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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
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600 E. Main Street, Su1te 100 k k
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Turlock, CA 95380 qmg gm: \g Pfi Ly. hU
TELEPHONE N0; FAX No.
(209) 634-5500
(Optional):
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E-MAILADDRESSrOptIonaH):
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ArronNEY FORWame): County 0f Stanislaus, Defendant
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F STANISLAUS
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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:
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Date: December 3, 201 8/ Time: 8:30 a.m‘.
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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
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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
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CM-110 [Rem July 1. 2011]
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lgxisNexis® Automated California Judicial Council Forms
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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
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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