Statement Case Management ConferenceCal. Super. - 6th Dist.June 25, 2018CM-110 ATTORNEY OR PARTY WITHOUT A TIORNEY (Name, State Bar number, and address): Kathryn C. Klaus 205923 Coddington, Hicks & Danforth 555 Twin Dolphin Drive, Suite 300 FOR COURT USE ONL Y I Redwood City, CA 94065 TELEPHONE NO.: (650) 5 92 - 5 4 0 0 FAX NO.(Optional): ( 65 0) 5 92 - 5 027 E-MAiLADDRESS(OPtional):kklaus@chdlawyers.com ATIORNEYFOR(Name): Defendant Kevin Michael Ku s hmaul SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 1 91 Nor t h Fir s t S t r e e t MAILING ADDRESS: San Jose, Californla 95113 I CITY AND ZIP CODE: PLAINTIFF/PETITIONER: Col{n Lara Davis, et al. -1 BRANCH NAME: I I DEFENDANT/RESPONDENT: Nikolai Gredinberg, et al. CASE MANAGEMENT STATEMENT (Check one): iXl UNLIMITED CASE 0 LIMITED CASE (Amount demanded exceeds $25,000) (Amount demanded is $25,000 or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 12, 2019 Time: 10: 00 a. m. Dept.: 8 Address of court (if different from the address above): CASE NUMBER: 18CV330612 Div.: W Notice of Intent to Appear by Telephone, by (name): Kathryn C . Klaus Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. W This statement is submitted by party (name): Defendant Kevin Michael Kushmaul b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaini was fiied on (date): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. 0 The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. 0 The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Type of case in W complaint D cross-complaint (Describe, including causes of action): Complaint for damages for negligence, assault, battery! conspiracv. intentional infliction of emotional distress, vicarious liability, negligent supervision. Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 20111 CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/25/2019 12:32 PM Reviewed By: System System Case #18CV330612 Envelope: 2551627 18CV330612 Santa Clara - Civil System System CM-110 PLAINTIFF/PETITIONER:Colin Lara Davis, et al. CASE NUMBER: - 18CV330612 DEFENDANT/RESPONDENT: Nikolai Gredinberg, et al. 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) o (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury triai The party or parties request IX! a jury trial 0 a nonjury trial. (/f more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. !XI 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 or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. !XI days (specify number): b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial !XI by the attorney or party listed in the caption o by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel !XI has D 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 D has 0 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D 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) D 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. (specify exemption): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 ern" I' ~eni:~s: ceb.com .0 Forms CM-110 PLAINTIFF/PETITIONER:Colin Lara Davis, et ale CASE NUMBER: 18CV330612 DEFENDANT/RESPONDENT: Nikolai Gredinberg, et ale 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 infom1ation): The party or parties completing Ilf the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, I participate in the following ADR I indicate the status of the processes (attach a copy of the parties' ADR I processes (check all that apply): I stipulation): I I I I I D Mediation session not yet scheduled I I (1) Mediation IX) !Xl Mediation session scheduled for (date): April 29, 2 019 D Agreed to complete mediation by (date) : D Mediation completed on (date): IX) Settlement conference not yet scheduled (2) Settlement !XI o Settlement conference scheduled for (date): conference o Agreed to complete settlement conference by (date): o Settlement conference completed on (date): - D Neutral evaluation not yet scheduled (3) Neutral evaluation D D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date): Neutral evaluation com leted on 'date: IA\ \J b' d' . d . , I D p o Judicial arbitration not yet scheduled \~) I on In mg JU IClal _ Judicial arbitration scheduled or (date): o o I arbitration D Agreed to complete judicial arbitration by (date): I I o Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private 0 o Private arbitration scheduled for (date): arbitration o Agreed to complete private arbitration by (date): D Private arbitration completed on (date): I I o ADR session not yet scheduled I (6) Other (specify): D I D ADR session scheduled for (date): I I D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 ern- 'I EsHrrntlal ceil.com .0 Forms' I I I I I I I PLAINTIFF/PETITIONERColin Lara Davis, et al. CASE NUMBER: 18CV330612 DEFENDANT/RESPONDENT: Nikolai Gredinberg, et al. 11. Insurance a. W Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: !Xl Yes 0 No c. 0 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. n There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to 0 consolidate D coordinate 14. Bifurcation will be filed by (name party): CM-110 D 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 of motion, and reasons): 15. Other motions U The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. 0 The party or parties have completed all discovery. b. W The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Defendant Wr i tten Discovery De f endant Depositions Defendant Ex pert Discovery Date Ongoing Spring 2019 Pe r Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information , are anticipated (specify) : CM-110[Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 ern" I ~SS3. .~'~§a! ceb.com m FofG'YlS CM·110 PLAINTIFF/PETITIONER: colin Lara Davis, et al. CASE NUMBER: 18CV330612 DEFENDANT/RESPONDENT: Nikolai Gredinberg, et al. 17. Economic litigation a. D This is a limited civil case (Le., 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. D 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 specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues !Xl The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties have put a hold on discovery in order to attend an early mediation with Brad Bening. 19. Meet and confer a. W 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 o.n the following (specify): 20. Tota! number of pages attached (if any): I am completely familiar with this case and will be fuliy 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 require Date: February 25, 2019 Krit-hryn C KJ:=J 11 C::; CM-110 [Rev. July 1,201 1) crB~ \' E~li'tn2Y ceb.'com ~forms' (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) , (SIGNATURE OF PARTY OR ATTORNEY) ~ --------------------.-------------------------- (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CASE MANAGEMENT STATEMENT Page 5 of 5 Courteall" Court eaU Appearance - Service Copy 6383 Arizona Circle Los Angelos. CA 9004!; Phone: (88B) 882··6878 Fax: (888) 883-2946 CourtCaU.com This document shall serve as notice of a CourtCali Appearance by the participant listed below in the referenced case. Others wishing to appeai iemotely should contact CourtCall! LLC at (888) 882-6878 or (310) 342-0888. Kathryn C. Klaus Coddington, Hicks & Danforth Tel: (650) 592-5400 Fax: (650) 592-5027 Case Name: Colin Davis vs Kevin Kushmaul Case Number: 18CV330612 fuisuanl: to the Judicia' Council of CalifcO'nja's recent amendment to CRC 3.670 et.'ectjve January t. 2019. the statewide uniform fee for a cQurteaU ADpearance is $94.00 ($20.00 of which is for ,he be,,?:'it of the Trir.' Court Trust fJ.!mU.. Court Name: Santa Clara County Superior Court eCA) Dept/Judge: 8 / Judge Sunil R. Kulkarni Proceeding: Case Management Conference Date/Time: Tuesday, March 12th, 2019 at 10:00 AM PT Note: this is not a Confirmation of your CourtCall Appearance. Each participant must make his or her own arrangements with CourtCali. While clients can save money and Courts can become more efficient and generate revenue, CourtCall has the most impact upon practicing attorneys as it helps to give them their lives back. Attorneys can use the time they save using CourtCall to catch-Up on other preSSing matters, enjoy time with family and friends or otherwise take advantage of the time no longer spent traveling to and from Court. Call us for details. subscriptions buy. There are or equipment no to COURTCALL CourtCall is of interested VIDEO equipping Judges IS HERE! Courtrooms with its state-of-the-art, browser-based video conferencing platform, enabling full video participation for traditional CourtCal1 Appearances, Lawyers only need a computer with sufficient bandwidth and a webcam to view and/or share video in accordance with a Judge's preferences. To learn more about video options, please ask a CourtCall representative. The foregoing information may have been obtained from court records which may not reflect recent calendar changes. If it is inaccurate because your appearance has been continued, please apply this information to the new date. If the matter is off calendar, you have no involvement in the case or you do not wish to use this service, please disregard this notice. Do not call the Court Clerk. Our representatives are available to make presentations for your firm, your clients, Bar Associations or other groups. Please call to schedule a presentation. CourtCall monthly. Appearances Please visit are QUi Remote Appearances. Simplified. available for over 2,000 Judges website at www.courtcaiLcom for a nationwide, compiete with additional Courts list of participating Courts being added and Judges across the US, Canada and other jurisdictions . Kathryn Klaus [DE] SERVICE COPY FOR COURTCALL® APPEARANCE Copyr ight © 2019 Courteall, LLC. Ali Rights Reserved. 1 2 3 411 5 8 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 25 26 27 28 I I I PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of 1 I California. I am over the age of eighteen (18) years and not a party to the within action. My I business address is 555 T\\t"in Dolphin Drive~ Suite 300, Redwood City; California 94065. My electronic 111ail address is Eva@chdlawyers.com. I am readily familiar with my employer's business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On February 25, 2019, I served a copy of each of the documents listed below by placing said copies for processing as indicated herein. X CASE MANAGEMENT STATEMENT; COURTCALL APPEARANCE - SERVICE COpy United States Mail: The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of 1 • OUSlness. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be deposited in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 1 2 3 4 'I 5 6 7 8 9 10 11 12 13 14 15 State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/ or the Court has mandated that the parties serve documents through its Court approved vendor. The grinted form of this document bearing the original signature is on HIe and available .Lor inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court Rule 2.257 (a). Federal. The recipient of this electropic service has consented to this method of service in writing, a copy of which is on file and available for inspection in mv employer's office. I have received no indication the electropic trans11"ission did not reach th~ recipient. PERSONS OR PARTIES SERVED: Attomeys for Plaintiffs Roger D. Hecht, Esq. Farling, Hecht & Davis, LLP 96 North Third Street, Suite 660 San Jose, CA 95112 Telephone: Facsimile: E-mail: (408) 295-6100 (408) 299-0396 roger@fhdllp.com Attorneys for Defendant Aidan Kushmaul, a minor Martin J. Ambacher, Esq. 16 tvfct~amara Law Firm 3480 Buskirk Avenue, Suite 250 17 Pleasant Hill, CA 94523 18 Telephone: Facsimile: 19 E-mail: (925) 939-5330 (925) 939-0203 martin.ambacher@mcnamaralaw.com 20 Attorneys for Defendant Trish Kushmaul 21 Daniel J. Jung\\rirth, Esq. Carbone, Srruth & I