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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
						
                                

Preview

CM-110 A HORNEY OR PARTY WITHOUT A HORNEY (Name, State Bar number, and address): FOR COURT USE ONLY David N. Barry, Esq. (SBN 219230) 11845 W. Olympic Blvd., Suite 1270W Los Angeles, CA 90064 TELEPHONE NO.: (310) 684-5859 FAX NO. (Optional): (310) 862-4539 E-MAIL ADDRESS: dbarry@mylemonrights.com ATTORNEY FOR (Name): Plaintiff, Andrea Apodaca SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA STREET ADDRESS: 1221 Oak Street MAILING ADDRESS: cITY AND zIP coDE: Oakland 94612 BRANCH NAME: Administration Building PLAINTIFF/PETITIONER: Andrea Apodaca DEFENDANT/RESPONDENT: American Honda Motor Co., Inc. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): CK] UNLIMITED CASE LJ LIMITED CASE HG21113904 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 7, 2022 Time: 3:00 p.m. Dept.: 20 Div.: Room: Address of court (if different from the address above): D Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [KJ This statement is submitted by party (name): Plaintiff, Andrea Apodaca b. D 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): September 23, 2021 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. [KJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) c=J have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) c=J have had a default entered against them (specify names): c. D 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 CK] complaint D cross-complaint (Describe, including causes of action): Song-Beverly Warranty Act ("Lemon Law"). Breach of Implied Warranty of Merchantability under the Song-Beverly Warranty Act. Breach of Express Warranty under the Song-Beverly Warranty Act. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Andrea Apodaca CASE NUMBER: DEFENDANT/RESPONDENT: American Honda Motor Co., Inc. HG21113904 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.) On or about October 9, 2019, Plaintiff purchased a new 2019 Honda Odyssey for $61,522.52. On at least three separate occasions, Plaintiff has submitted the Subject Vehicle for defects and malfunctions, specifically for issues with the infotainment system, crackling sounds from the speakers and radio, and the horn beeping automatically. Plaintiff seeks a repurchase of all monies expended, a loan payoff, and a civil penalty not to exceed two times actual damages plus fees and costs. ~ (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 CR] a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. [TI 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. W days (specify number): Three to Five (3 to 5) Days b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [TI 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [TI 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 D 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) D 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) D 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) D 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. September 1, 2021] Page2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Andrea Apodaca CASE NUMBER: DEFENDANT/RESPONDENT: American Honda Motor Co., Inc. HG21113904 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): [TI Mediation session not yet scheduled D Mediation session scheduled for (date): (1) Mediation D Agreed to complete mediation by (date): D Mediation completed on (date): [TI Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by(date): D Settlement conference completed on (date): [KJ Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): (3) Neutral evaluation [TI D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled D ADR session scheduled for (date): (6) Other (specify): D D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Andrea Apodaca CASE NUMBER: DEFENDANT/RESPONDENT: American Honda Motor Co., Inc. HG21113904 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: CJ Yes CJ No c. D 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. CJ Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to CJ consolidate D coordinate will 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 CJ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. [K] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written discovery Within 90 - 120 days Plaintiff Deposition of various PMKs Within 90 - 120 days c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Andrea Apodaca CASE NUMBER: DEFENDANT/RESPONDENT: American Honda Motor Co., Inc. HG21113904 17. Economic litigation a. c=J 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. D 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 C=:JThe party or parties request that the following additional matteis be considered or determined at the case management conference (specify): 19. Meet and confer a. D 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): At the time of filing the Case Management Statement, the parties have not yet met and conferred; however, they intend to do so before the Case Management Conference. b. D 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): ____ _ 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 aut ority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the p rty where required. Date: February 10, 2022 David N. Barry, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) â–º (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) c=J Additional signatures are attached. CM-110 [Rev. September 1, 2021] Page 5 of 5 CASE MANAGEMENT STATEMENT 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 February 15, 2022, I served the following described as: 9 CASE MANAGEMENT STATEMENT 10 Service was made in the below ascribed manner, on the interested parties in this action by 11 placing a true copy thereof enclosed in a sealed envelope addressed to: 12 PLEASE SEE ATTACHED SERVICE LIST 13 [] (MAIL) I am "readily familiar" with the legal department's practice for collection and 14 processing of correspondence for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party 15 served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. 16 17 [] (OVERNIGHT DELIVERY MAIL) I caused the above described document to be served on the interested parties noted below by GSO Delivery Service in an envelope or package 18 designated by the express service carrier in a facility which is deposited with the GSO Delivery Service in our building on the same day, in the ordinary course of business with 19 delivery fees paid or provided for. 20 [] (PERSONAL SERVICE) I caused the above described document to be personally served 21 on the interested parties noted below. 22 [X] (BY ELECTRONIC SERVICE) I caused such document to be delivered by electronic 23 transmission to the addresses and offices of the addressee listed on the Service List. 24 [X] (STA TE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 25 26 Executed on the 15th of February 2022, at Los Angeles, California. 27 Sally Tamara /s/ Sally Tamara 28 NAME SIGNATURE 1 SERVICE LIST 2 APODACA V. AMERICAN HONDA MOTOR CO., INC. 3 CASE# HG21113904 41.1---------------------r-----------------~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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28