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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet Jan-23-2014 03:42 pm
a
Case Number: CGC-13-533103 Filing Date: Jan-23-2014 03:42 pm Filed by: JEFFREY LEE Juke Box: 001 Image: 04352345 CASE MANAGEMENT STATEMENT
CLAIRE FAHRBACH VS. DJAMOL GAFUROV et al
001004352345
Instructions:
Please place this sheet on top of the document to be scanned.
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ATTORNEY FOR (Name): Plaintiff Claire Fahrbach
SUPERIOR COURT OF CALIFORNIA, COUNTY oF SAN FRANCISCO STREET appREss: 400 McAllister Street MAILING ADDRESS:
cy AND ZIP CODE: San Francisco, CA 944 02 BRANCH NAME:
PLAINTIFF/PETITIONER: Claire Fahrbach DEFENDANT/RESPONDENT: Djamol Gaturov, et al CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
K. Douglas Atkinson, SBN: 264790 ATKINSON & ASSOCIATES 710 Central Avenue, San Francisco, CA 94117 F TELEPHONE NO.: 415-793-7819 FAX NO. (Optional): 415-440-7819 I L E E-MAIL ADDRESS (Optionay: doug @ accidentlawsf.com San Francisco Count, S 40 Orr Or Od, 24 YAN 23 ony, CLE, oy SOF THE Courr eS
CASE MANAGEMENT STATEMENT
(Check one): LY] UNLIMITED CASE . CD umrep case exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: Feb. 19, 2014 Time: 10:30am Dept.: 610 Address of court (if different from the address above): [ ] Notice of Intent to Appear by Telephone, by (name):
(Amount demanded (Amount demanded is $25,000
Div.:
CASE NUMBER:
CGC-13-533103
| Room:
INSTRUCTIONS: All applicable boxes must be checked, and the Specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Claire Fahrbach b. L_] This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-c a. The complaint was filed on (date): July 25, 2013 b. CL] The cross-complaint, if any, was filed on (date):
3. Service (fo be answered b y plaintiffs and cross-complainants only) ‘omplainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. L-_] The following parties named in the complaint or cross-complaint
(1) LJ have not been served (specify names and explain why not):
(2) [7] have been served but have not appeared and have not been dismissed (specify names):
(3) C71 have had a default entered against them (specify names):
4. Description of case a. Type of case in complaint L_] cross-complaint Personal injury incident in which Plaintiff, a pedestrian, was h was hit by a motor vehicle, following a motor vehicle accident (Describe, including causes of action):
it by a fire hydrant that was sheared off when it involving Sleiman and Gafurov.
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. July 1, 201 1] Www. courts, ca. gov
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PLAINTIFF/PETITIONER: Claire Fahrbach CASE NUMBER:
. CGC-13-533103
DEFENDANT/RESPONDENT: Djamol Gafurov, et al
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are Sought, specify the injury and earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Ms. Fahrbach sustained a fracture in her lower leg requiring Surgery, multiple herniated spinal discs, lacerations to her body and other injuries. Ms. Fahrbach is seeking past and future medical expenses, loss of earning capacity damages, and general damages for pain and suffering.
CJ (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 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. [_] The trial has been set for (date):
b. 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): April 28, 2014 Trial 5-10 days; May 5, 2014 Trial 5-1 O days; June 10, 2014 Trial 5-10 days; June 27, 2014 Trial 5-10 days; August 8, 2014, Trial 10-15 days
7. Estimated length of trial The party or parties estimate that the trial will take (check one):
a. [V7] days (specify number): 10-15 days b. [—_] hours (short causes) (specify):
8. Trial representation (to be answered for each party) The party or parties will be represented at tral CY] 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 entitied 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 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 LJ 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 sedation under Code of Civil Procedure Section 1775.3 because the amount in controversy does not exceed the statutory limit.
(2) (1) Plaintitf elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1 141.11.
(3) [-_] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et Seq. (specify exemption):
CM-110 Rev. July 4.2017 CASE MANAGEMENT STATEMENT Page 2 of 5
Page 4
CM-110
FENDANT/RESPONDENT: Djamo! Gafurov, et
al
CASE NUMBER:
CGC-13-533103
5 PLAINTIFF/PETITIONER: Claire Fahrbach E
10. c. Indicate the ADR Process or processes that th
@ party or parti
have already participated in (check aif that apply and provide
88 are willing to participate in, have agreed to Participate in, or the specified information):
this form are willing to Participate in the following
The party or parties completing
processes (check aif 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,
ADR | indicate the status of the processes (attach a copy of the parties' ADR
Stipulation):
(1) Mediation C7]
N
Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date):
Mediation completed on (date):
(2) Settlement Ww
conference
Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
(3) Neutral evaluation C7
C4 C4 C7] C7] C7 CI Cc) C4 C7 C4 C4
Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
(4) Nonbinding judicial Cy arbitration
Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
(5) Binding private Cy arbitration
Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
(6) Other (specify): C7}
Cc] C4 Cc Co C4 Cr C4 C7 CI Cj C4
U]
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date): ADR completed on (date):
CM-110 [Rev. July 1, 201 1]
CASE MANAGEMENT STATEMENT
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PLAINTIFF/PETITIONER: Claire Fahrbach Djamot Gaturov, et al
CASE NUMBER:
CGC-13-533103
DEFENDANT/RESPONDENT:
11. Insurance a. [_] insurance carrier, if a b. Reservation of rights:
C.
ny, for party filing this statement (name):
Yes [7] No 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. TT] 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:
[J Additional cases are described in Attachment 13a. b. [] A motion to [] consolidate L] coordinate wi be filed by (name party):
14. Bifurcation The party or parties intend to file a motion for a Nn order bifurcating, severing, action (specify Moving party, type of motion, a OF coordinating the following issues or causes of nd reasons):
15. Other motions 9 Motions before trial (specify Moving party, type of motion, and issues): pending action, Sleiman Vv. Gafurov, CGC-13-532371
16. Discovery a. L_] The Party or b. The followin parties have completed all discovery.
9 discovery will be completed by the date specified (describe alf anticipated discovery):
Party Description Date Deposition of Plaintiff Deposition TBD Deposition of Defendants Depositions TBD Plaintiff's written discovery to Defendants Pending Defendants’ written discovery to Plaintiff Pending c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify):
OM 140 Rew. sty 1, 2037 CASE MANAGEMENT STATEMENT Page 4 of 5
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PLAINTIFF/PETITIONER: Claire Fahrbach Djamol Gaturov, et al CASE NUMBER:
CGC-13-533103
DEFENDANT/RESPONDENT-:
17. Economic litigation a. [_] This is a limited Civil case (i.e., the amoun of Civil Procedure Sections 90-98 will appl b. [] This is a timited civil case and a motion to withdraw the case from the economic litigation procedures or for additional ifica, discovery will be filed (if checked, explain speci lly why economic litigation procedures relating to discovery or trial Should not apply to this case):
t demanded is $25,000 or less) and the €conomic litigation Procedures in Code Y to this case.
18. Other issues The party or Parties re quest 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 con of Court (if not, explain):
Counsel are working to com Gafurov, CGC-1 3-532371.
ferred with all Parties on all Subjects required by rule 3.724 of the California Rules plete discovery, as well as to consolidate the related matter, Sleiman vy.
20. Total number of Pages attached (if any):
lam 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: January 22, 2014 r
K. Douglas Atkinson > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [-] Additional Signatures are attached.
CMO Fev. dy 1, 2079 CASE MANAGEMENT STATEMENT Page Sots riko
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Fahrbach v. Gafurov, et al., San Francisco Superior Court, Case No. CGC-13-533103 ea © de,
PROOF OF SERVICE
YT UF SERVICE
I, the undersigned, declare:
PLAINTIFF'S CMC STATEMENT DATED 1-22-14
by transmitting on this date before 5:00 p.m. via facsimile the above listed
document(s).
J by placing a true Copy of the document(s) listed above in a sealed envelope, with postage fully Prepaid, into U.S. Mail addressed as set forth below by Causing personal delivery of the document(s) listed above to the person(s) at the address(es) as set forth below.
by Federal Express for delivery the following business day by placing same for collection in a Federal Express Deposit Box/Office to the business address set forth below.
above is true and correct. Executed on | a oa , 2014, at San Francisco,
California.
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Fahrbach v. Gafurov, et al., San Francisco Superior Court, Case No. CGC-13-533103 Counsel for Defendant UBER TECHNOLOGIES INC. [FACSIMILE: (415) 399-8490] John C. Fish Jr., Esq.
Littler Mendelson et al 650 California Street, 20th Floor San Francisco, CA 94108
Counsel for Defendants Gafurov and SF Limo Car Service Corporation [FACSIMILE: (510) 893-1841] Brian McClellan, Esq.
Law Office of Brian McClellan 505 14th Street, Suite 1210 Oakland, CA 94612
Counsel for Defendant Ziad Sleiman [FACSIMILE: (415) 391-6965] Thomas J. Feeney, Esq.
Carbone, Smoke, Smith, Bent & Leonard 505 14th Street, Suite 600 Oakland, CA 94612