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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address) FOR COURTUSE ONLY
JOSEPH R. YATES, ESQ./ SBN: 215100
DREYER BABICH BUCCOLA WOOD CAMPORA, LLP
20 Bicentennial Circle
Sacramento, CA 95826
TELEPHONE NO.: (91 6) 37 9—350 0 (91 6)
FAX NO.(Optional): 37 935 9 9
jyates@dbbwc.com
E-MAILADDRESS(Opt,onal):
ATFORNEYFOR(Name). Defendant James Price
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte 2/5/2021
STREETADDRESS: 1775 Concord Avenue
MAILING ADDRESS:
CITYANOZIRCODE. Chico, CA 95825
BRANCH NAME:
PLAINTIFF/PETITIONER: Unigard Insurance Company
DEFENDANT/RESPONDENT: JAMES PRICE
CASE MANAGEM ENT STATEM ENT CASE NUMBER:
(Check one): UNLIMITED CASE U LIMITED CASE 1 9CVO 107 1
(Amount demanded (Amount demanded is $25,000
exceeds_$25,000) or_less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 24, 2021 Time: 10:30 a.m Dept.: 1 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Joseph Yates, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. This statement is submitted by party (name): Defendant JAMES PRICE
b. J This statement issubmitted jointlyby parties(names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. 1J The cross-complaint, ifany, was filed on(date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. U All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. J The following parties named in the complaint or cross-complaint
(1) J have not been served (specify names and explain why not):
(2) U have been served but have not appeared and have not been dismissed (specify names):
(3) U have had a default entered against them (specify names):
c. J The following additionalparties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
4. Description of case
a. Type of case in complaint Li cross-complaint (Describe, including causes of action):
Complaint for Interpleader and Declaratory Relief.
Page 1 of 5
Form Adopted for Mandatory Use
Essential CASE MANAGEMENT STATEMENT Cal. Rules of Court,
CM-lb [Rev. July 1,2011]C[B’
Judicial Council of California
ceb.com1Forms
rules 3.720-3.730
www.courts.ca.gov
U-PRICE, JAMES
CM-lb
L PLAINTIFF/PETITIONER:Unigard Insurance Company CASE NuMBER.
19CV01071
DEFENDANT/RESPONDENT: JAMES PRICE
4. b. Provide a brief statement of the case,including any damages. (If personal injury damages are sought,specify the injury and
damages claimeci 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 relief.)
CHP Officer James Price is a Plaintiff in a separate action against
drunk driver Benjamin Lucas, and is seeking a verdict in excess of
Unigard Insurance’s policy limits of $100,000/$300,000.
(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 J a jury trial a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. J The trial has been set for (date):
b. 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 willnot be available for trial
(specify dates and explain reasons for unavailability):
These dates will be postponed to unknown dates per orders by
Governor, superior courts and counties due to COVID-19; 2/16/21;
3/4/21; 9/13/21-9/20/21 and 10/26/21-11/9/21.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specifynumber): 5 Days
b. Li hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed
in the caption J by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
J Additional representation is described in Attachment 8.
9. Preference
U 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 3.22 1
for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has J has not provided the ADR information package identified
in rule 3.22 1
to the client andreviewed ADR options with the client.
(2) For self-represented parties:Party U has Ui has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action
mediation (if available).
(1) J This matter is subject to mandatory judicial arbitration under Code of Civil
Procedure section 1141.11 orto civil action
mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) j Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified
in Code of
CivilProcedure section 1141.11.
(3) J 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] CASE MANAGEMENT STATEMENT Page 2 of 5
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D-PRICE, JAMES
CM-lb
— PLAINTIFF/PETITIONER:Unigard Insurance Company CASENUMBER:
19CV01071
DEFENDANT/RESPONDENT: JAMES PRICE
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 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 of the parties’ ADR
processes (check all that apply): stipulation):
J Mediation session not yet scheduled
(1) Mediation J Mediation session scheduled for (date).’
J Agreed to complete mediation by (date):
J Mediation completed on (date):
J Settlement conference not yet scheduled
(2) Settlement U Settlement conference scheduled for (date).’
conference
J Agreed to complete settlement conference by (date):
J Settlement conference completed on (date):
J Neutral evaluation not yet scheduled
(3) Neutral evaluation
‘ J Neutral evaluation scheduled for (date):
J Agreed to complete neutral evaluation by (date):
J Neutral evaluation completed on (date):
U Judicial arbitration not yet scheduled
(4) Nonbinding judicial LJ j Judicial arbitration scheduled for (date):
arbitration
J ‘
Agreed to complete judicial arbitration by (date):
J Judicial arbitration completed on (date):
J Private arbitration not yet scheduled
(5) Binding private U Private arbitration scheduled for (date):
arbitration
J Agreed to complete private arbitration by (date):
j Private arbitration completed on (date):
J ADR session not yet scheduled
(6) Other (specify): J ADR session scheduled for (date):
U Agreed to complete ADR session by (date):
U ADR completed on (date):
CM-11O)Rev. July 1,2011) CASE MANAGEMENT STATEMENT Page 3 of 5
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0-PRICE, JAMES
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L PLAINTIFF/PETITIONER:Unigard Insurance Company CASE NUMBER:
19CV01071
DEFENDANT/RESPONDENT: JAMES PRI CE
11. Insurance
a. Li Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: J Yes J No
c. j 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.
Li Bankruptcy Li Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name ofcase: Price v. Lucas
(2) Name ofcourt: Butte County Superior Court
(3) Case number: 17CV03454
(4) Status: Set for Case Management Conference on March 10, 2021
J Additional cases are described in Attachment 13a.
b. J A motion to J consolidate Li coordinate will be filed
by (name party):
14. Bifurcation
U 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
Li The party or parties expect to file the following
motions before trial (specify moving party,type of motion,and issues):
16. Discovery
a. J The party or parties have completed all discovery.
b. U The following discovery willbe completed by the date specified (describe all anticipated discovery):
Description Date
c. j The following discovery issues,including issues regarding the discovery of electronically stored information,
are
anticipated (specify):
CM-11O(Rev July 1,2011] CASE MANAGEMENT STATEMENT Page 4 of 5
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ceb.coni D—PRICE, JAMES
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L PLAINTIFF/PETITIONER: Unigard Insurance Company CASENUMBER:
19CV01071
DEFENDANT/RESPONDENT: JAMES PRICE
17. Economic litigation
a. J This is alimited 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. J 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
J 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. The party or parties have met and conferred with allparties on all subjects requiredby 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): 1
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 raisedby 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: February 4, 2021
Joseph P. Yats,Rsg;
ATUREoFPARTYORATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Li Additional signatures are attached.
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D-PRICE, JAMES
MC-025
SHORT TITLE: CASE NUMBER
— Unigard Insurance Company v. Price 19CV01071
ATTACHMENT (Number): 4h
(This Attachment may be used with any Judicial Council form.)
Despite there being four injured claimants, and Officer Price
undergoing surgery and incurring in excess of six figures in economic
damages, Unigard chose to pay out $220,000 to three of the claimants
leaving just $80,000 for Price. This Interpleader action needs to
trail the civil case until the verdict in that case is obtained and the
true amount of the obligation is known. Defendant Price requests that
this matter be continued until after the CMC in the civil case on March
10, 2021.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 6 of 6
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Optional Use
Judicial Council of California
ATTACHMENT www.courtinfo.ca.gov
MC-025 [Rev. July 1, 2009[ to Judicial Council Form
CrB Essential DPRICE, JAMES
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_____________,
___________
______
______
1 PROOF OF SERVICE — CCP § 1013, 1013a, 2015.5
and California Rules of Court, Rules 2.306, 2.251
2
3 Unigard Insurance Company v. James Price, et a!.
Butte County Superior Case No.: 19CV01071
4
5 I, Sheri Eckert, declare that:
6 I am a citizen of the United States and am over the age of eighteen years and not a
party to the within above-entitled action. I am an employee of Dreyer Babich Buccola Wood
7 Campora, LLP and my business address is 20 Bicentennial Circle, Sacramento, CA 95826.
8 On February 5, 2021, I served the within document:
9 CASE MANAGEMENT STATEMENT
10 On the parties in said action addressed as follows:
11 SEE ATTACHED SERVICE LIST
12 El BY FACSIMILE MACHINE (FAX): On 20_, at a.m./p.m. by use
of facsimile machine telephone number (916) 379-3599, I served a true copy of the
13 aforementioned document(s) on the parties in said action by transmitting by facsimile
machine to the numbers as set forth above. The facsimile machine I used complied with
14 California Rules of Court, Rule 2.301 and no error was reported by the machine. Pursuant
to California Rules of Court, Rule 2.306, I caused the machine to print a transmission
15 record of the transmission, a copy of which is attached to this Declaration.
16 BY MAIL: I am familiar with my employer’s practice for the collection and processing of
correspondence for mailing with the United States Postal Service and that each day’s mail
17 is deposited with the United States Postal Service that same day in the ordinary course of
business. On the date set forth above, I served the aforementioned document(s) on the
18 parties in said action by placing a true and correct copy thereof enclosed in a sealed
envelope with postage thereon fully prepaid, for collection and mailing on this date,
19 following ordinary business practices, at Sacramento, CA, addressed as set forth above.
20 BY ELECTRONIC TRANSMISSION: Based on a Court order or an agreement of the
parties to accept service by electronic transmission, I caused the documents to be
21 electronically sent to the persons on the attached service list. I did not receive, within a
reasonable time after the transmission, any electronic message or other indication that the
22 transmission was unsuccessful.
23 El BY PERSONAL SERVICE: By personally delivering a true copy thereof to the office of the
addressee above.
24
El BY OVERNIGHT COURIER: By causing a true copy and/or original thereof to be
25 personally delivered via the following overnight courier service:
26 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and that this declaration was executed on February 5, 2021, at
27 Sacramento, CA.
28
Sheri Eckert
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Proof of Service
1 SERVICE LIST
2 Gary R. Selvin, Esq. Attorneys for Plaintiff
Alan Palmer Jacobus, Esq. UNIGARD INSURANCE COMPANY
3 Selvin Wraith Halman LLP
505 l4” Street, Suite 1200
4 Oakland, CA 94612
Telephone: (510) 874-1811
5 Facsimile: (510) 465-8976
Email: gselvinselvinwraith.com
6 Email: ajacobus@selvinwraith.com
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Proof of Service