Statement Case Management Conference

Cal. Super. - 6th Dist.May 10, 2018

ATTOR NEY OR PARTY WITHOUT ATTORNEY I Name, Stele Barnumber end addressf. David C. Anderson, Esq., SBN 83146; Andrew W. Ratto, Esq., SBN 31 4227 Anderson Law 591 Redwood Hwy.. Building 4000, Mill Valley, CA 94931-3039 TELEPHONE NOJ 415 395-9898 Fax mo fopm ad:415 395-9839 E.MAIL ADDRESS (Opdofmlf ATroRNEY FoR fmanmt Plaintiffs Kasi Shah, a minor by & through GAL Elvia Shah sUPERIQR coURT oF CALIFQRNIA, coUNTY QF Santa Clara sTREETADDREss: 191 N. First Street MAILING ADDRESS: DITYANDzIPDDDE: San Jose, CA 95113 BRANcH NAME: Unlimited PLAINTIFF/PETITIQNER: Kasi Shah, a minor, by and through GAL Elvia Shah oEFENDANT/RasPQNDENT: East Side Union High School District, et al. CASE MANAGEMENT STATEMENT (Check one)7 EH UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) FOR COURT USE ONLY CASE NUMBER 18CV328113 CM-110 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: Jan.14,2020 Time: 10:00 am Dept.: 8 Address of court (if differenl from the address above): Div.: Room: Notice of Intent to Appear by Telephone, by (name)l Andrew W. Ratto, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~d'his statement is submitted by party (name): Plaintiff Kasi Shah, a minor, by and through GAL Elvia Shah b. ~ This statement is submitted jointly by parties (names): 2. Complaint and crosswomplaint (to be answered by plaintiffs and cross-compieinanfs on/y) a. The complaintwas filed on (date): May 10, 2018 b. ~ The cross-complaint, if any, was filed on (dste): 3. Service (ro be answered by plaintiffs Bnd cross-compiainanis on/y) a. C3 Afi parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. GQ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names snd explain why nor): (2) ~ have been served but have not appeared and have not been dismissed (specify names): Garcia; Galvan-Padilla; Cervantes-Reqs for Entry of Default are with court but not processed. (3) C3 have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature of involvement in case, Bnd date by which they may be served): 4. Description of case a. Type of case in Cr] complaint C3 cross-complaint (Describe, inc/udfng causes of action): See 4.b. Form Adopted for Mandatory Use Juatoal Counol of Cedfomia CM-110 Ines July I, 2011) CASE MANAGEMENT STATEMENT Pane 1 of 3 Cel. Rules of Court. rules 3 7200 730 www courts ce dou Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/18/2019 10:08 AM Reviewed By: System System Case #18CV328113 Envelope: 3786059 18CV328113 Santa Clara - Civil System System PLAINTIFF/PETITIONER: Kasi Shah, a minor, by and through GAL Elvia Shah 18CV328113 DEFENDANT/RESPONDENT: East Side Union bligh 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 and damages claimed, including medical expenses Io date (indica/e source and amounfj, estimated future medical expenses, Iosf earnings Io date, and estimated future Iosf earnings. If equitable relief is soughf, describe Ihe nature of the relief) Complaint arises out of students'ttack on Plaintiff causing serious injuries, school district failure to prevent attack and alleges negligence, IIED, NIED, assault & battery, violation of CA Gov't Code Sec. 815.2 & 820, Education Code Sec. 220, et seq., violation of the Bane Act (Civil Code Sec. 52.1), and other causes. (If more than one party, provide the name of each party (Ifmore space is needed, check this box and affach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request WV a jury trial C] a nonjury trial. requesting a jury lri e): Trial date a. ~ The trialhas been set for (dare): b. GQ 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 triial (specify dates and explain reasons for unavailability): Anderson 2020 Trials:1/1 3; 1/27; 2/18; 2/25; 3/27; 4/27; 5/11; 11/1 6; 12/20. 2021 Trials: 1/21; 3/29. Halavanau Trials: Estimated length of trial The party or parties estimate that the trial will take (check one): a. GQ days (spec/Iy number): 7-"0 b. ~ hours (short causes) (specify): Trial representation (Io be answered for each party) The party or parties will be represented at triial ~ 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. Preference This case is entitled to preference (spec//y code section): 10. Alternative dispute resolution (ADR) a. ADR intormation 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 identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party H 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 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 IReu. July 1, 2011i CASE MANAGEMENT STATEMENT Page 2 ef e PLAINTIFF/PETITIONER: Kasi Shah, a minor, by and through GAL Elvis Shah EFENDANT/RESPONDENT: East Side Union High School District, et al. 18CV328113 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 that apply and provide the specified information): 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 (altach a copy of the parties'DR stipulation): (1) Mediation tZ] Mediation session not yet scheduled Mediation session scheduled for (dale): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference CZ3 Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): 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 C3 Judicial arbitration not yet scheduled C3 Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (dale): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (dale): Agreed to complete private arbitration by (dele): Private arbitration completed on (dale): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (dale): Agreed to complete ADR session by (dete): ADR completed on (dale): CM-110IROS Jolyl,20fft CASE MANAGEMENT STATEMENT Psss 2 of 0 PLAINTIFF/PETITIQNER: Kasi Shah, a minor, by and through GAL Elvia Shah DEFENDANT/RFSPDNDENT. East Side Union High School District, et al. 11.insurance a. ~ Insurance cardier, if any, for party filing this statement (name): b. Resen/ation of rights: C] Yes C3 No c. ~ Coverage issues will significantly affect resolution of this case (exp/a/n): CASE NUMBER 18CV328113 r'M.ggn 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.~ Bankruptcy C3 Other (speci/y): 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) Status:~ Additional cases are described in Attachment 13a. b. C] 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 action (spec//y moving party, type of motion, and reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (speci/y moving pa/Iy, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (describe s// anticipated d/scove/y): ~arsy Descriotion Date Plaintiff Written discovery completed Plaintiff Depositions March 2020 Plaintiff Expert Discovery Per Cods c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Reu. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 6 PLAINTIFF/PETITIQNER; Kasi Shah, a minor, by and through GAL Elvis Shah 18CV3281 13 DEFENDANT/RESPDNDENT; East Side Union High School District, et aL 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 ovil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (il checked, explain specifically why economic litigation procedures relating to discovery or tr/sl should not apply to this case): 18. Otherissues~ 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 not, 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 (il 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: December 18, 201 9 David C. Anderson, Es(i. nYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 [Rev Julr I. 2011] CASE MANAGEMENT STATEMENT Pege 6 ei 6 1 Kasi Shah v. East Side Union District High School, et al. Santa Clara County Superior Court Case No. 18CV328113 PROOF OF SERVICE 3 [C.C.P. g 1013, C.R.C.g 2008, F.R.C.P. Rule 5] I am over the age of eighteen years, not a party to this action and I am employed within the 4 City and County ofMarin. 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): PLAINTIFF'S FURTHER CASK MANAGEMENT CONFERENCE STATEMENT 7 in the manner indicated below and upon the individuals in the service list. 10 13 16 X BY FIRST CLASS MAIL: I am readily familiar with my firm's practice for collection and 9 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). BY OVERNIGHT MAIL: I caused such envelope to be delivered by a commercial carrier service for overnight delivery to the office(s) 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. 15 Electronic service is undertaken consistent with Code of Civil Procedure section 1010.6(a)(2). 17 18 19 20 21 Jacqueline Cervantes 23 3020 Bradshaw Drive San Jose, CA 95148 24 25 26 27 28 Law Office of Gene Halavanau 150 Post Street, Suite 600 San Francisco, CA 94108 415 692-5301 Fax: 415 692-8412 mene halavanau.corn Co-Counsel for Plaintiff 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 adavisQdavisvounalaw.corn Attorneyfor East Side Union High School District Jaileen Galvan-Padilla 3170 Durant Avenue San Jose, CA 95111 PROOF OF SERVICE Shannon Birdsong, Esq. Wade Law Group 84 West Santa Clara Street, Suite 750 San Jose, CA 95113 408 842-1688 Fax: 408 852-0614 sbirdsonaawadelitiaation.corn Atty for Estefani Herrera 8 I declare under penalty ofperjury under the laws of the State of California that the foregoing statements are true and correct and that this Declaration was executed'ecember 18, 2019, at 9 Mill Valley, CA. 10 VICTORIA LAMERDIN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ PROOF OF SERVICE