Statement Case Management Conference

Cal. Super. - 6th Dist.December 14, 2017

(Check one): CASE NIANAGEMENT STATEMENT UNLIMITED CASE H LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) AlTORNEY OR PARTY Wl TROUT ATTORNEY (Name, Sfefe Sar numdsr and address(: David C. Anderson, Esq., SBN 83146; Andrew W. Ratto, Esq., SBN 314227 Anderson Law 591 Redwood Hwy., Building 4000, Mill Valley, CA 94941-3039 TELEPNONENOn 415 395-9898 FAN NO (Op(fane(3415 395-9839 E.MAIL ADDRESS (Oplfonef: ATToRNEY F0R (NameX Plaintiff Kyle Babineau SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREETADDRESR 191 N. 1st Street MAILING ADDRESS: cITYANDzIPcooE: San Jose CA 95113 SRANDNNAME: Unlimited I LAIPITIFF/r ETiTioNER: Kyle Babineau DEFENOANT/REST ONOESITI Cambridge Management Company, et al. FOR COURT USE ONLY CASE NUMBER; 17CV320513 CM-110 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 16, 2020 Time: 10:30 am Address of court ((f different from lhe address above): Dept.: 6 Divd Room: Notice'of Intent to Appear by Telephone, by (name)( David C. Anderson, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the speci6ed information must be provided. 1. Party or parties (answer one): a. ~v This statement is submitted by party (name)( Plaintiff b. ~ This statement is submitted jointly by parties (names)( 2. Complaint and crosswomplsint (lo be snswefed by p/aint//fs and cfoss-comp(ainanls only) a. The complaint was flied on (date)( 12/14/17 b. ~ The crossNmmplaint, if any, was filed on (dale)( 3. Service (lo bs answered hy p/a/n(/ffs and cross-comp(a(nanls only) a. M~ All 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 (1) ~ have not been served (specify names snd explain why not)( (2) M 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 (spec(fy names, nature ofinvolvementin case, and date by which fhey may he served): 4. Description of case a Type of case irl K complaint H cross-complaint (Describe, including causes of ac(ion)( Personal injury, premises liability, slip and fall. Form Adopted far Mandalmy Use Judioal Counol af Caldomia CM-I IS (Res. July I, 2011] CASE MANAGEMENT STATEMENT Pace 1 ot 3 Cal. Rules of CourL ndas 3.723.3.73S uew nnrrrla na Snu Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/26/2020 3:43 PM Reviewed By: System System Case #17CV320513 Envelope: 4207550 17CV320513 Santa Clara - Civil System System PLAINTIFF/PETITIONER; Kyle Babineau DEFENDANT/RESPONDENT; Cambridge Management Company, et al. CASE NUMBER 17CV320513 CM-110 b. Provide a brief statement of the case, including any damages. (Ifpersons/ injury damages sre sought, specify the injury and damages claimed, including medical expenses to date jindicafe source and amount), estimated future medical expenses, lost earnings to date, end estimated future lost earnings. If equitable relief is sought, descnbe Ihe na/ure of fhe relief) See Attachment 4b. (If more than one party, provide the name of each party CH (If more space is needed, check Ibis box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request Hv s jury trial H a nonjury trial. reques/ing e jury tnel): Trial date a. ~ The trial has been set for (date): b. ~v 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/a/n): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unave//sbl/ity): 2020 Trials: 7/1 3; 11/1 0; 12/20. 2021 Trials: 1/21; 3/29 Estimated length of trial The parly or parties estimate that the trial will take (check one): a. ~v days (spec/fy number): 5-7 b. ~ hours (short causes) (specify): Trial representation (to be answered for each par/yj 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 (Spec//y code secllon): 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 K has H has not provided the ADR information package idenfified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party C3 has M has not reviewed the ADR information package identified in rule 3.221. 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 the 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 110 isev. Jetv 1, 2011) CASE MANAGEMENT STATEMENT 0 Be2 etB 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 sre willing to participate in, have agreed to participate in, or have already participated in (check ah lhsf apply snd provide the spec/bed inlormalion): The party or parties completing this form are willing to participate in the following ADR processes (check ah that apply)r 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 (allsch a copy of the parties'DR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date)r Mediation completed on (dale): 12/3/19-did not settle (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (dale): Agreed to complete settlemsnt conference by (dale): Settlement conference completed on (dale): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): Agreed to complete neutral evaluation by (dale): Neutral evaluation completed on (dale): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (dale): Judicial arbitration completed on (dale): (5) Binding private arbitration Prilvate arbitration not yet scheduled Private arbitration scheduled for (dale): Agreed to complete private arbitration by (dale): Private arbitration completed on (dale): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (dale): Agreed to complete ADR session by (dale): ADR completed on (dste): Cel-110 IReu July 1. 201 1I CASE MANAGEMENT STATEMENT Pege2 elg PLAINTIFF/PETITIQNER: Kyle Babineau DEFENDANT/REsPQNDENT: Cambridge Management ComPany, et al. CASE NUMBER: 17CV320513 CM-11ll 11.insurance a. ~ Insurance carrier, if any, for party filing this statement (name)r b. Reservation of rights: M Yes H No c. ~ Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any maNers that may affect the court's jurisdiction or processing of this case and describe the status.H Bankruptcy H Other (specify)r Status: 13. Related cases, consolidation, and coordination~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. M A motion to H consolidate ~ coordinate will be filed by (nsme 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 adion (specify moving party, type ofmotion, end reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, snd issues): 16. Discovery a. ~v The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date speciTied (describe all anticipated discovery): Party Descriiotion Date Plaintiff Plaintiff Plaintiff Interrogatories and Request for Production Depositions Expert Discovery done done Per Code c, ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify) 1 CM-1 14 IRuu. July 1, 241 1 I CASE MANAGEMENT STATEMENT Puee 441 4 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 Sled (if checked, explain specifically why economic litigation procedures relating lo discovery or trial should nof apply lo this case): 18. Other Issues~ The party or parties request that the following additional matters 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 (il nol, explain): b. After meeting and confemng 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 (il sny)/ 1 I sm 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: March 26, 2020 David C. Anderson, Esq. ITYPE OR PRINT NAME) SIGNATURE OF PA/STY OR ATTORNEY) ITYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 IRou. July I, 20 1 I ) CASE MANAGEMENT STATEMENT Poso S of S SHORT TITLE: Babineau v. Cambridge Management Co., et al. CASE NUMBER: 17CV320513 MC425 ATTACHMENT (Number)I 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 constructive 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 of his body. Penn Approved for Opeonel Uee Judldel Coundl of Ceefomle M C420 (Rev. July l, 2009] ATTACHMENT to Judicial Council Form (if the item that this Attachment concerns is made under penalty ofperjury, all statementsin this Attachment are made under penalty ofperjury.) page 1 ot 1 (Add pages as reguired) www dowenfo oe pov I Babineau v. Cambridge Management Company, et al. 2 Santa Clara County Superior Court Case No. 17CV320513 3 PROOF OF SERVICE [C.C.P. 5 1013, C.R.C.tj 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 al. 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 925 734-0990 Fax: 925 734-0888 twalker@claoomoronev.corn maodov@clanomoronev.corn Attys for 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 Declaration was executed on March 26, ALEC RATTO 27 28 PROOF OF SERVICE