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Mellen Law Firm Severson & Werson
Attn: Mellen, Matthew Attn: Gandy, Robert J.
1050 Marina Village Parkway 19100 Von Karman Avenue
#102 Suite 700
Alameda, CA 94501 Irvine, CA 92612
Superior Court of California, County of Alameda
Rene C. Davidson Alameda County Courthouse
Jorgensen No. RG19047282
Plaintiff/Petitioner(s)
Case Management Order
VS.
Complaint -Other
Bank of New York Mellon
Defendant/Respondent(s)
(AbbreviatedTitle)
ORDER re:CASE MANAGEMENT
& TRIAL SETTING ORDER WITH NOTICE OF TRIAL
The Court has ordered the following at the conclusion ofa judicially supervised Case Management
Conference.
TRIAL SETTING ORDERS
The Court makes the following trial settingorders:
Trial Date: 06/13/2022 at 08:30 AM inDept. 22.
Preface:
Itis the Court's expectation that counsel will have conducted a productive meet and confer session prior
to the PretrialConference so as to be in compliance with the orders which follow and be prepared togo
to trialon the date scheduled. As a matter ofcalendaring, the Court willgenerally setthe Pretrial
Conference approximately three weeks before the trialdate.
Standard Motions inLimine:
The Court willorder: (a) thatwitness(es) shallbe excluded untiltestimony is completed. (b) thatthere
shall be no reference to or evidence presented ofsettlement discussions or mediation; (c) thatthere shall
be no reference to orevidence presented of insurance; (d) that there shallbe no reference to or evidence
presented of other claims/suits/actions against a party; and (ce)
that there shall be no reference to or
evidence presented of wealth or lack thereof of any party except in the punitive damage phase of a case.
Filing and Responding to Motions inLimine
Motions in Limine shall specify exactly what the moving party wishes the Court to order and shallbe
accompanied by supporting declarations, memoranda, and proposed orders.
Motions in Limine shall be filedand served no laterthan 10 days before thePretrial Conference.
Opposition to the same shall be filedand served no later than 5 days before the Pretrial Conference and
a Reply, ifany, shall be filedand served no later than 2 days before the Pretrial Conference.
Motions in Limine Exception: Experts
Motions in Limine regarding experts shall be filed and served no laterthan 10 days before trial.
Opposition to the same shall be filedand served no later than 5 days before trial.Reply, if any, shall be
Order
filedand served no laterthan 2 days before trial.
Statement of Case:
The parties willmeet and confer and prepare a jointStatement ofthe Case, if theycan agree upon same
and if not,an individual Statement of the Case forthe Court's review and approval.
Witness Lists:
The parties shallmeet and confer and submit a joint liston plain paper in alphabetical order of all
possible witnesses plus the names of other persons/institutions they believe should be questioned about
during voir dire(or attached to the questionnaire).
Exhibit Lists:
The parties shallagree that:
plaintiffis allocated #'s
Defendant isallocated #'s
and no witness may be shown any document, chart or other object until ithas been marked for
identification using an exhibit number inthe range allocated to the questioning party.
Stipulations on Admissibility and Use of Exhibits:
The parties shallmeet and confer on the admissibility of exhibits and shallsubmit amended exhibit lists
at the PretrialConference that (a)conform with the number allocations above and (b) denote with the
letter"A" those exhibits that are agreed to be admissible. Absent leave of Court, the latterare the only
exhibits that may be shown tothe jury during opening, and during trialno exhibit may be published to
the jury untilit has been admitted into evidence.
As forpurely demonstrative exhibits, to use them in opening, they must be provided to the other
side at leastfour (4) court days in advance, and any objections must be made to the other side at
least two (2) court days inadvance of thefirstday of trial.
Jury Size and Expedited Trial Procedures:
The parties have considered AB2284 and do/not stipulateto all/partof it as setforth
herein
Jury Instructions/Verdict Form:
At the Pretrial Conference, the parties shall (a)submit their agreed instructions and
agreed verdict form in hard copy and (b) shallemail them to the clerk
(dept.22@alameda.courts.ca.gov) in Word format orbring them ona disc insuch format.
Those instructions or form(s) still
in dispute shall be submitted at the same time and in the same
manner.
Voir Dire:
The Court willallow limited voir dire,posing questions only forthe purpose of eliciting
possible grounds fora challenge for cause. The parties are encouraged to submit allquestions
they seck answered to the Court at the Pretrial Conference and are admonished not to repeat the
Court's voir dire attrial. At time oftrial,each sidewill be allocated minutes to voir
dire the first18 jurors (12 + the first6-pack) and then minutes foreach additional
6-pack. Ifthe parties wish to use a Jury Questionnaire, the same shall be submitted to
the Court atthe Pretrial Conference.
"First Day Trial Orders"
Equipment:
Projectors, screens and similar equipment must be tested in the courtroom prior to the day
when itwill be used. Arrangements may be made with the court attendant as to an appropriate
time for doing so.
Expert Disclosures/998 Offers:
Counsel shall lodge with the Court on the firstday of trialtwo copies of allexpert
disclosures, including any supplements, as well as allC.C.P 998 offers.
Depositions to be Used at Trial:
Any party intending to use a deposition transcript at trialfor any purpose shall lodge the
signed original (or a certifiedcopy if,for any reason, the originalis not available) for use by the
Order
Court and shall have extra copies available for use by him/herself and the witness. All other
parties are expected tohave their own copies available.
Depositions in Lieu of Live Testimony:
Ifit isanticipated that witnesses willtestify by deposition in lieu of livetestimony, as to
each such witness the parties shall submit designations, counter-designations and unresolved
objections to the Court inthe form of one marked transcript prior tojury selection.
Video Depositions at Trial:
A video deposition may only be shown afterthe designations, counter-designations and
objections are resolved per the preceding paragraph. Prior toplaying the video, a transcript shall
be provided to the Court ofthe portions played to the jury.
Witnesses at Trial:
The party presenting evidence shallgive the other party(ies) one 1)court days notice of
the witnesses tobe called (i.e.by 8:00a.m. Monday the witnesses to be called Tuesday a.m.; by
8:00a.m. Friday the witnesses to be called Monday a.m..). Ifthe party presenting evidence does
not have a witness ready tobe called once a prior witness steps down, that party may be deemed
to have rested its case. Witnesses may be taken out of order upon stipulation or with leave of
Court provided thatthe circumstances giving rise to such an accommodation are promptly called
to the attention ofopposing counsel and the Court.
Objections:
There shall be no "speaking objections" but only a short reference to the evidentiary
ground - e.g."hearsay" - and, if aresponse isrequested, only a minimal response e.g., “not
offered for the truth.." Ifeither counsel needs to make a better record, he/she may do so when
the jury isout at the next break.
Use of Prior Statements:
A transcriptor prior written statement of a witness may be used to impeach orrefresh but
not both. Ifused to refresh,the writing may not be read aloud to the jury but simply shown to the
witness, who may then be asked "Does thatrefresh your recollection...?"
Jury Questions:
The Court allows written jury questions (C.R.C. 2.1033), which itwillshare with counsel
at thebreak(s) and then place on the record.
Jurors' Time:
Counsel are expected to raise matters that need to be heard outside the jury's
presence at 8:00a.m., over the lunch break orafter 2:30p.m.
Punitive Damages:
Ifthe jury will be asked toconsider punitive damages, the following additional orders
apply:
a. Defendant/Cross-Defendant(s) shallhave allrelevant financial data in Court in a sealed
envelope once trialbegins;
b. Counsel shall have all witnesses who will be called to testifyregarding the financial
status of the relevant party (e.g.to authenticate relevant documents, etc) available on one (1)
hours notice once jury deliberations begin;
c. The parties shallmeet and confer regarding written stipulations to streamline this phase.
Interpreters:
If awitness requires an interpreter, counsel are advised to carefully review and be
prepared to satisfythe Court that the interpreteris offered in compliance with Government Code
68560 et seq., Evidence Code 750 through 755.5, C.R.C. 2.890 et seq. and allLocal Rules.
Court Reporters and Transcripts:
Counsel are ordered to review Government Code 69952 and make appropriate arrangements
Order
with the court reporter and clerk not lessthan five (5)court days in advance.
Does:
By stipulation pursuant toGovernment Code 68616(h), all non-served Doe defendants are
hereby dismissed on the date thejury issworn.
Further Settlement Conference/Mediation:
As ordered.
Settlement:
Counsel shall promptly notify the Court by phone and email of any settlement. The
notification shallindicate what further steps need tobe taken to finalizesettlement. Counsel
shall also comply with C.R.C. 3.1385.
FURTHER CONFERENCE
A further Case Management Conference re: Pretrial Conf is scheduled for 06/03/2022 at08:30 AM in
Dept. 22.
Updated Case Management Statements in compliance with Rule of Court 3.725, on Judicial Council
Form CM-110, must be filedno laterthan 05/19/2022. Ifthe foregoing date is acourt holiday or a
weekend, the time isextended to the next business day.
MANDATORY SETTLEMENT CONFERENCE (CRC section 3.1380)
A Mandatory Settlement Conference (MSC) is setfor 05/11/2022 in Dept. 301 at 09:00 AM. Lead
negotiating counsel, trialcounsel, party representatives, insurance carrier representatives with full
settlement authority from each insurance policy implicated by plaintiff'sdemand, and allother persons
necessary to consent to settlement must PERSONALLY ATTEND the MSC, unless excused by the
court for good cause.
Parties must comply with allapplicable rules and code provisions regarding MSCs, including California
Rule of Court (CRC) 3.1380. No laterthan five court days before the MSC, each party must serve on
opposing parties, and DELIVER DIRECTLY TO THE SETTLEMENT DEPARTMENT a hard copy
Settlement Conference Statement (SCS) that includes a detailed discussion of liabilityand damages.
The SCS must also contain agood faith settlement demand or offer as ofthe date the settlement
conference statement issigned.
DO NOT E-MAIL OR FILE, INCLUDING BY FAX, THE SCS WITH THE COURT.
Any person seeking to appear at the MSC by telephone must filewith the clerk'soffice a formal ex parte
application with a proposed order and proof of service showing service on allparties. A courtesy copy
of the application and proposed order must be delivered directly to the settlement department. The
application will not be granted unless the party shows good cause and delivers to the settlement
department itsSCS that fully complies with CRC 3.1380(c) and includes a good faithsettlement
demand or offer as ofthe date the settlement conference statement is signed. Ifthe application is
granted, the person appearing by telephone must be immediately available by telephone throughout the
conference until released by the court.
FAILURE TO BE IMMEDIATELY AVAILABLE, INCLUDING AFTER BUSINESS HOURS,
CONSTITUTES A NON-APPEARANCE BY THAT PERSON.
Ifthe case settlesbefore the MSC, Plaintiffmust promptly notifythis department and the settlement
department.
FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN SANCTIONS.
NOTICES
Clerk is directed to serve endorsed-filed copies of thisorder, with proof of service,to counsel and to
self-represented parties of record by mail.
Order
Any delay in the trial,caused by non-compliance with any order contained herein, shall be the subject of
sanctions pursuant to CCP 177.5.
Dated: 08/26/2021 IMG = wacsimie
Judge JeffreyBrand
Order
SHORT TITLE: CASE NUMBER:
Jorgensen VS Bank of New York Mellon RG19047282
ADDITIONAL ADDRESSEES
YU Mohandesi LLP
Attn: Ekmekchyan, Pavel
633 West Fifth Street
Suite 2800
Los Angeles, CA 90071
ZBS Law LLP
Attn: Klein, Bradford E
30 Corporate Park
Suite 450
Irvive, CA 92606
Order
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Mellen Law Firm Severson & Werson Attn: Mellen, Matthew Attn: Gandy, Robert J. 1050 Marina Village Parkway 19100 Von Karman Avenue #102 Suite 700 Alameda, CA 94501 Irvine, CA 92612 Superior Court of California, County of Alameda Rene C. Davidson Alameda County Courthouse Jorgensen No. RG19047282 Plaintiff/Petitioner(s) Case Management Order VS. Complaint -Other Bank of New York Mellon Defendant/Respondent(s) (AbbreviatedTitle) ORDER re:CASE MANAGEMENT & TRIAL SETTING ORDER WITH NOTICE OF TRIAL The Court has ordered the following at the conclusion ofa judicially supervised Case Management Conference. TRIAL SETTING ORDERS The Court makes the following trial settingorders: Trial Date: 06/13/2022 at 08:30 AM inDept. 22. Preface: Itis the Court's expectation that counsel will have conducted a productive meet and confer session prior to the PretrialConference so as to be in compliance with the orders which follow and be prepared togo to trialon the date scheduled. As a matter ofcalendaring, the Court willgenerally setthe Pretrial Conference approximately three weeks before the trialdate. Standard Motions inLimine: The Court willorder: (a) thatwitness(es) shallbe excluded untiltestimony is completed. (b) thatthere shall be no reference to or evidence presented ofsettlement discussions or mediation; (c) thatthere shall be no reference to orevidence presented of insurance; (d) that there shallbe no reference to or evidence presented of other claims/suits/actions against a party; and (ce) that there shall be no reference to or evidence presented of wealth or lack thereof of any party except in the punitive damage phase of a case. Filing and Responding to Motions inLimine Motions in Limine shall specify exactly what the moving party wishes the Court to order and shallbe accompanied by supporting declarations, memoranda, and proposed orders. Motions in Limine shall be filedand served no laterthan 10 days before thePretrial Conference. Opposition to the same shall be filedand served no later than 5 days before the Pretrial Conference and a Reply, ifany, shall be filedand served no later than 2 days before the Pretrial Conference. Motions in Limine Exception: Experts Motions in Limine regarding experts shall be filed and served no laterthan 10 days before trial. Opposition to the same shall be filedand served no later than 5 days before trial.Reply, if any, shall be Order filedand served no laterthan 2 days before trial. Statement of Case: The parties willmeet and confer and prepare a jointStatement ofthe Case, if theycan agree upon same and if not,an individual Statement of the Case forthe Court's review and approval. Witness Lists: The parties shallmeet and confer and submit a joint liston plain paper in alphabetical order of all possible witnesses plus the names of other persons/institutions they believe should be questioned about during voir dire(or attached to the questionnaire). Exhibit Lists: The parties shallagree that: plaintiffis allocated #'s Defendant isallocated #'s and no witness may be shown any document, chart or other object until ithas been marked for identification using an exhibit number inthe range allocated to the questioning party. Stipulations on Admissibility and Use of Exhibits: The parties shallmeet and confer on the admissibility of exhibits and shallsubmit amended exhibit lists at the PretrialConference that (a)conform with the number allocations above and (b) denote with the letter"A" those exhibits that are agreed to be admissible. Absent leave of Court, the latterare the only exhibits that may be shown tothe jury during opening, and during trialno exhibit may be published to the jury untilit has been admitted into evidence. As forpurely demonstrative exhibits, to use them in opening, they must be provided to the other side at leastfour (4) court days in advance, and any objections must be made to the other side at least two (2) court days inadvance of thefirstday of trial. Jury Size and Expedited Trial Procedures: The parties have considered AB2284 and do/not stipulateto all/partof it as setforth herein Jury Instructions/Verdict Form: At the Pretrial Conference, the parties shall (a)submit their agreed instructions and agreed verdict form in hard copy and (b) shallemail them to the clerk (dept.22@alameda.courts.ca.gov) in Word format orbring them ona disc insuch format. Those instructions or form(s) still in dispute shall be submitted at the same time and in the same manner. Voir Dire: The Court willallow limited voir dire,posing questions only forthe purpose of eliciting possible grounds fora challenge for cause. The parties are encouraged to submit allquestions they seck answered to the Court at the Pretrial Conference and are admonished not to repeat the Court's voir dire attrial. At time oftrial,each sidewill be allocated minutes to voir dire the first18 jurors (12 + the first6-pack) and then minutes foreach additional 6-pack. Ifthe parties wish to use a Jury Questionnaire, the same shall be submitted to the Court atthe Pretrial Conference. "First Day Trial Orders" Equipment: Projectors, screens and similar equipment must be tested in the courtroom prior to the day when itwill be used. Arrangements may be made with the court attendant as to an appropriate time for doing so. Expert Disclosures/998 Offers: Counsel shall lodge with the Court on the firstday of trialtwo copies of allexpert disclosures, including any supplements, as well as allC.C.P 998 offers. Depositions to be Used at Trial: Any party intending to use a deposition transcript at trialfor any purpose shall lodge the signed original (or a certifiedcopy if,for any reason, the originalis not available) for use by the Order Court and shall have extra copies available for use by him/herself and the witness. All other parties are expected tohave their own copies available. Depositions in Lieu of Live Testimony: Ifit isanticipated that witnesses willtestify by deposition in lieu of livetestimony, as to each such witness the parties shall submit designations, counter-designations and unresolved objections to the Court inthe form of one marked transcript prior tojury selection. Video Depositions at Trial: A video deposition may only be shown afterthe designations, counter-designations and objections are resolved per the preceding paragraph. Prior toplaying the video, a transcript shall be provided to the Court ofthe portions played to the jury. Witnesses at Trial: The party presenting evidence shallgive the other party(ies) one 1)court days notice of the witnesses tobe called (i.e.by 8:00a.m. Monday the witnesses to be called Tuesday a.m.; by 8:00a.m. Friday the witnesses to be called Monday a.m..). Ifthe party presenting evidence does not have a witness ready tobe called once a prior witness steps down, that party may be deemed to have rested its case. Witnesses may be taken out of order upon stipulation or with leave of Court provided thatthe circumstances giving rise to such an accommodation are promptly called to the attention ofopposing counsel and the Court. Objections: There shall be no "speaking objections" but only a short reference to the evidentiary ground - e.g."hearsay" - and, if aresponse isrequested, only a minimal response e.g., “not offered for the truth.." Ifeither counsel needs to make a better record, he/she may do so when the jury isout at the next break. Use of Prior Statements: A transcriptor prior written statement of a witness may be used to impeach orrefresh but not both. Ifused to refresh,the writing may not be read aloud to the jury but simply shown to the witness, who may then be asked "Does thatrefresh your recollection...?" Jury Questions: The Court allows written jury questions (C.R.C. 2.1033), which itwillshare with counsel at thebreak(s) and then place on the record. Jurors' Time: Counsel are expected to raise matters that need to be heard outside the jury's presence at 8:00a.m., over the lunch break orafter 2:30p.m. Punitive Damages: Ifthe jury will be asked toconsider punitive damages, the following additional orders apply: a. Defendant/Cross-Defendant(s) shallhave allrelevant financial data in Court in a sealed envelope once trialbegins; b. Counsel shall have all witnesses who will be called to testifyregarding the financial status of the relevant party (e.g.to authenticate relevant documents, etc) available on one (1) hours notice once jury deliberations begin; c. The parties shallmeet and confer regarding written stipulations to streamline this phase. Interpreters: If awitness requires an interpreter, counsel are advised to carefully review and be prepared to satisfythe Court that the interpreteris offered in compliance with Government Code 68560 et seq., Evidence Code 750 through 755.5, C.R.C. 2.890 et seq. and allLocal Rules. Court Reporters and Transcripts: Counsel are ordered to review Government Code 69952 and make appropriate arrangements Order with the court reporter and clerk not lessthan five (5)court days in advance. Does: By stipulation pursuant toGovernment Code 68616(h), all non-served Doe defendants are hereby dismissed on the date thejury issworn. Further Settlement Conference/Mediation: As ordered. Settlement: Counsel shall promptly notify the Court by phone and email of any settlement. The notification shallindicate what further steps need tobe taken to finalizesettlement. Counsel shall also comply with C.R.C. 3.1385. FURTHER CONFERENCE A further Case Management Conference re: Pretrial Conf is scheduled for 06/03/2022 at08:30 AM in Dept. 22. Updated Case Management Statements in compliance with Rule of Court 3.725, on Judicial Council Form CM-110, must be filedno laterthan 05/19/2022. Ifthe foregoing date is acourt holiday or a weekend, the time isextended to the next business day. MANDATORY SETTLEMENT CONFERENCE (CRC section 3.1380) A Mandatory Settlement Conference (MSC) is setfor 05/11/2022 in Dept. 301 at 09:00 AM. Lead negotiating counsel, trialcounsel, party representatives, insurance carrier representatives with full settlement authority from each insurance policy implicated by plaintiff'sdemand, and allother persons necessary to consent to settlement must PERSONALLY ATTEND the MSC, unless excused by the court for good cause. Parties must comply with allapplicable rules and code provisions regarding MSCs, including California Rule of Court (CRC) 3.1380. No laterthan five court days before the MSC, each party must serve on opposing parties, and DELIVER DIRECTLY TO THE SETTLEMENT DEPARTMENT a hard copy Settlement Conference Statement (SCS) that includes a detailed discussion of liabilityand damages. The SCS must also contain agood faith settlement demand or offer as ofthe date the settlement conference statement issigned. DO NOT E-MAIL OR FILE, INCLUDING BY FAX, THE SCS WITH THE COURT. Any person seeking to appear at the MSC by telephone must filewith the clerk'soffice a formal ex parte application with a proposed order and proof of service showing service on allparties. A courtesy copy of the application and proposed order must be delivered directly to the settlement department. The application will not be granted unless the party shows good cause and delivers to the settlement department itsSCS that fully complies with CRC 3.1380(c) and includes a good faithsettlement demand or offer as ofthe date the settlement conference statement is signed. Ifthe application is granted, the person appearing by telephone must be immediately available by telephone throughout the conference until released by the court. FAILURE TO BE IMMEDIATELY AVAILABLE, INCLUDING AFTER BUSINESS HOURS, CONSTITUTES A NON-APPEARANCE BY THAT PERSON. Ifthe case settlesbefore the MSC, Plaintiffmust promptly notifythis department and the settlement department. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN SANCTIONS. NOTICES Clerk is directed to serve endorsed-filed copies of thisorder, with proof of service,to counsel and to self-represented parties of record by mail. Order Any delay in the trial,caused by non-compliance with any order contained herein, shall be the subject of sanctions pursuant to CCP 177.5. Dated: 08/26/2021 IMG = wacsimie Judge JeffreyBrand Order SHORT TITLE: CASE NUMBER: Jorgensen VS Bank of New York Mellon RG19047282 ADDITIONAL ADDRESSEES YU Mohandesi LLP Attn: Ekmekchyan, Pavel 633 West Fifth Street Suite 2800 Los Angeles, CA 90071 ZBS Law LLP Attn: Klein, Bradford E 30 Corporate Park Suite 450 Irvive, CA 92606 Order