEFENDANT/RESPONDENT: Fred Mendez, et a1. EConomic 17. a. E This litigation is a limited civil of Civil Procedure sections 90-98 case (i.e.. the amount demanded apply to this case. is $25,000 or less) and the economic litigation procedures in Code E will 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 tn'al should not apply to this case): 18. E Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. a. E Meet and confer The party or parties of Court (ifnot, explain): have met and conferred with an parties on an subjects required by rule 3.724 ofthe California Rules 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): |am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resoluti as well as other Issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the' eof the case management conference. incIuding the wn'tten authority of the party where require . Date: November 15, 20 1 8 Dan Farrar } V (TYPE OR PRINT NAME) (SIGNATURE OF PARTY V 0R ATI'ORNEY) / OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE E Additional signatures are attached. P899 5°” CM-“OIRBV- Ju'v 1- 20“] CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms PROOF 0F SERVICE Case Name: Berna], et a! v. Mendez, et al Case N0.: 2021243 #UJN My business address is 600 East Main Street, Suite 100, Turlock, California, 95380, where this service occurs. I am a resident 0f 0r employed in the County 0f Stanislaus. I am over the age 0f 18 years, and not a party to this action. On the date set forth below, following ordinary business practice, I served a true copy of ooox-JOU‘I the following document(s): Case Management Statement (Facsimile) by transmitting via facsimile the document(s) listed above t0 the fax number(s) set forth below, or as stated 0n the attached service list, 0n this date before 5:00 p.m. 10 11 i— (Ordinary Course 0f Business) by placing the document(s) listed above in a sealed envelope addressed t0 the persons set forth below, or as stated 0n the attached service list, with postage thereon fillly prepaid for first-class mail, for collection and mailing 12 following ordinary business practices: correspondence is deposited with the U.S. Postal Service the same day as the day 0f collection in the ordinary course 0f business. 13 (Personal Service) by placing the document(s) listed above in a sealed envelope and 14 causing such envelopes to be delivered by hand this date to the offices of the address of the persons set forth below, 0r as stated 0n the attached service list. 15 (Overnight Delivery) by placing the document(s) listed above in a sealed envelope and 16 causing such envelopes t0 be delivered to an overnight delivery carrier with delivery fees provided for, addressed to the persons on whom it is t0 be served. 17 Wade M. Hansard Jacqueline Yates 18 M. Johnson Benj amin Hartsuyker, Stratman, et al McCormick Barstow LLP P.O. Box 258829 19 7647 N. Fresno Street Oklahoma City, OK 73125-8829 Fresno,CA 93720 20 Gerald E. Brunn 21 Law Offices 0f Brunn & Flynn 928 12m Street, Ste. 200 22 Modesto, CA 95354 23 24 I declare under penalty of peljury under the laws 0f the State of California that the foregoing is true and correct. Executed in Turlock, California on November 15, 201 8. 25 26 <95 Erica Perez 28