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  • Apodaca VS American Honda Motor Co., Inc. Unlimited Civil (Other Breach of Contract/Warr...) document preview
  • Apodaca VS American Honda Motor Co., Inc. Unlimited Civil (Other Breach of Contract/Warr...) document preview
  • Apodaca VS American Honda Motor Co., Inc. Unlimited Civil (Other Breach of Contract/Warr...) document preview
  • Apodaca VS American Honda Motor Co., Inc. Unlimited Civil (Other Breach of Contract/Warr...) document preview
  • Apodaca VS American Honda Motor Co., Inc. Unlimited Civil (Other Breach of Contract/Warr...) document preview
  • Apodaca VS American Honda Motor Co., Inc. Unlimited Civil (Other Breach of Contract/Warr...) document preview
  • Apodaca VS American Honda Motor Co., Inc. Unlimited Civil (Other Breach of Contract/Warr...) document preview
  • Apodaca VS American Honda Motor Co., Inc. Unlimited Civil (Other Breach of Contract/Warr...) document preview
						
                                

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1 DAVID N. BARRY, ESQ. (SBN 219230) THE BARRY LAW FIRM 2 11845 W. Olympic Blvd., Suite 1270 Los Angeles, CA 90064 3 Telephone: 310.684.5859 Facsimile: 310.862.4539 4 Attorney for Plaintiff, ANDREA APODACA 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 FOR THE COUNTY OF ALAMEDA - HAYWARD HALL OF JUSTICE 8 9 ANDREA APODACA, an individual, Case No. HG21 l 13904 10 NOTICE OF CASE MANAGEMENT Plaintiff, CONFERENCE AND NOTICE OF CASE 11 REASSIGNMENT V. 12 13 AMERICAN HONDA MOTOR CO., INC., Action Filed: September 23, 2021 14 Trial Date: None A California Corporation; and DOES 1 15 through 20, inclusive, Assigned for all purposes to the Hon. Eumi Lee 16 in Dept. 512 Defendants. 17 18 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 19 PLEASE TAKE NOTICE of the Orders, effective September 29, 2021 & October 28, 20 2021, signed by the Deputy Clerk and attached hereto as Exhibit "A". 21 Plaintiff was ordered to give notice. 22 23 Date: January 20, 2022 24 25 By:+----------- 26 AVID N. BARRY, ESQ. ttorney for Plaintiff, 27 ¼NDREA APODACA 28 -1- NOTICE OF CASE MANAGEMENT CONFERENCE AND NOTICE OF CASE REASSIGNMENT EXHIBIT A r The Barry Law Firm 7 r 7 Attn: Barry Esq, David N. 11845 W. Olympic Blvd Suite 1270 L Los Angeles, CA 90064 J L J Su erior Court of California, Count of Alameda Apodaca No. HG2 l l l 3904 Plain tiff/Petitione1·(s) vs. NOTICE OF CASE MANAGEMENT CONFERENCE AND ORDER American Honda Motor Co., Inc. Unlimited Jurisdiction Defendant/Respondent(s) (Abbreviated Title) TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: Notice is given that a Case Management Conference has been scheduled as fol lows: Date: 03/07/2022 Department: 20 Judge: Paul D. Herbert Time: 03:00 PM Location: Administration Building Clerk: Ana Liza Tumonong Fourth Floor Clerk telephone: (510) 267-6936 1221 Oak Street, Oakland CA 94612 E-mail: Dept20@alameda.courts.ca.gov Internet: www.alameda.courts.ca.gov Fax: (510) 267-1576 ORDERS 1. Plaintiff must: a. Serve all named defendants and file proofs of service on those defendants with the coun within 60 days of the filing of the complaint (Cal. Rules of Court, 3.1 lO(b)); and b. Give notice of this conterencc to all other parties and file proof of service. 2. Defendant must respond as stated on the summons. 3. All parties who have appeared before the date of the conference must: a. Meet and confer, in person or by telephone as required by Cal. Rules of Cou1i, rule 3.724; b. File and serve a completed Case Management Statement on Fonn CM-I IO at least 15 days before the Case Management Conference (Cal. Rules of Court, rule 3. 725); and c. Post jury fees as required by Code of Civil Procedure section 631. 4. If you do not follow the orders above, the court may issue an order to show cause why you should not be sanctioned under Cal. Rules of Court, rule 2.30. Sanctions may include monetary sanctions, striking pleadings or dismissal of the action. 5. You are further ordered to appear in person or through your attorney of record at the Case Management Conference noticed above. You must be thoroughly familiar with the case and fully authorized to proceed. You may be able to appear at Case Management Conferences by telephone. Contact CourtCall, an independent vendor, at least three business days before the scheduled conference. Call 1-888-882-6878, or fax a service request to (888) 882-2946. The vendor charges for this service. 6. You may file Case Management Conference Statements by E-Delivery. Submit them directly to the E-Delivery Fax Number (510) 267-5732. No fee is charged for this service. For further information, go to www. alameda. courts. ca. govl(f 7. The judge may place a Tentative Case Management Order in your case's on-line register of actions before the conference. This order may establish a discovery schedule, set a trial date or refer the case to Alternate Dispute Resolution, such as mediation or arbitration. Check the website of each assigned department for procedures regarding tentative case management orders at www. a/ameda. courts. ca.gov/de. Form Approved for Mandatory Use NOTICE OF CASE MANAGEMENT CONFERENCE AND ORDER Page 1 of 2 Superior Court of California, County of Alameda ALA CIV-100 [Rev. 07-01-2015] CLERK'S CERTIFICATE OF MAILING I certify that the following is true and correct I arn the clerk of the above-named court and not a party to this cnuse. I served this Notice of Hearing by placing copies in envelopes addressed as shown hereon and then by sealing and placing them for collection. stamping or metering with prepaid postage, and mailing on the date stated below. in the United States mail at Alameda County, California, following standard court practices. Executed on 09/29/2021. By Deputy Clerk Form Approved for Mandatory Use NOTICE OF CASE MANAGEMENT CONFERENCE AND ORDER Page 2 of 2 Superior Court of California, County of Alameda ALA CIV-100 [Rev. 07-01-2015] EXHIBITB Reserved for Clerk's File Stamp SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA COURTHOUSE ADDRESS: Rene C. Davidson Courthouse FILED SuperiorCourtof California Countyof Alameda 24405 Amador Street, Hayward, CA 94544 10/26/2021 PLAINTIFF(S): c•ad Flake.Exec11ale 011\:er /C~lk ottte co,r1 Andrea Apodaca By. t:rfi.,,_ l,JJ4.....- Ceputy DianeWilliams American Honda Motor Co., Inc. CASE NUMBER: NOTICE OF CASE REASSIGNMENT HG21113904 THIS FORM IS TO BE SERVED WITH THE SUMMONS AND COMPLAINT TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Pursuant to Rule 3.734 of the California Rules of Court and Title 3 Chapter 2 of the Local Rules of the Superior Court of California, County of Alameda, this action is hereby assigned by the Presiding Judge for all purposes to: ASSIGNED JUDGE: Eumi Lee DEPARTMENT: 512 LOCATION: Hayward Hall of Justice 24405 Amador Street, Hayward, CA 94544 PHONE NUMBER: (510) 690-2721 FAX NUMBER: EMAiL ADDRESS: Dept512@alameda.courts.ca.gov Under direct calendaring, this case is assigned to a single judge for all purposes including trial. Please note: In this case, any challenge pursuant to Code of Civil Procedures section 170.6 must be exercised within the time period by law. (See Code of Civ. Proc. §§ 170.6, subd. (a.)(2) and 101.3) NOTICE OF NONAVAILABILITY OF COURT REPORTERS: Effective June 4, 2012, the court will not provide a court reporter for civil law and motion hearings, any other hearing or trial in civil departments, or any afternoon hearing in Department 201 (probate). Parties may arrange and pay for the attendance of a certified shorthand reporter. In limited jurisdiction cases, parties may request electronic recording. Amended Local Rule 3.95 states: "Except as otherwise required by law, in general civil case and probate departments, the services of an official court reporter are not normally available. For civil trials, each party must serve and file a statement before the trial date indicating whether the party requests the presence of an official court reporter." GENERAL PROCEDURES Following assignment of a civil case to a specific department, all pleadings, papers, forms, documents and writings can be submitted for filing at either Civil Clerk's Office, located at the Rene C. Davidson Courthouse, Room 109, 1225 Fallon Street, Oakland, California, 94612, and the Hayward Hall of Justice, 24405 Amador Street, Hayward, California, 94544 and through Civil ewfiling. Information regarding Civil e-filing can be found on the courts website. All documents, with the exception of the original summons and the original civil complaint, shall have clearly typed on the face page of each document, under the case number, the following: NOTICE OF CASE REASSIGNMENT ACSC (Rev. 10/21) Page 1 of 2 ASSIGNED FOR ALL PURPOSES TO JUDGE Eumi Lee DEPARTMENT 512 ----- All parties are expected to know and comply with the Local Rules of this Court, which are available on the court's website at ~ttp://www.alameda.qq~r1:~:~§_:_9_QYf P.§9~~:c3_§p~{l-._()~_?l~B_1::Jl~§(J) and with the California Rules of Court, which are available at www.courtinhca.gov. Parties must meet and confer to discuss the effective use of mediation or other alternative dispute processed (ADR} prior to the Initial Case Management Conference. The court encourages parties to file a "Stipulation to Attend ADR and Delay Initial Case Management Conference for 90 Days." The court's website contains this form and other ADR information. If the parties do not stipulate to attend ADR, the parties must be prepared to discuss referral to ADR at the Initial Case Management Conference. COURT RESERVATIONS The use of the Court Reservation System (CRS) is now mandated in many civii courtrooms within the Alameda County Superior Court. Instead of calling or emailing the courtroom to make a reservation, parties with a case assigned to a courtroom using CRS are directed to utilize CRS to make and manage their own reservations, within parameters set by the courtrooms. CRS is available 24 hours a day, seven days a week and reservations can be made from a computer or smart phone. Please note, you are prohibited from reserving more than one hearing date for the same motion. Prior to scheduling any motion on CRS, including any Applications for Orders for Appearance and Examination, or continuing any motion, please review the online information (if any) for the courtroom in which you are reserving. There may be specific and important conditions associated with certain motions and proceedings. Information is available on the court's eCourt Public Portal at www.eportal.alameda.courts.ca.gov. Chad Finke, Executive Officer/ Clerk of the Court By Dial1e\Vilfuu1i;, Dep.ity Clerk NOTICE OF CASE REASSIGNMENT ACSC (Rev. 10/21) Page 2 of 2 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA 3 COUNTY OF ALAMEDA 4 APODACA V. AMERICAN HONDA MOTOR CO., INC. CASE# HG21113904 5 6 I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and not a party to the within action; my business address is: 11845 W. Olympic 7 Boulevard, Suite 1270, Los Angeles, CA 90064. 8 On January 21, 2022, I served the following described as: 9 NOTICE OF CASE MANAGEMENT CONFERENCE AND NOTICE OF CASE 10 REASSIGNMENT 11 Service was made in the below ascribed manner, on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed to: 12 PLEASE SEE ATTACHED SERVICE LIST 13 14 [] (MAIL) I am "readily familiar" with the legal department's practice for collection and processing of correspondence for mailing. It is deposited with the U.S. postal service on 15 that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is 16 more than one day after the date of deposit for mailing in affidavit. 17 [] (OVERNIGHT DELIVERY MAIL) I caused the above described document to be served on 18 the interested parties noted below by GSO Delivery Service in an envelope or package designated by the express service carrier in a facility which is deposited with the GSO 19 Delivery Service in our building on the same day, in the ordinary course of business with 20 delivery fees paid or provided for. 21 [] (PERSONAL SERVICE) I caused the above described document to be personally served on the interested parties noted below. 22 23 [X] (BY ELECTRONIC SERVICE) I caused such document to be delivered by electronic transmission to the addresses and offices of the addressee listed on the Service List. 24 25 [X] (STA TE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 26 Executed on the 21st of January 2022, at Los Angeles, California. 27 28 Sally Tamara Isl Sally Tamara NAME SIGNATURE 1 SERVICE LIST 2 APODACA V. AMERICAN HONDA MOTOR CO., INC. 3 CASE# HG21113904 4 rt----------------------,--------------------,1 Kelli A. Herzog, Esq. Attorneys for Defendant, 5 kherzog@ghlaw-llp.com AMERICAN HONDA MOTOR CO., INC. GROTEFELD HOFFMANN LLP 6 700 Larkspur Landing Circle, Ste 280 7 Larkspur, CA 94939 8 CC: msell@ghlaw-llp.com ymaldonaldo@ghlaw-llp.com 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28