ATIORNEY OR PARTY WITHOUT ATIORNEY (Name, State Bar number, and address):
`Ram Fletcher [SBN 240740]
`BOHN & FLETCHER, LLP
`333 W. Santa Clara Street, Suite 620
`San Jose, CA 95113
`FAX NO.(Optiana/) ( 408) 295-2222
`TELEPHONE NO: ( 408) 279-4222
`E-MAIL ADDRESS rfletcher@bohnlaw.com
`ATIORNEY FOR (Name) Plaintiffs
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Cruz
`sTREETADDREss 701 Ocean Street, Room 110
`MAILING ADDRESS:
`c1TY AND z1P coDE Santa Cruz, CA 95060
`BRANCH NAME Civil Division
`PLAINTIFF/PETITIONER: ABEL RODARTE
`and MARCIEL RODARTE
`DEFENDANT/RESPONDENT: CREME DE CANNA
`COLLECTIVE, et al.
`CASE MANAGEMENT STATEMENT
`D LIMITED CASE
`IX) UNLIMITED CASE
`(Amount demanded
`(Amount demanded is $25,000
`exceeds $25,000)
`or less)
`A CASE MANAGEMENT CONFERENCE is scheduled as follows :
`Date: 10/27/2022
`Time: 8:30 a .. m.
`Dept. : 10
`Address of court (if different from the address above):
`
`(Check one):
`
`FOR COURT USE ONLY
`
`CM-110
`
`ELECTRONICALLY FILED
`Superior Court of California
`County of Santa Cruz
`10/10/2022 9:23 AM
`Alex Calvo, Clerk
`By: Helena Hanson, Deputy
`
`CASE NUMBER
`21 CV00289
`
`Div.:
`
`Room:
`
`IX) Notice of Intent to Appear by Telephone, by (name): Ram Fletcher
`
`INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
`
`1. Party or parties (answer one):
`IX) This statement is submitted by party (name): Plaintiffs Abel and Marciel Rodarte
`a.
`b. D This statement is submitted jointly by parties (names) :
`
`2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
`a. The complaint was filed on (date): 02/05/2021
`b. D The cross-complaint, if any, was filed on (date):
`3. Service (to be answered by plaintiffs and cross-complainants only)
`IX) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed .
`a.
`b. D The following parties named in the complaint or cross-complaint
`(1) D have not been served (specify names and explain why not):
`(2) D have been served but have not appeared and have not been dismissed (specify names):
`(3) D have had a default entered against them (specify names):
`c. D The following additional parties may be added (specify names, nature of involvement in case, and the date by which
`they may be served):
`
`4. Description of case
`IX) complaint D cross-complaint
`a. Type of case in
`Personal Injury; Motor Vehicle
`
`(Describe, including causes of action):
`
`Form Adopled for Mandatory use
`Judicial Council ct <lallrornia
`CM-110 [Rev September 1, 2021]
`
`• CE s· 1 Essential
`ceb.com 0 Forms·
`
`CASE MANAGEMENT STATEMENT
`
`Page 1 of 5
`Cal Rules or Court,
`rules 3 720--3.730
`www.courts ca gov
`
`

`

`CASE NUMBER
`21 CV00289
`
`CM-110
`
`PLAINTIFF/PETITIONER: ABEL RODARTE
`and MARCIEL RODARTE
`DEFENDANT/RESPONDENT: CREME DE CANNA
`COLLECTIVE, et al.
`4. b. Provide a brief statement of the case, including any damages. (If 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.)
`On 7/03/2020 Plaintiffs were on State Route I in Watsonville, California when their vehicle was struck by Defendant McIntosh in
`the course and scope of his employment with Defendant Creme de Canna Collective. Before the crash Defendant Pedro Ibarra
`was towing equipment that struck the ground causing a grass fire on the side of the road contributing to the crash. Defendant
`Ralph Ibarra contributed to the crash by making an unsafe maneuver on the side of the road. The collision caused severe injuries.
`D (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
`requesting a jury trial):
`
`IXJ a jury trial D a nonjury trial.
`
`(If more than one party, provide the name of each party
`
`6. Trial date
`a. D The trial has been set for (date):
`IXJ 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
`b.
`not, explain): There are multiple parties and cross-claims.
`
`c . Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
`12/20/22-1 /05/23 vacation; 2/21/23-6/03/23 trial; 3/06/23-3/24/23 trial; 7 /03/23-7 /23/23 trial
`
`f.
`g.
`
`Fax number:
`Party represented :
`
`7. Estimated length of trial
`The party or parties estimate that the trial will take (check one):
`IXJ days (specify number): 10-15
`a.
`b. D hours (short causes) (specify) :
`8. Trial representation (to be answered for each party)
`IXJ by the attorney or party listed in the caption D by the following :
`The party or parties will be represented at trial
`a. Attorney:
`b. Firm:
`c. Address:
`d. Telephone number:
`e. E-mail address:
`D Additional representation is described in Attachment 8.
`9. Preference
`D 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.
`IX) has D has not provided the ADR information package identified
`(1) For parties represented by counsel: Counsel
`in rule 3.221 to the client and reviewed ADR options with the client.
`(2) For self-represented parties: Party D has D has not reviewed the ADR information package identified in rule 3.221 .
`b. Referral to judicial arbitration or civil action mediation (if available).
`(1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
`mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
`statutory limit.
`(2) D 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) D 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]
`aCEB"I Essential
`ceb.com 0Forms·
`
`CASE MANAGEMENT STATEMENT
`
`Page 2 of 5
`
`

`

`PLAINTIFF/PETITIONER: ABEL RODARTE
`and MARCIEL RODARTE
`DEFENDANT/RESPONDENT: CREME DE CANNA
`COLLECTIVE, et al.
`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):
`
`CASE NUMBER:
`21CV00289
`
`CM-110
`
`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):
`
`(1) Mediation
`
`!XI
`
`(2) Settlement
`conference
`
`(3) Neutral evaluation
`
`(4) Nonbinding judicial
`arbitration
`
`(5) Binding private
`arbitration
`
`(6) Other (specify) :
`
`D
`
`D
`
`D
`
`D
`
`D
`
`IXJ Mediation session not yet scheduled
`D Mediation session scheduled for (date):
`D Agreed to complete mediation by (date) :
`D Mediation completed on (date) :
`
`D Settlement conference not yet scheduled
`D Settlement conference scheduled for (date):
`D Agreed to complete settlement conference by (date) :
`D Settlement conference completed on (date):
`
`D Neutral evaluation not yet scheduled
`D Neutral evaluation scheduled for (date):
`D Agreed to complete neutral evaluation by (date) :
`D Neutral evaluation completed on (date) :
`
`D Judicial arbitration not yet scheduled
`D Judicial arbitration scheduled for (date):
`D Agreed to complete judicial arbitration by (date) :
`D Judicial arbitration completed on (date):
`
`D Private arbitration not yet scheduled
`D Private arbitration scheduled for (date) :
`D Agreed to complete private arbitration by (date) :
`D Private arbitration completed on (date):
`
`D ADR session not yet scheduled
`D ADR session scheduled for (date) :
`D Agreed to complete ADR session by (date):
`D ADR completed on (date):
`
`CM-11 O [Rev September 1, 2021 J
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`CASE MANAGEMENT STATEMENT
`
`Paga 3 of 5
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`

`

`PLAINTIFF/PETITIONER: ABEL RODARTE
`and MARCIEL RODARTE
`DEFENDANT/RESPONDENT: CREME DE CANNA
`COLLECTIVE, et al.
`11 . Insurance
`a. D Insurance carrier, if any, for party filing this statement (name):
`b. Reservation of rights: D Yes D No
`c. D Coverage issues will significantly affect resolution of this case (explain) :
`
`CASE NUMBER
`21 CV00289
`
`CM-110
`
`12. Jurisdiction
`Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
`D Bankruptcy D Other (specify):
`Status:
`
`13. Related cases, consolidation, and coordination
`IX) There are companion , underlying, or related cases.
`a.
`(1) Name of case: Villegas v McIntosh
`(2) Name of court: Santa Cruz County Superior Court
`(3) Case number: 22CV01390
`(4) Status:
`D Additional cases are described in Attachment 13a.
`b. D A motion to D consolidate D coordinate
`
`will be filed by (name parly):
`
`14. Bifurcation
`D 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 parly, type of motion, and reasons) :
`
`15. Other motions
`IX) The party or parties expect to file the following motions before trial (specify moving parly, type of motion, and issues):
`Discovery motions and Motions in Limine as necessary.
`
`16. Discovery
`a. D The party or parties have completed all discovery.
`IX) The following discovery will be completed by the date specified (describe all anticipated discovery):
`b.
`Party
`Description
`Plaintiff
`Depositions
`Plaintiff
`Expert Discovery and Depositions
`
`Date
`December 2022
`per code
`
`c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
`anticipated (specify):
`
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`CASE MANAGEMENT STATEMENT
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`Page 4 of 5
`
`

`

`PLAINTIFF/PETITIONER: ABtL RODARTE
`and MARCIEL RODARTE
`DEFENDANT/RESPONDENT: CREME DE CANNA
`COLLECTIVE, et al.
`
`CASE NUMBER:
`21CV00289
`
`CM-110
`
`17. Economic litigation
`a. D 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. D 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
`D The party or parties request that the following additional matters be considered or determined at the case management
`conference (specify):
`
`19. Meet and confer
`IX) The party or parties have met and conferred with all parties on all subjects required by rule 3. 724 of the California Rules of
`a.
`Court (if not, explain):
`
`b. D 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):
`I 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: October 10, 2022
`
`:Z:2---
`,p
`~ __ / ___ I _~ ------=------
`
`Ram Fletcher
`
`(TYPE OR PRINT NAME)
`
`(TYPE OR PRINT NAME)
`
`CM-110 [Rev September 1, 2021]
`
`• cEs·1 Essential
`
`cab.com {!]Forms·
`
`7
`
`'
`
`(SIGNATURE OF PARTY OR ATTORNEY)
`
`~- - -- - - --
`D Additional signatures are attached.
`
`(SIGNATURE OF PARTY OR ATTORNEY)
`
`CASE MANAGEMENT STATEMENT
`
`Page 5 of 5
`
`

`

`Rodarte vs. Creme de Canna Collective, et al.
`Santa Cruz County Superior Court No. 21CV00289
`
`PROOF OF SERVICE
`I am employed in the County of Santa Clara, State of California. I am over the age of 18
`and not a party to the within action; my business address is 333 W. Santa Clara Street, Suite 620,
`San Jose, California 95113. My electronic service address is heather@ bohnlaw.com
`On the below-referenced date, I served the following document(s):
`
`Attorney for Defendant and Cross(cid:173)
`Complainant Ralph Ibarra:
`Dennis F. Moriarty, Esq.
`Stephen Dahm, Esq.
`Cesari, Werner and Moriarty
`7 5 Southgate A venue
`Daly City, CA 94015
`dmoriarty@cwmlaw.com
`sdahm@cwmlaw.com
`jsamp on@cwmlaw.com
`
`CASE MANAGEMENT STATEMENT
`
`Parties Served:
`Attorneys for Defendants and Cross(cid:173)
`Complainants Creme de Canna Collective
`and Garret R. McIntosh:
`Jon A. Heaberlin, Esq.
`Rankin/ Stock/ Heaberlin/ ONeal
`96 North Third Street, Suite 500
`San Jose, CA 95112-7709
`jon@rank i nstock.com
`traci@ rankinst ck .com
`
`Attorney for Defendant and Cross(cid:173)
`Complainant Pedro Ibarra:
`T.J. Murray, Esq.
`Ana M. Davila, Esq.
`Eric Davis, Esq.
`Kem Segal & Murray
`15 Southgate Ave., Ste 200
`Daly City CA. 94015
`tjmunay@kern law.com
`adavila@ kernlaw.com
`edavis@kernlaw.com
`kboni facio@ kernla
`.com
`
`(By Electronic Service) I electronically served the document(s)to the electronic
`X
`address(es) listed above. SERVICE BY ELECTRONIC TRANSMISSION ONLY: Service has
`been performed by e-mailing the document(s) to the persons at the e-mail addresses listed based
`above. No electronic message or other indication that the transmission was unsuccessful was
`received within a reasonable time after the transmission. No objection having been received to
`using electronic mail ONLY for service of documents was/were received from this/these
`addressee( s ).
`
`I declare under penalty of perjury under the laws of the State of California that the
`foregoing is true and correct. Executed at San Jose, California, on October 10, 2022.
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`PROOF OF SERVICE
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`