Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address]. FOR COIJRT USE ONLY
Barrick Arnold (Bar 0 284470)
The Law Offices of Max CT. Arnold, Inc.
1410 Neotomas Avenue, Suite 100
Santa Rosa, CA 95405
TELEPHONE NO.. (70'7)
535 1920 (707)
FAX NO. (Optional):
535 1930
E-MAIL ADDREss (opt( nial):
IitdOCS@maXgarnO Id COm
A~DRNEYFDR(»me]: Plaintiff XOChitl MeZa
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 8/23/2021
sTREET ADDREss 1 775 Concord Ave.
NIAILING
ADDRESS'lTY
AND zIPcoDE'h]co 95928
BRANcH NAME Chico Courthouse
PLAINTIFF/PETITloNER: Xochitl Meza
oEFENOANT(RESPoNDENT: Walmart Inc.
(Check one): ~ CASE MANAGEMENT STATEMENT
UNLIMITED CASE
(Amount demanded
~ LIMITED CASE
(Amount demanded is $ 25,000
CASE NUMBER.
21CVQ0598
exceeds $ 25,000) orless)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: September 8, 2021 Time: 10:30 AM Dept.: TBD Div.: Room;
Address of court (if different from the address above):
~x Notice of Intent to Appear by Telephone, by fnaree: Plaintiffs Counsel
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1.
a.
b.
~
Party or parties (answer one):
~ This statement is submitted by party (name): Xochitl
This statement is submitted jointly by parties (names):
Meza
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a.
b. ~
The complaint was filed on (date): March
The cross-complaint, if
15, 2021
any, was filed on (date):
3. Service be answered by plaintiffs and cross-complainants only)
I'to
a.
b. ~
~x All
(1)
parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
~
The following parties named in the complaint or cross-complaint
have not been served (specify names and explain why not):
(2) ~ have been served but have not appeared and have not been dismissed (specify names):
(3) ~ have had a default entered against them (specify names):
c. ~ The following additional parties may be added (specify names, nature ofinvolvementin case, and date by which
they may be served):
4. Description of case
Type of case in
Plaintiffs
~x complaint ~ cross-complaint (Describe, including causes of action):
complaint seeks compensatory damages for bodily injuries she suffered during an incident at
one of defendant's retail locations.
Pa ef of5
Form Adopted for Mandatory Use CalRules of Court.
Judicial Council of California
CM-110 [Rev. July 1. 2011] rules 3 720-3 730
www.courts ca.gov
(SLY(divot'iSItt sf trtdmd(dd Cd(i fOnnin Jtriki Oi df
CrJtmr'i I f'Otanr
CM-110
PLAINTIFF/PETITIONER; Xochitl Meza CASE NUMBER:
DEFENDANT/RESPONDENT: Walmart Inc. 21CV00598
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 reliefis sought, describe the nature ot the relief)
See Attachment 4b
(lf 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
requesting ajury trial):
~ a jury trialMx a nonjury trial. (If more than one party, provide the name of each party
6.
a.
b.
~
Trial date
~x
The trial has been set for (date):
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. (specify dates and explain reasons I'r unavailability):
Dates on which parties or attorneys will not be available for trial
Due to other trials and arbitrations, plaintiff's counsel will be unavailable on the following dates: 3/15 — 4/6/22„5/l 6—
5/25/22; 6/20/ — 6/3 0/22.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a.
b. ~
~x days (specify number): 2
hours {short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial
a. Attorney:
~x by the attorney or party listed in the caption~ by the following:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address; Party represented:
g.
Additional representation is described in Attachment 8.
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
court and community programs in this case.
{1) For parties represented by counsel:
in rule 3.221
Counsel 222 has ~ has not
to the client and reviewed ADR options with the client.
provided the ADR information package identified
{2) For self-represented parties:Party ~ has ~ has not reviewed the ADR information package identified in rule 3.221.
b.
{1) ~
Referral to judicial arbitration or civil action mediation {if available).
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
statutory limit.
Procedure section 1775.3 because the amount in controversy does not exceed the
{2) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Procedure section 1141.11.
~
Civil
{3) 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):
Claimed damages exceed $ 50,000.00.
CM-110 [Rev
July 1. 2011]
CASE MANAGEMENT STATEMENT Page 2 of
5
/CSS/SrVCCeiStl]rc] ututnrrtC'C/
Culi/r] t nirr,/nrt'iuiui COrrnurl Farms
PLAINTIFF/PETITIONER: CASE
Xochjt] Meza NUMBER'1CV00598
EFENDANT/RESPONDENT:
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 participatedin (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'AOR
processes (check all that apply): stipulation):
~x Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev July
2011I
1
Page3 of 6
CASE MANAGEMENT STATEMENT
nevis!Vcvis'3x'ofomafcnl Cali fofvno Jnai'oicfi C onnoil Forms
PLAINTIFF/PETITIQNER: Xochitl Meza CASE NUMBER;
DEFENDANT/REsPQNDENT: Walmart Inc. 21CV00598
11.
a. ~
Insurance
Insurance carrier, if any, for party filing this statement (name):
W W
b.
c. ~Reservation of rights: Yes No
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.
Status:
Bankruptcy M Other (specify):
~
13. Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
b.
~
M
(4) Status:
Additional
A motion to
cases are described
M
in
consolidate ~
Attachment 13a.
coordinate willbe filed by (name party):
14.
~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 reasons):
~
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Standard motions in limine.
16.
a.
b.
~
Discovery
~ The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
~ara/ ~oesctitiott Date
Plaintiff Party/Witness Depositions December 2021
Plaintiff Written Discovery February 2022
P lainti ff Expert Discovery Per CCP II2034
~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev July 1, 2011[
Page @of 5
.4 too mofi'd Co/i fonni a
t''ttu
Le ti ytvot'i Jut/i ot'a/ C'0 unoi / For
ma
PLAINTIFF/PETITloNER: Xochitl Meza CASE
NUMBER'1CV00598
DEFENDANT/REsPoNDENT: Walmart inc.
17.
a, ~
Economic litigation
This is a limited civil case li.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures
inCode
b. ~ of Civil Procedure sections 90-98 will apply to this case.
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
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19.
a.~
Meet and confer
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
(speci fy):
20. Total number of pages attached (if any):
Iam 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: August 20, 2021
Barrick Arnold
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
~ (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. July 1, 2011]
Page 5 of
5
I eyi i.Veri e50,4nfafna)ed Cali fOrni a,lna'iai al
COIOf C il
1Onny
Attachment 4b
On February 23rd, 2020, the plaintiff was shopping at defendant's Chico location, and
preparing to leave the store after she had used the restroom. On her way out, she
encountered one of defendant's employees, who was using a pallet jack to move a number of
large boxes; when that person was passing plaintiff, they made an abrupt turning movement
with the pallet jack, which caused several of the boxes to fall onto the plaintiff. Plaintiff s
complaint alleges that the employee's negligence in operating the pallet jack was the actual
and proximate cause of the incident, and that she suffered bodily injuries and other damages
as a result. The complaint also alleges that the person operating the pallet jack was in the
course and scope of their employment with defendant WALMART, INC., at the time of the
incident. Plaintiff suffered various soft tissues injuries, and has since undergone a knee
surgery. Current medical expenses are approximately $ 65,000.00, and the plaintiff estimates
that future medical expense will be in excess of $ 50,000.00, as she now needs another knee
surgery.
Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address]. FOR COIJRT USE ONLY Barrick Arnold (Bar 0 284470) The Law Offices of Max CT. Arnold, Inc. 1410 Neotomas Avenue, Suite 100 Santa Rosa, CA 95405 TELEPHONE NO.. (70'7) 535 1920 (707) FAX NO. (Optional): 535 1930 E-MAIL ADDREss (opt( nial): IitdOCS@maXgarnO Id COm A~DRNEYFDR(»me]: Plaintiff XOChitl MeZa SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 8/23/2021 sTREET ADDREss 1 775 Concord Ave. NIAILING ADDRESS'lTY AND zIPcoDE'h]co 95928 BRANcH NAME Chico Courthouse PLAINTIFF/PETITloNER: Xochitl Meza oEFENOANT(RESPoNDENT: Walmart Inc. (Check one): ~ CASE MANAGEMENT STATEMENT UNLIMITED CASE (Amount demanded ~ LIMITED CASE (Amount demanded is $ 25,000 CASE NUMBER. 21CVQ0598 exceeds $ 25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 8, 2021 Time: 10:30 AM Dept.: TBD Div.: Room; Address of court (if different from the address above): ~x Notice of Intent to Appear by Telephone, by fnaree: Plaintiffs Counsel INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. a. b. ~ Party or parties (answer one): ~ This statement is submitted by party (name): Xochitl This statement is submitted jointly by parties (names): Meza 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. b. ~ The complaint was filed on (date): March The cross-complaint, if 15, 2021 any, was filed on (date): 3. Service be answered by plaintiffs and cross-complainants only) I'to a. b. ~ ~x All (1) parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. ~ The following parties named in the complaint or cross-complaint have not been served (specify names and explain why not): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature ofinvolvementin case, and date by which they may be served): 4. Description of case Type of case in Plaintiffs ~x complaint ~ cross-complaint (Describe, including causes of action): complaint seeks compensatory damages for bodily injuries she suffered during an incident at one of defendant's retail locations. Pa ef of5 Form Adopted for Mandatory Use CalRules of Court. Judicial Council of California CM-110 [Rev. July 1. 2011] rules 3 720-3 730 www.courts ca.gov (SLY(divot'iSItt sf trtdmd(dd Cd(i fOnnin Jtriki Oi df CrJtmr'i I f'Otanr CM-110 PLAINTIFF/PETITIONER; Xochitl Meza CASE NUMBER: DEFENDANT/RESPONDENT: Walmart Inc. 21CV00598 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 reliefis sought, describe the nature ot the relief) See Attachment 4b (lf 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 requesting ajury trial): ~ a jury trialMx a nonjury trial. (If more than one party, provide the name of each party 6. a. b. ~ Trial date ~x The trial has been set for (date): 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. (specify dates and explain reasons I'r unavailability): Dates on which parties or attorneys will not be available for trial Due to other trials and arbitrations, plaintiff's counsel will be unavailable on the following dates: 3/15 — 4/6/22„5/l 6— 5/25/22; 6/20/ — 6/3 0/22. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. b. ~ ~x days (specify number): 2 hours {short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial a. Attorney: ~x by the attorney or party listed in the caption~ by the following: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address; Party represented: g. Additional representation is described in Attachment 8. 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 court and community programs in this case. {1) For parties represented by counsel: in rule 3.221 Counsel 222 has ~ has not to the client and reviewed ADR options with the client. provided the ADR information package identified {2) For self-represented parties:Party ~ has ~ has not reviewed the ADR information package identified in rule 3.221. b. {1) ~ Referral to judicial arbitration or civil action mediation {if available). 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 statutory limit. Procedure section 1775.3 because the amount in controversy does not exceed the {2) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Procedure section 1141.11. ~ Civil {3) 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): Claimed damages exceed $ 50,000.00. CM-110 [Rev July 1. 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 /CSS/SrVCCeiStl]rc] ututnrrtC'C/ Culi/r] t nirr,/nrt'iuiui COrrnurl Farms PLAINTIFF/PETITIONER: CASE Xochjt] Meza NUMBER'1CV00598 EFENDANT/RESPONDENT: 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 participatedin (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'AOR processes (check all that apply): stipulation): ~x Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev July 2011I 1 Page3 of 6 CASE MANAGEMENT STATEMENT nevis!Vcvis'3x'ofomafcnl Cali fofvno Jnai'oicfi C onnoil Forms PLAINTIFF/PETITIQNER: Xochitl Meza CASE NUMBER; DEFENDANT/REsPQNDENT: Walmart Inc. 21CV00598 11. a. ~ Insurance Insurance carrier, if any, for party filing this statement (name): W W b. c. ~Reservation of rights: Yes No 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. Status: Bankruptcy M Other (specify): ~ 13. Related cases, consolidation, and coordination There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: b. ~ M (4) Status: Additional A motion to cases are described M in consolidate ~ Attachment 13a. coordinate willbe filed by (name party): 14. ~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 reasons): ~ 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Standard motions in limine. 16. a. b. ~ Discovery ~ The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): ~ara/ ~oesctitiott Date Plaintiff Party/Witness Depositions December 2021 Plaintiff Written Discovery February 2022 P lainti ff Expert Discovery Per CCP II2034 ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev July 1, 2011[ Page @of 5 .4 too mofi'd Co/i fonni a t''ttu Le ti ytvot'i Jut/i ot'a/ C'0 unoi / For ma PLAINTIFF/PETITloNER: Xochitl Meza CASE NUMBER'1CV00598 DEFENDANT/REsPoNDENT: Walmart inc. 17. a, ~ Economic litigation This is a limited civil case li.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures inCode b. ~ of Civil Procedure sections 90-98 will apply to this case. 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 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. a.~ Meet and confer 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 (speci fy): 20. Total number of pages attached (if any): Iam 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: August 20, 2021 Barrick Arnold (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) ~ (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 I eyi i.Veri e50,4nfafna)ed Cali fOrni a,lna'iai al COIOf C il 1Onny Attachment 4b On February 23rd, 2020, the plaintiff was shopping at defendant's Chico location, and preparing to leave the store after she had used the restroom. On her way out, she encountered one of defendant's employees, who was using a pallet jack to move a number of large boxes; when that person was passing plaintiff, they made an abrupt turning movement with the pallet jack, which caused several of the boxes to fall onto the plaintiff. Plaintiff s complaint alleges that the employee's negligence in operating the pallet jack was the actual and proximate cause of the incident, and that she suffered bodily injuries and other damages as a result. The complaint also alleges that the person operating the pallet jack was in the course and scope of their employment with defendant WALMART, INC., at the time of the incident. Plaintiff suffered various soft tissues injuries, and has since undergone a knee surgery. Current medical expenses are approximately $ 65,000.00, and the plaintiff estimates that future medical expense will be in excess of $ 50,000.00, as she now needs another knee surgery.