Statement Case Management ConferenceCal. Super. - 6th Dist.December 14, 2017ATTORNEY OR PARTY WITHOUT ATTORNEY fName, Stem Sar number, end addressl. David C. Anderson, Esq., SBN 83146; Andrew W. Ratto, Esq., SBN 314227 Anderson Law 591 Redwood Hwy., Building 4000, Mill Valley, CA 94941-3039 TELEPHONE NO I 415 395-9898 FAZ NO fopmnmf 415 395-9839 E-MAIL ADDRESS foplfenafl ATTDRNEYFDR fmamaf Plaintiff Kyle Babineau sUPERloR coURT oF cALIFoRNIA, couNTY QF Santa Clara sTREETADOREss 191 N. 1st Street MAILING ADDRESS GITYANozIPODDE San Jose CA 95113 '"""'" "" 'nlimited PLAINTIFF/PETITIQNER: Kyle Babineau DEFENDANT/REsPQNDENT: Cambridge Management ComPany, et al. FOR COURT USE ONLY CM-110 CASE MANAGEMENT STATEMENT CASE NUMEER (Check one): H3 UNLIMITED CASE ~ LIMITED CASE 17CV320513 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 17, 2019 Time: 10:30 am Dept.: 9 Divz Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name)f 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. C43 This statement is submitted by party (name): Plaintiff b C3 This statement is submitted jointly by parties (names)f 2. Complaint and crosswomplsint (lo be answered by plaintiffs end cross-complainanls only) a. Thecomplaintwasfiledon(dale): 12(14(17 b. ~ The cross-complaint, if any, was filed on (dale): 3. Service (lo be answered by plaintiffs and cross-complainanls only) a. ~E Afi parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. C3 The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and explain why nol): (2) C3 have been served but have not appeared and have not been dismissed (speci/y 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, snd date by gvh/ch they may be served): 4. Description of case a Type of case in H3 complaint ~ cross-complaint (Descn'be, including causes of ec//on)f Personal injury, premises liability, slip and fall. Form Adopted tor Mandatorf Use Judroel Council of Calnomia CM-110(Rev Julr1,2011I CASE MANAGEMENT STATEMENT Page I or 3 Cal. Rmes ot CourL rules 3 7200 730 wnw coons ca gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/4/2019 2:22 PM Reviewed By: System System Case #17CV320513 Envelope: 3482354 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. (Ifpersonal injury damages are sought, spew/y the injury and damages claimed, including medical expenses Io date /indicate source and amounl), estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of Ihe relief) See Attachment 4b. (If more than one party, provide the name of each party (If more space is needed, check this box and attach a page designated as Attachment sb ) Jury or nonjury trial The party or parties request Z3 a jury trial Cl a nonjury trial. requesting a jury trial): Trial date a. ~ The trial has been set for (date): b. CQ 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 nof, explain): c. Dates on which parties or attorneys will not be available for trial (spew/y dates and explain reasons for Unava//abi/I/y): 2020 Trials: 1/1 3; 1/27; 2/1 8; 2/25; 4/27; 5/1 1; 12/1 5. 2021 Trials: 1/21; 3/29 Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~ days (speci/y number): 5-7 b. ~ hours (short causes) (specify): Trial representation (to be answered /or each party) The party or parties will be represented at trial ~ by the attorney or parly 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. Preference This case is entitled to preference (spec/fy 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 CZ 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-representedparties: Party& has H hasnot reviewedtheADRinformationpackageidentifiedinrule3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ~ This matter is subiect 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) ~ 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 [Ref July 1,2011I CASE MANAGEMENT STATEMENT Page 2 of 2 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 all lhet apply and provide the specified infonna/ion): 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 pahies'DR stipulation): (I) Mediation Mediation session not yet scheduled CZ3 Mediation session scheduled for (dale). 12/3/1 9 Agreed to complete mediation by (dale): Mediation completed on (dale): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement 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 Private 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 (date): Agreed to complete ADR session by (dale): ADR completed on (dale): CM-110(Reu July 1,20ffl CASE MANAGEMENT STATEMENT Pege 0 ei 0 PLAINTIFF/PETITloNER; Kyle Babineau DEFENDANTJRESPDNDENT; Cambridge Management Company, et al. CABENVMBER 17CV320513 OM-11n 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: H 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.~ Bankruptcy H Other (specify): Status: 13. Related cases, consolidation, and coordination a ~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court; (3) Case number: (4) Statusxi~ Additional cases are described in Attachment 13a. b. C] A motion to H consolidate ~ coordinate will be filed by (name party): 14. Bifurcation C3 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 ofmotion, and reasons): 15. Other motions~ The party or parties expect to file the fallowing motions before trial (specify moving parry, type of morion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (descrtbe all anticipated discovery): ~Pa Descriotion 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 IRsv. July 1, 2011I CASE MANAGEMENT STATEMENT P404 4 uf 6 PLAINTIFF/PETITIQNER: Kyle Babineau DEFENDANT/RESPDNDENT 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 M 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 (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): 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: Oct. 4, 2019 David C. Anderson, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARIY OR ATTORNEY)~ Additional signatures are attached. CM-110 (Rev JMT I, 2011) CASE MANAGEMENT STATEMENT Peso 0 or 0 SHORT TITLE: Babineau v. Cambridge Management Co., et al. CASE NUMBER. 17CV320513 MC425 ATTACHINENT (Number): 4b (This Attachment may be used with any Judicial Council form.) Plaintiff is a 32 year old San Jose Police Department offtcer 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 &iction 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. Pmm Approved for Cplronal Uae Judroal Counol of Calrfomra McJfgd (Rev July 1, 2005I ATTACHMENT to Judicial Council Form (lf the item that this Attachment concerns is made under penalty ofperjury, all statements in this Attachmenl are made under penalty ofpejrury.) page 1 ot 1 (Add pages as required) www.coumnro ca gov I Babineau v. Cambridge Management Company, et ai. 2 Santa Clara County Superior Court Case No. 17CV320513 3 PROOF OF SERVICE [C.C.P. $ 1013, C.R.C.$ 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: PLAINTIFF'S FURTHER CASE MANAGEMENT CONFERENCE STATEMENT (for Mediation Status hearing) 9 in the manner indicated below and upon the individuals in the serve list. 14 17 10 X BY FIRST CLASS MAIL: I am readily familiar with my firm's practice for collection and 11 processing ofcorrespondence for mailing with the United States Postal Service, to-wit, that correspondence will be deposited, postage prepaid, with the United States Postal Service, 12 this same day, within the ordinary course ofbusiness of the law firm. BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand this date to 13 the oftices of the addressee(s). BY ELECTRONIC SERVICE: Upon stipulation and agreement of the parties, I caused said documents to be served electronically by utilizing File and Serve Xpress through this Court. Parties served are noted on the transaction receipt generated by File and Serve Xpress. Electronic service is undertaken consistent with Code of Civil Procedure section 16 1010.6(a)(2)- 18 19 20 21 22 Timothy A. Walker, Esq. Clapp, Moroney, Bellagamba, et al. 5860 Owens Drive, Suite 410 Pleasanton, CA 94588 925 734-0990 Fax: 925 734-0888 Attysfor Cambridge Management Company 23 I declare under penalty ofperjury under the laws of the State of California that the 24 foregoing statements are true and correct and that this Declaration was executed on October 4, 25 2019, at Mill Valley, CA. 26 '7), w VICTORIA LAI0IERDIN 27 PROOF OF SERVICE
