Tzuhsin Yang v. Julia Kim et al Document 20: Statement: Case Management Conference

Superior Court of California, County of Santa Clara
Case No. 19CV349841
Filed September 30, 2019

Case Management Statement

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Page 1 190VSanta Clara —
Civil
System System
.— .
ATrOHNEY on PARTY WITHOUT ATTORNEY (Name,
State Bar number,
(SBN 222187); Tomasz
ROSENFELD, LLP
Jeffrey M. Rosenfeld
KRONENBERGER
E-MAILADDRESS
No.:
(Optional):
(SBN 312620)
CA
15o Post St, Suite 520, San Francisco,
TELEPHONE
|
R. Barczyk
41 5-955-1
FAX No.
(Optional):
.
CM-1 1 O
.
cw”
Rewewed
41 5-9554 1
By: SYStem SyStenn
case #1 9CV
jeff@krinternetlaw.com; tomasz@krinternetlaw.com
ATTORNEY FOR(~ame): Plaintiff
MO
E
°f CA’
by SUpemr
C°unty °f santa Clara:
°" 9/30/2019 9:20 AM
and address):
EnVGIOPe:
Tzuhsin Yang
SUPERIOR COURT 0F CALIFORNIA, COUNTY OF Santa Clara
STREETADDRESS; 191 N. 1st St.
MAILING ADDRESS:
AND ZIP CODE:
CITY
BRANCH NAME:
191 N_ 1st St.
San Jose CA 951 Downtown Superior Court
PLAINTIFF/PETITIONER: Tzuhsin
DEFENDANT/RESPONDENTS
Yang
Julia Kim, et
8|.
CASE MANAGEMENT STATEMENT
E
UNLIMITED CASE
(Amount demanded
(Check one):
LIMITED
Address of court
(if
different
Dept:
Room:
Civil
All
applicable boxes
Tomasz
R. Barczyk
must be checked, and the specified information must be provided.
Party or parties (answer one):
a.
b.
E
This statement
is
submitted by party (name):
This statement
is
submitted jointly by parties (names):
Tzuhsin Yang
Plaintiff
Complaint and cross-complaint (to be answered by plaintiffs and cross—complainants
a.
The complaint was filed on (date): October 30, 201 b.
3.
Div.:
from the address above):
INSTRUCTIONS:
2.
$25,
scheduled as follows:
is
Time: 3:45 p.m.
Notice of Intent to Appear by Telephone, by (name):
1.
is
or less)
A CASE MANAGEMENT CONFERENCE
October 15,
19CV
CASE
(Amount demanded
exceeds $25,000)
Date:
CASE NUMBER:
E
E
E
Service
a.
b.
The cross-complaint,
if
any,
was
filed on (date):
be answered by plaintiffs and cross-complainants
(to
All
panies
The
(1)
(2)
(3)
The
c.
D
E
E
named
in
only)
only)
the complaint and cross-complaint have been sewed, have appeared, or have been dismissed.
following parties
named
the complaint or cross-complaint
in
have not been served (specify names and explain why not):
have been served but have not appeared and have not been dismissed (specifi/ names):
have had a
default entered against
foliowing additional parties
may be added
them
(specify names):
(specifi/
names, nature of involvement
in
case,
and date by which
may be served):
The identities of anonymous defendants John Does 2-20 have not been discovered. Upon
defendants' identities, Plaintiff will amend the complaint and serve defendants.
they
4.
Description of case
Type 0f case in
a-
Plaintiff
E
complaint
has asserted a claim
for
cross—complaint
(Describe, including
discovering
causes ofaction}:
defamation against Defendants.
Page1 o! Form Adopted
for
Mandalory Use
Judicial Council of California
CM-1
[Rev. July

,
2011]
CASE MANAGEMENT STATEMENT
Cal. Rules
ofCoun.
rules 3720—
www.cauns.ca.gav
Page 2 CM-11O
_
1QCV
.
.
DEFENDANT/RESPONDENT:
4.
CASE NUMBER
PLAINTIFF/PETITIONER: Tzuhsin Yang
Julia Kim, et
al.
Provide a brief statement of the case, including any damages. (lfpersonal injury damages are sought, special the injury and
claimed, including medical expenses to dare [indicate source and amount], estimated future medical expenses, lost
b.
damages
and estimated
earnings to date,
future lost earnings.
If
equitable relief is sought, describe the nature of the
relief.)
alleges that Defendants have published numerous false and defamatory statements about Plaintiff on the
internet on so—caHed "shaming websites.“ Plaintiff has asserted a claim for defamation and seeks general
Plaintiff
damages
E
5.
(If
more space
Jury or nonjury
The party or
is
needed, check
a jury
date
'E
The
as well as punitive damages.
etc.,
box and attach a page designated as Attachment 4b.}
this
E
trial
parties request
requesting a jury
6.
embarrassment, shame, humiliation,
for loss of reputation,
trial
a nonjury
(lfmore than one party, provide the
trial.
name
of each party
trial):
Trial
a.
No
b.
trial
has been setfor
date has been
trial
(date):
This case
set.
will
be ready
for
trial
within
months
of the date of the filing of the complaint
{if
not, explain):
This
7.
E
b.
Doe
lawsuit
that the
will
trial will
SF;
in
not
it
will
be ready
be available
for
trial
for
trial
within
(specify dates
12 months oftransfer
and explain reasons
to this court.
for unavailabi/iw):
take (check one):
days (specifi/ number): 4-hours (short causes) (specify):
representation
Trial
The
party or parties
a.
Attorney:
(to
will
be answered
for
be represented
E
trial
by the attorney or party
b
Firm:
Address:
d.
Telephone number:
f.
E
E
E-mail address:
g.
Additional representation
is
E
each party)
at
c
e
9.
as a
filed
Estimated length of trial
The party or parties estimate
a.
8.
was
Dates on which parties or attorneys
c.
described
in
Attachment
listed in
the caption
by the following:
Fax number:
Party represented:
8.
Preference
This case
10. Alternative
a.
entitled to preference (specify
code
section):
dispute resolution (ADR)
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
(1)
and community programs
(2)
in
this case.
For parties represented by counsel: Counsel
in rule
b.
is
3.221 to the client and reviewed
For self-represented parties: Party
E
D
m
has
E D
has
(2)
(3)
"2m”
(if
provided the
ADR
information package identified
ADR
information
package
identified in rule 3.221.
available).
This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory
limit.
elects to refer this case to
Procedure section 1141 .1 1.
Plaintiff
Civil
judicial arbitration
and agrees
to limit recovery to the
amount
specified
This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from
mediation under Code of Civil Procedure section 1775 et seq. (special exemption):
CRC
CM'WIRSV'JU'V
has not
client.
has not reviewed the
Referral to judicial arbitration or civil action mediation
(1)
E
ADR options with the
3.
(b)(
)
Prayer for non-frivolous equitable
civil
in
Code
of
action
relief
CASE MANAGEMENT STATEMENT
“399“”
Page 3 CM-CASE NUMBER:
PLAINTIFF/PETITIONER: Tzuhsin Yang
_
DEFENDANT/RESF’ONDENT:
10. c.
1QCVJulia Kim, et al_
Indicate the ADR process or processes that the party or parties are willing to participate
have already participated in (check all that apply and provide the specified information):
The
this
party or parties completing
form are willing to
participate in the following
ADR
processes (check all that apply):
If
in,
have agreed to participate
the party or parties completing this form
participate
in
or
indicate the status of the processes (attach
or
the case have agreed to
in
have already completed an
in,
ADR
process or processes,
a copy of the pan‘ies'ADR
stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1)
Mediation
DUDE
Agreed
to
complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2)
Settlement conference scheduled for (date):
Settlement
conference
DUDE
Agreed
to
complete settlement conference by
(date):
Settlement conference completed on (date):
Neutral evaluation notyet scheduled
Neutral evaluation scheduled for (date):
(3)
Neutral evaluation
DUDE
Agreed
to
complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet
(4)
Nonbinding
Judicial arbitration
judicial
scheduled
scheduled
for (date):
DUDE
arbitration
Agreed
to
complete
Judicial arbitration
judicial arbitration
completed on
by (date):
(date):
Private arbitration not yet scheduled
(5)
Private arbitration scheduled for (date):
Binding private
DUDE
arbitration
Agreed
to
complete private arbitration by (date):
Private arbitration completed
(6)
Other (specify):
ADR session
not yet scheduled
ADR session
scheduled
ADR
1,

(date):
for (date):
DUDE
Agreed
CM-1 10 [Rem July
on
to
complete
completed on
ADH session
by
(date):
(date):
Page
CASE MANAGEMENT STATEMENT
of 5
Page 4 CMfllQ
.
1QCV
.
Julia Kim, et
DEFENDANT/RESPONDENT:
E
E
CASE ”UMBER:
Tzuhsin Yang
PLAINTIFF/PETITIONER:
al.
Insurance
11.
a.
Insurance
E
carrier,
c.
Coverage issues
E
any, for party
if
Reservation ofrights:
b.
will
Yes
filing this
statement (name):
No
significantly affect resolution of this
case
(explain):
12. Jurisdiction
E
Indicate
E
any matters that may
Bankruptcy
affect the court's jurisdiction or processing of this
case and describe the
status.
Other(specify):
Status:
13.
m
Related cases, consolidation, and coordination
There are companion, underlying, or related cases.
a.
{2)
Name
Name
{3)
Case number:
{4)
Status:
(1)
m
E
b,
E
of case:
Tzuhsin Yang
of court:
Superior Court 0f California, County of San Francisco
motion
John Does 1-
CGC—1 8-
Transferred to Santa Clara Superior Court
Additional cases are described
A
v.
to
E
in
Attachment 13a.
consolidate
E
coordinate
will
be
filed
by (name 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
15.
moving party, type of motion, and reasons):
Other motions
The
party or parties expect to
file
the following motions before
trial
(special
moving party, type of motion, and issues):
Motions to compel discovery as necessary and after meeting and conferring with Defendant's counsel;
may file a motion for leave to amend her complaint.
16.
E
Plaintiff
Discovery
a.
b.
The
party or parties
The
following discovery
have completed
Pam
will
all
discovery.
be completed by the date specified {describe
all
Date
Plaintiff
Written discovery
Plaintiff
Depositions of defendant and
Plaintiff
Expert discovery
Plaintiff
Document subpoenas
c.
E
CM-110 [Rem
The
anticipated discovery):
Description
third parties
to third parties
Per the code
Per the code
Per the code
Per the code
following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
July 1.2011]
CASE MANAGEMENT STATEMENT
Page
o! 5
Page 5 CM-1
_
Tzuhsin Yang
PLAINTIFF/PETITIONER:
Economic
a.
b.
18.
19.
E
a'-
litigation
[j This
E
19CV
.
.
JUNa Klm: et
DEFENDANT/RESPONDENT;
17.
CASE NUMBER:
is
of Civil
a
limited civil case (i.e., the amount demanded is $25,000 or
Procedure sections 90-98 will apply to this case.
less)
and the economic
litigation
procedures
in
Code
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):
This
Other issues
party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The
Meet and confer
a.
The party or
of
b.
Court
(if
After meeting
{speciM
20. Total
parties
have met and conferred with
all
parties on
all
subjects required by rule 3.724 of the California Rules
not, explain):
and conferring as required by
rule
3.724 of the California Rules of Court, the parties agree on the following
.'
number
of
pages attached
{if
any):

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, 201
Tomasz

R. Barczyk
(TYPE
OR PRINT NAME)
(TYPE
OR PRINT NAME)
W W,
(SIGNATURE OF PARTY 6R ATTORNEY)
b
CM-110[Hev.July1.2011]
E
(SIGNATURE 0F PARTY 0R ATrORNEY)
Additional signatures are attached.
CASE MANAGEMENT STATEMENT
Page50f
Page 6 MC-CASE NUMBER:
SHORT TITLE:
_ Yang v.,Kim,
19CV
et a1.
ATTACHMENT (Number): 13a
(This
Aflaohment may be used
Name of case: Tzuhsin Yang v. Peony Lin
Name of coult United States District Court,
District
with
any Judicial Council form.)
ofNew Jersey
Case number: 2: 1 9-cv—08534-ES-MAH
Status: Pending
(/f
the item that this Attachment concerns
is
made under penalty of perjury,
all
statements
Attachment are made under penalty of perjury.)
chfi'ezszés'09cazzm
Mc-ozslfiev.JuIy1.2009]
in this
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