Statement Case Management ConferenceCal. Super. - 6th Dist.December 14, 2017ATTORNEY OR PARTY WITHOUT ATTORNEY IName, Sfsts Ser numaer, end arfdressf: David C. Anderson, Esq., SBN 83146 Anderson Law 591 Redwood Hwy., Building 4000, Mill Valley, CA 94941-3039 TELEPHONE NOJ 415 395-9898 FAX NO. (OPdrmelf: 41 5 395-9839 E-MAIL ADDRESS (Oplfonelfr ATroRNEY FoR INamsx plaintiff Kyle Babineau sUPERloR coURT oF GALIFoRNIA, coUNTY oF Santa Clara sTREETADDREse 191 N. 1st Street MAILING AODRESR cITYANDZIPDDDE: San Jose CA 95113 ERANDHNAME: Unlimited PLAINTIFF/PETITIQNER: Kyle Babineau DEFENDANT/REsPoNDENT'ambridge Management ComPany, et al. CASE MANAGEMENT STATEMENT (Check one)f IH UNLIMITED CASE H LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) FOR COURT USE ONLY CASE NUMBER: 17CV320513 CM-110 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Sept. 24, 2020 Time: 10:30 am Dept.: 6 Address of court (if different from the address above): Div.: Room: ~v Notice of Intent to Appear by Telephone, by(name): David C. Anderson, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~o'his statement is submitted by party (neme): Plaintiff b. ~ This statement is submitted jointly by parties (names)f 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 12(14)17 b. ~ The cross-complaint, if any, was filed on (date): 3. Service (fo be answered by plaintfffs and cross-compiainants only) a. M~ Afi parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (I ) M have not been served (specify names and explain why not): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a Type of case irl M& complaint H cross-complaint (Describe, including causes of action): Personal injury, premises liability, slip and fall. Form Ado plod for Mandalory Use Judidal Coundl of Csafomie CM-1 10 IRev. July I, 2011I CASE MANAGEMENT STATEMENT Paae1 of 0 Cal. Rules of Court, rules 3.720-3.730 wee. so fr r to.oa.Sou Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/2/2020 9:18 AM Reviewed By: System System Case #17CV320513 Envelope: 4868441 17CV320513 Santa Clara - Civil System System PLAINTIFF/PETITIONER- Kyle Sabineau DEFENDANT/RESPONDENT; Cambridge Management ComPany, et al. CASE NUMBER: 17CV320513 CM-110 b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injury snd damages claimed, including medical expenses to date (indicate source and amount), esf/mated future medical expenses, lost earnings to date, and estimated future last earnings. Ifequitable relief is sought, descnbe the nature of the relief) See Attachment 4b. (If more than one party, provide the name of each party (If more space is needed, check this bax snd attach a page designated as Attachment 4b.) Jury or nonjury trial The pariy or parties request K a jury trial M a nonjury trial. requesting a jury trial): 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, exp/sin): c. Dates on which parties or attorneys will not bs available for trial (specify dates and explain reasons for unavailability): 2020 Trials: 10/5; 12/7; 12/21. 2021 Trials: 1/21; 4/8; 5/10. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~& days (specify number): 5-7 b. ~ hours (short causes) (specify): Trial representation (to be answered for each partyj The party or parties will be represented at trial ~v 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 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 lX has H has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) Forself-representedpartiesxPartyC3 has H has not reviewedtheADRinformationpackageidentifiedinyule3.221. 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 mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed ths statutory limit. (2) ~ 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) ~v 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): Amount in controversy exceeds jurisdictional limits CM-1 10 IReu. July 1, 2011i CASE MANAGEMENT STATEMENT Pese201S PLAINTIFF/PETITIONER: Kyle Babineau EFENDANT/REsPONDENT: cambridge Management Company, et al. ! CASE NUMBER: 17CV320513 CM-110 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 a/I that apply and pmvide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (cneck a/I that apply): If the parly 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'DR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (dale): Agreed to complete mediation by (date): Mediation completed on (date): 12/3/19-did not settle (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (dsfe)i Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date)i Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date)i Agreed to complete judicial arbitration by (date)i Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date)i Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date)i Agreed to complete ADR session by (date): ADR completed on (date): CM.110 IReu. July 1, 20u] CASE MANAGEMENT STATEMENT Pese 0 010 PLAINTIFF/PETITIQNER: Kyle Babineau DEFENDANT/REsPoNDENT: Cambridge Management Company, et al. CASE MUMEEE: 17CV320513 rM-11n 11. Insurance a. ~ Insurance camer, if any, for party filing this statement (name): b. Reservation of rights: M Yes H No c. ~ 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.M Bankruptcy H Other (specify): Status: 13. Related cases, consolidation, and coordination a ~ There are companion, underlying, or related cases. (I) Name of case: (2) Name of court: (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. H A motion to H consolidate ~ 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 moving party, type of motion, and reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ~v The party or parties have completed afi discovery. b. ~ The following discovery will be completed by the date specified (describe ell anticipated discovery): Parsy Descnotion Date Plaintiff Interrogatories and Request for Production done Plaintiff Depositions done Plaintiff Expert Discovery Per Code c, ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 Ineu. July 1, 2011I CASE MANAGEMENT STATEMENT Pese 4 410 PLAINTIFF/PETITIQNER: Kyle Babineau DEFENDANT/REsPoNDENT Cambridge Management Company, et al. CASE NUMBER: 17CV320513 CM-110 17. Economic litigation a. ~ 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. ~ 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 fo this case): 18. Other issues~ The party or parties request that the following additional maNers be considered or determined at the case management conference (specify): 19. 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 (if nof, 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)i 20. Total number of pages attached (if any): 1 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 wditten authority of the party where required. Date: September 2, 2020 David C. Anderson, Esq. ITYPE QR PRINT NAME) ITYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 IRuy. July 1. 2011I CASE MANAGEMENT STATEMENT Pssu 6 or 8 SHORT TITLE: Babineau v. Cambridge Manageinent Co., et al. CASE NUMSER: 17CV3 20513 MC%25 ATTACHstIENT (Number): 4b (This Attachment may be used with any Judicial Council form.) Plaintiff is a 32 year old San Jose Police Department officer who was responding to a domestic disturbance call at 2189 McLaughlin Ave., San Jose, CA, at approx. 1am on 12/15/15. As he descended a stairway leading to a parking area, he was unable to see the steps due to lack of adequate lighting and fell. The steps lacked friction strips making them unreasonably slippery. On information and belief, Defendant had actual and/or consnuctive notice and/or knowledge of the dangerous conditions. Defendant failed to take reasonable and adequate actions to eliminate or warn of these conditions. Defs also failed to have a reasonable and effective property inspection, maintenance, and management program, and/or competent staff or third third party contractors to protect persons using the stairwell. Plaintiff sustained severe injuries to his legs, back, and other parts ofhis body. Poop Approved lor Cpuoeel Uee Judurel Couodl ot Ceufomie MC.020 IRev. July l, 200PI ATTACHMENT to Judicial Council Form (if the item that this Attachment concemsis made under penalty ofperjury, all statementsin this Attachment are made under penalty ofperj ury ) Page 1 ct 1 (Add pages as required) www.ooudfefeee.pov I Babineau v. Cambridge Management Company, et ai. Santa Clara County Superior Court Case No. 17CV320513 2 3 PROOF OF SERVICE [C.C.P. li 1013, C.R.C.II 2008, F.R.C.P. Rule 5] 4 I am over the age of eighteen years, not a party to this action and I am employed within the County of Marin. My business address is 591 Redwood Hwy., Building 4000, Mill Valley, CA 94941-3039. On the date set forth below, I served document(s) described as: 7 PLAINTIFF'S FURTHER CASE MANAGEMENT STATEMENT 8 in the manner indicated below and upon the individuals in the serve list. 9 10 12 13 14 15 BY FIRST CLASS MAIL: I am readily familiar with my firm's practice for collection and processing of correspondence for mailing with the United States Postal Service, to-wit, that correspondence will be deposited, postage prepaid, with the United States Postal Service, this same day, within the ordinary course of business of the law firm. BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). X ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail address(es) listed during the Coronavirus (Covid-19) pandemic, this office will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. 16 17 18 19 20 21 Timothy A. Walker, Esq. Clapp, Moroney, Bellagamba, et a!. 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 925 734-0990 Fax: 925 734-0888 twalker@claoomoronev.corn maodov@clanomoronev.corn Attysfor Cambridge Management Company 22 23 I declare under penalty of perjury under the laws of the State of California that the 24 foregoing statements are true and correct and that this D 1 t'd on September 2, 2020, at Mill Valley, CA. 25 27 RSON 28 PROOF OF SERVICE
