On June 20, 2001 a
Order
was filed
involving a dispute between
Chester Jason, Jr.,
and
Clifford K. Mau,
Collins & Mau,Llp,
for Unlimited Civil
in the District Court of Alameda County.
Preview
191
FILED
ALAMEDA COUNTY
DEC 27 2002
SUPERIOR COURT OF CALIFORNIA, by Be SUMS. Base, tek
COUNTY OF ALAMEDA v
neste Jason, Jr. Casenumber C-842396-6
vs.
Cliffornd K. Mau, etal.
Defendant
ORDER re: CASE MANAGEMENT
[-] & TRIAL SETTING ORDER WITH NOTICE OF TRIAL
[] & ORDER TO SHOW CAUSE
THE COURT HAS ORDERED THE FOLLOWING:
At the conclusion of a judicially supervised Case Management Conference.
|] After review of the case, including timely filedCase Management Statements, without a
conference,
Compliance with the paragraphs (1)through (16) below is required if such paragraph ismarked
with an “X” in the space provided.
FURTHER CASE MANAGEMENT CONFERENCE
DX 1. A further Case Management Conference isscheduled for 1/27/2003 at 8:45 AM in Dept. 105.
[J 2. The Case Management Conference currently scheduled for is VACATED and
[-Jadvanced [_] continued to at in Dept.
IX]3. Updated Case Management Statements in compliance with CRC 212 and Alameda County Local
Rules, Chapter 4, on Judicial Council Form CM-110, must be filed no later than 1/12/2003. Ifthe
foregoing date is a court holiday or a weekend, the time isextended to the next business day.
DX]4. All unserved parties must be served with summons/complaint/cross-complaint, a copy of this
order, and proof of service filedwith the court.
"
Parties must timely file:
[_]a. any demurrers, or similar motions challenging the pleadings,
[-]b. Other:
so that adjudication ofmotions shall occur before
[_] Updated Case Management Statements are due.
[_] Mandatory Settlement Conference Statements are due.
The following discovery must be completed before updated Case Management Statements are
due:
[| Medical examination(s) of parties [_] and deposition of doctor
[-] All non-expert depositions
[_] All interrogatory and/or document production discovery
[] Disclosure of identities of experts and expert witness depositions (without prejudice to
additional disclosures pursuant toCCP § 2034 prior totrial).
ALTERNATIVE DISPUTE RESOLUTION (ADR)
The case isreferred to [_] Judicial Arbitration [_] Private ADR, said process tobe completed
[] by
[_] before the updated CMC Statements are due and the results thereof to be included in said
Statements, except to the extent precluded by Evidence Code §§ 1115-1128 orby a
confidentiality agreement.
[-] All counsel and self-represented parties who are proceeding to mediation or other form of
ADR requiring the selection of a neutral shall advise the Case Management Judge in
writing no later than of the identity of the neutral selected. Ifthe parties have
failed to so notify the court, counsel and self-represented parties shall appear in Dept.
on at
MANDATORY SETTLEMENT CONFERENCE
A Mandatory Settlement Conference pursuant to CRC 222 isset for inDept. at
. Trial counsel, the parties, claims representatives and allother persons with fullauthority
to settlethe case must personally attend unless the Court has, before the Conference, authorized
telephonic participation upon written application with notice to allother parties and good cause
shown. A Settlement Conference Statement complying with CRC 222 (c)must be filedwith the
court no laterthan and served on all other parties. If the foregoing date isa court holiday
or a weekend, the time isextended to the next business day.
TRIAL SETTING ORDERS
[19. The Court makes the following trial setting orders:
Trial date: at 8:45 AM in Dept.
Estimated length of trial: court days.
The parties are ordered to comply with the Pretrial Orders set forth in Appendix A.
[_] Trial by jury is waived by all parties,the action shall proceed as a court trial.
[_] Jury isdemanded by [] Plaintiff(s) [_] Defendant(s)
[_] Cross-defendant(s)
|] (Specify ifless than allparties to a side)
[-] Jury iswaived by [_] Plaintiff(s) [7] Defendant(s)
[_] Cross-defendant(s)
{_] (Specify ifless than all parties to a side)
[] Jury isreserved by [_] Plaintiff(s) [—] Defendant(s)
[-] Cross-defendant(s)
[_] (Specify ifless than allparties to a side)
. The Trial Date currently scheduled for is VACATED.
|] The case is rescheduled for trialon at 8:45AM inDept.
[| Statutory discovery dates remain in force as a result of the original Trial Setting Order.
{_] This order constitutes a new Trial Setting Order. Discovery is re-opened and governed by the
appropriate statutory provisions.
NOTICES
11. Counsel for [_]Plaintiff(s) [[]Defendant(s) must forthwith serve a copy of this order on all
counsel of record and self-represented parties, and fileproof of service.
12. Clerk isdirected to serve endorsed-filed copies of this order, with proof of service, to counsel and
to self-represented parties ofrecord by & mail [_] fax.
SANCTIONS
[-113. Sanctions: Proof having been made to the satisfaction of the court that has failed to ;
sanctions are ordered as follows:
["] a.Monetary sanctions in the sum of are ordered and are
[_] 1.payable to the clerk of the court within calendar days.
["] 2. stayed pending further order of the court.
[] 3. stayed until the next Case Management Conference.
[_] b. Other sanctions:
[_]c. A copy of this order will be forwarded to the State Bar of California.
P<] 14. Other orders and/or comments:
CJa. and attorney are ordered to appear atthe Case Management Conference scheduled in
Paragraph 1 above. Failure to do so may result in the claim(s) being dismissed or the answer(s)
being stricken.
b. Plaintiff must serve complaint and fileCase Management Statement by date noted in
paragraph 1 above or this case will be dismissed by the court.
fx|15. Any delay in the trial,caused by non-compliance with any order contained herein, shallbe the
subject of sanctions pursuant to CCP 177.
REASSIGNMENT
[-] 16. Good cause having been shown pursuant to Local Rule 4.3 (2),the above-entitled action is
reassigned to
[| Plan 1 []Plan2 []Plan3 [] Plan 4
[-] Exempt [-] Other:
DATED: __ December 19, 2002 \ i chow het
JUDGE OF THE SUPERIOR COURT
Superior Court of California, County of Alameda
Wiley W. Manuel Courthouse
Case Number: C-842396
Case Management Conference Order of 12/18/2002
DECLARATION OF SERVICE BY MAIL
| certify that |am not a party to this cause and that a true and correct copy of the
foregoing document was mailed first class, postage prepaid, in a sealed envelope,
addressed as shown on the foregoing document or on the attached, and that the
mailing of the foregoing and execution of this certificate occurred at
600 Washington Street, Oakland, California.
Executed on 12/31/2002.
Executive Officer / Clerk of the Superior Court
By Pastis Sante Weng
Deputy Clerk .
Document Filed Date
December 18, 2002
Case Filing Date
June 20, 2001
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191 FILED ALAMEDA COUNTY DEC 27 2002 SUPERIOR COURT OF CALIFORNIA, by Be SUMS. Base, tek COUNTY OF ALAMEDA v neste Jason, Jr. Casenumber C-842396-6 vs. Cliffornd K. Mau, etal. Defendant ORDER re: CASE MANAGEMENT [-] & TRIAL SETTING ORDER WITH NOTICE OF TRIAL [] & ORDER TO SHOW CAUSE THE COURT HAS ORDERED THE FOLLOWING: At the conclusion of a judicially supervised Case Management Conference. |] After review of the case, including timely filedCase Management Statements, without a conference, Compliance with the paragraphs (1)through (16) below is required if such paragraph ismarked with an “X” in the space provided. FURTHER CASE MANAGEMENT CONFERENCE DX 1. A further Case Management Conference isscheduled for 1/27/2003 at 8:45 AM in Dept. 105. [J 2. The Case Management Conference currently scheduled for is VACATED and [-Jadvanced [_] continued to at in Dept. IX]3. Updated Case Management Statements in compliance with CRC 212 and Alameda County Local Rules, Chapter 4, on Judicial Council Form CM-110, must be filed no later than 1/12/2003. Ifthe foregoing date is a court holiday or a weekend, the time isextended to the next business day. DX]4. All unserved parties must be served with summons/complaint/cross-complaint, a copy of this order, and proof of service filedwith the court. " Parties must timely file: [_]a. any demurrers, or similar motions challenging the pleadings, [-]b. Other: so that adjudication ofmotions shall occur before [_] Updated Case Management Statements are due. [_] Mandatory Settlement Conference Statements are due. The following discovery must be completed before updated Case Management Statements are due: [| Medical examination(s) of parties [_] and deposition of doctor [-] All non-expert depositions [_] All interrogatory and/or document production discovery [] Disclosure of identities of experts and expert witness depositions (without prejudice to additional disclosures pursuant toCCP § 2034 prior totrial). ALTERNATIVE DISPUTE RESOLUTION (ADR) The case isreferred to [_] Judicial Arbitration [_] Private ADR, said process tobe completed [] by [_] before the updated CMC Statements are due and the results thereof to be included in said Statements, except to the extent precluded by Evidence Code §§ 1115-1128 orby a confidentiality agreement. [-] All counsel and self-represented parties who are proceeding to mediation or other form of ADR requiring the selection of a neutral shall advise the Case Management Judge in writing no later than of the identity of the neutral selected. Ifthe parties have failed to so notify the court, counsel and self-represented parties shall appear in Dept. on at MANDATORY SETTLEMENT CONFERENCE A Mandatory Settlement Conference pursuant to CRC 222 isset for inDept. at . Trial counsel, the parties, claims representatives and allother persons with fullauthority to settlethe case must personally attend unless the Court has, before the Conference, authorized telephonic participation upon written application with notice to allother parties and good cause shown. A Settlement Conference Statement complying with CRC 222 (c)must be filedwith the court no laterthan and served on all other parties. If the foregoing date isa court holiday or a weekend, the time isextended to the next business day. TRIAL SETTING ORDERS [19. The Court makes the following trial setting orders: Trial date: at 8:45 AM in Dept. Estimated length of trial: court days. The parties are ordered to comply with the Pretrial Orders set forth in Appendix A. [_] Trial by jury is waived by all parties,the action shall proceed as a court trial. [_] Jury isdemanded by [] Plaintiff(s) [_] Defendant(s) [_] Cross-defendant(s) |] (Specify ifless than allparties to a side) [-] Jury iswaived by [_] Plaintiff(s) [7] Defendant(s) [_] Cross-defendant(s) {_] (Specify ifless than all parties to a side) [] Jury isreserved by [_] Plaintiff(s) [—] Defendant(s) [-] Cross-defendant(s) [_] (Specify ifless than allparties to a side) . The Trial Date currently scheduled for is VACATED. |] The case is rescheduled for trialon at 8:45AM inDept. [| Statutory discovery dates remain in force as a result of the original Trial Setting Order. {_] This order constitutes a new Trial Setting Order. Discovery is re-opened and governed by the appropriate statutory provisions. NOTICES 11. Counsel for [_]Plaintiff(s) [[]Defendant(s) must forthwith serve a copy of this order on all counsel of record and self-represented parties, and fileproof of service. 12. Clerk isdirected to serve endorsed-filed copies of this order, with proof of service, to counsel and to self-represented parties ofrecord by & mail [_] fax. SANCTIONS [-113. Sanctions: Proof having been made to the satisfaction of the court that has failed to ; sanctions are ordered as follows: ["] a.Monetary sanctions in the sum of are ordered and are [_] 1.payable to the clerk of the court within calendar days. ["] 2. stayed pending further order of the court. [] 3. stayed until the next Case Management Conference. [_] b. Other sanctions: [_]c. A copy of this order will be forwarded to the State Bar of California. P<] 14. Other orders and/or comments: CJa. and attorney are ordered to appear atthe Case Management Conference scheduled in Paragraph 1 above. Failure to do so may result in the claim(s) being dismissed or the answer(s) being stricken. b. Plaintiff must serve complaint and fileCase Management Statement by date noted in paragraph 1 above or this case will be dismissed by the court. fx|15. Any delay in the trial,caused by non-compliance with any order contained herein, shallbe the subject of sanctions pursuant to CCP 177. REASSIGNMENT [-] 16. Good cause having been shown pursuant to Local Rule 4.3 (2),the above-entitled action is reassigned to [| Plan 1 []Plan2 []Plan3 [] Plan 4 [-] Exempt [-] Other: DATED: __ December 19, 2002 \ i chow het JUDGE OF THE SUPERIOR COURT Superior Court of California, County of Alameda Wiley W. Manuel Courthouse Case Number: C-842396 Case Management Conference Order of 12/18/2002 DECLARATION OF SERVICE BY MAIL | certify that |am not a party to this cause and that a true and correct copy of the foregoing document was mailed first class, postage prepaid, in a sealed envelope, addressed as shown on the foregoing document or on the attached, and that the mailing of the foregoing and execution of this certificate occurred at 600 Washington Street, Oakland, California. Executed on 12/31/2002. Executive Officer / Clerk of the Superior Court By Pastis Sante Weng Deputy Clerk .