Statement Case Management ConferenceCal. Super. - 6th Dist.May 10, 2018ATTORHE7 OR pARTY WITHOUTATTORNEY (Rema. Blare Bar sum«u, e«f sdrfrws( Gene Halavanau, Esq. (267280) 150 Post Street Suite 600 San Francisco CA 94108 TELEPHoNE No. 415.692.5301 FAx ND (oosouefy 41 5.692.8412 E«IAILADDREss(colm es geneohalavanau.corn ATTORNEY FOR (Rema( Plaintiff SUPERIDR coURT oF cALIFoRNIA,coUNTY oF Santa Clara sTREETADDRFss 191 N 1st Street MAILINGADDRESS cITYANDzIPcoDE San Jose California 95113 BRANCH NAME PLAINTIFF/PETITIQNER: Kasi Shah DEFEND(TNT(REspONDENT: East Side Union High School Distdrct et al. CASE MANAGEMENTSTATEMENT (Check one)( [X UNLIMITEDCASE H LINIITEDCASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CM-110 FOR COURTUSEOIYLY CASE NUMBER 18CV3281 13 A CASE MANAGEMENTCONFERENCE is scheduled as follows: Date: 7/09/2019 Time: 10 am Dept.: 8 Address of court (ifdi/fe(eni fmm the sdd(ess shove)l Divx Room: Notice of Intent to Appear by Telephone, by (name)l Gene Halavanau, Esq. INSTRUCTIONS: Allapplicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one)l a. ~y This statement is submitted by party (name)l Kasi shah b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (io be answered by p/ain(iffs snd cross-comp/a/nants only) a. The complaint was flied on (date): May 10, 2018 b. ~ The cross-complaint, if any, was filed on (da(e): 3. Service ((o be answered by plaintiffs end cross-comp/a(nants on(y) a. ~ Afipanies named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (speci/y names and explain why nog: (2) ~ have been served but have not appeared and have not been dismissed (speci(y names): Alida Garcia, Estefani Herrera, Jaileen Galvan-Padilla, Maria Cervantes (3) C3 have had a default entered against them (specify names): defaults pending against Garcia, Galvan-Padifia, Cervantes c. H3 The following additional parties may be added (specify names, nature of involvement in case, and dale by which they may be served): Additional school officials, other school students based on discovery. 4. Description of case a. Type of case in ~r complaint E3 cross-complaini (Desc(ibe, including causes o/acr(on)l Form Adopled tar Maodstary Uss Judroel cormolrxcevorma CM-110(Rey July 1,20III CASE MANAGEMENTSTATEMENT Peaelole Cel Rules of Courl, arras 3 720-3 730 ruu roads «tr Fou Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/24/2019 11:10 AM Reviewed By: System System Case #18CV328113 Envelope: 3043731 18CV328113 Santa Clara - Civil System System PLAINTIFF/PETITIONER: Kasi Shah DEFENDANT/REspoNDENT East Side Union High School District et al. CASE yJVMBEA 18CV328113 CM-110 4 5 (Ifmo e than one party, pmv/de the name ofeach par/y b. provide a brief statement of the case, including any damages. (Ifpersonalinjun damages ere sought, specify the injury end damages claimed, including medical expenses Io date (indicate soume and emounlj, esffmeted future medical expenses, lost earnings Io dere, end estimated future lost earnings. Ifequifab/e relief Is sough/, descn'be the nature of Ihe relief) Complaint arises out of students'ttack on Plaintiff causing serious injuries and school district's failure to prevent the attack. Complaint afieges fourteen causes of action, induding negligence, IIED, NIED, assault and battery, violation of California Government Code section 815.2 and 820, Education Code section 220, et. seq and violation of Bane Act (Civ. Code section 52.1), among other causes of action. (Ifmore space Is needed, check Ih/s box end attach 0 page designated as AI/echmenf 4b.) Jury or nonjury trial The party or parlies request C4] a jury trial C3 a nonjury trial. requesting e jury In'ei): Trial date a. ~ The trial has been set for (dele): b. ~ No trial date has been set. This case willbe ready for trial within 12 months of the date of the Sling of the complaint (if nof, explain): c. Dates on which parties or attorneys willnot be available for trial (speci/y dates snd explain reasons Ibr unave//eh/lily): January 13-January 20, 2020 (San Francisco trial); 2019 Trials: 8/8-28; 9/1 6; 12/20. 2020 Trials: 1/6; 1/13; 1/27; 2/10; 2/18; 2/25; 4/27; 5/11. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~ days (specify number): 7-10 days b. ~ hours (short causes) (specify): Trial repmsentstion (Io be answered foreach perly) The party or parlies willbe represented at trial ~ by the attorney or party listed in the caption ~ by the following: a, Attorney: David Anderson b. Firm: Anderson Law Firm c. Address: 591 Redwood Hwy Frontage Rd, Ste 4000, MillValley, CA 94941 d. Telephone number: 415.395.9898 f Fa number 415 395 9839 e. E-mail address: david@dcandersonlaw.corn g. Party represented: Additional representation is described in Attachment 8. Preference This case is entitled to preference (spec/fy code sect/on): 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 C~3 has H has nol provided the ADR information package identified in rule 3.221 to the dient and reviewed ADR options with the dient. (2) For self-represented parties: Party ~ has ~ has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial a*itration or civil action mediation (ifavailable). (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) ~ plaintiffelects 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 arilitration under rule 3.811 of the california Rules of courter from dvil action mediation under Code of Civil Procedure secfion 1775 et seq. (spec/fy exempl/on): The amount of damages. CM-110 igau July 1, 2011I CASE MANAGEMENTSTATEMENT Pago 2 of 2 PLAINTIFF/PETITIONER: Kasi Shah EFENDANT/RESPONDENT: East Side Union High School District et al. ! CASE NUMBER 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 sll that apply sod provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check sll 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 (sltsch a copy of the parties'DR stipulation). (1) Mediation CZl Mediation session not yet scheduled Mediation session scheduled for (dsfs): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlemenl conference Settlement conference not yet scheduled Settlement conference scheduled for (dale): C3 Agreed to complete settlemenl conference by (date)i Settlement conference completed on (dsfe): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled tor (dsfe)i Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judidal arbitration completed on (dste): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date)i Agreed to complete private arbitration by (dele): Private arbitration completed on (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (dste): Agreed to complete ADR session by (dste). ADR completed on (dsts): GM.110 IRav sir 1, 20I ll CASE hllANAGEMENTSTATEMENT BMMBAr0 PIAINTIFFrPETmoNER: Kasi Shah DEFENDANT/REsPQNDENT: East Side Union High School District et al. 11. Insurance a. ~ Insurance carrier, ifany, for party filing this statement (name): b. Reservation of rights: C3 Yes C] No c. ~ Coverage issues willsignificantly affect resolution of this case (explain)i CASE NUMBER 18CV328113 Cfia-11ii 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.Cl Bankruptcy H Other (specify): Status: 13. Related cases, consofidatton, snd coordination a ~ There are companion, underiying, or related cases. (1) Name of case: (2) Name of court (3) Case number: (4) Status: C3 Additional cases are described in Attachment 13a. b. H A motion to C] consolidate C] coordinate will be filed by (name psriy): 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of ection (specify moving perty, type ofmoaon, end reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and lssuesj. 16. Discovery a. ~ The party or parties have completed afi discovery. b. CH The following discovery willbe completed by the date specified (describe ell enlicipared discovery): ~p Oescriotion Date Kasi Shah Written Discovery July 2019 Kasi Shah Depositions October 2019 Kasi Shah Expert Discovery December 2019 c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110(Rvv ivir1,20111 CASE MANAGEMENTSTATEMENT avrrvAMB PIAINTIFFIPETITIQNER: Kasi Shah QFFE40*4T/Rf$ PPNOENT East Side Union High School District et al. CASE NUMBER 18CV328113 CM-110 17. Economic lidgation 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 willapply to this case. b. C3 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 (ifchecked, explain specilrcally why economic liligelionpmceduras relating fo discovery or ln'al should nol apply to this case): 18. Other issues~ The party or parlies request that the following additional matters be considered or determined at the case management conference (specifyj: 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 (ifnol, explainj: b. ARer 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 (ifanyj: I am completely familiar with this case and will be fullyprepared to discuss the status of discovery and altem as well as other issues raised by this statement, and will possess the authority to enter into stipulations on th the case management conference, including the written authority of the party where required. Date: June 21, 2019 Gene Halavanau, Esrl. nYPE OR PRINT NAME) ITYPE OR PRINT NAME) )SIONATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. EM-110 IRev Jvs I, 2011) CASE MANAGEMENTSTATEMENT 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. I'I 1013, C.R.C.tI 2008, F.R.C.P. Rule 5] I am over the age ofeighteen years, not a party to this action and I am employed within the 4 City and County ofMarin. Mybusiness address is 591 Redwood Hwy., Building 4000, Mill 5 Valley, CA 94941-3039. On the date set forth below, I served the following document(s): PLAINTIFF'S CASE MANAGEMENTCONFERENCE STATEMENT 7 in the manner indicated below and upon the individuals in the service list. 10 13 14 16 X 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. BYPERSONAL SERVICE: I caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). BY OVERNIGHTMAIL: I caused such envelope to be delivered by a commercial carrier service for overnight delivery to the oflice(s) of the addressee(s). BY ELECTRONIC SERVICE: Upon stipulation and agreement of the parties, I caused said documents to be served electronically by utilizingFile 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 ofCivilProcedure section 1010.6(a)(2). 17 18 19 20 21 Jacqueline Cervantes 23 3020 Bradshaw Drive San Jose, CA 95148 24 Law Office of Gene Halavanau 150 Post Street, Suite 600 San Francisco, CA 94108 415 692-5301 Fax: 415 692-8412 uene@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 adavisadavisvounulaw.corn AttorneyforEast Side Union High School District Jaileen Galvan-Padilla 3170 Durant Avenue San Jose, CA 95111 25 26 27 28 PROOF OF SERVICE 1 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 on June 24, 2019, at Mill Valley, CA. 3 ~JCE K. DiBELLA 4 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROOF OF SERVICE