Preview
CM-110
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): ‘FOR COURT USE ONLY
Joseph W. Campbell (SBN 53263); Elizabeth B. Moreno (SBN 242698)
‘The Research Park, 1301 Marina Village Pkwy., Suite 330
Alameda, CA 94501
TELEPHONE No.: 510-865-5409 FAX NO. (Optional): 540-865-5410
E-MAIL ADDRESS (Optional
ATTORNEY FOR (Name): Erik Gonzalez Moreno, Genaro Fernandez, et al., Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street appress: 191 N. First Street
MAILING ADDRESS:
CITY AND zIP CODE: San Jose 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Erika Gonzalez Moreno, Genaro Fernandez, et al.
DEFENDANT/RESPONDENT: Kulvir Singh, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [) Limitep case 21CV384900
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: November 9, 2021 Time: 1:30 p.m. Dept.: 2 Div.: Room:
Address of court (if different from the address above):
Notice of Intentto Appear by Telephone, by (name): Elizabeth B. Moreno
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): Martin Zuniga, Aixa Zuniga (minor), Plaintiffs
This statement is submitted jointly by parties (names): Erika Gonzalez Moreno, Genaro Fernandez,
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date): 6/30/21
b. [-] The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a. C_] all parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [1] The following parties named in the complaint or cross-complaint
(1) [21 have not been served (specify names and explain why not):
Kulvir Singh-the Court has not signed the Guardian ad Litem Order and no Summons issued
(2) [1 have been served but have not appeared and have not been dismissed (specify names):
(3) [J have had a default entered against them (specify names):
Cc. [=] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Description of case
a. Type of case in complaint CI cross-complaint (Describe, including causes of action):
Personal Injury/Motor Vehicle
Page 4 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Call Rules of Court,
judicial Council of California rules 3.720-3.730
‘CM-110 [Rev. July 1, 2011] wiww.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: Erika Gonzalez Moreno, Genaro Fernandez, et al. ‘CASE NUMBER:
21CV384900
DEFENDANT/RESPONDENT: Kulvir Singh, et al.
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
eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
SEE ATTACHED
(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 ajurytial Cla nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. (__] 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. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
The undersigned is currently scheduled to appear at various other trials as follows: 2/7/22; 6/21/22; 5/8/23;
6/2/23
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 3-5
» CI hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [21 by the attorney or party listed in the caption [] 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.
Preference
[1 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: Counsel [71 has [1 has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party 1] has [_] has not reviewed the ADR information package identified in rule 3.221.
b. 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 ‘ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
@ C4 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.
@ 4 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Damages exceed $50,000.00.
‘CM-170 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 20f 5
CM-110
PLAINTIFF/PETITIONER: Erika Gonzalez Moreno, Genaro Fernandez, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Kulvir Singh, et al.
21CV384900
10. ¢. 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):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation m4
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
(6) 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. July1, 2014] Page 3.of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: Erika Gonzalez Moreno, Genaro Fernandez, et al.
21CV384900
DEFENDANT/RESPONDENT: Kulvir Singh, et al.
11. Insurance
a. [] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [7 Yes No
c. C4 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.
[] Bankruptcy [7] other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [1] 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 13a.
b. [1 Amotion to [) consolidate CJ coordinate will be filed by (name party):
14, Bifurcation
[J 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):
Motions in Limine
16. Discovery
a. [__] The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptio Date
Plaintiffs Deposition of defendants TBD
Plaintiffs Basic discovery TBD
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER: Erika Gonzalez Moreno, Genaro Fernandez, et al. CASE NUMBER:
|—
21CV384900
DEFENDANT/RESPONDENT: Kulvir Singh, et al.
17. Economic litigation
a. [] 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 90-98 will apply to this case.
b. [_] 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. 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):
The Court has not yet issued the Order approving Application for Guardian ad Litem, Notice of Case
Management Conference or Civil Lawsuit Notice so we therefore are unable to serve the Complaint, etc.
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
Plaintiff is amenable to mediation once basic discovery is completed.
20, Total number of pages attached (if any): 4
1am 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: October 18, 2021
Elizabeth B. Moreno >t
(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, 2014] CASE MANAGEMENT STATEMENT Page 6 of
Erika Gonzalez Moreno, Genaro Fernandez, et al. v. Kulvir Singh, et al.
Santa Clara County Superior Court Case No. 21CV384900
Attachment 4(b) to Plaintiffs’ CMC Statement
On August 3, 2019, Plaintiffs Genaro Fernandez and his three passengers Erika Gonzales
Moreno, Martin Zuniga and Aixa Zuniga (a minor), were involved in a motor vehicle collision
caused by Defendant Singh in Morgan Hill CA. The airbags deployed and Plaintiffs’ vehicle was
deemed a total loss. As a result of the collision, Plaintiffs suffered injuries and they sought
treatment. Plaintiffs are seeking compensation for general and special damages. General
damages will be proven at trial.
Preview
CM-110 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): ‘FOR COURT USE ONLY Joseph W. Campbell (SBN 53263); Elizabeth B. Moreno (SBN 242698) ‘The Research Park, 1301 Marina Village Pkwy., Suite 330 Alameda, CA 94501 TELEPHONE No.: 510-865-5409 FAX NO. (Optional): 540-865-5410 E-MAIL ADDRESS (Optional ATTORNEY FOR (Name): Erik Gonzalez Moreno, Genaro Fernandez, et al., Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA street appress: 191 N. First Street MAILING ADDRESS: CITY AND zIP CODE: San Jose 95113 BRANCH NAME: PLAINTIFF/PETITIONER: Erika Gonzalez Moreno, Genaro Fernandez, et al. DEFENDANT/RESPONDENT: Kulvir Singh, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [) Limitep case 21CV384900 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 9, 2021 Time: 1:30 p.m. Dept.: 2 Div.: Room: Address of court (if different from the address above): Notice of Intentto Appear by Telephone, by (name): Elizabeth B. Moreno 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): Martin Zuniga, Aixa Zuniga (minor), Plaintiffs This statement is submitted jointly by parties (names): Erika Gonzalez Moreno, Genaro Fernandez, Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): 6/30/21 b. [-] The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a. C_] all parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [1] The following parties named in the complaint or cross-complaint (1) [21 have not been served (specify names and explain why not): Kulvir Singh-the Court has not signed the Guardian ad Litem Order and no Summons issued (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [J have had a default entered against them (specify names): Cc. [=] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Description of case a. Type of case in complaint CI cross-complaint (Describe, including causes of action): Personal Injury/Motor Vehicle Page 4 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Call Rules of Court, judicial Council of California rules 3.720-3.730 ‘CM-110 [Rev. July 1, 2011] wiww.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Erika Gonzalez Moreno, Genaro Fernandez, et al. ‘CASE NUMBER: 21CV384900 DEFENDANT/RESPONDENT: Kulvir Singh, et al. 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 eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) SEE ATTACHED (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 ajurytial Cla nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. (__] 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. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): The undersigned is currently scheduled to appear at various other trials as follows: 2/7/22; 6/21/22; 5/8/23; 6/2/23 Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3-5 » CI hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [21 by the attorney or party listed in the caption [] 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. Preference [1 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: Counsel [71 has [1 has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party 1] has [_] has not reviewed the ADR information package identified in rule 3.221. b. 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 ‘ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. @ C4 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. @ 4 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Damages exceed $50,000.00. ‘CM-170 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 20f 5 CM-110 PLAINTIFF/PETITIONER: Erika Gonzalez Moreno, Genaro Fernandez, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Kulvir Singh, et al. 21CV384900 10. ¢. 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation m4 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 (6) 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. July1, 2014] Page 3.of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Erika Gonzalez Moreno, Genaro Fernandez, et al. 21CV384900 DEFENDANT/RESPONDENT: Kulvir Singh, et al. 11. Insurance a. [] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [7 Yes No c. C4 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. [] Bankruptcy [7] other (specify): Status: 13. Related cases, consolidation, and coordination a. [1] 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 13a. b. [1 Amotion to [) consolidate CJ coordinate will be filed by (name party): 14, Bifurcation [J 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): Motions in Limine 16. Discovery a. [__] The party or parties have completed all discovery. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptio Date Plaintiffs Deposition of defendants TBD Plaintiffs Basic discovery TBD c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Erika Gonzalez Moreno, Genaro Fernandez, et al. CASE NUMBER: |— 21CV384900 DEFENDANT/RESPONDENT: Kulvir Singh, et al. 17. Economic litigation a. [] 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 90-98 will apply to this case. b. [_] 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. 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): The Court has not yet issued the Order approving Application for Guardian ad Litem, Notice of Case Management Conference or Civil Lawsuit Notice so we therefore are unable to serve the Complaint, etc. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): Plaintiff is amenable to mediation once basic discovery is completed. 20, Total number of pages attached (if any): 4 1am 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: October 18, 2021 Elizabeth B. Moreno >t (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, 2014] CASE MANAGEMENT STATEMENT Page 6 of Erika Gonzalez Moreno, Genaro Fernandez, et al. v. Kulvir Singh, et al. Santa Clara County Superior Court Case No. 21CV384900 Attachment 4(b) to Plaintiffs’ CMC Statement On August 3, 2019, Plaintiffs Genaro Fernandez and his three passengers Erika Gonzales Moreno, Martin Zuniga and Aixa Zuniga (a minor), were involved in a motor vehicle collision caused by Defendant Singh in Morgan Hill CA. The airbags deployed and Plaintiffs’ vehicle was deemed a total loss. As a result of the collision, Plaintiffs suffered injuries and they sought treatment. Plaintiffs are seeking compensation for general and special damages. General damages will be proven at trial.