Preview
CNI-110
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ATTORNEY OR PARTY WITHOUT ATTORNEY fNsms, Stele Der number
FOR COURT USE ONLY
Robert W. Sullivan 306869
Law Offices of Nadeem H. Makada
1340 Bayshore Highway
Burlingame, CA 94010
TELEPHONENOu (650) 401-8812 FAXNO/Oplionslf: (650) 401-8817
ADDREEE:
E MAIL robert . makadalaw8gmail . corn
Plaintiff
ATTORNEYFOR/blame/;
sUPERIDRCDURTDF CALIFDRNIA, CDUNTY oF San Mateo
sTREETADDREss: 400 County Center
MAILING ADDRESS:
cnY AND zIP coDE:Redwood Ci t y, CA 94 063
SRANCH NAME:
PLAINTIFF/PETITloNER: Humberto Herrera
DEFENDANT/REsPoNDENT; Tacos San Buena
CASE INANAGEINENT STATEINENT CASE NUMBER:
(Check one): Qg UNLIMITED CASE
(Amount demanded
~ LIINITED CASE
(Amount demanded is $25,000
21-CIU-02274
exceeds $ 25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 04/20/2022 Time: 9: 0 DAM Dept.: 4 Dive Room:
Address of court (if different fiom the address above):
Q3 Notice oflntenttoAppearby Telephone, by(name)f Robert W. Sullivan
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. gQ This statementissubmittedby patty(name): Humberto Herrera
b. ~ This statement is submitted jointly by parties (names):
2. Complaint and crosswomplaint (lo be answered by plain//ffs end cross-comp/a/nants only)
a. The complaint was Sled on (dale): 04/21/2021
b. ~ The cross-complaint, if any, was Sled on (dale)f
3. Service (lo be answered by plaintiffs and cross-comp/a/nan/s only)
a. Q3 Allparties 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) C3 have not been served (spec/fy names end explain why not):
(2) C3 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 (spec/fy names, nature of involvement in case, and lhe date by which
they may be sefved):
4. Description of case
a. Type of case in Q3 complaint C3 cross-complaint (Descn'tie, including causes of action):
Personal injury, general negligence. Plaintiff was injured when
Defendant failed to turn off all sources of ignition prior to
refilling propane tank, causing an explosion.
Page I at 3
Form Adopled fer Mandslort Use CASE IIIIANAGEINENT STATEINENT Cal. Rules of Courl,
rules 3. 720-3. 730
NECEEII Ssseaaat
Judicfsf Counel of Caldemia wwwcems,os.doe
cM-110 (Rsu, ssPIember I, 2021I QyFenmr
Cab cornI
Humberto Herrera
CNI-11{)
PLAINTIFF/PETITloNER: Humberto Herrera CASE NUMBER:
21-CIV-02274
DEFENDANT/REsPoNDENT: Tacos San Buena
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages ara sought, specify the injury end
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)
Plaintiff seeks compensatory damages resulting from explosion caused
by Defendant's negligence. Damages include medical treatment,
diminished future earning capacity, pain and suffering, loss of
enjoyment, loss of household services
~ (ff morespace is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
5.
The party or parties request
mquesting s jury tria):
Q3 a jury trial ~ a nonjury trial. (If more then one party, provide the name of each party
5. Trial date
a.
b.
~
Q3
The trial has been set for (dale):
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 (lf
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. lZ) days (specily number): 5
b. ~ hours (short causes) (specify)i
representation (to be answered for each psriy)
8. Trial
The party or parties will be represented at trial
a. Attorney: New attorney —
TBD
~ by the attorney or party listed in the caption (Z) by the following:
b. Firm: Law Offices of Nadeem Nakada, 1340 Bayshore Highway, Buxlingame, CA 94010
c. Address: 1340 Bayshore Highway
d. Telephone number 650-401 — 8812 f. Faxnumber: 650-401-8817
e. E-mail address: g. Party represented:
~ Additional representation is described in Attachment 8.
g. Preference
C3 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
the clientand reviewed ADR
G3 has
options with
~
the
has not provided the ADR information package identified
client.
{2)
inrule3.221 to
For self-represented parties: Party ~ has ~ has not reviewed the ADR information package identi5ed in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) ~ mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does notexceed
action
This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil
the
statutory limit.
of
Plaintiff elects to refer this case to judicial arbitration and agrees to limit recoveiy to the amount specified in Code
(2) C3
Civil Procedure section 1141.11.
{3) ~ mediation under Code of CivilProcedure section 1775 etseq. (Specify exemption):
action
This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil
Bilge 2 Of 6
CM-110 IRee. september 1, 20211 CASE 55ANAGEMENT STATE55ENT
RCEEII aeeeefBS
ceb cornIHseffee Humberto Herrera
CII-1 10
PLAINTIFF/PETITIDNER: Humberto Herrera CASE NUMBER:
21-CIV-02272)
DEFENDANT/REsPoNDENT; Tacos San Buena
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 snd provide the specified information):
The party or parties completing If theparty 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 (sllach s copy ol the partie'ADR
processes (check sfi that spp/y): slip ulslion):
gg Mediation session not yet scheduled
(1) Mediation
~ Mediation session scheduled for (dste):
~ Agreed to complete mediation by (date):
~ Mediation completed on (dale):
gg Settlement conference not yet scheduled
(2) Settlement ~ Settlement conference scheduled for (ds/e):
conference
~ Agreed to complete settlement conference by (dale):
~ Settlement conference completed on (dele):
~ Neutral evaluation not yet scheduled
(3) Neutral evaluation
~ Neutral evaluation scheduled for (dale):
~ Agreed to complete neutral evaluation by (ds/e):
~ Neutral evaluation completed on (dste):
~ Judicial arbitration not yet scheduled
(4) Nonbinding judicial ~ Judicial arbitration scheduled for (dale)/
arbitration
~ Agreed to complete judicial arbitration by (dsle)/
~ Judicial arbitration completed on (dste):
~ Private arbitration not yet scheduled
(5} Binding private
arbitration
~ Private arbitration scheduled for (dste):
C3 Agreed to complete private arbitration by (dale):
~ Private arbitration completed on (dale):
~ ADR session not yet scheduled
(6) Other (specify): C3 ADR session scheduled for (date):
C3 Agreed to complete ADR session by (dale):
C3 ADR completed on (dale):
Pese 3 ef 3
cM-110 IRev. Bepteefeer 1, 2021 I CASE INANAGEMENT STATE(WENT
~ E GEE/I Seeeffss
ceb.coml(BFeffRfr Humberto Herrera
Ciyl-1 10
PLAINTIFFIPETITIONER;Humberto Herrera CASE NUMBER:
21-CIV-02274
DEFENDANTIRESPONDENT: Tacos San Buena
11. Insurance
a.
b.
~ Insurance camer, if any, for party filing this statement (name):
Reservation of riights: ~ 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
Status:
~ Other(specify):
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:
C3 Additional cases are described in Attachment 13a.
b. C3 A motion to ~ consolidate ~ coordinate willbe filed by (nsme 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 part, type of motion, snd issues):
16. Discovery
a.
b.
~
Qg
The party or parties have completed all discovery.
The following discovery will be completed by the date specified (describe ail anticipated discovery)r
Easy Descriotion Date
Plaintiff Deposition of Defendant 07/01/2022
Plaintiff Deposition of other witnesses 07/01/2022
c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Reee 4 er S
cM.110 IRev. Beetemem I, 202 1 I CASE INANAGEWIENT STATEIIIIENT
R CEB g)roneee
I
Eeeeeiioi
Humberto Herrera
ceb.cornI
CM-110
PLAINTIFF/PETITIQNER: Humberto Herrera CASE NUMBER
21-CIV-02274
DEFENDANT/REsPQNDENT: Tacos San Buena
17. Economic litigation
a. ~ case (i.e., the amount demanded is $ 25,000 or less) and the economic litigation procedures in Code
This is a limited civil
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 (il checked, explain specifically why economic i(ligation 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 (speclfy):
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 (lf 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
(speclfy):
20. Total number of pages attached (if any):
Iam 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: 04/08/2022
Bnhpvt W Ri)1 1( Trnf)
(IYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
~ Additional signatures are attached.
CASE MANAGEMENT STATEMENT Page 5 of 5
CM-110 [Rev September I, 2021)
IICEB'IEsseatiai
ceb.cornIplForms
Humberto Herrera
CERTIFICATE OF SERVICE
I CASE: I
HERRERA V TACOS SAN BUENA, ET AL I
Case No.: I
21-CIV-02274
I, the undersigned, declare under penalty of perjury that the following is true and correct. I am over 18
years of age, and not a party to the within cause. My business address is 1340 Bayshore Highway, Burlingamc,
CA 94010.
A copy of: CASE MANAGEMENT STATEMENT
in said action was served on:
Mr..lames Picker Mr. Scott Kubis
Philip M. Anderson & Associates Glenn L. Silverii &, Associates
4450 Rosewood Dr, ¹450 2122 N. Broadway
Pleasanton, CA 94588 Santa Ana, CA 92706
cali.law-pleasanton-eservicc.081o02 statefarm.corn skubis(rrsilveri i. corn
James.pickergstatefann.corn jpinedanavarro@silverii.corn
Service was conducted as follows:
BY MAIL
Iplaced a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in the
U.S. mail addressed as sct forth above, pursuant to C.C.P. Ij1013(a) and $ 2015.5.
BY FACSIMILE TRANSMISSION
Itelefaxed a true copy thereof to above mentioned party, pursuant to C.C.P. Ii1013(a), II2015.5 and
C.R.C.tj2008.
X BY ELECTRONIC/EMAIL SERVICE
Pursuant to California Code of Civil Procedure II1010.6(e)(1), a true copy of the above-named
document(s) were attached to an email and sent prior to 11:59:59PM to the address indicated above which has
previously been used as a valid email address for the Party listed.
Executed on April 8, 2022 at Burlingame, California.
For Law Offices of Nadeem Makada