Statement Case Management ConferenceCal. Super. - 6th Dist.June 25, 2018ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Kathryn C. Klaus 205923 Coddington, Hicks & Danforth 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065 TELEPHONE NO.: (650) 5 92 - 5 4 0 0 FAX NO.(Optional): ( 65 0 ) 5 92 - 5 0 2 7 E-MAILADDRESS(Optional).kklaus@chdlawyers.com I ATTORNEY FOR (Name): Defendant Kevin Michael Kushmaul I ! SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: San Jose, California 95113 I CITY AND ZIP CODE: BRANCH NAME· i PLAINTIFF/PETITIONER: Col i n Lara Davis, et ale DEFENDANT/RESPONDENT: Nikolai Gredinberg, et ale CASE MANAGEMENT STATEMENT FOR COURT USE ONL Y CASE NUMBER: (Check one): !XI UNLIMITED CASE D LIMITED CASE 18CV330612 (Amount demanded exceeds $25,000) (,l\mount demanded is $25,000 or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 2, 2019 Time: 10:30 a. m. Dept.: 8 Address of court (if different from the address abovej: Div.: !XI NoticeoflntenttoAppearbyTelephone,by(name): Kat h ryn 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. 0 This statement is submitted jOintly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (datej.· b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) CM-110 a. 0 All parties named in the complaint and cross-complaint have been served, have appeared, Or have been dismissed. b. D 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 seiVed but have not appeared and have not been dismissed (specify names): (3) 0 have had a default entered against them (specify names): c. 0 The foliowing additional parties may be added (specify names, nature of involvement in case, and the date by which they may be seNed): 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, conspiracy, intentional infliction of emotional distress, vicarious liability, negligent supervision. _ ____________ _ ~ __ . _ ______________ .:....:Pa:.;;!.9=-.e ·.:....:1 o::..:...f-=-..5 Form Adopted for Mandatory Use rr; ne l ~---""'t'iI..!l CASE MANAGEMENT STATEMENT Cal. Rules of Court. Judicial Council of California ..... •• 3Ill ruies 3.720-3.730 CM-110 [Rev. July 1, 20111 ~ I m FormS- www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/18/2019 11:12 AM Reviewed By: System System Case #18CV330612 Envelope: 2775797 18CV330612 Santa Clara - Civil System System CM-110 PLAINTIFF/PETITIONER:Colin Lara Davis, et al. CASE NUMBER: 18CV330612 DEFENDANT/RESPONDENT: Nikolai Gredinberg, et ale 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 eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the reiief.) D (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request IX) a jury triai D a nonjury triai. (If more than one party, provide the name of each patty requesting ajury trial): 6. Trial date a. 0 The trial has been set for (date): b. W No tria! date has been set. This case will be ready for trial within 12 months of the date of the filing of the compiaint (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. IX) 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 IX) 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) 0 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) erne I ES!!em~! ceb.com .0 ~vrffl8· CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONERColin Lara Davis, et al. CASE NUMBER: - 18CV330612 DEFENDANT/RESPONDENT: Nikolai Gredinberg, et al. 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): I I I I I The party or parties completing I If the party or parties completing this form in the case have agreed to I I this form are willing to I 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 ~ __ _______________ -+_p_r_oc_e_s_s_e_s_~_h_e_c_k_a_"_t_ha_t_a_p_P_~_)'_'~_st_~_U_ffi_t_w_n_): __________________________________________ -4 I I I 10 M d' f h did I ,ela Ion session no ye sc e u e (1) Mediation !XI W Mediation session scheduled for (date): April 29, 2 0 19 o Agreed to complete mediation by (date): o Mediation completed on (date): W Settlement conference not yet scheduled (2) Settlement !XI o Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): o Settlement conference completed on (date): o Neutral evaluation not yet scheduled (3) Neutral evaluation 0 D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date) : D Neutral evaluation completed on (date): I I -- --< I I I D Judicial arbitration not yet scheduled I 0 o Judicial arbitration scheduled for (date): (4) Nonbinding judicial I I arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): I I D Private arbitration not yet scheduled I (5) Binding private I D I D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): I D Private arbitration completed on (date): i I I I D ADR session not yet scheduled I I (6) Other (specify): I 0 D ADR session scheduled for (date): I I D Agreed to complete ADR session by (date): o ADR completed on (date): -CM--1-1~R~~-JU-IY-1-,2-01-11-----------------------C-A-S--E-M--A-N-A-GE--M-E-N-T--S-T-A-r--E-M-E-N--T----------------------------P-ag-e-3o-f-5 CEB~ " E~err~nai ceb.com EJ Forms' PLAINTIFF/PETITIONER:Colin Lara Davis, et al. CASE NUMBER: 18CV330612 DEFENDANT/RESPONDENT: Nikolai Gredinberg, et al. 11 . Insurance a. !XI 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 0 Other (specify): Status: 13. Related cases, consolidation, and coordination a. 0 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. 0 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. D The party or parties have completed aI/ discovery. b. !Xl The following discovery will be completed by the date specified (describe all anticipated discovery): Party Defendant Defendant Defendant Description Written Discovery Depositions Ex pert Discovery Date Stayed Summer 2019 Per 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] ernOI Eme~wt!al ceb.com .0 forms- CASE MANAGEMENT STATEMENT Page ~ of 5 CM-110 PLAINTIFF/PETITIONER: Colin Lara Davis, et al. CASE NUMBER: - 18CV330612 DEFENDANT/RESPONDENT: Nikolai Gredinberg, et al. 17. Economic litigation a. 0 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. 0 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, expiain specifically why economic iitigation procedures relating to discovery or trial should not apply to this case): 18. Other issues !XI 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 on April 29, 2 0 19. 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 on the following (specify): 20. Total number of pages attached (if any): jam compietely 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 r quired . Date: Ap r ill 7, 2 0 1 9 Kathryn r Klans (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) CM-110 [Rev. July 1,2011] C[BOI ~3rriEaI ceb.com ~ Fo~t)· ~ ---- (SIGNATURE OF PART'( OR ATTORNEY) D Additional signatures are attached. CASE MANAGEMENT STATEMENT Page 5 of 5 Co rtCal1" CourteaU Appearance - Ser!!ice Copy 6383 Arizona Circle Los Angelos, CA 90045 Phone: (888) 882·6878 Fax: (888) 883-2946 CourtCaU.com This document shall serve as notice of a CourtCal1 Appearance by the pamclpant iisted beiow in the referenced case. Others wishing to appear remotely 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 Court Name: Santa Clara County Superior Court (CA) Dept/Judge: 8 / Judge Sunil R. Kulkarni Proceeding: iViediation Status Review Date/Time: ThursdaYt May 2nd r 2019 at 10 :30 AM PT Note: this is not a Confirmation of your CourtCall Appearance. E;ach participant must make his or her own arrangements with CourtCali. 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II 1 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 2 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) 3 41 I, the undersigned, declare t:.l,at I am employed in the County of San Mateo, State of 5 California. I am over the age of eighteen (18) years and not a party to the within action. My 7 6, I business address is 555 Twin Dolphin Drive, Suite 300, Red\VOOd Cit"y~ California 94065. ~vfy electronic mail address is Eva@chdla\vyers.com. 8 I am readily familiar with my employer's business practice for collection and processing 9 of correspondence and documents for mailing with the United States Postal Service, mailing via 10 overnight delivery, transmission by facsimile machine, and delivery by hand. 11 On April 18, 2019, I served a copy of each of the documents listed below by placing said 121 copies for processing as indicated herein. 13 CASE MANAGEMENT STATEMENT; 14 15 16 17 18 19 20 21 II 221 23 24 25 26 28 II x 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 business. Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, wiL.~ 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 mt:ljntained by the overni~ht delivery carrier, or delivered to a courier or driver authorized by the overrlight 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 ~ f~csimile !hachine maintained by the. pa.~qr or ~ttorney to be served at t~e facslnule machine telephone number proVlded ~T sald 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 41 511 k II ~ II 8 9 10 11 121 13 14 15 16 17 18 I 19 20 21 22 23 24 25 26 .... "'" L/ 28 II II 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 printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or Feroceerl1ng in w}:-lich it is filed, in the manner provided in California Rule of r r-u ...... R·, e 2 "C::'7(a\ '-'v l.L u . .c..j I ). Federal. The recipient of this electrof'..ic service has consented to tllis method of service in writing, a copy of which is on file and available for inspection in mv emvlover's office. I have received no indication the electroflic transtr'ission did not reach L 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 Attomeys for Defendant Aidan Kushmaul, a minor Martin J. Ambacher, Esq. ~v1ct~amara Law Firm 3480 Buskirk Avenue, Suite 250 Pleasant Hill, CA 94523 Telephone: Facsimile: E-mail: (925) 939-5330 (925) 939-0203 martin.ambacher@mcnamaralaw.com Attomeys for Defendant Trish Kushmaul Daniel J. Jung\virth, Esq. Carbone, Stp..ith & I