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  • 20-CIV-00364 document preview
  • 20-CIV-00364 document preview
  • 20-CIV-00364 document preview
  • 20-CIV-00364 document preview
  • 20-CIV-00364 document preview
  • 20-CIV-00364 document preview
  • 20-CIV-00364 document preview
  • 20-CIV-00364 document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ßÕÛÎÓßÒ ÔÔРп®·-¿ Ö¿--·³ øÍÞÒ îéíçïë÷å ß´»¶¿²¼®± Ðò п½¸»½± øÍÞÒ íïëïíê÷ êðï É»-¬ Ú·º¬¸ ͬ®»»¬ô Í«·¬» íððô Ô±- ß²¹»´»-ô Ýß çððéï TELEPHONE NO.: îïíóêèèóçëðð FAX NO. (Optional): îïíóêîéóêíìî E-MAIL ADDRESS (Optional): ¿´»¶¿²¼®±ò°¿½¸»½±à¿µ»®³¿²ò½±³ ATTORNEY FOR (Name): ÞÞÊß ËÍß ºñµñ¿ ݱ³°¿-- Þ¿²µ SUPERIOR COURT OF CALIFORNIA, COUNTY OF ÍßÒ ÓßÌÛÑ STREET ADDRESS: ìðð ݱ«²¬§ Ý»²¬»® MAILING ADDRESS: λ¼©±±¼ Ý·¬§ô Ýß çìðêí CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: α¹»® Ô»» DEFENDANT/RESPONDENT: ͬ»ª»² Ò¹å É»· Ç·²¹å Ò·--¿² Í»½«®·¬§ д«-ô »¬ ¿´òô CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ì UNLIMITED CASE LIMITED CASE îðÝ×Êððíêì (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Ó¿®½¸ çô îðîî Time: çæðð ¿ò³ò Dept.: îí Div.: Room: Address of court (if different from the address above): ì Notice of Intent to Appear by Telephone, by (name): ß´»¶¿²¼®± п½¸»½± INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ì This statement is submitted by party (name): ÞÞÊß ËÍß ºñµñ¿ ݱ³°¿-- Þ¿²µ b. 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. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in ì complaint cross-complaint (Describe, including causes of action): Ú±®³ ½±³°´¿·²¬ º±® ³±¬±® ª»¸·½´»ô °®±°»®¬§ ¼¿³¿¹»ô °»®-±²¿´ ·²¶«®§ô ¾®»¿½¸ ±º ½±²¬®¿½¬ Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720–3.730 CM-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: α¹»® Ô»» CASE NUMBER: îðÝ×Êððíêì DEFENDANT/RESPONDENT: ͬ»ª»² Ò¹å É»· Ç·²¹å Ò·--¿² Í»½«®·¬§ д«-ô »¬ ¿´òô 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) д¿·²¬·ºº ¾®·²¹- ¬¸·- ½±³°´¿·²¬ ¿´´»¹·²¹ ÞÞÊß º¿·´»¼ ¬± ½±´´»½¬ ¿²¼ ¹·ª» ½®»¼·¬ ±² ¬¸» ´±¿² ¬± °´¿·²¬·ºº ¿²¼ ¬¸»² ©®±²¹º«´´§ º±®©¿®¼»¼ ¬¸» ³¿¬¬»® ¬± ½±´´»½¬·±²- »ª»² ¬¸±«¹¸ °´¿·²¬·ºº ¸¿¼ ÙßÐ ·²-«®¿²½» ©¸·½¸ ©¿- -«°°±-»¼ ¬± °¿§ ±ºº ¬¸» ´±¿²ò д¿·²¬·ººù- ½´¿·³- ¿®» ©·¬¸±«¬ ³»®·¬ô ¿²¼ ÞÞÊß ¼»²·»- ¬¸»-» ¿´´»¹¿¬·±²-ò (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury triaI ì a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. ì 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ì days (specify number): îóí ¼¿§- b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ì 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: Additional representation is described in Attachment 8. 9. Preference 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 ì has 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) 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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: α¹»® Ô»» îðÝ×Êððíêì DEFENDANT/RESPONDENT: ͬ»ª»² Ò¹å É»· Ç·²¹å Ò·--¿² Í»½«®·¬§ д«-ô »¬ ¿´òô 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 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 ì Mediation session scheduled for (date): (1) Mediation 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 (5) 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. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: α¹»® Ô»» îðÝ×Êððíêì DEFENDANT/RESPONDENT: ͬ»ª»² Ò¹å É»· Ç·²¹å Ò·--¿² Í»½«®·¬§ д«-ô »¬ ¿´òô 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: 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. Bankruptcy 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: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 14. Bifurcation 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): ³±¬·±² º±® ¶«¼¹³»²¬ ±² ¬¸» °´»¿¼·²¹- ¿²¼ñ±® ³±¬·±² º±® -«³³¿®§ ¶«¼¹³»²¬ò 16. Discovery a. The party or parties have completed all discovery. b. ì The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date ÞÞÊß Ü»°±-·¬·±² °»® ½±¼» ÞÞÊß Ú±®³ ײ¬»®®±¹¿¬±®§ °»® ½±¼» ÞÞÊß Í°»½·¿´ ײ¬»®®±¹¿¬±®§ °»® ½±¼» ÞÞÊß Î»¯«»-¬ º±® ß¼³·--·±²- °»® ½±¼» ÞÞÊß Î»¯«»-¬ º±® Ю±¼«½¬·±² ±º ܱ½«³»²¬- °»® ½±¼» c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: α¹»® Ô»» CASE NUMBER: îðÝ×Êððíêì DEFENDANT/RESPONDENT: ͬ»ª»² Ò¹å É»· Ç·²¹å Ò·--¿² Í»½«®·¬§ д«-ô »¬ ¿´òô 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 a. ì 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): 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): ð I am 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: Ú»¾®«¿®§ ïðô îðîî ß´»¶¿²¼®± Ðò п½¸»½± (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, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California; I am over the age of 18 years and not a party to this action. My business address is 601 West Fifth Street, Suite 300, Los 4 Angeles, California 90071. 5 On February 10, 2022, I served the following document(s) described as: 6 CASE MANAGEMENT STATEMENT 7 8 on the persons below as follows: 9 PLEASE SEE ATTACHED SERVICE LIST 10 11  BY MAIL: I am "readily familiar" with the firm's practice of collection and processing TEL.: (213) 688-9500 – FAX: (213) 627-6342 12 correspondence for mailing with the United States Postal Service. Under that practice, it 601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 would be deposited with the United States Postal Service that same day in the ordinary 13 course of business. Such envelope(s) were placed for collection and mailing with postage AKERMAN LLP thereon fully prepaid at Los Angeles, California, on that same day following ordinary 14 business practices. (C.C.P. § 1013 (a) and 1013a(3)) 15  BY OVERNIGHT DELIVERY: I deposited such document(s) in a box or other facility regularly maintained by the overnight service carrier, or delivered such document(s) to a 16 courier or driver authorized by the overnight service carrier to receive documents, in an envelope or package designated by the overnight service carrier with delivery fees paid or 17 provided for, addressed to the person(s) served hereunder. (C.C.P. § 1013(d)(e)) 18 19  (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 20  (Federal) I declare that I am employed in the office of a member of the Bar of this Court 21 at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and 22 correct. 23 Executed on February 10, 2022, at Los Angeles, California. 24 25 Suzanne I. Jimenez (Type or print name) (Signature) 26 27 28 1 CASE NO. 20CIV00364 PROOF OF SERVICE 1 SERVICE LIST 2 Roger Lee v. Steven Ng; Wei Ying; Nissan Security Plus; BBVA Compass, et al. San Mateo Superior Court Case No. 20CIV00364 3 4 Terence Rayner, Esq. Barbara H. Olsen, Esq. 5 300 Arroyo Road CARBONE, SMITH & KOYAMA P.O. Box 85 1735 Technology Drive, Suite 500 6 Lagunitas, California 94938 San Jose, California 95110-1390 7 Telephone: (415) 298-9116 Telephone: (408) 392-8652 Email: terryrayner@comcast.net Email: Barbara.olsen@csaa.com 8 Attorney for Plaintiff Attorney for Defendants 9 ROGER LEE STEPHEN NG and WEI YING NG 10 11 Timothy P. Johnson, Esq. Robert A. Shields, Esq. TEL.: (213) 688-9500 – FAX: (213) 627-6342 12 BARRON & NEWBURGER, P.C. Hang Alexandra Do, Esq. 601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 1970 Old Tustin Avenue, Second Floor WILSON TURNER KOSMO LLP 13 Santa Ana, California 92705 402 West Broadway, Suite 1600 AKERMAN LLP Telephone: (714) 832-1170 San Diego, California 92101 14 Telephone: (619) 236-9600 Facsimile: (714) 832-1179 Facsimile: (619) 236-9669 15 Email: tjohnson@bn-lawyers.com Email: warrantyservice@wilsonturnerkosmo.com 16 Attorney for Defendant Attorneys for Defendant LTD FINANCIAL SERVICES NISSAN NORTH AMERICA, INC. 17 (erroneously sued herein as Nissan North 18 America, Inc. d/b/a Nissan USA and Nissan Security Plus 19 20 21 22 23 24 25 26 27 28 2 CASE NO. 20CIV00364 PROOF OF SERVICE