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  • Joni Nunes vs Vantage Transports, Inc. et al. Unlimited Civil PI/PD/WD (Other) document preview
  • Joni Nunes vs Vantage Transports, Inc. et al. Unlimited Civil PI/PD/WD (Other) document preview
  • Joni Nunes vs Vantage Transports, Inc. et al. Unlimited Civil PI/PD/WD (Other) document preview
  • Joni Nunes vs Vantage Transports, Inc. et al. Unlimited Civil PI/PD/WD (Other) document preview
  • Joni Nunes vs Vantage Transports, Inc. et al. Unlimited Civil PI/PD/WD (Other) document preview
  • Joni Nunes vs Vantage Transports, Inc. et al. Unlimited Civil PI/PD/WD (Other) document preview
  • Joni Nunes vs Vantage Transports, Inc. et al. Unlimited Civil PI/PD/WD (Other) document preview
  • Joni Nunes vs Vantage Transports, Inc. et al. Unlimited Civil PI/PD/WD (Other) document preview
						
                                

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: oe, . . Ue : st 2. CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Stephen B. Heath, 237622;Steven W. Yuen,230768;Matthew J. Kracht, 249076 . F { L E D Heath & Yuen, APC on . 268 Bush Street, #3006, San Francisco, California 94104 2017 NOV.20 PH a 15 sevepHone no: (415) 622-7004 FAXNO. (toa): (415) 373-3957 sROSA ci E-MAIL ADDRESS (Optonay: Sheath@heathandyuen.com; syuen@heathandyuen.com JYNQUENRE, CLERK ATTORNEY FCR (Name): Defendant Bestcare Express, Inc. dba Vantage Transports By ZL, Jf f ‘SUPERIOR GOURT OF CALIFORNIA, COUNTY OF San Joaquin street aporess. 222 E. Weber Avenue MAILING ADORESS: cary AND ZIP CODE: Stockton, CA 95202 BRANCH NAME: PLAINTIFF/PETITIONER: Joni Nunes. DEFENDANT/RESPONDENT: Vantage Transports, Inc., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): CZ] UNLIMITED CASE [-) ciwrep case STK-CV-UPI-2017-0002120 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 12, 2017 Time: 8:45 am Dept: 10C Div. Room: Address of court (if different from the address above): (Z] Notice of Intent to Appear by Telephone, by (name): Matthew J. Kracht INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): This statement is submitted by party (name): Bestcare Express, Inc. dba Vantage Transports b. [1 This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. L] The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. (7) al parties named in the complaint and crass-complaint have been served, have appeared, or have been dismissed. b. [--] The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (2) [1 have been served but have not appeared and have not been dismissed (specify names): (3) [1 have had a default entered against them (specify names): [1 The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Deseription of case . a. Type of case in complaint (1 cross-complaint (Describe, inciuding causes of action): Plaintiff alleges a single cause of action for negligence against defendants. Page tof & For ere oS aia CASE MANAGEMENT STATEMENT Oa, Res eta OM-110 [Rev. July 4, 2011] res 3720-8 730cm-t10! PLAINTIFF/PETITIONER: Joni Nunes CASE NUMBER: STK-CV-UPI-2017-0002120 DEFENDANT/RESPONDENT: Vantage Transports, Inc., 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, fost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff Joni Nunes alleges that on June 8, 2016, when she was picked up for medical transport, she suffered personal injuries by a sharp metal object within Defendant's vehicle. Plaintiff seeks damages of past and future medical and/or ancillary related expenses, past and future income and/or earning capacity loss, loss of ability to provide household service and incidental and consequential damages and/or property damage and loss of use. [1 (fmore 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 a jury trial): [2 ajury trial 7) anonjurytrial. (if more than one party, provide the name of each party! 6. Trial date a. [_] The trial has been set for (date): b. LZ] no tral 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): Trial: 12/4/17; 1/16/18; 1/22/18; 4/2/18; 4/16/18; 4/17/18; 4/30/18; 5/7/18; 6/4/18; 6/11/18; 6/19/18; 7/9/18; 8/20/18; 9/4/18; 9/24/18; 10/3/18; 10/15/18; 10/29/18; 11/5/18; 12/24/18, 3/8/19 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [4] days (specify number): 5-7 days b. [1] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [__] by the attorney or party listed in the caption [[7_] by the following: a, Attorney: Stephen B. Heath, Steven W. Yuen, and Matthew J. Kracht b. Firm: Heath & Yuen, APC c. Address: 268 Bush Street, #3006, San Francisco, California 94104 d. Telephone number: 415-622-7004 f. Fax number: 415-373-3957 e._ E-mail address: sheath@heathandyuen.com g. Party represented: Bestcare Express, inc. [1 Additional representation is described in Attachment 8. 9. 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 [1 thas [21 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 [—] has [_] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [1] 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 Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) [) 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. (3) [] 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): ‘CHEATO RaW Jay 2011] CASE MANAGEMENT STATEMENT Page ZarCM-140 PLAINTIFF/PETITIONER: Joni Nunes [CASE NUMBER: co STK-CV-UPI-2017-0002120 JEFENDANT/RESPONDENT: Vantage Transports, Inc., et al. 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 participated in (check ail 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): [41 Mediation session not yet scheduled ‘ mw [1 Mediation session scheduled for (date): (1) Mediation [1 Agreed to complete mediation by (data): [©] Mediation completed on (date): [Z1 settlement conference not yet scheduled (2) Settlement ta [£1 Settlement conference scheduled for (date): ' conference cH Agreed to complete settlement conference by (date): [1 Settlement conference completed on (date): [£1 Neutral evatuation not yet scheduled . Oo [1 Neutral evaluation scheduled for (date): (8) Neutral evaluation [1 Agreed to complete neutral evaluation by (date): T=) Neutral evaluation completed on (date): [1 Judicial arbitration not yet scheduled (4) Nonbinding judicial oO [1 Judicial arbitration scheduled for (date): arbitration Co Agreed to complete judicial arbitration by (date): [1 Judicial arbitration completed on (date): [1 Private arbitration not yet scheduled (5) Binding private oO [1] Private arbitration scheduled for (date): ' arbitration Oo Agreed to complete private arbitration by (date): [1 Private arbitration completed on (date): [1 apr session not yet scheduled oOo [1 ADR session scheduted for (date): (6) Other (specify): [1 Agreed to complete ADR session by (date): [1 Apr completed on (date): (CM-110 (Rev. July 1, 2011) Page 30f5 CASE MANAGEMENT STATEMENTCM-110! PLAINTIFF/PETITIONER: Joni Nunes CASE NUMBER: STK-CV-UPI-2017-0002120 DEFENDANT/RESPONDENT: Vantage Transports, Inc., et al. 411. Insurance Insurance carrier, if any, for party filing this statement (name): Gateway Insurance Company dba Alano Insurance b. Reservation of rights) [7] Yes [_] No c. [_] 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. 1 ([ Bankruptey [=] other (specify): Status: 13. 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: [1 Additional cases are described in Attachment 13a. b. [_JAmotionto [] consolidate [[] coordinate will be filed by (name panty): 14. Bifurcation CO 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 [4] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): All pre-trial motions and motions in fimine are reserved, motion for summary judgment 16. Discovery a. L_] The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): ‘ Party Description Date All Parties Depositions TBD All Parties Written Discovery TBD All Parties Expert Discovery Per CCP c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are : anticipated (specify): TO Rew. aly 8.2083 CASE MANAGEMENT STATEMENT Page orCM-110 PLAINTIFF/PETITIONER: Joni Nunes ‘CASE NUMBER: ln STK-CV-UPI-2017-0002120 DEFENDANT/RESPONDENT: Vantage Transports, Inc., 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 (J 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 patty 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): 20. Total number of pages attached (if any): 0 lam completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative 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: November 8, 2017 Matthew J. Kracht > ‘OR. (TYPE OR PRINT NAME) NATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [1 Additional signatures are attached. 10 Ro. hy 1, 2011] CASE MANAGEMENT STATEMENT Page sotpo mY DA Pw YN bY PMY YR NR wD Ye Be Be se Be se Se Be ee oN A AW ee YW NY SBS OD ODO Oe KD DH NH FF WY NY | BS CERTIFICATE OF SERVICE I, Wendy H. Yang, declare: At the time of service I was over 18 years of age, and not a party to this action. My business mailing address is 268 Bush Street, #3006, San Francisco, California 94104. On November 15, 2017, I served the following document(s) on the parties in the within action: CASE MANAGEMENT STATEMENT BY MAIL: I enclosed the documents in a sealed envelope or package addressed to the |' persons at the addresses listed below, and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice X | for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. BY OVERNIGHT SERVICE: I enclosed the document(s) in an envelope or package, and addressed to the persons listed below. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. Robert A. Carichoff Attorneys For Plaintiff Daniel R. Del Rio JONI NUNES DEL RIO & CARICHOFF, P.C. 2335 American River Drive, Suite 304 Sacramento, CA 95825 Phone (916) 378-4705 | Fax (916) 378-4706 robert@delriocarichoff.com daniel @delrigcarichoff.com I declare under penalty of perjury under the laws of the State of California the foregoing is a true - and correct statement, and this certificate was executed on Noygmber 15,2017. By a Wendy H/Yang -l- CERTIFICATE OF SERVICE