arrow left
arrow right
  • COLMAN RYAN, et al  vs.  LINNEA THERESA BUTLER, et al(22) Unlimited Auto document preview
  • COLMAN RYAN, et al  vs.  LINNEA THERESA BUTLER, et al(22) Unlimited Auto document preview
  • COLMAN RYAN, et al  vs.  LINNEA THERESA BUTLER, et al(22) Unlimited Auto document preview
  • COLMAN RYAN, et al  vs.  LINNEA THERESA BUTLER, et al(22) Unlimited Auto document preview
  • COLMAN RYAN, et al  vs.  LINNEA THERESA BUTLER, et al(22) Unlimited Auto document preview
  • COLMAN RYAN, et al  vs.  LINNEA THERESA BUTLER, et al(22) Unlimited Auto document preview
  • COLMAN RYAN, et al  vs.  LINNEA THERESA BUTLER, et al(22) Unlimited Auto document preview
  • COLMAN RYAN, et al  vs.  LINNEA THERESA BUTLER, et al(22) Unlimited Auto document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). ANDERS MORRISON, ESQ. SBN: 223921 BRETOI, LUTZ & STELE P.O. Box 10790, Santa Ana, CA 92711-0790 TeLePHoNeNo. (916) 294-3560 FAX NO, (Optionay: (916) 294-8957 eal aooress; CALegal@ Mercurylnsurance.com ATTORNEY FOR (Name) Defendants, LINNEA. BUILER AND SUSANNE [SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO street aopress: 400 County Center MAILING ADDRESS: Same city AND zIP COPE: Redwood City, CA, 94063 BRANCH NAME: Southem Branch PLAINTIFF/PETITIONER: EVELY N RYAN AND COLMAN RYAN DEFENDANT/RESPONDENT: LINNEA THERESA BUTLER; SUSANNE MARTINSSON FOR COURT USE ONLY CASE MANAGEMENT STATEMENT (Check one): [_X] UNLIMITED CASE [J UMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER, 22-CIV-02683 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 31, 2022 Time:9:00 a.m. Dept.:2 Div.: \Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Anders Morrison, Esq. Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [Xx] This statement is submitted by party (name): Defendants, LINNEA BUTLER AND SUSANNE MARTINSSON b. [_] This statement is submitted jointly by parties (names): a. The complaint was filed on (date):July 1, 2022 b. [__] The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) Complaint and cross-complaint (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) [7] 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 complaint [] cross-complaint (Describe, including causes of action): Plaintiff’s complaint is a standard form complaint stating causes of action in motor vehicle negligence and loss of consortium. Plaintiff’s complaint seeks ordinary compensatory damages. Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Judicial Council of California OM-110 [Rev. September 1, 2021] Cal, Rules of Court, rules 3.720-3.730 www. courts.ca.gov ‘Wiesttaw Doc & Form Builder”CM-110 PLAINTIFF/PETITIONER: EVELY N RYAN AND COLMAN RYAN CASE NUMBER: DEFENDANT/RESPONDENT: LINNEA THERESA BUTLER; SUSANNE MARTINSSON; 22-CIV-02683 4. b. Provide a brief statement of the case, including any damages. (/f 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.) This case arises out of a rear-end collision. Plaintiff's current medical bills are under $5,000, although she claims the need for surgery. Defendants dispute the causation and reasonableness of plaintiff's damages. (] (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 [x ] a jury trial [J a nonjury trial. (/f 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. [XJ 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): See attached Exhibit A. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [QC] days (specify number): 3-5 Days b. [_] hours (short causes) (specify): 8. Trial representation (to 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: (J Additional representation is described in Attachment 8. 9. 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 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 [_X] has [J 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. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 015CM-110 DEFENDANT/RESPONDENT:1 INNEA THERESA BUTLER; SUSANNE MARTINSSON; PLAINTIFF/PETITIONER: EVELY N RYAN AND COLMAN RYAN CASE NUMBER: 22-CIV-02683 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 this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR stipulation): [4c Mediation session not yet scheduled [-] Mediation session scheduled for (date): (1) Mediation [J Agreed to complete mediation by (date): [J Mediation completed on (date). (4¢J Settlement conference not yet scheduled (2) Settlement og (J Settlement conference scheduled for (date): conference [] Agreed to complete settlement conference by (date): [J Settlement conference completed on (date): [J Neutral evaluation not yet scheduled . [J Neutral evaluation scheduled for (date). (3) Neutral evaluation Co . [J Agreed to complete neutral evaluation by (date): (J Neutral evaluation completed on (date): [J Judicial arbitration not yet scheduled (4) Nonbinding judicial CI (} Judicial arbitration scheduled for (date). arbitration (_] Agreed to complete judicial arbitration by (date): () Judicial arbitration completed on (date): [J Private arbitration not yet scheduled (5) Binding private CI [J Private arbitration scheduled for (date). arbitration [_] Agreed to complete private arbitration by (date): (J Private arbitration completed on (date): [J ADR session not yet scheduled (6) Other (specify): oo [J ADR session scheduled for (date): [J Agreed to complete ADR session by (date): [J ADR completed on (date) (CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5CM-110 PLAINTIFF/PETITIONER: EVELY N RYAN AND COLMAN RYAN CASE NUMBER: DEFENDANT/RESPONDENT:LINNEA THERESA BUTLER; SUSANNE MARTINSSON; 22-CIV-02683 11. Insurance a. [XJ Insurance carrier, if any, for party filing this statement (name): Mercury Insurance Company b. Reservation of rights: [__] Yes ry 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. (J 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. [7] A motion to [] consolidate [] coordinate will be filed by (name party): 14. Bifurcation [J 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): Motions in limine as needed. 16. Discovery a. [__] The party or parties have completed all discovery. b. [-_] The following discovery will be completed by the date specified (describe all anticipated discovery). Party Description Date Defendants Discovery to Plaintiffs Dec, 2022 Defendants Deposition of Plaintiffs 1/12/2023 Defendants Defense Medical Examination of Plaintiffs March, 2023 Defendants Expert Discovery Per Code c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 ofSCM-110 PLAINTIFF/PETITIONER: EVELY N RYAN AND COLMAN RYAN CASE NUMBER DEFENDANT/RESPONDENT: LINNEA THERESA BUTLER; SUSANNE MARTINSSON; 22-CIV-02683 17. Economic 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 [J 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. [X_] 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): ONE (1) | 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 27, 2022 ANeec& A Wale AS Anders Morrison, Esq. > 7 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) > [J Additional signatures are attached. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Pages ofS09/19/22 11/01/22 11/08/22 11/14/22 ANDERS MORRISON — TRIAL SCHEDULE 2022 Shuttera v Grijalva (Fresno) TRC 09/16/22 Cardenas v Medina (Stanislaus) MSC 09/26/22; Kamara v Troutman (Stanislaus) MSC 10/24/22; Webber v Mann (Sacramento) MSC 10/03/22 12/13/22-12/14/22 Tinnimit v MIC (Binding Arbitration) 2023 01/03/23 - 01/09/23 Cervantes v MIC (Binding Arbitration) 01/11/23 01/17/23 02/27/23 03/06/23 03/27/23 04/07/23 04/10/23 04/24/23 05/12/23 05/30/23 06/13/23 06/26/23 08/01/23 08/14/23 09/13/23 09/25/23 11/28/23 01/22/24 Pantell v MIC (Binding Arbitration) Sterling v City of San Francisco (San Francisco) Augustine v City of Berkeley (Alameda) Pre-Trial Conf. 02/17/23 Drawsand v Abante Rooter (Alameda) Pre-Trial Conf. 02/24/23 Jaimes v Baughman-Waterbury (Alameda) Suarez v Barragan (Sonoma) Stallworth v Turner (San Joaquin) MSC 03/27/23; Mantler v Ha (Alameda) MSC 04/03/23; Pre-Trial Conf. 04/13/23 Olson v Dittman (Sonoma) Hunt v Durant (Yolo); Pre-Trial Conf. 05/08/23 Prado v Contreras (Merced) MSC 05/08/23; Barnhart v Sanders (Napa); TMC 06/22/23; MSC 05/18/23 Diaz Gomes (Stanislaus); MSC 07/17/23 Lewis v Klitzke (Alameda) MSC 07/20/23; Pre-Trial Conf. 08/03/23 Smith v Buron (San Mateo) MSC 08/24/23; Pre-Trial Conf. 08/28/23 Gomez v Tri-Valley Contracting (Alameda) Pre-Trial Conf. 09/15/23 Rodriguez v Medeiros (Stanislaus) MSC 11/13/23 2024 Somera v Rice (El Dorado); MSC 11/01/23; Pre-Trial Conf. 01/12/24PROOF OF SERVICE A, 2015.9 C.C.P.. STATE OF CALIFORNIA ) ) ss. RYAN V. BUTLER COUNTY OF SACRAMENTO ) I am employed in the County of Sacramento, State of California, I am over the age of eighteen years and not a party to the within entitled action; my business address is P.O. Box 10790, , Santa Ana, CA 92711-0790. I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in ordinary course of business. On September 28, 2022, I served the forgoing CASE MANAGEMENT STATEMENT on the interested parties in this action, by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: SEE ATTACHED MAILING LIST () (BY MAIL) I caused such envelope with postage thereon fully prepaid at my place of business to be placed in the United States mail at Santa Ana, California. (_) | (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the office of the addressee(s). (_) (BY FACSIMILE TRANSMISSION) I also served by facsimile transmission, a true and correct copy of the above designated documents, on the office(s) of the addressee at the following facsimile number: (XX) (BY ELECTRONIC SERVICE) I caused said document(s) to be transmitted to the e-mail(s) of the addressee(s) designated (in compliance with California Rules of Court 2.251(g)). (XX) (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (_) (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Dated: September 28, 2022 2 .MAILING LIST RYAN V. BUTLER Chantel Fitting, Esq. GALINE, FRYE, FITTING & FRANGOS 411 Borel Avenue Suite 500 San Mateo, CA 94402 Cfittin -law.com