Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Garry L. Montanari, SBN 89790
Michaelis, Montanari & Johnson
4333 Park Terrace Dr. #100, Westlake Village, CA 91361
TELEPHONE NO.: 818.865.0444 FAX NO. (Op/lo"'/): 818.865.8444 1/15/2021
E·MAILADDREss 1op11ono11
gmontanarl@mmjlaw.net
ATTORNEY FOR IN,me): Defendants Steohen Maaee and Sac Aero Flvina Club
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS1050 Mission Road
same
MAILING ADDRESS:
c1TY AND ZIP coDE:
South San Francisco, CA 94080
BRANCH NAME:
PLAINTIFF/PETITIONER: BRYAN TRUJILLO, et al.
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [ZJ UNLIMITED CASE D LIMITED CASE 18CIV01901
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 2, 2021 Time: 9:30 a.m. Dept.: 4 Div.: Room:
Address of court (if different from the address above):
[ZJ Notice of Intent to Appear by Telephone, by (name): Garry L. Montanari, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. LJ'J This statement is submitted by party (name):Defendants Stephen Magee and Sac Aero Flying Club
b. D This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):April17, 2018
b. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. D The following parties named in the complaint or cross-complaint
(1) D have not been served (specify names and explain why not):
(2) D have been served but have not appeared and have not been dismissed (specify names):
(3) D have had a default entered against them (specify names):
c. D The following additional parties may be added (specify names, nature of involvement in case,
and date by which
they may be served):
4. Description of case
a. Type of case in [ZJ complaint D cross-complaint (Describe, including causes of action):
Trespass by aircraft.
Pa e1of6
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Courl,
Judicial Council of Calllornla rules 3.720-3.730
CM-110 [Rev. July 1, 2011] www.cowts.ca.go.,,
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: BRYAN TRUJILLO, et al.
1 BCIV01901
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
4. b. Provide a brief statement of the case, including any damages. {If personal 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 relief is sought, describe the nature of the relie'!
See plaintiffs' Case Management Statement.
D {If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request m a jury trialD a nonjury trial. {If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. D The trial has been set for (date):
b. W 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 {if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
May 6-21, 2021; June 1-16, 2021; June 7-25, 2021; August 2-20, 2021; February 25-March 18, 2022 (2 trials)
7. Estimated length of trial
The party or parties estimate that the trial will take {check one):
a. m days (specify number): ten (10) days
b. D hours (short causes) (specify):
8. Trial representation (to be answered for each party)
[LJ
The party or parties will be represented at trial D
by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
D Additional representation is described In Attachment 8.
9. Preference
D 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 3.221for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel:
Counsel W has D has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) D
For self-represented parties: Party has D has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (If available).
(1) D This matter is subject to mandatory 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) D Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) D This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. July 1, 2011] Page 2 of 6
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: BRYAN TRUJILLO, et al.
~
18CIV01901
bEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated In (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are wllllng to participate in or have already completed an ADR process or processes,
participate in the following ADRindicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply):
stipulation):
D Mediation session not yet scheduled
m D Mediation session scheduled for (date):
(1) Mediation
D Agreed to complete mediation by (date):
m Mediation completed on (date):9/12/2019; 1/10/2019
D Settlement conference not yet scheduled
(2) Settlement
conference
m D Settlement conference scheduled for (date):
D Agreed to complete settlement conference by (date):
m Settlement conference completed on (date): 10/10/20 2/10/20
D Neutral evaluation not yet scheduled
(3) Neutral evaluation D D Neutral evaluation scheduled for (date):
D Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date):
D Judicial arbitration not yet scheduled
(4) Nonblnding judicial D D Judicial arbitration scheduled for (date):
arbitration
D Agreed to complete judicial arbitration by (date):
D Judicial arbitration completed on (date):
D Private arbitration not yet scheduled
(5) Binding private D D Private arbitration scheduled for (date):
arbitration
D Agreed to complete private arbitration by (date):
D Private arbitration completed on (dale):
D ADR session not yet scheduled
D D ADR session scheduled for (date):
(6) Other (specify):
D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-110 [Rev. July 1, 2011) Page 3 of 6
CASE MANAGEMENT STATEMENT
"'"-11 (
CASE NUMBER:
PLAINTIFF/PETITIONER: BRYAN TRUJILLO, et al.
- 18CIV01901
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
11. Insurance
a. W Insurance carrier, if any, for party filing this statement (name):
Avemco Insurance Company
b. Reservation of rights: D Yes m No
c. D Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. D There are companion, underlying, or related cases.
(1)Name of case:
(2)Name of court:
(3)Case number:
(4)Status:
D Additional cases are described in Attachment 13a.
b. D A motion to D consolidate D coordinate will be filed by (name party):
14. Bifurcation
D 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, type of motion, and reasons):
15. Other motions
CZJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Pre-trial motions In limlne
16. Discovery
a. D The party or parties have completed all discovery.
b. D The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
c. [{] The following discovery Issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
This case was first set for trial in November 2019. With a likely trial date in 2021, discovery should be
re-opened.
CM-110 {Rev. July 1, 2011] Page4of6
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER·
PLAINTIFF/PETITIONER: BRYAN TRUJILLO, et al.
1 BCIV01901
DEFENDANT/RESPONDENT: STEPHEN MAGEE, et al.
17. Economic litigation
a.D This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b.D 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 trial
should not apply to this case):
18. Other Issues
D The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. D The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not,
explain):
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): 0
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 the party where required.
Date: January 15, 2021
GARRY L. MONTANARI
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM-110 (Rev. July 1, 2011)
CASE MANAGEMENT STATEMENT Pagri6of6
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA )
) S.S.
3 COUNTY OF LOS ANGELES )
4 I am employed in the Cotmty of Los Angeles, State of California. I am over the age of 18
and not a paity to the within action; my business address is 4333 Park Terrace Dr. # 100, Westlake
5 Village, California 91361.
6 On Januaiy 15, 2021 , I served the foregoing document described as CASE
MANAGEMENT STATEMENT on the interested parties in this action by placing a true copy
7 thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Westlake
Village, California, addressed as follows:
8
9 Michael S. Danko, Esq. Attorneys for Plaintiffs
Shawn Miller, Esq.
1o Danko Meredith
333 Twin Dolphin Dr. #145
11 Redwood Shores, CA 94065
tel: (650) 453-3600; fax: (650) 394-8672
12 Email: mdanko@dankolaw.com; smiller@dankolaw.com
13 [X] (MAIL) I deposited such envelope addressed in the mail at Westlake Village, California.
The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with firm ' s
14 practice of collection and processing correspondence for mailing. It is deposited with U.S. postal
service on that same day in the ordinary course of business. I am aware that on motion of party
15 served, service is presumed invalid if postal cancellation date or postage meter date is more than 1
day after date of deposit for mailing in affidavit.
16
[] (PERSONAL SERVICE) I caused such envelope to be delivered by hand to the addressee
17 listed above at the Courthouse located at 400 County Center, Redwood, CA 94063.
18 [X] (ELECTRONIC TRANSFER) I caused all of the pages of the above-entitled document to
be sent to the recipient noted above via electronic transfer (email) at the respective email addresses
19 indicated above because of the COVID-19 virus.
2O [] (FEDERAL EXPRESS) I deposited such envelope addressed at the Federal Express office
located at Westlake Village, California. The envelope was mailed fully prepaid. I am "readily
21 familiar" with firm's practice of collection and processing correspondence for mailing with Federal
Express. It is deposited with the Westlake Village Federal Express service on that same day in the
22 ordinary course of business. I am awai·e that on motion of party served, service is presumed invalid
if cancellation date is more than 1 day after date of deposit for overnight mailing in affidavit.
23
24 I declai·e under penalty of pe1jury under the laws of the State of California that the foregoing
is true and c01Tect.
25
26 Executed on January 15, 2021 at Westlake Villa_g_e, California.
/
27 , ') ~
~r?Nc//1v /j{z~·-
-~rbara Haus~ann, CCLS
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