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CM-1 1 0
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): _
FOR COfiTiUE SLY“;
I ‘ I
Kenny Nguyen, sBN: 233385 -
’
Attorney General's Office, P.O. Box 944255 :20 15 OCT '9 M? 9: 'U 6
Sacramento, CA 94244-2550 _
Guggugtrpio FSpTPm
scum
.
__ ‘
1
0n
TELEPHONE No; 916. 323. 6311 FAX No. (Optional). 916 327 2247 9.
HiISEI‘EJUJS
E MAILADDREss (Optional): Kenny. Nguyen@doj. ca. gov
BY
Defendants CHP and Officer G. Crabb
ATTORNEY FOR(Name)
_ fl
'
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F StanislaUs
STREETADDRESS: City Towers, 4th Floor
MAI‘LING ADDRESS: 801 10th Street
CITYANDZIP CODEI Modesto, CA 95354
BRANCH NAME: Civil Division-Unlimited
PLAINTIFF/PETITIONER: Christopher Asher
DEFENDANT/RESF'ONDENT: California Highway Patrol, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded Is $25, 000
-201 0019
exceeds $25,000) or less) -
A CASE MANAGEMENT CONFERENCE is scheduled as follows: .
~
Date: 10/26/201 5 Time: 3 pm Dept: 2'1
- a Div: Room:
'
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Kenny Nguyen
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
_
b. E This statement
This statement
is
is
submitted by party (name):
submitted jointly by parties (names):
Defendants CHP, Officer G_.7Crabb
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-éomp/ainants only)
The complaint was filed on (date):
a.
b. E The cross—comp'laint. if any, was filed on (date):
3.
a. E
Service
E
(to be answered by plaintiffs and cross-complainants
All parties named In
only)
the complaint and cross— complaint have been served have appeared or have been dismissed.
named'In
b. The
(1) E
following parties the complaint or cross— complaint
have not been served (specify names and explain why
\
not):
(2) E have been served but have not appeared ahd have not been dismissed (specify names):
(3) E have had a default entered against them (specify names):
c. E The
theyr
following additional parties
mgy be served):
may be added (specify names, nature of involvement in case, and date by which
4. Description of case
a- Type 0f case In - complaint E cross—complaint (Describe, including causes of action):
General Negligence
Page1 of 5
Form Adopted for Mandatory Use
Judicial Council of,CaIifomia
CASE MANAGEMENT STATEMENT Cal. Rules of Court.
rules 3.720—3.730
CM-110 (Rev. July 1, 201 1] www‘counacagov
"
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: Christopher Asher
—~ ‘
_- 2010019
_ I
DEFENDANT/RESPONDENT; California nghway Patrol, et al.
4. b. Provide a brief statement of the case. including any damageé. (lfpersona/ injUry damages aie sought, spécifflhe injury and
'
‘ .
damages claimed, including medical expenses to date findicate 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.)
Plaintiff claims Défendants did not handle evidence, or potential evidence properly. resulting in the loss of
Plaintiff‘s vehicle due to sale of said vehicle. Defendants CHP and Crabb deny any wrongdoing, including,
withounlimitations, the allegations of the complaint
E (If more space is heeded, check this box and attach a page designated as Attachment 4b.)
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V
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5. Jury or nonjury_
The party or parties request
requesting a jury
trial
trial):
a jury trial E a nonjury trial. (Ifmore than oneparty, provide the
‘
-
name ofeach party
'
6. Trial
a.
b.
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 thel
filing ofthe complaint (if
not explain).
The case was filed In June, 2014, hoWever, Plaintiff has not yet served the Second Amended Complaint
c. Dates on which parties or attorneys will not be available for trial (specify dates andexplain reasons for unavailability).
7. Estimated length of trial
The party or parties estimate that the take (check one).
a.
b.
-
E days (specifi/ number). 3 7 days
hours (short causes) (specify):
trial will
m E
'
8. Trial representation (to be answered fo‘r each party)
I
»
-
The party or parties will be represented at trial by the attorney or party'listed in the caption by the‘following:
'
a. Attorney:
b. Firm:
c. Address: .
z
d Telephone number: f. Fax nu'mbér:
E
e. E- mail address:
Additional representation is described'In Attachment 8.
g. Party represented:
D
‘
9. Preference
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
(1)-
court and community programs
For parties represented by counsel:
in rule 3 221 to the client and reviewed
in this
- E
case.
Counsel-
ADR
ha_s
options with the
has not
client.
provided the ADR information package identified
E E
.
,
(2 ) For self—represented parties. Party has has not reviewed the ADR information package identified in rule 3. 221.
b.
(1) E
Referral to judicial arbitration or
--
This matter
civil action mediation (if available).
sub ect t'o mandatory judicial arbitration under Code of— Civil Procedure section 1141. 11 or to civil action
Is
mediationl under ode of Civil Procedure section 1775 3 because the amount 1n controversy does not exceed the
statutory imit.
(2) E Plaintiff elects to refer this
Civil
case to
Procedure section 1141.11.
judicial arbitration and agrees to limit recovery'to the amount specified in Code of
(3) E ’
This‘case is exempt from judicial arbitration under rule 3.811 ofthe California Rules df_Courtor from'
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
civil action
CM-110 Page 20f5
(Rev. July 1. 2011]
CASE MANAGEMENT STATEMENT .
I
cM-11o
CASE NUMBER:
PLAINTIFF/PETITIONER: Christopher Asher
_
,
2010019
DEFENDANT/RESPONDENTI California Highway Patrol, et al.
10. c. Indibate the ADR process or processes that the party or parties are wining to participate in‘,,have agreed to participate in. or
’
have already participated in (check all that apply arid provide the specified information):
The party or parties completing If the' in the case have agreed to
party or parties completing this form
this form are willing to participate in orhave already completed an ADR process or pro‘cesses,
participate in the following ADR indicate the status of the processes (attach a copy of 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 cogferénce 'not yet scheduled
Settlement Settlement_conference scheduled for (date):
(2)
conference DUDE
Agreed to complete settlement conference by (date):
Settlement cohference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation Scheduled for (date):
(3) Neutral evaluation DDUD
Agreed to complete neutral evaluation by (date):
_Neutra| evaluation completed on (date):
Judicial arbitration not yet schedUled
DUDE! Judicial arbitration schéduled for (date):
(4) Nonbinding judicial
grbitration
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 priva'te'arbitration by (date):
I
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled f0} (date):
(6) Other (specify): DUDE
Agreed to ‘complete ADR session by (date):
ADR completed 6n (date):-
CM-11o [Rem July 1. 201 1]
Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-JlQ
CASE NUMBER:
PLAINTIFF/PETITIONER: ChristopherASher
2010019
DEFENDANT/RESPONDENT: California Highway Patrol, et al.
11. Insurance
[j Insurance
a.
b.
c.
Reservation ofrights.
Coverage issues
E
will
E
carrier ifany, forparty filing this
Yes No
statement (name)
significantly affect resolution of this case (explain):
The state is self—insured.
12 Jurisdiction
E
Indicate
Status;
any matters
Bankruptcy E
that may affect the court's jurisdiction or processing of this
Other(specify):
case and describe the status.
13.
a, E
Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of casé:
(2) Narr'ne of court:
(3) Case. number:
(4) Status:
b.
E
D
Additional cases are described
A motion to E consolidate
in Attachment 13a.
E coordinate will be filed by (name pa/ny):
14. Bifurcation
E The party or parties intend to file a motion for
action (specify
an order bifurcating. severing.
moving party, type of motion, and reasons):
or coordinating the following issues or causes of
15; Other motions
The party of'parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendants-Demurrer, Motion for Summary'Judgment
16.
a
b.
E
Discovery
-
-The
The party or parties
following discovery
have completed
will
all discovery.
be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendants CHP, Officer G. Crabb Written Interrogatories percode
Defendants CHP, Officer G. Crabb Demand for PrOduction 9f Documents percode
Defendants CHP, Officer G. Crabb Oral depositions of witnesses percode
Defendants CHP, Officer G. Crabb Expert deposition and discovery percode
c E: The following discovery Issues including Issues regarding the discovery of electronically stored information are
anticipated (specify):
Page 4 of 5
CM‘HO [Rem July 1, 201 1]
CASE MANAGEMENT STATEMENT
‘
J
\7 #1’
'
CM-,110
'
PLAINTIFF/PETITIONER: Christopher Asher CASE NUMBER:
2010019
DEFENDANT/RESPONDENT: california Highway Patrol, et 3|.
17
a E
Economic litigation
This
of Civil
Is civil case (i e., the amount demanded Is $25. 000 or
a limited
Procedure sections 90- 98 will apply to this case.
less) and the economic litigation procedures'In Code
b E This'ls a limited
discovery will
civil case and a motion to withdraw the case from the economic litigation procedures or for additional
be filed {if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case).
'
18.
-
Other issues
The
conference
party or parties request that the following additional matters
(specify).
be considered or determined at the case management
The demurrer t0 Plaintiff's original complaint was sustained, and Plaintiff failed to
file an amended complaint
on Defendant CHP's motion to dismiss, Plaintiff's
within the time limit set by.the court. At the 2/19/15 he'aring
counsel appeared and sought leave to file an amended complaint. Plaintiff‘s counsel filed an amended
complaint the same day, but has not yet sewed CHP or Officer Crabb. The case should be dismissed.
' '
4
19.
a E
Meet and confer
The part_y
of Court
or parties have
(if not, explain):
met and conferred with all parties on all subjects required by rule 3. 724 of the California Rules
Defendants are awaiting receipt of an amended complaint, which was apparently filed in February 2015 but
has still not been served. Plaintiff's. counsel did not appear at the June 2.015 Case management conferenc
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 (I'f
any):
a'm completely familiar with this case and will be fully prepared to dis‘cuss 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 pany where required.
Date: October 8, 201 5
"
Kenny Nguyen ’
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
E (SIGNATURE OF PARTY 0R ATTORNEY)
Additional signatures are attached.
~CM-11o (Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 6 of 5
DECLARATION OF SERVICE BY U.S. MAIL
Case Name; Christopher Asher v. CHP, City of Modesto Police Department,
'
Glen P. Crabb, et al.
‘Case N01: 2010019
I declare:
I am employed in the‘
Office of the Attorney General, which is the office of a member of the
California State Bar, at which member' s direction this service is made. I am 18 years Qf age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence for mailing With the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system a't
the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day 1n the ordinary course of
business.
On October 8 201 5, I served the attached CASE MANAGEMENT STATEMENT by placing
a trué copy thereof enclosed in a sealed envelope-in the internal mail coll¢ction system at the
Office of the Attorney General _at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento,-CA
94244-2550, addressed as follows: r
Mark W; King, Esq.
Law Offices of Mark W. King
1265 W._ Shaw, Suite 100 <
-
Fresno, CA 93711
Attorney for Plaintiff
Ideclare under penalty of perjury under the laws 0f the State of California the foregoing is true
and correct and that this declaration was executed on r H2015 at Sacramento, California.
Eb
I
H. Hernandez
Declarant _
,
\mwfl
Signatu
7
SAzomlms
32242955.doc