Preview
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
© NULLA, PurceLuUrni VOE UNLY
Tobin Lanzetta, Esq. (SBN 228674)
GREENE BROILLET & WHEELER, LLP
222 N. Pacific Coast Highway, Suite 2100
El Segundo, CA 90245
TELEPHONE NO.: (310) 576-1200 FAX NO. (Optional): (310) 576-1220
E-MAIL ADDRESS (Optionai): tlanzetta@gbw.law
ATTORNEY FOR (Name): Plaintiff, ROBERT ROSS
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
street appress: 24405 Amador Street
malILiNG aDorEss: 24405 Amador Street, Hayward, California 94544
city anp zip cope: Hayward, California 94544
BRANCH NAME: Hayward Hall of Justice
PLAINTIFF/PETITIONER: ROBERT ROSS, an individual
DEFENDANT/RESPONDENT: BAYERISCHE MOTOREN WERKE AG, a corporation;
et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [XK] UNLIMITED CASE L) LIMITED CASE RG20084475
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: October 7, 2021 Time: 3:00 p.m. Dept.: 517 Div.: Room:
Address of court (if different from the address above):
XX] Notice of Intent to Appear by Telephone, by (name): Tobin Lanzetta, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. {X]_ This statement is submitted by party (name): Plaintiff, Robert Ross
b. [J] This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): December 23, 2020
b. [] The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a CJ al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
2%
b. The following parties named in the complaint or cross-complaint
(1) [] have not been served (specify names and explain why not):
LL.
(2) [have been served but have not appeared and have not been dismissed (specify names): BAYERISCHE
MOTOREN WERKE AG, a corporation (Served through BMW NA 9.10.21 - Answer due 10.12.21); MACK >
AMBROSE HENDERSON an individual: DEMONT JACKSON, an individual
(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 ofcasein [XJ complaint C cross-complaint (Describe, including causes of action):
Strict Products Liability, Negligence (Product Liability), Negligence
Page 1 of 5
FO ah re andalory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
tules 3.720-3.730
CM-110 (Rev. July 1, 2014) www.courts.ca.gov
American LegalNet, Inc.
www,.FormsWorkFlow.com ms
CM-110
PLAINTIFF/PETITIONER: : ROBERT ROSS, an iindividual
ivi
RG20084475
CASE
NUMBER:
|DEFENDANT/RESPONDENT: BAYERISCHE MOTOREN WERKE AG,a
corporation, et al.
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 January 17, 2019, at approximately midnight, Plaintiff ROBERT ROSS was the seat-belted driver of a
2018 BMW 530i and was driving the vehicle westbound on SR-24 in the number 2 lane just east of Saint Stephens
Drive in Lafayette, California. Plaintiff was struck in the rear by a 2016 Toyota Camry operated by Defendant
MACK AMBROSE HENDERSON, and owned by Defendant DEMONT JACKSON. Medical Damages exceed
$500,000.00.Plaintiff claims a seat back failure in his BMW was a cause of resulting paralysis.
C) (lf more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury-or nonjury trial
The party or parties request Kl a jury trial Ola nonjury trial. (lf more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. (The trial has been set for (date):
b. [X] 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):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
.a. [XJ days (specify number): 15-20 days
b. (J hours (short causes) (specify):
Trial representation (fo be answered for each party)
The party or parties will be represented at trial X 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:
O Additional representation is described in Attachment 8.
Preference
[J 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 X has C1 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 [J has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) (J 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) C] 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] CASE MANAGEMENT STATEMENT Page
2 of &
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8)
(:)
-
CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: ROBERT ROSS, an individual
RG20084475
DEFENDANT/RESPONDENT: BAYERISCHE MOTOREN WERKE AG, a corporation,
et al.
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 ail that apply): Stipulation):
Mediation session not yet scheduled
OOOO;J;OOOOJ;OOOROOJ;OOROO;JOOUO;OUO0R
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (dafe):
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
(6) Other (specify): g ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 (Rev. July 1, 2011)
CASE MANAGEMENT STATEMENT Page 3 of 6
[socio LegalNet, Inc.
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CM-110
CASE NUMBER:
PLAINTIFF/PETITIONER: ROBERT ROSS, an individual
RG20084475
|DEFENDANT/RESPONDENT: BAYERISCHE MOTOREN WERKE AG, a corporation,
et al. ‘
11. Insurance
a. (J Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: (C) Yes C) No
c. [J _ 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 ca se and describe the status.
[] Bankruptcy [J Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. (J) There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
Oo Additional cases are described in Attachment 13a.
b. LJ Amotionto [J consolidate []_ coordinate will
be file J by (name party):
14. Bifurcation
C] 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
(1 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. () The party or parties have completed all discovery.
b [X The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Written Discovery to Defendant 1/2022
Plaintiff Depositions 4/2022
Plaintiff Further Written Discovery 6/2022
Plaintiff Expert Discovery Per Code
c. [] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
ON-110[Rev. July 1, 2041) CASE MANAGEMENT STATEMENT: Page 4 of &
=
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CM-110
PLAINTIFF/PETITIONER: ROBERT ROSS, an individual CASE NUMBER:
|DEFENDANT/RESPONDENT: BAYERISCHE MOTOREN WERKE AG, a corporation, RG20084475
etal
17. Economic litigation
a. CT 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
CL] 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. &] 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): Counsel for appearing defendants met and conferred. However, not all defendants have
appeared yet.
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): 0
| 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: September 20, 2021
Tobin Lanzetta, Esq. » ft
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
LJ Additional signatures are attached.
OM-110 Rev. duly1, 2011] CASE MANAGEMENT STATEMENT Pago 6of6
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PROOF OF SERVICE
(C.C.P. 1013A, 2015.5)
STATE OF CALIFORNIA
I am employed in the county of Los Angeles, State of California. I am over the age of
eighteen years and not a party to the within action; my business address is 222 N. Pacific Coast
Highway, Suite 2100, El Segundo, CA 90245.
On September 22, 2021, I served the foregoing document described as CASE
MANAGEMENT STATEMENT on the interested parties in this action.
NHN
by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the
NN
attached mailing list.
Oo
____ by placing the original a true copy enclosed in sealed envelopes addressed as
follows:
oO
10 X_ BY MAIL.
I deposited such envelope in the mail at El Segundo, California. The envelope
vl was mailed with postage thereon fully prepaid.
12 X__As follows: I am “readily familiar” with the firm’s practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
13 U.S. postal service on that same day with postage thereon fully prepaid at E] Segundo,
California in the ordinary course of business. I am aware that on motion of the party
14 served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
15
___ +~BY PERSONAL SERVICE. I delivered such envelope by hand to the offices of the
16 addressee.
17 __._-—s- BY OVERNIGHT DELIVERY. I caused such envelope to be deposited with a delivery
service (Federal Express) in El Segundo, California, for overnight delivery to the addresses set
18 forth on the attached mailing list.
19 —X__ BY E-MAIL OR ELECTRONIC TRANSMISSION. I caused the document(s) to be
sentto the person(s) at the e-mail address(es) listed on the Service List. I did not receive, within a
20 reasonable time after transmission, any electronic message or other indication that the
transmission was unsuccessful.
21
Executed on September 22, 2021 at El Segundo, California.
20
23 (State) I declare under penalty of perjury under the laws of the State of California that the
above isj true and correct.
24
25 Tania Ferrer Cs
Name Signature
26
27
28
SERVICE LIST
Ross v. Bayerische Motoren Werke AG, et al.
Alameda Superior Court -Hayward Hall of Justice
Case No. RG20084475
VIA EMAIL
Steven E. Meyer, Esq. Attorneys for Defendants, BMW OF NORTH
Brandon W. Lansche, Esq. AMERICA, LLC, WEATHERFORD
ON
LEWIS BRISBOIS BISGAARD & SMITHLLP MOTORS, INC. dba WEATHERFORD
633 West 5" Street, Suite 4000 BMW OF BERKELEY
sa
Los Angeles, CA 90071
Telephone: (213) 250-1800
Facsimile: (213) 250-7900
Steve.Meyer@lewisbrisbois.com
Brandon.Lansche@lewisbrisbois.com
10
VIA U.S. MAIL
11
Mack Ambrose Henderson, an individual Defendant
12 1614 99" Avenue
Oakland, CA 94603
13
14 VIA U.S. MAIL .
15 Demont Jackson, an individual Defendant
9526 Holly Street
16 Oakland, CA 94603
17
VIA U.S. MAIL
18 Defendant
Bayerische Motoren Werke AG, a corporation
19 c/o Agent for Service BMW of North America
LLC
20 CT Corporation System
330 N. BRAND BLVD., SUITE 700
21 GLENDALE, CA 91203
22
23
24
25
26
27
28
Preview
‘ dou Y ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): © NULLA, PurceLuUrni VOE UNLY Tobin Lanzetta, Esq. (SBN 228674) GREENE BROILLET & WHEELER, LLP 222 N. Pacific Coast Highway, Suite 2100 El Segundo, CA 90245 TELEPHONE NO.: (310) 576-1200 FAX NO. (Optional): (310) 576-1220 E-MAIL ADDRESS (Optionai): tlanzetta@gbw.law ATTORNEY FOR (Name): Plaintiff, ROBERT ROSS SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA street appress: 24405 Amador Street malILiNG aDorEss: 24405 Amador Street, Hayward, California 94544 city anp zip cope: Hayward, California 94544 BRANCH NAME: Hayward Hall of Justice PLAINTIFF/PETITIONER: ROBERT ROSS, an individual DEFENDANT/RESPONDENT: BAYERISCHE MOTOREN WERKE AG, a corporation; et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [XK] UNLIMITED CASE L) LIMITED CASE RG20084475 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 7, 2021 Time: 3:00 p.m. Dept.: 517 Div.: Room: Address of court (if different from the address above): XX] Notice of Intent to Appear by Telephone, by (name): Tobin Lanzetta, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. {X]_ This statement is submitted by party (name): Plaintiff, Robert Ross b. [J] This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): December 23, 2020 b. [] The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a CJ al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. 2% b. The following parties named in the complaint or cross-complaint (1) [] have not been served (specify names and explain why not): LL. (2) [have been served but have not appeared and have not been dismissed (specify names): BAYERISCHE MOTOREN WERKE AG, a corporation (Served through BMW NA 9.10.21 - Answer due 10.12.21); MACK > AMBROSE HENDERSON an individual: DEMONT JACKSON, an individual (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 ofcasein [XJ complaint C cross-complaint (Describe, including causes of action): Strict Products Liability, Negligence (Product Liability), Negligence Page 1 of 5 FO ah re andalory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, tules 3.720-3.730 CM-110 (Rev. July 1, 2014) www.courts.ca.gov American LegalNet, Inc. www,.FormsWorkFlow.com ms CM-110 PLAINTIFF/PETITIONER: : ROBERT ROSS, an iindividual ivi RG20084475 CASE NUMBER: |DEFENDANT/RESPONDENT: BAYERISCHE MOTOREN WERKE AG,a corporation, et al. 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 January 17, 2019, at approximately midnight, Plaintiff ROBERT ROSS was the seat-belted driver of a 2018 BMW 530i and was driving the vehicle westbound on SR-24 in the number 2 lane just east of Saint Stephens Drive in Lafayette, California. Plaintiff was struck in the rear by a 2016 Toyota Camry operated by Defendant MACK AMBROSE HENDERSON, and owned by Defendant DEMONT JACKSON. Medical Damages exceed $500,000.00.Plaintiff claims a seat back failure in his BMW was a cause of resulting paralysis. C) (lf more space is needed, check this box and attach a page designated as Attachment 4b.) Jury-or nonjury trial The party or parties request Kl a jury trial Ola nonjury trial. (lf more than one party, provide the name of each party requesting a jury trial): Trial date a. (The trial has been set for (date): b. [X] 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): Estimated length of trial The party or parties estimate that the trial will take (check one): .a. [XJ days (specify number): 15-20 days b. (J hours (short causes) (specify): Trial representation (fo be answered for each party) The party or parties will be represented at trial X 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: O Additional representation is described in Attachment 8. Preference [J 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 X has C1 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 [J has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) (J 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) C] 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] CASE MANAGEMENT STATEMENT Page 2 of & American LegalNet, Inc. wavw, Forms WorkFlow.com 8) (:) - CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: ROBERT ROSS, an individual RG20084475 DEFENDANT/RESPONDENT: BAYERISCHE MOTOREN WERKE AG, a corporation, et al. 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 ail that apply): Stipulation): Mediation session not yet scheduled OOOO;J;OOOOJ;OOOROOJ;OOROO;JOOUO;OUO0R Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (dafe): 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 (6) Other (specify): g ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 (Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page 3 of 6 [socio LegalNet, Inc. www.FormsWorkFlow.com Wer’ CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: ROBERT ROSS, an individual RG20084475 |DEFENDANT/RESPONDENT: BAYERISCHE MOTOREN WERKE AG, a corporation, et al. ‘ 11. Insurance a. (J Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: (C) Yes C) No c. [J _ 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 ca se and describe the status. [] Bankruptcy [J Other (specify): Status: 13. Related cases, consolidation, and coordination a. (J) There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Oo Additional cases are described in Attachment 13a. b. LJ Amotionto [J consolidate []_ coordinate will be file J by (name party): 14. Bifurcation C] 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 (1 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. () The party or parties have completed all discovery. b [X The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Discovery to Defendant 1/2022 Plaintiff Depositions 4/2022 Plaintiff Further Written Discovery 6/2022 Plaintiff Expert Discovery Per Code c. [] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ON-110[Rev. July 1, 2041) CASE MANAGEMENT STATEMENT: Page 4 of & = American LegalNet, Inc. ER www.Forms WorkFlow.com Warev S @ CM-110 PLAINTIFF/PETITIONER: ROBERT ROSS, an individual CASE NUMBER: |DEFENDANT/RESPONDENT: BAYERISCHE MOTOREN WERKE AG, a corporation, RG20084475 etal 17. Economic litigation a. CT 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 CL] 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. &] 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): Counsel for appearing defendants met and conferred. However, not all defendants have appeared yet. 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): 0 | 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: September 20, 2021 Tobin Lanzetta, Esq. » ft (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) LJ Additional signatures are attached. OM-110 Rev. duly1, 2011] CASE MANAGEMENT STATEMENT Pago 6of6 American LegalNet, Inc. ¢: www.FormsWorkFlow.com Wee? PROOF OF SERVICE (C.C.P. 1013A, 2015.5) STATE OF CALIFORNIA I am employed in the county of Los Angeles, State of California. I am over the age of eighteen years and not a party to the within action; my business address is 222 N. Pacific Coast Highway, Suite 2100, El Segundo, CA 90245. On September 22, 2021, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested parties in this action. NHN by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the NN attached mailing list. Oo ____ by placing the original a true copy enclosed in sealed envelopes addressed as follows: oO 10 X_ BY MAIL. I deposited such envelope in the mail at El Segundo, California. The envelope vl was mailed with postage thereon fully prepaid. 12 X__As follows: I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with 13 U.S. postal service on that same day with postage thereon fully prepaid at E] Segundo, California in the ordinary course of business. I am aware that on motion of the party 14 served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 15 ___ +~BY PERSONAL SERVICE. I delivered such envelope by hand to the offices of the 16 addressee. 17 __._-—s- BY OVERNIGHT DELIVERY. I caused such envelope to be deposited with a delivery service (Federal Express) in El Segundo, California, for overnight delivery to the addresses set 18 forth on the attached mailing list. 19 —X__ BY E-MAIL OR ELECTRONIC TRANSMISSION. I caused the document(s) to be sentto the person(s) at the e-mail address(es) listed on the Service List. I did not receive, within a 20 reasonable time after transmission, any electronic message or other indication that the transmission was unsuccessful. 21 Executed on September 22, 2021 at El Segundo, California. 20 23 (State) I declare under penalty of perjury under the laws of the State of California that the above isj true and correct. 24 25 Tania Ferrer Cs Name Signature 26 27 28 SERVICE LIST Ross v. Bayerische Motoren Werke AG, et al. Alameda Superior Court -Hayward Hall of Justice Case No. RG20084475 VIA EMAIL Steven E. Meyer, Esq. Attorneys for Defendants, BMW OF NORTH Brandon W. Lansche, Esq. AMERICA, LLC, WEATHERFORD ON LEWIS BRISBOIS BISGAARD & SMITHLLP MOTORS, INC. dba WEATHERFORD 633 West 5" Street, Suite 4000 BMW OF BERKELEY sa Los Angeles, CA 90071 Telephone: (213) 250-1800 Facsimile: (213) 250-7900 Steve.Meyer@lewisbrisbois.com Brandon.Lansche@lewisbrisbois.com 10 VIA U.S. MAIL 11 Mack Ambrose Henderson, an individual Defendant 12 1614 99" Avenue Oakland, CA 94603 13 14 VIA U.S. MAIL . 15 Demont Jackson, an individual Defendant 9526 Holly Street 16 Oakland, CA 94603 17 VIA U.S. MAIL 18 Defendant Bayerische Motoren Werke AG, a corporation 19 c/o Agent for Service BMW of North America LLC 20 CT Corporation System 330 N. BRAND BLVD., SUITE 700 21 GLENDALE, CA 91203 22 23 24 25 26 27 28