Statement Case Management ConferenceCal. Super. - 6th Dist.October 6, 2017ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Kathryn C. Klaus 205923 Coddington, Hicks & Danforth 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065 TELEPHONE NO.: (650) 592 - 5 4 00 FAX NO. (Optional) (650) 5 92 - 5027 E-MAILADDRESS(Optional):kklaus@chdlawyers.com ATTORNEY FOR (Name): Defendants Amy Cha.n and Mark }\bbott SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: San Jose, California 951 1 3 CITY AND ZIP CODE: BRANCH NAME PLAINTIFF/PETITIONER: Martha Al vare z DEFENDANT/RESPONDENT: Amy Chan, Mark Abbott, et al. FOR COURT USE ONL Y ! I I I I CASE NUMBER: CASE MANAGEMENT STATEMENT (Check one): QQ UNLIMITED CASE 0 LIMITED CASE 17CV3169 16 (Amount demanded exceeds $25,000) (Amount demanded is $25,000 or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 27, 2019 Time: 10: 3 0 a . m. Dept. : 2 Div. : I Address of court (if different from the address above): I QQ Notice of Intent to Appear by Telephone, by (name): Kathryn C . KI a us Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. D This statement is submitted by party (name): Defendants Amy Chan and Mark Abbott b. 0 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): b. 0 The cross-compiaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) CM-110 a. 0 All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. 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) 0 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. 0 The following additionai parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Type of case in IX) complaint 0 cross-complaint (Describe, including causes of action): Complaint for damages, pe r sonal injury . Form Adopted for Mandatory Use Judicial Council of California CM_oj 10 [Rev. july 1, 20111 CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Court, rules 3.720-3.730 wwwcourts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/24/2019 12:23 PM Reviewed By: System System Case #17CV316916 Envelope: 3044501 17CV316916 Santa Clara - Civil System System CM-110 PLAINTiFF/PETITiONER:IVlartha Al varez CASE NUMBER: 17CV316916 DEFENDANT/RESPONDENT: Amy Chan, Mar k Abbot t, 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.) o (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 W a jury' trial 0 a nonjury trial. requesting a jury trial): (If more than one party, provide the name of each party 6. Trial date a. D The trial has been set for (date): b. (XI No trial date has been set. This case wil! be ready for tria! 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. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. IX) days (specify number): 5 - 7 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial !Xl by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Te!ephone number: f. Fax number: e. E-mail address: g. Party represented: o 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel W has D 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 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) 0 Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civii Procedure section 1141.11. (3) 0 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. July 1, 2011) CASE MANAGEMENT STATEMENT Page 2 of 5 ern-, ~~enti~ ceb.com ~~JFonns CM-110 PLAiNTIFFiPETiTIONER:Nartha Al varez CASE NUMBER: 17CV316916 DEFENDANT/RESPONDENT:Arny Chan, Nark Abbott, 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): (1 ) Mediation (2) Settlement conference --- (3) Neutral evaluation (4) Nonbinding judicial arbitration I (5) Binding private arbitration I I I (6) Other (specify): I I CM-110 [Rev. July 1,2011] Cr1-1 E ntiaJ CL~~ o Fcrms' I Th . . e party or parties completing this form are willing to participate in the following ADR processes (check all that apply): !XI IX) D D D D I I lf 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 siaius of the processes (attach a copy of the parties' ADR stipulation): o Mediation session not yet scheduled IX) Mediation session scheduled for (date): 9 / 5/2 01 9 D Agreed to complete mediation by (date) : D Mediation completed on (date): IX) 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 scheduied for (date): I D Agreed to complete judicial arbitration by (date): I U Judicial arbitration completed on (date): I 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): I I D ADR session not yet scheduled I D AOR session scheduled for (date): I D Agreed to complete ADR session by (date): D ADR completed on (date): CASE MANAGEMENT STATEMENT Page 3 of 5 J I I I I PLAINTIFF/PETITIONER:lvIartha Al vare z CASE NUMBER 17CV316916 DEFENDANT/RESPONDENT: Amy Chan, Mark Abbott, et al. 11. Insurance a. /Xl Insurance carrier, if any, for party filing this statement (name): CSAA- IE b. Reservation of rights: DYes 0 No c. 0 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. 0 A motion to 0 consoiidate 0 coordinate 14. Bifurcation will be filed by (name party): CM-110 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 party, type of motion, and reasons): 15. Other motions o The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. W The following discovery will be completed by the date specified (describe all anticipated discovery): Party Defendants De f endants De f endants Description Written Discovery Plaintiff's Deposition Expert Discovery Date Ongoing Complete Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (speciiy): CM-110 [Rev. July 1. 2011) C[BOI' Essential ceb.com m forms' CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAiNTiFF/PETiTIONER: Martha Al varez DEFENDANT/RESPONDENT: Amy Chan, Mar k Abbot t, et al. 17. Economic litigation a. 0 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. 0 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 reiating to discovery or trial should not apply to this case): 18. Other issues W The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties have agreed t o us e Dave Samuelson as a mediator. The mediati on was set but plaintiff recently disclosed f o r the first time that she had also been tre ating at Stanfo rd . I n order t o allow time t o obtain those documents, the mediation was continued to S epteIT~er 5, 2019 . 19. Meet and confer a. !XI 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): I am completely familiai 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 req ired. Date: June 24, 2019 Kathryn r . K l rill .C::: CM-110 [Rev. July 1, 2011) crB~ I Essential cetcom ill Fo!'ms' (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) ~--~~~--------- ~ ------------------------------------------------ (SIGNATURE OF PARTY OR ATTORNEY) o Additional signatures are attached. CASE MANAGEMENT STATEMENT Page 5 of 5 Attachment 6c Case Management Statement Trial Dates I I September 9; 2019 to September 13, 2019 I September 16,2019 to September 20,2019 I I February 3,2020 to February 7, 2020 I ~ b 1~ ~A~A F b -4 -~-O ~e ruary ~,LULU to e ruary 'L ,'LU'L September 30, 2019 to October 4, 2019 February 24, 2020 to February 28,2020 October 7, 2019 to October 11,2019 ~Aay 1, 2020 to ~Aay 5, 2020 October 14, 2019 to October 18, 2019 June 15, 2020 to June 29, 2010 October 21,2019 to October 25,2019 August 10,2020 to August 14, 2020 October 28,2019 to November 1, 2019 October 13, 2020 to October 17, 2020 November 4,2019 to November 8, 2019 November 12, 2019 to November 16,2019 December 2, 2019 to December 6, 2019 January 20,2020 to January 24,2020 CourtCalr Cour Call Appearance - Service Copy 6383 Arizona Circle Los Angelos, CA 9004S Phone: (888) 882. 6818 Fax: (888) 883~2946 CourtCali.com This document shall serve as notice of a CourtCali Appearance by the participant listed below in the referenced case. Others wishing to appear remotely should contact CourtCall, LLC at (888) 882-6878 or (310) 342-0888, Kathryn C. Klaus Coddington, Hicks & Danforth Tel: (650) 592-5400 Fax: (650) 592-5027 Case Name: Martha Alvarez vs. Amy Chan, et al. Case Number: 08-17CV316916 Court Name: Santa Clara County Superior Court eCA) Dept/Judge: 2 / Judge Mark H. Pierce Proceeding: Mediation Status Review Date/Time: Thursday, June 27th, 2019 at 10:30 AM PT Note: this is not a Confirmation of your CourtCall Appearance. Each participant must make his or her own arrangements with CourtCali. While clients can save money and Courts can become more efficient and generate revenue, CourtCaU has the most impact upon practicing attorneys as it helps to give them their lives back. Attorneys can use the time they save using CourtCall to catch-Up on other pressing matters, enjoy time with family and friends or otherwise take advantage of the time no longer spent traveling to and from Court. Call us for details. There are no subscriptions or equipment to buy. COURTCALL VIDEO IS HERE! CourtCali is equipping Courtrooms of interested Judges with its state-of-the-art, browser-based video conferencing platform, enabling full video participation for traditional CourtCali Appearances . Lawyers only need a computer with sufficient bandwidth and a webcam to view and/or share video in accordance with a Judge's preferences. To learn more about video options, please ask a CourtCa" representative. The foregoing information may have been obtained from court records which may not reflect recent calendar changes. If it is inaccurate because your appearance has been continued, please app!y this information to the new date. If the matter is off calendar, involvement in not wish to you have no the case or you do use this service, please disregard this notice. Do not call the Court Clerk. Our representatives are available to make presentations for your firm, your c:lients, Bar Associations or other groups. Please call to schedule a presentation. Remote Appearances. Simplified. CourtCali Appearances are available for over 2,000 Judges nationwide, with additiona l Courts being monthly. Please visit our website at www.courtcall.com for a complete list of participating Courts and across the US, Canada and other jurisdictions. added Judges NOTFD [C5] SERVICE COPY FOR COURTCALL® APPEARANCE Copyright © 2019 CourtCall, LLC. All Rights Reserved. 1 2 3 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) 4 I, the undersigned, declare that I am employed in the County of San Mateo, State of 5 California. I am over the age of eighteen (18) years and not a party to the within action. My 6 business address is 555 Twin Dolphin Drive, Suite 300, Redwood Cirj, California 94065. ~fy 7 electronic mail address is Eva@chdlavlyers.com. 8 I am readily familiar with my employer's business practice for collection and processing 9 of correspondence and documents for mailing with the United States Postal Service, mailing via 10 overnight delivery, transmission by facsimile machine, and delivery by hand. 11 On June 24, 2019, I served a copy of each of the documents listed below by placing said 12 copies for processing as indicated herein. 13 CASE MANAGEMENT STATEMENT; 14 15 16 17 18 19 20 II 21 I 22 23 24 25 26 "",., LI 28 II II X COURTCALL APPEARANCE - SERVICE COpy United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. Overnight . Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regularly maintained by the overni~ht delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. Facsimiie Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the rarty or attorney to be served at the facshuile Dlachine telephone nu. mber provided by said party or attorney, on t:bis same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 1 2 3 4 5 ~ II 8 9 State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/ or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or proceeding in vlruch it is filed, in the manner provided in Califorr.a1a Rule of Court Rufe 2.257(a). Federal. The reC1p1ent of this electronic service has consented to this method of service in writing~ a copy of which is on file and available for inspection in my employer's office. I have received no indication the electronic transroission did not reach ~ the recipient. PERSONS OR PARTIES SERVED: Andrew L. Johnson, Esq. 10 Bennett & Johnson, LLP 1901 Harrison Street 11 Suite 1600 12 13 14 15 1C 1U 17 18 19 20 Oakland, CA 94612 Telephone: Facsimile: E-mail: (510) 444-5020 (510) 835-4260 andrew@bennettjohnsonlaw.com I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that tl-Iis declaration was executed on June 24, 2019. Eva Oliveira Court: Superior Court of California, Santa Clara County 21 Action No: 17CV316916 22 23 24 2511 26 27 28 Case Name: Alvare~ Martha v. Chan
