Statement Case Management ConferenceCal. Super. - 6th Dist.December 14, 2017ATTORNEY OR PARTY WIMOUTAITORNEYfuame, Sfets Sar number, end ammmsl. David C. Anderson, Esq., SBN 83146; Andrew W. Ratto, Esq., SBN 314227 Anderson Law 591 Redwood Hwyu Building 4000, MillValley, CA 94941-3039 TELEpnoNE Noc 415 395-9898 rnx No. Iopema0: 415 395-9839 E.MAILADDRESS fopdcnelx ATroRNEY FGR IN I: Plaintiff Kyle Babin eau sUPERI0R coURT oF cALIFCRNIA,coUNTY oF Santa Clat'a STREETADDRESS: 191 N. 1st Street MAILINGADDRESS: cITYANDzIPcoDE: San Jose CA 951 13 swwcu wutEr Unlimited PLAINTIFF/PETITIQNER: Kyle Babineau oEFENCANT/RESPoNOENT: Cambridge Management Company, et al. CASE MANAGEMENTSTATEMENT (Checkone)J H3 UNLIMITEDCASE ~ LIMITEDCASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) FOR COURT USE ONLY CASE NUMBER: 17CV320513 CM-110 A CASE MANAGEMENTCONFERENCE is scheduled as follows: Date: July 11, 2019 Time: 10:30 am Dept.: 9 Address of court (ifdifferenl from lhe address above): Div.: Room: Notice of Intent to Appear by Telephone, by (name)r David C. Anderson, Esq. INSTRUCTIONS: Allapplicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one)J a. ~i This statement is submiNed by party (name) I Plaintiff b. ~ This statement is submitted jointly by parties (names)J 2. Complaint snd cross~mptalnt (lo be answered by plainliffs and cmss-comp/ainants only) a. The complaint was filed on (dale) I 12/14/17 b. ~ The cross-complaint, ifany, was filed on (date) I 3. Service (lo be answered by plaintiffs and cross-complainanls only) a. ~X Afi parfies 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) M have not been served (specify names and explain why not): (2) M 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, and date by which they may be served) I 4. Description of case Type of case irl HF complaint M cross-complaint (Deeense, including causes of scbon): Personal injury, premises liability, slip and fall. Form Adopted Nr M and a tery Use Judicial Council of Caldornia DM-110 IRe . July I, 2011I CASE MANAGEMENTSTATEMENT Pane 1 of 0 CM. Ruua ot Coun, ndes 3.220-3 T30 uu .co fa a.doc Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/21/2019 11:43 AM Reviewed By: System System Case #17CV320513 Envelope: 3038649 17CV320513 Santa Clara - Civil System System PLAINTIFF/PETITIONER; Kyle Babineau DEFENDANT/REspoNDENT; Cambridge Management Company, et al. CASE NUMBER: 17CV320513 CM-1 10 b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify Ihe injury snd damages claimed, inc/udlng medical expenses Io date (indicate source snd smounij, estimated future medical expenses, lost earnings Io date, and estimated fuiufs lost earnings. Ifequitable relief is sought, describe the nature of the relief) See Attachment 4b. (Ifmore than one perry, provide the name ofeach party (Ifmore space is needed, check this box snd eitech a page des/gnsted ss Affschment 4b.) Jury or nonjury trial The party or parties request Z] a jury trial H a nonjury trial. requesting a jury trial): Trial date a. ~ The trial has been set far (date): b. H3 No trial date has been set. This case will be ready for trial within 12 months of the date of the filingof the complaint (if noi, explain): c. Dates on which parties or attorneys will not be available for trial (specify dales snd explain reasons for uneveiisbi/ity): 2019 Trials: 8/8 28 (DCA veca); 9/1 6; 12/20. 2020 Trials: 1/6; 1/1 3; 1/27; 2/1 0; 2/1 8; 2/25; 4)27; 5/11. Estimated length of trial The party or parties estimate that the trial will take (check one): a. EQ days (spec/fy number): 5-7 b. ~ hours (short causes) (specify): Trial representation (Io be answered for each parry) The party or parties will be represented at trial ~ 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 addressx 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 snd 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 IX 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) For self-represented parties: Party C3 has H has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (ifavailable). (1) ~ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141,11 or to civil action mediatian under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ Plaintiffelects to refer this case to judicial arbitration and agrees to limitrecovery to the amount specified in Cade of Civil Procedure section 1141.11. (3) ~ 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. (speci/y exemption): Amount in controversy exceeds jurisdictional limits CM-110 IR& .July 1,2011i CASE MANAGEMENTSTATEMENT 0&0&2 ui 0 PLAINTIFF/PETITIONER: Kyle Babineau EFENDANT/RESPONDENT: Cambridge Management Company, et al. ! CASE NUMBER: 1TCV320513 CM-110 10. c. Indicate the ADR process or processes that ths 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): The party or parties completing this form are willing to participate in the following ADR processes (check sll that apply): Ifthe party or parties completing this form in the case have agreed to participate in or have already completed sn ADR process or processes, indicate the status of the processes (attsch a copy of the parties'DR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): See No. 18 herein Agreed to complete mediation by (date): Mediation completed on (dale): (2) Settlement conference D3 Settlemsnt conference not yet scheduled Settlement conference scheduled for (dste): Agreed to complete settlement conference by (dale): Settlement conference completed on (dste): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (dale): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (dale): 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 (dais): Private arbitration completed on (dale): (6) Other (Specify): ADR session not yet scheduled ADR session scheduled for (dais): Agreed to complete ADR session by (dste): ADR completed on (dste): CM-110B14 .J lf1,30ffi CASE MANAGEMENTSTATEMENT POSO 3 of 0 PLAINTIFF/PETITIONER: Kyle Babineau DEFENOANTIREsPDNDENT: Cambffidge Management Company, et al. 11. Insurance a. M Insurance carrier, ifany, for party filing this statement (nsme): b. Reservation of rights: C] Yes C3 No c. ~ Coverage issues willsignificantly affect resolution of this case (explain)J CASE RUMEER. 17CV320513 DM 116 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. C] Bankruptcy W Other (specify): Status: 13. Related cases, consolidation, snd coordination a, ~ 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. C] 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 ofmotion, end reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (specilymoving party, type ofmotion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (descn'be sll anticipated discovery): Party Descriotion Date Plaintiff Interrogatories and Request for Production Aug., 2019 Plaintiff Depositions Oct., 2019 Plaintiff Expert Discovery Per Code c ~ The following discovery issues, including issues regarding ths discovery of electronically stored information, are anticipated (specify): CM.110 IRee. July 1, 2011I CASE NIANAGEMENTSTATEMENT Page ~ at 0 PLAINTIFF/PETITloNER: Kyle Babineau DEFENDANT/REsPoNDENT Cambridge Management Company, otal. CASE NUMBER: 17CV320513 CM-110 17. Economic litigation a. ~ This is a limited civil case (i.s., the amount demanded is $25,000 or less) and ths economic litigation procedures in Code of Civil Procedure sections 90-98 willapply 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 willbe filed (ifchecked, explain specifically why economic iii/gstion piocedums rs/sling lo discovery or trial should nol apply to this case): 18. Otherissues H3 The party or parties request that the following additional matters be considered or determined at the case management conference (speci/y)i Mediation was scheduled on 6/14/19 before Matthew Conant, ADR Services, Oakland, but was taken off calendar by agreement of the parties as plaintiffneeded a surgical consultation by neurosurgeon Ken Light, MD, and his report is not finalized as of the date of this Statement. It is believed defense counsel will also want to schedule an Independent Medical Exam prior to rescheduling Mediation. 19. Meet and confer s. MThe party or parties have met and conferred with sll parties on all subjects required by rule 3.724 of the California Rules of Court (i/not, explain)i b. After meeting and confemng as required by rule 3.724 of the California Rules of Court, ths parties agree on the following (specify)i 20. Total number of pages attached (ifsny)i 1 I sm completely familiar with this case and will be fullyprepared to discuss the status of discovery and alternahve 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: June 20, 2019 David C. Anderson, Esq. ITYPE OR PRINT NAME) (SIGNATUREbF PARTY OR A)TORSEYF PY PE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-11 0 Bleu. July I, 2011) CASE MANAGEMENTSTATEMENT Page 0 af 0 SHORT TITLE.'abineau v. Cambridge Management Co., et al. CASERUMEER: 17CV320513 MCW25 ATTACHMENT(Number)f 4b (This Attachment may be used with any Judicial Council form.) Plaintiffis 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 tiiction 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. Plaintiffsustained severe injuries to his legs, back, and other parts ofhis body. (lfIhe item that this Attachment concerns is made under penalty ofpedury, all ststemenls in this Attachment are made under penally ofperjury ) Page 1 ot 1 (Add pages as required) Eorm Applovad MfCplionaf Uau Judiaal Counal of Cahfomia MCJJ20 [Rav. July l, 2009I ATTACHMENT to Judicial Council Form 1 Babineau v. Cambridge Management Company, et al. 2 Santa Clara County Superior Court Case No. 17CV320513 3 PROOF OF SERVICE [C.C.P. tj 1013, C.R.C.$ 2008, F.R.C.P. Rule 5] 4 I am over the age ofeighteen years, not a party to this action and I am employed within the County ofMarin. Mybusiness address is 591 Redwood Hwy., Building 4000, MillValley, CA 94941-3039. On the date set forth below, I served document(s) described as: 7 CASE MANAGEMENTSTATEMENT 8 in the manner indicated below and upon the indi 9 viduals in the service list. 10 X 12 BY FIRST CLASS MAIL: I am readily familiar with my firm's practice for collection and processing ofcorrespondence for mailing with the United States Postal Service, to-wit, that correspondence willbe deposited, postage prepaid, with the United States Postal Service, 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 the offices of the addressee(s). 15 16 17 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 ofCivilProcedure section 1010.6(a)(2). 19 20 21 22 23 Christopher J. Beeman, Esq. Adrianne C. Duncan, 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 24 25 I declare under penalty ofperjury under the laws of the State ofCalifornia that the foregoing statements are true and correct and that this Declaration was executed on June 21, 2019, at MillValley, CA. U.,~ M~ VICTORIALAMERDIN PROOF OF SERVICE