Claire Fahrbach v. Djamol Gafurov et al Document 16: Case Management Statement

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OM

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet Jan-03-2014 11:20 am

Case Number: CGC-13-533103 Filing Date: Jan-03-2014 11:19 Filed by: KEITH TOM Juke Box: 001 Image: 04328829 CASE MANAGEMENT STATEMENT

CLAIRE FAHRBACH VS. DJAMOL GAFUROV et al

001004328829

Instructions:

Please place this sheet on top of the document to be scanned.

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: CM-110

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ‘| Brian McClellan, SBN 114093 Law Offica of Brian McClellan

505 14th Street, Sulte 1210, Oakland, CA 94612 ef TELEPHONE NO.; 510-457-9840 FAK NO. (Opvona): 510-893-1844 Fk o£ od E-MAIL ADDRESS (Options) San Franciser Cont: Sainerior CQUur ATTORNEY FOR (Name): Dafs,, Diamol Gafurov, SF Limo Car Service Corporation JAN -3 SUPERIOR GOURT OF GALIFORNIA, GOUNTY OF SAN FRANCISCO sneer anoress: 400 McAllister Street CLERK OF THEY.

Le Ne

MAILING ADDRESS: By rw | OiTy ANO ZIPCODE: San Francisca, CA 94102 BSRANGH NAME:

PLAINTIFF/PETITIONER: Claire Fahrbach DEFENDANT/RESPONDENT: Djamol Gafurov; Ziad Sleiman, at al.

CASE MANAGEMENT STATEMENT CASE NUMBER:

(Check one); (] UNLIMITED CASE [1] LIMITeb CASE CGC-13-633103 (Amount demanded (Amount damandad ig $25,000 exceads $25,000) or leas)

A CASE MANAGEMENT CONFERENCE is scheduled as follows:

Bate: January 8, 2014 Time: 10:30 AM Dept: 610 Div.: Room:

Address of court (if different from the address above):

CY] Notice of Intent to Appear by Telephone, by (name): Brian McClellan

INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

1. Party or partles (answer one):

a, (7) This statement is submitted by party (name): Defs., Dlamol Gafurov, SF Limo Car Service Corporation b. [1 This statement is submitted Jointly by parties (namas):

BY FAX

2. Complaint and crosa-complalnt (fo be answered by pleintiifs and cross-complainants only) a. The complaint was filed on (data):

b. [2] The croga-complaint, If any, was filed on (date).

3. Service (to be answered by plaintiffs and cross-compleinants only) a. (C.) allparties named In the complaint and oross-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 nav):

(2) [2] have been served but have not appeared and have not bean dismissed (specify names):

(3) [[_] have had a default entered against them (specify names):

ce. (C) The following additional parties may be added (specify names, nature of invalvement in case, end date by which thay may be served):

4, Description of case a. Typaofcasein C¥] complaint [7] cross-complaint (Describe, including causes of action): Personal Injury

Page ior Fore popes Naren De CASE MANAGEMENT STATEMENT oe eS M-110 {Raw duly 1, 2014] Ww. courls.c8.gav

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CM-110

| PLAINTIFF/PETITIONER: Clalre Fahrbach ee 1h 638408 DEFENDANT/RESPONDENT: Djamol Gafurov; Ziad Sleiman, et al. =i

4. b. Provide a brief statement of the case, Including any damages. (if personel injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future madical axpanses, fost earings to date, and estimated future lost earings. If equitable relief is sought, describe the nature of the relief) Plaintiff was struck by a fire hydrant displaced by defendant Slelman.

(3 (if more space is needed, check this box and attach a page designated ag Attachment 4b.)

§. Jury or nonjury trial The party or partes request C¥_] a jury trial! [7] a nonjury tral. (if more than one party, provida ihe name of each party requesting 4 jury tral):

8, Trial date a. [C_] The trial has been sat for (date):

b, CY] No trial data has been set. This case will be ready for trial within 12 manths of the date of the filing of the complaint (ff not, explain):

c, Dates on which partias or attorneys will not be available for irial (specify dates and explain reasons for unavailability): 4/30/2014: 3/3/2014; 4/21/2014, 5/5/2014; 6/19/2014; 6/2/2014; 6/23/2014; 7/14/2014

7. Eatimated length of trial The party or parties estimate that the tral will take (check one):

a, (7] days (specity number): 7 b. [C_] hours (short causes) (specify):

8, Trial representation (fo be answered for each party) ‘The party or partles will be represented at trial [7] by the attorney or party listed In the caption [_} by the follawing: a, Altornay:

b. Firm:

c. Address:

d. Telephone number: f. Fax number,

6. _&.mall address: g. Party represented:

(_] Additional representation is described In Attachment 8.

9, Preference [] This case Is entitled to praference (specify code section):

10. Alternative dispute resolution (ADR) a. ADR Information package. Please note that different AOR processes ara available in different courts and communities; read the ADR information package provided by the court under rule 3,221 for Information about the processes avallable through the court and community programs In this case.

(1) For parties represented by counsel: Counsel [7 haa (2) heenct provided the ADR Information package identified In rule 3.221 to the client and reviewed ADR options with the client.

(2) For saif-represented patties: Party [7] hes (J has not reviewed the ADR information package identified In rule 3.221. b, Refarral to Judicial arbitration or civil action mediation (|f available).

(1) (7) This matter ig subject to mandatory Judiclal arbitration undar Cade of Civil Procedure section 1141.11 oF to civil action mediation under ode of Civil Pracadure section 1776.3 because the amount in controversy does not exceed the atatutory limit.

(2) (__] Plaintiff elects to refer this cage to judiclal 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 3.611 of the California Rules of Courter from civil action madiation under Code of Civil Procedure section 1776 et seq, (spacify exemption):

Gh-FTO Rev. Jy 1, 2041 CASE MANAGEMENT STATEMENT Page 208

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CM-110

PLAINTIFF/PETITIONER: Claire Fahrbach “DEFENDANT/RESPONDENT: Djamol Gafurov: Ziad Sleiman, et al.

GAGE NUMBER:
CGC-13-533103

10. c. Indleate 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 partias completing thls form are willing to participate In the fallawing ADR processea (check aif that apniy):

If the party or parties completing this form in the case have agreed to participate in or have alraady completed an ADR process or processes, indicate the status of the procasses (aitach @ copy of the partias' ADR Stipulation):

(1) Mediation

ce)

Madiation session not yet scheduled Medlatlon session scheduled for (date): Agread to completa mediation by (date): Mediation completed on (date):

{2) Settlement conference

Settlement confarance not yet scheduled Settlament conference scheduled for (date): Agreed to complete settlement conference by (date):

Setilament conference completed an (date):

(3) Neutral evaluation

. Neutral evaluation not yat scheduled

Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date):

Neutra! evaluation completed on (dafa):

(4) Nonbinding Judicial arbitration

Judicial arbitration not yet scheduled

Judicial arbitration scheduled far (date):

Agreed to complete judicial arbitration by (date). Judicial arbitration completed on (data):

(5) Binding private arbitration

Private arbitration not yet schedulad

Private arbitration scheduled for (date):

Agreed to complete private erbltration by (data); Private arbitratlon completed on (date):

(8) Other (specify):

OOO0;OOCO;O000;0000;}O0U00;00U8

ADR seasion not yet scheduled

ADR session scheduled for (date):

Agreed to complete ADR session by (dade). ADR completed on (date):

ON-110 [Rev July 1. 2044]

CASE MANAGEMENT STATEMENT

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PLAINTIFF/PETITIGNER: Glaire Fahrbach CARE NUMGER; y : C-13-6331 DEFENDANT/RESPONDENT; Djameol Gafurov; Ziad Sleiman, et al. CGC-13-633103

11, Insurance a. Ingurance carrler, If any, for party fling this statement (name): Scottsdale Insurance Company b. Reservation of rights: | Yes No c. {__] Coverage issues will significantly affect resolution of this case (explain): 12, Jurisdiction indicate any matters that may affect the courts Jurisdiction or processing of this casa and describe the statua. (—] Bankruptcy ("_] Other (specify):

Status:

13, Related cases, consolidation, and coordination s. CZ] There are companion, underlying, or related cases.

(1) Name of case: Sleiman vs. San Francisco Limo

(2) Name of court: San Francisco Superior

(3) Case number: CGC-13-532371

(4) Statua: Trial date In October 20, 2014 [__] Additional cases are described In Attachment 13a.

b. CcdAmotionto (J consolidate [[] coordinate will be filed by (name party):

14. Blfureation [=] The party or partles Intend to file a motion for an order blfureating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons):

15, Other motions [7] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16, Digcovery a. [__] The party or parties have completed all discovery.

b, The following discavery will be completed by the date specified (describe ai! anticipated discovery): Party Rescription Date SF Limo Depose Sleiman 2/2014 Depose Fahrback 2/2014 Complate obtaining Fahrbach medical records on going independent Medical Examination 5/2014 c, [7] The following diacovery Issues, including issues ragarding the discovery of electronically stored information, are anticipated (speci):

in order to avoid multiple depositions of the same parties consolidation with the case of Sleiman vs. SF Limo would be appropriate.

CM-740 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of &

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PLAINTIFF/PETITIONER: Claire Fahrbach CASE NUMBER:

_ GC-13-53310

DEFENDANT/RESPONDENT, Djamol Gafurov; Ziad Slelman, et al. CGC-13-883108

17, Economic litigation a, (2) This Js a limited civil case (1.e., the amount demanded Is $25,000 or less) and the economic litigation proceduras In Coda of Civil Procedure saotlons 90-98 will apply to thie cage.

b. [(_] Thi fs @ limited clvil case and a motion to withdraw tha case fram the economic litigation procedures oF for additional discovery will ba filed (if chacksd, expiain specifically why economic Itigation procedures relating to discovery or trial should not anply fo this case):

18. Other Issues [_] The party or parties request that the following additional matters be considered or determined at the case management confarance (specify):

49, 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 (ff not, exptain):

b. After meeting and conferring as required by rule 3,724 of the California Rules of Court, the partles agree on the fallawing (specify):

20. Total number of pagas attached (if any): 0 lam completely familiar with this case and will be fully preparad to discuss the status of discovery and alternative dispute readlution, as well ag other Isaues raised by this statement, and will possess the authority to enter Into stipulations on thesé issues at the time of the case management conference, Including the written authority of the party where required.

Date: January 2, 2044 Brian McClellan i (TYPE OR PRINT NAME) en _GHIGNATURE OF PARTY OR ATTORNEY) > (TYPE OR FRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) C _] Additional elgnatures are attached.

GM-110 [Rav July 1, 2044] CASE MANAGEMENT STATEMENT Maga bots

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vs, Gafurove, ef al.

San Francisco County Superior Court Case No,; CGC-13-532371 PROOF OF SERVICE J am over the age of eighteen (18) years and not a party to the within action; my business address is Law Office of Brian McClellan, 505 — 14" Street, Suite 1210, Oakland, CA 95612. Lam readily familiar with the business practice of Law Office of Brian McClellan of collecting and processing of pleadings and correspondence for mailing and depositing with the United States Postal Service that same day in the ordinary course of business; so that on the date indicated below, I served the following document(s): CASE MANAGEMENT CONFERENCE STATEMENT on the parties in said cause, by placing a true copy thereof enclosed in a sealed envelope, addressed as ollows:

Sara M. Peters, Esq. John C. Fish, Jr., Esq.

L/O Walkup, Melodia, Kelly & Schoenberger Andrew Spurchise, Esq.

650 California Street, 26" Floor Littler Mendelson et al.

San Francisco, CA 94108 650 California Street, 20" Floor Telephone: 415-981-7210 San Francisco, CA 94108-2693 Facsimile: 415-391-6965 Telephone: 415-399-8438 Email: speters Zwalkuplawoffice.com Facsimile: 415-473-6639 Attorney for Plaintiff, Zaid Sleiman Email: aspurchise@littler.com Attorney for Defendant, Uber K, Douglas Atkinson, Esq. Technologies, Inc.

Atkinson & Associates 710 Central Avenue San Francisco, CA 94117 Telephone: 415-793-7819 Facsimile: 415-440-7819 Email: douaPaceident ash com Attorney for Plaintiff, Claire Fahrbach

wi (By Mail) I placed a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid. I deposited said envelope in the United States Mail in the City of Oakland, County of Alameda, California.

Oo (By Hand) I placed a true copy thereof enclosed in a sealed envelope, I caused such envelope to be delivered to the offices of the addressee.

C (By Overnight Courier) I sent a true copy thereof enclosed in a sealed envelope to be delivered to UPS for overnight courier service to the office(s) of the addressee(s). 0 (By Facsimile) I sent a true copy thereof via telephone facsimile transmission to the following number(s) and a hard copy to follow by mail.

Oo (By Electronic Mail) A true.PDF version of the aforementioned document was transmitted via email, Executed on January 3, 2014, at Oakland, California.