Preview
CM-110
AfiORNEY 0R PARTY wrrHOUT ATrORNEY (Name, and mus).-
State Bar number, Fon counr use ONLY
Richard H. Dalrymple, III, 197839
LAW OFFICES OF LARRY S . BUCKLEY ElEctrunically
1660 Humboldt Road, Suite 5
Supamr MSan
Court cfiallfarmafinunry lumen-
Chico I Cal i fornia 9 5 92 8 h1-
mepnoueuo; (530) 343-3695 FAx~0_(oM.- (530) 343—3110 0“ 10/22/2019
EMAIL Aonaessmpaonal): By £5! fli Shafl Lg
DaVid
ArrORNEY FOR (Name).- Cardinal MP“? Chi
SUPERIOR COURT OF CALIFORNIA, COUNTY OF san Mateo
STREETADDRESS: 400 County Center
MAILINGADDRESS:
CITYANDZIPCODE: Redwood City, CA 94063
BRANCHNAME: Civil Division
PLAINTIFF/PETITIONER: David Cardinal
DEFENDANT/RESPONDENT: Catalyst Reaction Tuning, LLC;
James Williams
CASE MANAGEMENT STATEMENT CAsE NUMBER;
(Check one): m UNLIMITED CASE
(Amount demanded
D LIMITED CASE
(Amount demanded is$25,000
1 9—CIV— 0 4 0 7 7
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 15 , 2Ol9 Time: 9: 00 a .m. Dept.: ll Div.: Room:
Address of court from the address above):
(if different
m Notice of Intent to Appear by Telephone, by (name): Richard H . Dalrymple , III
INSTRUCTIONS: Allapplicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a.
b.
m
D
This statement
This statement
is
is
submitted by party (name): Plainti
submitted jointly by parties (names):
ff David Cardinal
2. Complaint and cross-com plaint (to be answered by plaintifis and cmss-complainants only)
a. The complaint was filed on (date): July l7 , 2019
b. D The cross-complaint, if any, was filed on (date):
3. Service (tobe answered by plaintiffs and cmss-complainants only)
a.
b.
m
D
named in the complaint and cross-complaint have been served, have appeared. or have been dismissed.
All parties
The followingparties named inthe 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 may be added
following additional parties
they may be served):
(specify names, nature of involvement in case, and the date by which
4. Description of case
a. Type of case
General
in m
negligence.
complaint D cross-complaint (Describe, includingcauses of action):
Page1 of 5
Formdida
wagraMwatl
“Cahggnlllase CASE MANAGEMENT STATEMENT Carll-‘gnggogygo
CM—110 (Rev.
July
1.2011] www.courtsmgov
Cardinal, David
CM-110
PLAINTIFF/PETITIONERZDaVid Cardinal CASENUMBER:
19-CIV-04077
DEFENDANT/RESPONDENT:Catalyst Reaction Tuning, LLC
James Williams
4. b. Provide a brief statement of the case.includingany damages. (prersonal injury damages are sought, specify the injuryand
damages claimed, including medical expenses to date flndicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost eamings.lfequitable reliefis sought,describe the nature ofthe relief.)
Defendants failed to tighten the handlebar bolts on Plaintiff's motorcycle resulting in the
mmmmmfimmmmmmwmmmWMmMMfimmmmm
including, but not limited to, a left femur fracture requiring surgery and injuries to his left
hand and fingers. Plaintiff's past medical expenses are over $200,000.00. Discovery is continuing
D (lfmorespaceisneeded, checkthisboxandattachapagedesignatedasAttachment4b.) as to future medical expenses
and past and future lost
5. Juryornonjurytrial wages.
Thepartyorpartiesrequest m ajurytrial
D anonjurytrial. (Ifmorethanonepany,providethenameofeachparty
requestingajurytrial):
6. Trialdate
a.
D The trialhas been setfor (date):
b.
m No trialdate has been set. This case willbe readyfor within
trial 12 months ofthe date of the filing ofthe complaint (if
not,explain):
c. Dates on which parties or attorneys willnot be available for (specify dates
trial and explain reasons forunavailability):
12/09/19; 01/14/20; 02/18/20; 03/02/20; 03/16/20; 03/23/20; 05/04/20;
05/18/20; 06/01/20; 06/08/20; 06/15/20; 06/29/20; 07/13/20; 07/20/20;
08/03/20; 08/17/20; 08/24/20; 08/31/20; 09/21/20; 09/22/20; 03/04/21
-
7. Estimatedlengthotmal due to other trials.
The party or parties estimate that the will
trial take (checkone):
a.
m days(specifynumber): 2-3
b.
D hours (shortcauses) (specify):
8. Trial representation (tobe answered foreach party)
The partyorparties willbe represented attrial
m bythe attomeyor party listedinthe caption
D bythefollowing:
a. Attorney:
b. Firm:
c. Address:
d. Telephonenumber: f. Faxnumber:
e. E-mailaddress: g. Panyrepresented:
U Additionalrepresentation isdescribed in Attachment 8.
9. Preference
D This case isentitledto preference (specify code section):
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that ADR
different processes are available in and communities; read
different courts
theADR information package provided by the court under rule 3.221 for informationabout the processes available through the
mun and community programs inthiscase.
(1) Forpaniesrepresentedbycounsel:Counsel mhas DhasnotprovidedtheADRinformationpackageidentified
inrule 3.221to the clientand reviewed ADR options with the client.
(2) ForseIf-representedpanieszParty Dhas DhasnotreviewedtheADRinformationpackageidentifiedinrule3.221.
b. Referral to judicial arbitration or civil action mediation(ifavailable).
(1) D This matter issubject to mandatoryjudicial arbitration under Code Procedure section 1141
of Civil .11 or to action
civil
mediation under of Code Procedure section 1775.3 because the amount
of Civil incontroversy does not exceed the
statutorylimit.
(2) D Plaintiff elects case
to refer this and agrees
to judicial arbitration to recovery to the amount specified
limit inCode of
CivilProcedure section 1141.11.
(3) D This case is exempt from judicial under
arbitration rule 3.811of the CaliforniaRules of Court orfrom action
civil
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
cwwIRev.JuIy1.2om CASEMANAGEMENTSTATEMENT Pagan”
'Essenfld
C
«hm EM? Cardinal, David
CM410
PLAINTIFF/PETITIONERIDaVid Cardinal
_ CASE NUMBER:
l9-CIV-04077
DEFENDANT/RESPONDENT:Catalyst Reaction Tuning, LLC
James Williams
10. c. Indicate the ADR process or processes that the party or parties arewilling to
participate in.have agreed toparticipatein,or
have already participated in {check allthat applyand provide the specified information):
The patty or parties completing Ifthe party or parties completing this form
inthe case have agreed to
thisformarewillingto have already completed an
participate in or ADR process or processes,
participate inthe followingADR indicate the status of the
processes (attach a copy of the parties'ADR
processes (check allthatapply): stipulation):
m Mediation session not yet scheduled
(1)Mediation
m U Mediation session scheduled for (date):
D Agreed tocomplete mediation by (date):
U Mediation completed on (date):
m Settlement conference not yet scheduled
(2) Settlement
D Settlement conference scheduled for (date):
conference
D Agreed to complete settlement conference by (date):
U Settlement conference completed on (date):
D Neutralevaluation not yet scheduled
(3) Neutralevaluation
D U Neutral evaluationscheduled for (date):
D Agreed to complete neutral evaluation by (date):
D Neutral evaluation completed on (date):
D Judicial arbitration
not yet scheduled
(4) Nonbindingjudicial
D D Judicial arbitration
scheduled for (date):
arbitration
D Agreed to completejudicial arbitrationby (date):
U Judicial arbitration
completed on (date):
D Private arbitrationnot yet scheduled
(5)Binding private
D D Private arbitration
scheduled for (date):
arbitration
D Agreed to complete private arbitrationby (date):
D Private arbitration
completed on (date):
D ADR session not yet scheduled
(6)0ther(specify):
D D ADR session scheduled for (date):
D Agreed tocomplete ADR session by (date):
D ADR completed on (date):
CMHMMHthHI CASEMANAGEMENTSTATEMENT Pwnas
'Essentia
Cardinal, David
CM-110
_ PLAINTIFF/PEmIONEazDavid Cardinal cAsENUMBEn;
19-CIV-04077
DEFENDANT/RESPONDENT: Catalyst Reaction Tuning, LLC;
James Williams
11. Insurance
a.
D Insurance carrier,
ifany, for party filing this statement (name):
b. Reservationofrights:
D Yes D No
c.
D Coverage issues significantly affect resolution
will of thiscase (explain):
12. Jurisdiction
Indicateany matters that may affect the court's jurisdiction
or processing of this case and describe the status.
D Bankruptcy
U Other((specify):
Status:
13. Related cases, consolidation, and coordination
a.
D There are companion, underlying, or related cases.
(1) Nameofcase:
(2) Nameofcoun:
(3) Casenumber:
(4) Status:
D Additionalcases are descn'bed inAttachment 13a.
b.
D Amotionto D consolidate
D coordinate Mllbefiledbymameparty):
14. Bifurcation
D The party or parties
intend to file a motion for an order bifurcating,
severing. or coordinating the followingissues or causes of
action (specifymoving party,type ofmotion, andreasons):
15. Othermotions
m The party or patties expect to file the following
motions before trial(specifymoving party,type ofmotion, and issues):
Usual motions in limine.
16. Discovery
a.
D The party or partieshave completed discovery.
all
b.
m The followingdiscovery willbe completed by the date specified (describe allanticipated discovery):
M MM flat;
Plaintiff Written Discovery Per Code
Plaintiff Party/Witness Depositions Per Code
Plaintiff Expert Depositions Per Code
c.
D The following discovery issues,including issues regarding the discovery of electronically stored information, are
anticipated(specify):
cwwtkevvJuIynzmn CASEMANAGEMENTSTATEMENT MM”
Cardinal, David
CM-110
PLAINTIFF/PETITIONER: David Cardinal meuumsm
19-CIV-04077
DEFENDANTIRESPONDENT: Catalyst Reaction Tuning, LLC;
James Williams
17. Economiclitigation
a.
D This is a case
limited civil the
(i.e., amount demanded is$25,000 or less) and the economic procedures
litigation in Code
of Civil Procedure sections 9098 willapply to this case.
b.
D This is alimited case and a motion to withdraw the case from the
civil
economic procedures or
litigation for additional
discovery willbe filed (ifchecked, explain specifically why economic procedures relating
litigation to discovery ortn'al
should not apply to this case):
18. Otherissues
D The party or parties requestthatthe following additionalmatters be considered or determined atthe case management
conference {specify}:
19. Meetandconfer
a.
D The party or partieshave met and conferred with allparties on allsubjects required by rule 3.724 of the California Rules of
Court {ifnot explain):
b. Afler meeting and conferring as required rule3.724 of the California Rules of Conn. the parties agree on
by the following
(specify):
20.
am
Totalnumberofpagesattached(ifany):
completely familiar with this case and
l__
l
willbe fullyprepared to discuss the status of discovery and alternative dispute
resolution,
as well as oiher issues raised by1his statement. and willpossess the authon‘tyto enter on these issues
into stipulations at thetime of
the case management conference, including the written authority of the party
where required.
Date: October 22, 2019
(TYPEORPRMNME)
(TYPE ORPRlNT NAME)
(SIGNATUREOFPARTYORATFORNEY)
D Additional signatures are attached.
cu-uotaevJuwmu
CASEMANAGEMENTSTATEMENT W0”
,
E H
9% Elm
Cardinal, David
Re: Cardinal v. CatalystReaction Tuning, LLC, elal.
Case No. 19-CIV-04077
PROOF 0F SERVICE
1am employed inthe County 0f Butte, State of Californi
a. Iamoverthe age of 18 andnot
gpsrtytothewithinaction. Mybusincssaddxessis 1660Humb01dtRo
ad,SuiteS, Chico, California
5 28.
0n this date, I served the foregoing document
(s):
PLAINTIFF’S CASE MANAGEMENT STATEMENT
on the partyfies) identified below, addresse
d as follows:
Catalyst Reaction Tuning, LLC
James Williams
870 Bransten Road
San Carlos,CA94070
The following is the manner in which service of the document(s) was effected:
_X_ First Class Mail (Iam familiar with
my firm’s practice for collectin
g and
processing correspondence for mailing
with the United States Post Service. Inthe
ordinary course of business, correspondence
is deposited with the United States
Postal Service on the same day such correspondence is collected. Iplaced atrue
and correct copy of the document(s) listed above in a sealed envelope addressed
as shown above with postage thereon fully prepaid for collection and mailing on
this date, following ordinary business practices
.)
__ OvernightExpressService(Bydepositin
gahueandcorrectcopyofthe
document(s) listed above in asealed envelope or package addresse
d as shown
17 above with delivery fees paid in a box regularly
maintained by Federal Express for
overnight delivery.)
18
19
_ FacsimileTransmission(Byuseoffacsim
343-3 1 10, I served atrue
ilemachinetelephonenumber(530)
and correct copy of the document(s) listed above on the
addressee and facsimile number shown above by transmitting via facsimile
20 machine on this date before 5:00 pm.)
21 _ PersonalServioe (Bypersonallydeliveringa
documents(s) listed above ina sealed envelope to the
trueandcorrectcopyofthe
addressee shown above.)
22
[declare under penalty ofperjury under the
law ofthe State of California that the foregoing
23 istrue and correct.
24 Executed on October 22, 2019, at Chico, California.
25
26 éuziePatterson
27
28