Statement Case Management ConferenceCal. Super. - 6th Dist.May 10, 2018ATTORNEY OR PARTY WITHOUT ATTORNEY fName, Stele Sernumlmr, end address) David C. Anderson, Esq., SBN 83146; Anderson Law 591 Redwood Hwy., Bldg. 4000 Mill Valley, CA 94941 TELEPHoNE Noa 415 395-9898 FAX NO. Iapdoneli: E-MAILAOORcss rope at: admintffidcandersanlaw.corn ATTORNEYFORINamei: Plaintiff KaSi Shah, a minOr by 8 thrOugh GAL EIVia Shah SUPERIDR coURT oF cALIFDRNIA, coUNTY oF Santa Clara smEETACCREssr 191 N. First Street MAILING AOORESS: cITYANozlPcooE: San Jose CA 95113 ERANOH NAME: Unlimited PLRINTIFFJPETmDNER: Kasi Shah, a minor, by and through GAL Elvis Shah DEFENDANT/REsPQNDENT: East Side Union High School District, et al. FOR COURT USE ONLY CM-110 (Check one): CASE MANAGEMENT STATEMENTK UNLIMITED CASE H LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) CASENUMSER: 1 8CV32811 3 A CASE MANAGEIIIENT CONFERENCE is scheduled as follows: Date: March 23, 2021 Time: 10:00 am Dept.: 8 Divu Room: Address of court (if diffefenl from the address above): Notice of Intent to Appear by Telephone, by (name)1 Gene Halavanau, Esq. (SBN 267280) INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Parly or parties (answer one): a. ~& This statement is submitted by party (name)l Plaintiff Kasi Shah, a minor, by and through GAL Elvia Shah b. ~ This statement is submitted)ointly by parties (names): 2. Complaint and crosswomplaint (to be answered by plainliffs snd cross-complainanls only) a. The complaint was filed on (date): May 10, 2018 b. ~ The cross-complaint, if sny, wss filed on (date): 3. Service (lo be answered by plaintiffs end class-camplainants 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) M have not been served (specify names and explain why not)f (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 fallowing additional parties may be added (specify names, nature of involvement in case, snd date by which they mey be served): 4. Description of case a. Type of case in ~p complaint H cross-complaint (Descn'be, including causes of action)l See Addendum 4a attached hereto. Form Adopled fot Mandalary Use Judidal Coundl of Caa'amia cM-110 Slee. July I, 201 1I CASE MANAGEMENT STATEMENT Paso 1 af 0 Cal. Rules of Courl, rules 3.720-3.130 uww. Corrrta. Credos Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/8/2021 11:57 AM Reviewed By: System System Case #18CV328113 Envelope: 5983650 18CV328113 Santa Clara - Civil System System PLAINTIFF/PETITIONER; Kasi Shah, a minor, by and through GAL Elvis Shah 18CV328113 DEFENDANT/RESPONDENT; East Sids Union High School District, et al. CM-110 b. Provide a brief statement of the case, including any damages. (Ifpersonal Injury damages are sought, specify the injury end damages claimed, including medical expenses to date (indicate source and amount), eslimeted future medical expenses, lost earnings to date, snd estimated future Iosl earnings. If equitable reiiefis sought, describe the nature of the relief) Complaint arises out of students'ttack on Plaintiff causing serious injuries, school district failure to prevent attack and allsgss negligence, IIED, NIED, assault & battery, violation of CA Gov't Code Sec. 815.2 & 820, Education Code Ssc. 220, et ssq., violation of the Bane Act (Civil Cods Ssc. 52.1), and other causes. (If more than one party, provide the name ofeach party (If more space is needed, check this box and attach s page designated as Attachment 4b.) Jury or nonjury trial The party or parties request Wv a jury trial H a nonjury trial. requesting ej ury tris/): Trial date a. ~ Thetrial has been setfor(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, explain): c. Dates on which parties ar aitomeys will not be available for trial (specify dates and explain reasons for unavailability): Anderson Triials in 2021: 5/1 0; 5/1 7; 7/26; 8/1 0; 10/1 8; 11/8; 12/1 6. Halavanau Trials in 2021: 5/3; 6/7; 6/21; 8/30; 9/1 3. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~v days (specify number): 7-10 b. ~ hours (short causes) (specify): 10. Trial representation (to be answered for each party) The party or parties will be represented at trial ~v by the attorney or party listed in the caption ~ by the fallowing: a. Attorney: and by co-counsel Gene Halavanau, Esq. (SBN 267280) b. Firm: c. Address: 150 Post Street Suite 600, San Francisco, CA 94108 d. Telephone number. 415.692.5301 f. Fax number: e. E-mail address: gsnetffihalavanau.corn g. Party represented Ca-Counsel for Plaintiff Additional representation is described in Attachment 8. Preference This case is entitled to preference (specify code section): 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 M 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 H has H 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 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) ~ Plainfiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount speciTied in Code of Civil Procedure section 1141.11. (3) ~v This case is exempt from judidal 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): Amount in controversy exceeds jurisdictional limits Cel-115 (Reu. July 1, 2011I CASE MANAGEMENT STATEMENT Page 1 of 5 PLAINTIFF/PETITIONER: Kasi Shah, a minor, by and through GAL Elvis Shah EFENDANT/RESPONDENT: East Side Union High School District, et al. 18CV328113 10. c. Indicate the ADR process or processes that the party or parges are willing to participate in, have agreed to participate in, or have already participated in (check sll that apply and provide the speciifed information): The parly or parties complegng 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 parties'ADR slipulalion): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (dale): Mediation completed on (dale): (2) Settlement conference ~v Settlement conference not yet scheduled Settlement conference scheduled for (dale): Agreed to complete settlement conference by (dste): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dste): Agreed to complete neutral evaluation by (dale): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (dste): Agreed to complete judidal arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (dale): Agreed to complete ADR session by (dale): ADR completed on (dale): CM-110 Inev. July 1, 3011I CASE MANAGEMENT STATEMENT Pase3315 PLAINTIFF/PETITloNER: Kasi Shah, a minor, by and through GAL Elvis Shah DEPENDANTIRfisi oNDENT: East Side Union High School District, et al. CASE NUMBER: 18CV328113 OM.11n 11.insurance a. ~ Insurance carrier, if sny, for party filing this statement (name): b. Reservation of rights: H Yes C3 No c. ~ Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the courfs jurisdiction or processing of this case and describe the status.H Bankruptcy C] Other (specify): 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. C] A motion to H consolidate H coordinate will be filed by (neme 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, snd reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (specify moving party, type of mofion, and issues): 16. Discovery a. ~ The party or parbes have completed all discovery. b. ~ The following discovery will be completed by the date specified ~part Descriotion Plaintiff Written discovery Plaintiff Depositions Plaintiff Expert Discovery (describe all enlicipeted discovery): Date completed June 2021 Per Code c, ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are antisxpated (speafy). CM. \ 10 lxev. July i, 241 \] CASE MANAGEMENT STATEMENT Page 4 of 4 PLAINTIFF/PETITIQNER: Kasi Shah, a minor, by and through GAL Elvia Shah DEFENDANT/REsPoNDENT: East Side Union High School District, et al. CASE NUMSER: 18CV328113 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, C7 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 spec)fically why economic litigation procedures relating lo discovery or trial should nol apply lo this case)2 18. Other issues~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify)2 19. Ifteet and confer s. ~ 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 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 (ll eny)) 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 written authority of the party where required. Date: March 8, 2021 David C. Anderson, Esq. PYPE OR PRINT NAME) )SIGNATURE OF PARTY OR ATTORNEY) ITYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 IRAY. July I, 20) I) CASE MANAGEMENT STATEMENT PMM S of 0 SHORT TITLE; Shah v. East Side Union High School District, et al. CASE NUMBER: 18CV328113 MC-025 ATTACHMENT (Number): 4a (This Attachment mey be used with any Judicial Council form.) COMPLAINT FOR DAMAGES 1. Negligence 2. Intentional Infliction of Emotional Distress 3. Negligent Infliction of Emotional Distress 4. Negligence 5. Assault 6. Battery 7. Negligence 8. Intentional Infliction of Emotional Distress 9. Statutory Liability for Willful Acts of a Minor (Civ. Code I'I 1714.1) 10. Civil Conspiracy 11. Violation of California Government Code IIII 815.2 and 820 12. Violation of Education Code I'I220, et seq. 13. Negligent Hiring, Retention, and Supervision 14. Violation of Bane Act (Civ. Code (I 52.1) Foml Aoorouod fm Couonal Uae Judldel Coundl of Collfomla MCJCS IReu. July 1. 0000I ATTACHMENT to Judicial Council Form (lf theitem that this Attachment concerns is made underpenalty ofperjury, all statementsin this Attachment ara made under penalty of pej rory) Page 5 ol 6 (Add pages as required) www.oourunm.na.uou I Kasi Shah v. East Side Union District High School, et al. 2 Santa Clara County Superior Court Case No. 18CV328113 3 PROOF OF SERVICE [C.C.P. 5 1013, C.R.C.li 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 City and 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 the following document(s): 6 PLAINTIFF'S FURTHER CASE MANAGEMENT CONFERENCE STATEMENT 7 in the manner indicated below and upon the individuals in the service list. 8 10 BY FIRST CLASS MAIL: I am readily familiar with my ffirm'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. 12 13 14 15 X ONLY BY ELECTRONIC TRANSMISSION: Emailing document(s) to the persons at the e-mail address(es) listed herein based on notice previously provided that 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. The document(s) will be deemed served unless an electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 16 17 18 19 20 21 22 23 Law Office of Gene Halavanau 150 Post Street, Suite 600 San Francisco, CA 94108 415 692-5301 Fax: 415 692-8412 Rene halavanau.corn Co-Counsel for Plaintiff Estefaui Herrera, In Pro Per 658 Albanese Circle San Jose, CA 95111 408 457-4907 Adam J. Davis, Esq. Davis & Young, APLC 1960 The Alameda, Suite 210 San Jose, CA 95126 408 261-4241 or 669 245-4200 Fax: 408 985-1814 adavis@davisvounalaw.corn Attorneyfor East Side Union High School District 24 25 26 27 Valley, CA I declare under penalty of perjury under the laws of the State of California that the foregoing statements are true and correct and that this Declaration was executed on March 8, 2021, at Mill 3 r„. jvI'@n u- 28 PROOF OF SERVICE