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MEET
eT
Santa Clara — Civil
CM-1 10
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY
Mark R. Nivinskus State Bar #: 195335
NIVINSKUS LAW GROUP, A LAW CORPORATION (714) 533-8110 E-FILED
134 W. WILSHIRE AVE. . FAX NO.: (714) 533-8828 2/20/2018 1:57 PM
FULLERTON, CA 92832 Clerk of Court
ATTORNEY FOR (NAME): PLAINTIFF. 15002067 Superior Court of CA,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
County of Santa Clara
STREET ADDRESS. 16CV304404
MAILING ADDRESS: 191 North First St. Reviewed By: L. Wang
CITY & ZIP CODE: San Jose, CA 95113
BRANCH NAME: SANTA CLARA FACILITY Envelope:1235267
PLAINTIFF/PETITIONER: UNITED FINANCIAL CASUALTY
COMPANY
DEFENDANT/RESPONDENT: Jessica D. Vasquez, et al.,
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check One): [7 uNLMITeD case [x] uimitep case
(Amount demanded (Amount demanded is $25,000 16CV304404
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 3-29-2018 Time: 10:00 Dept.: 6 Div.: Room:
Address of court (if different from the address above):
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): UNITED FINANCIAL CASUALTY COMPANY
b. [-] This statement is submitted jointly by parties (names):
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date): December 23, 2016
b. The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
b. |The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
Q) oO have been served but have not appeared and have not been dismissed (specify names):
(3) Oo have had a default entered against them (specify names):
c. [[] The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
Description of case
a Type of case in cd complaint Co cross-complaint (describe, including causes of action):
Insurance subrogation claim arising from a traffic collision.
Page
1 of 4
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
ae, rules3.720-3.730
PLAINTIFF/PETITIONER: United Financial Casualty CASE NUMBER:
DEFENDANT/RESPONDENT: Jessica D. Vasquez 16CV304404
4 b. Provide a brief statement of the case, including damages. (if personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount, estimate future medical expenses, lost
earnings to date, and estimate future lost earnings. If equitable relief is sought, describe the nature of the relief.)
THE DEFAULT JUDGMENT PACKAGE HAS BEEN SUBMITTED.
Oo (if more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request Cia jury trial Xla Nonjury trial (if more than one party, provide the name of each party
requesting a jury trial):
Trial Date
a. C1] The trial has been set for (date):
b. CX] 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):
Estimated length of trial
The pai or parties estimate that the trial will take (check one):
a. days (specify number):
b. EX] hours (short causes) (specify): 2 hours
Trial representation (fo be answered for each party)
The party or parties will be represented at trial Xd by the attorney or party listed in the caption Co by the following:
Attorney:
Firm:
Address:
Telephone number:
Fax number:
E-mail address:
Party represented:
Co Additional representation is described in Attachment 8.
Preference
[1 This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
a. Counsel LX] has [7] has not provided the ADR information package identified in rule 201.9 to the client and has
reviewed ADR options with the client.
b. Cf All parties have agreed to a form of ADR. ADR will be completed by (date):
¢. The case has gone to an ADR process (indicate status):
CM-110 (Rev. January 1, 2008] CASE MANAGEMENT STATEMENT Page
2 of 4
‘
PLAINTIFF/PETITIONER: United Financial Casualty CASE NUMBER:
DEFENDANT/RESPONDENT:_Jessica D. Vasquez 16CV304404
10. d. The party or parties are willing to participate in (check all that apply):
(1) 2) Mediation
(2) Oo Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 3.822)
3) Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 3.822)
(4) LJ Binding judicial arbitration
(5) Binding private arbitration
(6) Neutral case evaluation
(7) L_] other (specify):
e. [_] This matter is subject to mandatory judiial arbitration because the amount in controversy does not exceed the statutory limit
f. (J 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.
g. [7 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption):
1 Settlement conference
The party or parties are willing to participate in an early settlement conference (specify when):
12 Insurance
a. Insurance carrier, i ey , for pat filing this statement (name):
b. Reservation of rights: Yes No
¢. Coverage issues will significantly affect resolution of this case (explain):
13, Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
Co Bankruptcy Other (specify):
Status:
14, Related cases, consolidation, and coordination
a There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Additional cases are described in Attachment 14a.
b. [] Amotion to [51 consolidate [51 coordinate will be filed by (name party):
15. 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 party, type of motion, and reason):
16. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
‘CM-110 [Rev. January 1, 2009) CASE MANAGEMENT STATEMENT Page
3 of 4
PLAINTIFF/PETITIONER: United Financial Casualty CASE NUMBER:
DEFENDANT/RESPONDENT: Jessica D. Vasquez 16CV304404
17. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptio ate
c. [-] The following discovery issues are anticipated (specify):
18. Economic Issues
a. oI 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 through 98 will apply to this case.
b. This is a limited civil case and a motion to withdraw the case from 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):
19. Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
20. Meet and confer
a. 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):
21. 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 ADR, as well as other issues
raised by the statement, and will possess the authority to enter into stipulations on these issues at the time of the case management
MM
conference, including written authority of the party where required.
Date: February 8, 2018
Mark R. Nivinskus
(TYPE OR PRINT NAME) I "ARTY OR ATTORNEY)
(TYPE OR PRINT NAME) 6 ATURE OF PARTY OR ATTORNEY)
[1 Additional signatures are attached
CM-110 (Rev. January 1, 2009] CASE MANAGEMENT STATEMENT Page
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MEET eT Santa Clara — Civil CM-1 10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY Mark R. Nivinskus State Bar #: 195335 NIVINSKUS LAW GROUP, A LAW CORPORATION (714) 533-8110 E-FILED 134 W. WILSHIRE AVE. . FAX NO.: (714) 533-8828 2/20/2018 1:57 PM FULLERTON, CA 92832 Clerk of Court ATTORNEY FOR (NAME): PLAINTIFF. 15002067 Superior Court of CA, SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA County of Santa Clara STREET ADDRESS. 16CV304404 MAILING ADDRESS: 191 North First St. Reviewed By: L. Wang CITY & ZIP CODE: San Jose, CA 95113 BRANCH NAME: SANTA CLARA FACILITY Envelope:1235267 PLAINTIFF/PETITIONER: UNITED FINANCIAL CASUALTY COMPANY DEFENDANT/RESPONDENT: Jessica D. Vasquez, et al., CASE MANAGEMENT STATEMENT CASE NUMBER: (Check One): [7 uNLMITeD case [x] uimitep case (Amount demanded (Amount demanded is $25,000 16CV304404 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 3-29-2018 Time: 10:00 Dept.: 6 Div.: Room: Address of court (if different from the address above): 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): UNITED FINANCIAL CASUALTY COMPANY b. [-] This statement is submitted jointly by parties (names): Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): December 23, 2016 b. The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed. b. |The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): Q) oO have been served but have not appeared and have not been dismissed (specify names): (3) Oo have had a default entered against them (specify names): c. [[] The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): Description of case a Type of case in cd complaint Co cross-complaint (describe, including causes of action): Insurance subrogation claim arising from a traffic collision. Page 1 of 4 CASE MANAGEMENT STATEMENT Cal. Rules of Court, ae, rules3.720-3.730 PLAINTIFF/PETITIONER: United Financial Casualty CASE NUMBER: DEFENDANT/RESPONDENT: Jessica D. Vasquez 16CV304404 4 b. Provide a brief statement of the case, including damages. (if personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount, estimate future medical expenses, lost earnings to date, and estimate future lost earnings. If equitable relief is sought, describe the nature of the relief.) THE DEFAULT JUDGMENT PACKAGE HAS BEEN SUBMITTED. Oo (if more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request Cia jury trial Xla Nonjury trial (if more than one party, provide the name of each party requesting a jury trial): Trial Date a. C1] The trial has been set for (date): b. CX] 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): Estimated length of trial The pai or parties estimate that the trial will take (check one): a. days (specify number): b. EX] hours (short causes) (specify): 2 hours Trial representation (fo be answered for each party) The party or parties will be represented at trial Xd by the attorney or party listed in the caption Co by the following: Attorney: Firm: Address: Telephone number: Fax number: E-mail address: Party represented: Co Additional representation is described in Attachment 8. Preference [1 This case is entitled to preference (specify code section): 10. Alternative Dispute Resolution (ADR) a. Counsel LX] has [7] has not provided the ADR information package identified in rule 201.9 to the client and has reviewed ADR options with the client. b. Cf All parties have agreed to a form of ADR. ADR will be completed by (date): ¢. The case has gone to an ADR process (indicate status): CM-110 (Rev. January 1, 2008] CASE MANAGEMENT STATEMENT Page 2 of 4 ‘ PLAINTIFF/PETITIONER: United Financial Casualty CASE NUMBER: DEFENDANT/RESPONDENT:_Jessica D. Vasquez 16CV304404 10. d. The party or parties are willing to participate in (check all that apply): (1) 2) Mediation (2) Oo Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 3.822) 3) Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days before trial; order required under Cal. Rules of Court, rule 3.822) (4) LJ Binding judicial arbitration (5) Binding private arbitration (6) Neutral case evaluation (7) L_] other (specify): e. [_] This matter is subject to mandatory judiial arbitration because the amount in controversy does not exceed the statutory limit f. (J 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. g. [7 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption): 1 Settlement conference The party or parties are willing to participate in an early settlement conference (specify when): 12 Insurance a. Insurance carrier, i ey , for pat filing this statement (name): b. Reservation of rights: Yes No ¢. Coverage issues will significantly affect resolution of this case (explain): 13, Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. Co Bankruptcy Other (specify): Status: 14, Related cases, consolidation, and coordination a There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 14a. b. [] Amotion to [51 consolidate [51 coordinate will be filed by (name party): 15. 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 party, type of motion, and reason): 16. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): ‘CM-110 [Rev. January 1, 2009) CASE MANAGEMENT STATEMENT Page 3 of 4 PLAINTIFF/PETITIONER: United Financial Casualty CASE NUMBER: DEFENDANT/RESPONDENT: Jessica D. Vasquez 16CV304404 17. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptio ate c. [-] The following discovery issues are anticipated (specify): 18. Economic Issues a. oI 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 through 98 will apply to this case. b. This is a limited civil case and a motion to withdraw the case from 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): 19. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 20. Meet and confer a. 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): 21. 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 ADR, as well as other issues raised by the statement, and will possess the authority to enter into stipulations on these issues at the time of the case management MM conference, including written authority of the party where required. Date: February 8, 2018 Mark R. Nivinskus (TYPE OR PRINT NAME) I "ARTY OR ATTORNEY) (TYPE OR PRINT NAME) 6 ATURE OF PARTY OR ATTORNEY) [1 Additional signatures are attached CM-110 (Rev. January 1, 2009] CASE MANAGEMENT STATEMENT Page 4 of 4