Preview
CM-110
OR PARTY WITHOUT ATTORNEY
A‘I'I’ORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
The Torkzadeh Law Firm
Reza Torkzadeh, SBN: 249550; Eugenia L.Steele, SBN: 149207
E-FILED
18650 MacArthur Blvd., Ste. 260, Irvine,CA 92612 6/2/2021 3:46 PM
TELEPHONE No.:(31 0) 935-11 1 1 FAX No. (31 0) 935-01 00
(Optional): Superior Court of California
ADDRESS
E-MAIL eugenia@torklaw.com; tracy@torklaw.com
(Optional): County of Fresno
ATTORNEY FOR(Name): Plaintiff Anita Reyes
By: A. Ramos, Deputy
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno
STREET ADDRESS:1 130
"O" Street
MAxLING ADDRESS:
1 130 "O" Street
AND ZIP CODE:
CITY
Fresno! CA 93724
BRANCH NAME:
PLAINTIFF/PETITIONER: Anita Reyes
DEFENDANT/RESPONDENT: State Center Community College District,et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE
(Amount demanded
E LIMITED CASE
(Amount demanded is$25,000
1QCECG03826
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE isscheduled as follows:
Date: June 16, 2021 Time: 3:30 PM Dept: 403 Div.: Room:
Address of court different
(if from the address above):
Notice of Intent to Appear by Telephone, by (name): Tracy R. Horn
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): Plaintiff
submitted jointly by parties (names):
Anita Reyes
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a.
b. E
The complaint was filed on (date):
The cross-complaint, any,
if
10/21/201 9
was filedon (date):
3. Service (tobe answered by plaintiffs and cross-complainants only)
named
a.
b. E All
The
(1)
parties
E
in the complaint and cross—complaint have been served,
following partiesnamed inthe complaint or cross—complaint
have not been served (specify names and explain why not):
have appeared, or have been dismissed.
(2) E have been served but have not appeared and have not been dismissed (specify names):
(3) E have had a default entered against them (specify names):
c. E The
they may be served):
may be added
following additional parties (specifynames, nature ofinvo/vement incase, and date by which
4. Description of ca_se
a- Type 0f case In complaint E cross—complaint (Describe, including causes of action):
Premises claim resulting
Lliability in bodily injury
Page1of 5
Form AdoptedMandatory Use
for
Judicial Councwl of Ca‘iiornia
CASE MANAGEMENT STATEMENT Cal. Ru‘es of Court,
3.72m3v730
rules
CM-110 1,201
[Rev. July 1] www.courts.ca.gov
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Anita Reyes
1QCECG03826
DEFENDANT/RESPONDENT: State Center Community College District,et al.
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 relief is sought, describe the nature of the relief.)
requires a wheelchair for mobility. While attending class at
Plaintiff Madera Community College she was injured
while using a handicap accessible ramp. Due to the condition of the ramp, wheelchair overturned with
Plaintiff's
her secured to the seat resulting
still in a concussion and fractured VP shunt. Plaintiff ha s undergone surgical
repair of the fractured shunt and continues to treat for her injuries. Medical charges to date exceed $1 13,000.
E more space
(If isneeded, check thisbox and attach a page designated as Attachment 4b.)
5. Jury or nonjury
The
trial
party or parties request
requesting a jurytrial):
a jurytrial E a nonjury trial. (lfmore than one party, provide thename of each party
6.
a.
b.
E
Trialdate
The
No
trial
trial
has been setfor
date has been
(date):
set.This case willbe ready for within
trial 12 months of the date of thefilingof the complaint(if
not, explain):
c. Dates on which parties or attorneys willnot be available for (specify dates
trial and explain reasons for unavailability):
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial will
5-7
a.
b. E days (specify number):
hours (short causes) (specify):
8. Trial representation (to
The
a.
party or parties
Attorney:
will
be answered
be represented
for
at
each party)
trial by the attorney or party
listed inthe caption E by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
E
e. E-mail address:
Additional representationisdescribed inAttachment 8.
g. Party represented:
9.
10.
E
Preference
This case
Alternative
is code
entitled to preference (specify
dispute resolution (ADR)
section):
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
court and
(1)
in
community programs
rule 3.221
case.
in this
For parties represented by counsel: Counsel
and reviewed
to the client
has
ADR options with
E
the
has not
client.
provided the ADR informationpackage identified
(2) For self-represented parties:Party E has E has not reviewed the ADR information package identifiedin rule3.221.
b.
(1) E
Referral to judicial arbitration or civil action mediation available).
(if
This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section
mediation under ode of Civil Procedure section
1141 .11 or to civil action
1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) E Civil
case to
Plaintiff elects to refer this
Procedure section 1141 .1 1.
and agrees
judicial arbitration to limitrecovery to the amount specified inCode of
(3) E This case is exempt from judicial arbitration under rule 3.811
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Counor from
of the California Rules of action
civil
Page20f5
CM-110[Rev.JuIy1,2011]
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Anita Reyes
1QCECGO3826
DEFENDANT/RESPONDENT: State Center Community College District,et al.
10. c. Indicate theADR process or processes that the party or parties are willing to participate
in,have agreed to participate or
in,
have already participatedin (check all that apply and provide the specified information):
The party or parties completing If in the case have agreed to
the party or parties completing this form
thisform are willingto have already completed an ADR process or processes,
participate in or
ADR
participate in the following indicate the status of the processes (attach a copy of the parties’ADR
processes (check allthat apply): stipulation):
Mediation session not yet scheduled First session held 0n
12/07/2020. Parties
Mediation session scheduled for (date):
(1)Mediation DUDE are working to set a
Agreed tocomplete mediation by (date):second session as
Mediation completed on (date):
soon as possible.
Settlement conference not yet scheduled
Settlement Settlement conference scheduled for (date):
(2)
conference DUDE
Agreed tocomplete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation DUDE
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
scheduled
Judicial arbitration not yet
scheduled for (date):
Judicial arbitration
(4) Nonbinding judicial
arbitration
DUDE
Agreed to complete judicial arbitration
by (date):
completed on
Judicial arbitration (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
(6)Other (specify):
E DUDE
ADR
Agreed
session scheduled for (date):
to complete ADR session by (date):
ADR completed on (date):
CM-11o 2011]
[Rev. July
1, Page 3 of 5
CASE MANAGEMENT STATEMENT
CM;110_
CASE NUMBER:
PLAINTIFF/PETITIONER: Anita Reyes
1 90 E CG038 2 6
DEFENDANT/RESPONDENT: State CenterCommunity College District,etal.
11.
a. E
Insurance
Insurance carrier,
E E
any, for party
if statement (name):
filing this
b.
c. E
Reservation of rights:
Coverage issues
Yes
wi|| significantly
No
case
affect resolution of this (explain):
12. Jurisdiction
E
Indicate
Bankruptcy E
any matters that may case and describe the
affect the court's jurisdiction or processing of this
Other (specify):
status.
Status:
13.
a_ E
Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
E
E
Additional cases are described
A motion E
in
consolidate
Attachment 13a.
E be
b. to coordinate will filedby (name party).-
E
14. Bifurcation
The party or parties intend to
action (specifymoving
filea motion foran order
and reasons):
party, type of motion,
causes of
bifurcating, severing, or coordinating the following issues or
Other motions
15.
E The party or panies expect to file the following motions before (specify
trial moving patty, type of motion, and issues):
16.
a.
b.
E
Discovery
The
The
party or parties have completed
following discoverywill
alldiscovery.
be completed by the date specified (describe allanticipated discovery):
Party Description Date
Plaintiff Expert Discovery Per Code
c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-1 10 2011]
[Rev. July
1,
CASE MANAGEMENT STATEMENT Page 4 0f5
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Anita Reyes
— 1 QC E CG038 2 6
DEFENDANT/RESPONDENT: State center community COIISge District, et al.
17.
a. E
Economic litigation
This isa limited civil case (i.e., the amount demanded is $25,000 or less) and the economic
Procedure sections 90-98 will apply to this case.
procedures
litigation inCode
b. E of Civil
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.
E
Other issues
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 partieshave met and conferred with allpartieson allsubjects required by rule 3.724 of the California Rules
of Court not, explain):
(if
b. After meeting and conferring as required by rule3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number ofpages attached (ifany):
|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 wi|| 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: 06/02/2021
Tracy R. Horn
(TYPEOR PRINT NAME)
’ wfl/ 2 {lyw-
(SIGNATURE OF PARTY OR ATTORNEY)
D
OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
E
(TYPE
Additional signatures are attached.
CM-W [ReV-Ju'v 1,2011] CASE MANAGEMENT STATEMENT ”965°”
PROOF OF SERVICE
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
Iam employed in the County
OO\]O\U‘I#UJN'—‘
of Orange, State 0f California. I am over the age 0f 18 and not
a party t0 the Within action. My business address is 18650 MacArthur B1Vd., Ste. 300, Irvine,
California 92612.
On June 2, 2021, I served the foregoing document described as:
PLAINTIFF’S CASE MANAGEMENT STATEMENT
on the interested parties in this action addressed as follows:
DEMARIA LAW FIRM, A.P.C.
11 Anthony N. DeMaria, Esq.
1690 W. Shaw, Ste. 220
12 Fresno, CA 93711
P: (559) 206-2410; Fax: (559) 570-0126
13
14 XXX (Email) by transmitting Via e-mail thB documents listed above t0 the
person(s) at e-mail address(es) set forth as follows:
15
16 Anthony N. DeMaria: ademaria@demarialawfirm.com
17 Nicole Tucker: ntucker@demarialawfirm.com
18 Teri Maxwell: tmaxwell@demarialawfim.com
19
I declare under penalty 0f perjury under the laws of the state of California that the
20
foregoing is true and correct.
21
Executed on June 2, 202 1
,
at Irvine, California.
22
23
Brittney P0105
24
25
26
27
TORK
Preview
CM-110 OR PARTY WITHOUT ATTORNEY A‘I'I’ORNEY (Name, State Bar number, and address): FOR COURT USE ONLY The Torkzadeh Law Firm Reza Torkzadeh, SBN: 249550; Eugenia L.Steele, SBN: 149207 E-FILED 18650 MacArthur Blvd., Ste. 260, Irvine,CA 92612 6/2/2021 3:46 PM TELEPHONE No.:(31 0) 935-11 1 1 FAX No. (31 0) 935-01 00 (Optional): Superior Court of California ADDRESS E-MAIL eugenia@torklaw.com; tracy@torklaw.com (Optional): County of Fresno ATTORNEY FOR(Name): Plaintiff Anita Reyes By: A. Ramos, Deputy SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS:1 130 "O" Street MAxLING ADDRESS: 1 130 "O" Street AND ZIP CODE: CITY Fresno! CA 93724 BRANCH NAME: PLAINTIFF/PETITIONER: Anita Reyes DEFENDANT/RESPONDENT: State Center Community College District,et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE (Amount demanded E LIMITED CASE (Amount demanded is$25,000 1QCECG03826 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE isscheduled as follows: Date: June 16, 2021 Time: 3:30 PM Dept: 403 Div.: Room: Address of court different (if from the address above): Notice of Intent to Appear by Telephone, by (name): Tracy R. Horn 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): Plaintiff submitted jointly by parties (names): Anita Reyes 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. b. E The complaint was filed on (date): The cross-complaint, any, if 10/21/201 9 was filedon (date): 3. Service (tobe answered by plaintiffs and cross-complainants only) named a. b. E All The (1) parties E in the complaint and cross—complaint have been served, following partiesnamed inthe complaint or cross—complaint have not been served (specify names and explain why not): have appeared, or have been dismissed. (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The they may be served): may be added following additional parties (specifynames, nature ofinvo/vement incase, and date by which 4. Description of ca_se a- Type 0f case In complaint E cross—complaint (Describe, including causes of action): Premises claim resulting Lliability in bodily injury Page1of 5 Form AdoptedMandatory Use for Judicial Councwl of Ca‘iiornia CASE MANAGEMENT STATEMENT Cal. Ru‘es of Court, 3.72m3v730 rules CM-110 1,201 [Rev. July 1] www.courts.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Anita Reyes 1QCECG03826 DEFENDANT/RESPONDENT: State Center Community College District,et al. 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 relief is sought, describe the nature of the relief.) requires a wheelchair for mobility. While attending class at Plaintiff Madera Community College she was injured while using a handicap accessible ramp. Due to the condition of the ramp, wheelchair overturned with Plaintiff's her secured to the seat resulting still in a concussion and fractured VP shunt. Plaintiff ha s undergone surgical repair of the fractured shunt and continues to treat for her injuries. Medical charges to date exceed $1 13,000. E more space (If isneeded, check thisbox and attach a page designated as Attachment 4b.) 5. Jury or nonjury The trial party or parties request requesting a jurytrial): a jurytrial E a nonjury trial. (lfmore than one party, provide thename of each party 6. a. b. E Trialdate The No trial trial has been setfor date has been (date): set.This case willbe ready for within trial 12 months of the date of thefilingof the complaint(if not, explain): c. Dates on which parties or attorneys willnot be available for (specify dates trial and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the take (check one): trial will 5-7 a. b. E days (specify number): hours (short causes) (specify): 8. Trial representation (to The a. party or parties Attorney: will be answered be represented for at each party) trial by the attorney or party listed inthe caption E by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: E e. E-mail address: Additional representationisdescribed inAttachment 8. g. Party represented: 9. 10. E Preference This case Alternative is code entitled to preference (specify dispute resolution (ADR) section): 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 court and (1) in community programs rule 3.221 case. in this For parties represented by counsel: Counsel and reviewed to the client has ADR options with E the has not client. provided the ADR informationpackage identified (2) For self-represented parties:Party E has E has not reviewed the ADR information package identifiedin rule3.221. b. (1) E Referral to judicial arbitration or civil action mediation available). (if This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section mediation under ode of Civil Procedure section 1141 .11 or to civil action 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E Civil case to Plaintiff elects to refer this Procedure section 1141 .1 1. and agrees judicial arbitration to limitrecovery to the amount specified inCode of (3) E This case is exempt from judicial arbitration under rule 3.811 mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Counor from of the California Rules of action civil Page20f5 CM-110[Rev.JuIy1,2011] CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Anita Reyes 1QCECGO3826 DEFENDANT/RESPONDENT: State Center Community College District,et al. 10. c. Indicate theADR process or processes that the party or parties are willing to participate in,have agreed to participate or in, have already participatedin (check all that apply and provide the specified information): The party or parties completing If in the case have agreed to the party or parties completing this form thisform are willingto have already completed an ADR process or processes, participate in or ADR participate in the following indicate the status of the processes (attach a copy of the parties’ADR processes (check allthat apply): stipulation): Mediation session not yet scheduled First session held 0n 12/07/2020. Parties Mediation session scheduled for (date): (1)Mediation DUDE are working to set a Agreed tocomplete mediation by (date):second session as Mediation completed on (date): soon as possible. Settlement conference not yet scheduled Settlement Settlement conference scheduled for (date): (2) conference DUDE Agreed tocomplete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation DUDE Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): scheduled Judicial arbitration not yet scheduled for (date): Judicial arbitration (4) Nonbinding judicial arbitration DUDE Agreed to complete judicial arbitration by (date): completed on Judicial arbitration (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 (6)Other (specify): E DUDE ADR Agreed session scheduled for (date): to complete ADR session by (date): ADR completed on (date): CM-11o 2011] [Rev. July 1, Page 3 of 5 CASE MANAGEMENT STATEMENT CM;110_ CASE NUMBER: PLAINTIFF/PETITIONER: Anita Reyes 1 90 E CG038 2 6 DEFENDANT/RESPONDENT: State CenterCommunity College District,etal. 11. a. E Insurance Insurance carrier, E E any, for party if statement (name): filing this b. c. E Reservation of rights: Coverage issues Yes wi|| significantly No case affect resolution of this (explain): 12. Jurisdiction E Indicate Bankruptcy E any matters that may case and describe the affect the court's jurisdiction or processing of this Other (specify): status. Status: 13. a_ E Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: E E Additional cases are described A motion E in consolidate Attachment 13a. E be b. to coordinate will filedby (name party).- E 14. Bifurcation The party or parties intend to action (specifymoving filea motion foran order and reasons): party, type of motion, causes of bifurcating, severing, or coordinating the following issues or Other motions 15. E The party or panies expect to file the following motions before (specify trial moving patty, type of motion, and issues): 16. a. b. E Discovery The The party or parties have completed following discoverywill alldiscovery. be completed by the date specified (describe allanticipated discovery): Party Description Date Plaintiff Expert Discovery Per Code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 10 2011] [Rev. July 1, CASE MANAGEMENT STATEMENT Page 4 0f5 CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Anita Reyes — 1 QC E CG038 2 6 DEFENDANT/RESPONDENT: State center community COIISge District, et al. 17. a. E Economic litigation This isa limited civil case (i.e., the amount demanded is $25,000 or less) and the economic Procedure sections 90-98 will apply to this case. procedures litigation inCode b. E of Civil 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. E Other issues 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 partieshave met and conferred with allpartieson allsubjects required by rule 3.724 of the California Rules of Court not, explain): (if b. After meeting and conferring as required by rule3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number ofpages attached (ifany): |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 wi|| 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: 06/02/2021 Tracy R. Horn (TYPEOR PRINT NAME) ’ wfl/ 2 {lyw- (SIGNATURE OF PARTY OR ATTORNEY) D OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E (TYPE Additional signatures are attached. CM-W [ReV-Ju'v 1,2011] CASE MANAGEMENT STATEMENT ”965°” PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) Iam employed in the County OO\]O\U‘I#UJN'—‘ of Orange, State 0f California. I am over the age 0f 18 and not a party t0 the Within action. My business address is 18650 MacArthur B1Vd., Ste. 300, Irvine, California 92612. On June 2, 2021, I served the foregoing document described as: PLAINTIFF’S CASE MANAGEMENT STATEMENT on the interested parties in this action addressed as follows: DEMARIA LAW FIRM, A.P.C. 11 Anthony N. DeMaria, Esq. 1690 W. Shaw, Ste. 220 12 Fresno, CA 93711 P: (559) 206-2410; Fax: (559) 570-0126 13 14 XXX (Email) by transmitting Via e-mail thB documents listed above t0 the person(s) at e-mail address(es) set forth as follows: 15 16 Anthony N. DeMaria: ademaria@demarialawfirm.com 17 Nicole Tucker: ntucker@demarialawfirm.com 18 Teri Maxwell: tmaxwell@demarialawfim.com 19 I declare under penalty 0f perjury under the laws of the state of California that the 20 foregoing is true and correct. 21 Executed on June 2, 202 1 , at Irvine, California. 22 23 Brittney P0105 24 25 26 27 TORK