Statement Case Management ConferenceCal. Super. - 6th Dist.May 10, 2018ATTDRNEY QR PARTY YMTNDUT ATToRNEY fName, sfale Bar numlmr and addiaaai Gene Halavanau, Esq. (267280) 150 Post Street Suite 600 San Francisco, CA 94108 TELCPNofe No 415.692.5301 FAx No fopaenafI E.MAIL ADDREBB fopeenalf gene@halavanau.corn ArroRNEY FDR IN~I Plaintiffs Kasi Shah, a minor by & through GAL Elvia Shah SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara smFET ADDREss 191 N. First Street MAILING ADDRESS cITY AND zIPcoDE San Jose, CA 95113 BRANcNNAMEI unlimited PLAINT(FF/PETITIONER: Kasi Shah, a minor, by and through GAL Elvia Shah DEFENDANT/REsPQNDENT: East Side Union High School District, et al. CM-110 FOR COURT USE ONLY CASE MANAGEMENT STATEMENT CASE NUMBER (Check one)r K UNLIRIITED CASE C3 LIMITED CASE tSCV328113 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 09)15(2020 Time: 10:00 am Dept.: 8 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by(name): david c. anderson (state bar tf83146) INSTRUCTIONS: All applicable boxes must be checked, and the specified Information must be provided. 1. Party or parties (answer one): a. H3 This 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 crosswomplalnt (to be answeredby piainifffs and cross-complainents only) a. The complaint was filed on (dale): May 10, 201 8 b. ~ The crossexymplaint, if any, was tiled on (dare): 3. Service ffo be answered by plaintiffs and cross-compiainants only) a. CH All 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 (I) ~ have not been served (specii'y names Rnd explain why nor): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specffy names): c. C3 The following additional parties may be added (specify names, nature of involvement in case, and date by which ikey mey be sewed): 4. Description of case a. Type of case in ~d complaint M cross-complaint (Describe, including causes of acrfon): 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, Ed Code Sec. 220, et seq.. Civ.Code 52.1 etc Form Adopled for Mendalmy Uee Judlmal counml of cmdmme CM.110 Incr J ly I, 2011I CASE MANAGEMENT STATEMENT Pede I of 3 Cal Rules af Courl rulae 3 720-3 730 wow coo fa ca pov Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/24/2020 2:54 PM Reviewed By: System System Case #18CV328113 Envelope: 4815866 18CV328113 Santa Clara - Civil System System PLAINTIFF/PETITIONER Kasi Shah, a minor, by and through GAL Elvis Shah 18CV328113 DEFENDANT/RESPONDENT: East Side Union High School District, et al. CM-1 10 4. b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injury snd damages I/aimed, including medical expenses to date /I nd/cate source snd amount/, estimated fulure medical expenses, lost earnings to dale, and eslimeted future lost earnings. If equitable reliefis sought, descnbe the nature of the relief) The case arises out of school district's failure to prevent vicious attack by students against Plaintiff. The attack caused serious injuries to her nose, ribs, and other parts of the body. Plaintiff sustained severe emotional distress and had to change schools, incurring additional damages. Future medical expenses are anticipated. (Ifmore than one party, provide the name of each psny (If more SpaCe is needed, check this box snd attach a page designated as Attachment 4b.) Jury or nonjury trial The party ar parties request K a jury trial Cl s nonjury trial. requesting e jury trial): Trial date a. ~ The trial hss been set for (dste): b. ~ No trial date has been set This casewillbe readyfor tnal within12 months ofthedateof the filing ofthe complaint (d nat, explain): c. Dates on which parties or attorneys will not be avariable for trial (spec/fy dales snd explain reasons for unavailability): Anderson Trials: Trial 12/20. 2021 Trials: 1/21; 3/29; 5/10. Halavanau Trials: 02/01/2020-02/1 2/2020 (Trial in Fresno County) Estimated length of trial The party or parties estimate that the trial will take (check one): s. ~v'ays (specify number): 7-10 b. ~ hours (short causes) (specify/i Trial representation (to be answered for each party) The party or parties will be represented at trial ~ by the attorney or party usted in the caption ~ by the following: a. Attorney: David C. Anderson, Esq. b. Firm: Anderson Law c. Address: 591 Redwood Hwy., Bldg. 4000 d. Telephane number. 415 395-9898 I Fax number 415 395-9839 e. E-mail address: admin@dcandersonlaw.corn g. Party represented Plaintiff Additional representation is described in Attachment 8. 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 and communities; read the ADR information package provided by the court under rule 3.221 for information about the pracesses available through the court and community programs in this case. (1) Far parties represented by counsel: Caunsel B3 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: Parly C3 hss M hss not reviewed the ADR information package identified in rule 3.221. b. Referral to Judicial arbitration or civil action mediation jif 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 recavery ta 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 sectian 1775 et seq. (specify exemption): Amount in controversy exceeds jurisdictional limits Cun 10 IRsv ruy 1. 2011i CASE MANAGEMENT STATEMENT pose 2 oi 5 pLAINTIFF/pETITIONER: Kasi shah, 6 minor, by and through GAL Elvia Shah EFENDANT/RESPONDENT: East Side Union High School District, et al. 18CV328113 CM-110 1(L c, Indicate the ADR process or processes that the party or parties are wilhng to participate in, have agreed to participate in, or have already participated in (check a/I thai apply and provide lhe specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all thai 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 (allach a copy of the parties'DR slipulallon): (1) Mediation H7 Mediation session not yet scheduled Mediation session scheduled for (dale): Agreed to complete mediation by (date). Mediation completed on (dale); (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (dale): j-j Agreed to comPlete settlement conference by (dale): Settlement conference completed on (dale): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): 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 (dale): C3 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): Pnvate arbitralion completed on (date): (6) Other (spemfy): ADR session not yet scheduled ADR session scheduled for (dale): Agreed to complete ADR session by (dale): ADR completed on (dale): cu-110(Reu July1,2011I CASE MANAGEMENT STATENIENT page 0 er 0 ptAINTIFFJPETmoNER: Kasi Shah, a minor, by and through GAL Elvia Shah DEFENDANT/REsPDNDENT: East Side Union High School District, et al. CASE NUMBER 18CV328113 CM-110 11. Insurance a. C3 Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: C] Yes C] No c. C3 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 C3 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) Status:~ Additional cases are descnbed in Attachment 13a. b. C3 A motion to ~ 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, fype of motion, and reasons): 15. Other motions C3 The party or parties expect Io file the following motions before tnal (spemfy moving party, 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 all anlicipated discovery): Party Descriotion ~Da e Plaintiff Written discovery completed Plaintiff Depositions Dec. 2020 Plaintiff Expert Discovery Per Code c, ~y The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Out-of-state deposition, which presented an issue due COVID-19 cM.110 IRee Jefr 1. 201JI CASE MANAGEMENT STATEMENT Pese 4 ef 6 PLAINTIFFIPETITIQNER: Kasi Shah, a minor, by and through GAL Elvia Shah 1 8CV328113 DEFENDANT/RaapQNpfNT East Side Union High School District, et al. CM-110 17. Economic litigation a C3 This is a limited civil case (i.e., Ihe 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. M This is a limited civil case and a motion to withdraw the case from the economic litigation prooadures or for additional discovery will be filed (if checked, explain speci)(cally why economic Iirigarion procedures relating Io discovery or Iris( should nof apply lo ibis case): 18. Dtharissues M The party or parties request that the following additional matters be considered or determined at the case management conference (specify)) 19. Neet 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 (i)'nol, 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 (17 any): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as weil as other issues raised by this statement, and will possess the authority to enter into st eof the case management conference, including the written authority of the uired Date: Aug 20, 2020 Gene Halavanau, Esq. nYPE OR PRINT NAME) ITYPE OR PRINT NAME) ISGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached CM-110 IRFY )MT I, 10) I] CASE MANAGEMENT STATEMENT Posy 0 M 0 I 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. 5 1013, C.R.C.5 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 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): PLAINTIFF'S FURTHER CASE MANAGEMENT CONFERENCE STATEMENT 7 in the manner indicated below and upon the individuals in the service list. 10 12 13 BY FIRST CLASS MAIL: I am readily familiar with my firm'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. X ONLY BY ELECTRONIC TRANSMISSION: Only via e-mailing the document(s) to the persons at the e-mail address(es) listed herein during the Coronavirus (Covid-19) pandemic, this oflIce will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. 14 15 16 17 18 19 20 21 Law Office of Gene Halavanau 150 Post Street, Suite 600 San Francisco, CA 94108 415 692-5301 Fax: 415 692-8412 nene@halavanau.corn Co-Counsel for Plaintiff Jacqueline Cervantes and Maria Cervantes, her Mother 3020 Bradshaw Drive San Jose, CA 95148 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 Estefani Herrera, In Pro Per 658 Albanese Circle San Jose, CA 95111 408 457-4907 22 23 24 25 26 27 28 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 August 24, 020, at Mill Valley, CA. DAVID C. ANDERSON PROOF OF SERVICE