Statement Case Management ConferenceCal. Super. - 6th Dist.October 5, 2018ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Richard G. Grotch, Esq. (SBN 127713) I Coddinqton, Hicks & Danforth 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065 I TELEPHONE NO.: (650) 592-5400 FAX NO. (Optional): (650) 592-5027 E-MAILADDRESS(Optional):rarotch@chdlawvers.com I ~ J ATTORNEY FOR (Name): Southwest Airlines Co. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER Maraoreth Galvez I DEFENDANT/RESPONDENT: Sou;hwest Airlines Co., et. al. CASE MANAGEMENT STATEMENT CASE NUMBER: FOR COURT USE ONL Y (Check one): [ZJ UNLIMITED CASE c=J LIMITED CASE 18CV336134 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 28, 2019 Time: 10:00AM Dept.: 8 Div.: Room: Address of court (if different from the address above): [{] Notice of Intent to Appear by Telephone, by (name): Mahmoud A. Fadli, Esq. CM-110 INSTRUCTIONS: A" applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [LJ This statement is submitted by party (name): Southwest Airlines Co. b. ~ 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 (date): b. c=::J The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. c=J All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. c=J The following parties named in the complaint or cross-complaint (1) [=:J have not been served (specify names and explain why not): (2) CJ have been served but have not appeared and have not been dismissed (specify names): (3) CJ have had a default enteied against them (specify names): c. c=J The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in [ZJ complaint CJ cross-complaint (Describe, including causes of action): Alleged slip and fall at the San Jose International Airport. Form Adopted for Mandatory Use Judicial Council of Califomia CM-11 0 [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page 1 of 5 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 5/13/2019 11:59 AM Reviewed By: System System Case #18CV336134 Envelope: 2874558 18CV336134 Santa Clara - Civil System System CM-110 [ PLAINTIFF/PETITIONER: Margoreth Galvez DEFENDANT/RESPONDENT: Southwest Airlines Co., et. al. I CASE NUMBER: 18CV336134 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the irJuryand 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.) Plaintiff alleges that she slipped, fell, and sustained injuries at the San Jose International Airport. ~ (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury tria! The party or parties request 1./ I a jury triai CJ a nonjury triaL (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. ~ The trial has been set for (date): b. [{] 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): Please see attached. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [ZJ days (specify number): 5 b. ~ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial c=J by the attorney or party listed in the caption c=J by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: c=J Additional representation is described in Attachment 8. g. Party represented: 9. Preference I I 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 [ZJ has c=J 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 c=J has c::J has not reviewed the ADR information package identified in rule 3.221. b. Referial to judicial arbitration or civii action mediation (if avaiiabie). (1) c=J This matter is subject to mandatory judiciai 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) c=J (3) CJ 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. 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): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Margoreth Galvez I-- I 18CV336134 PEFENDANT/RESPONDENT: Southwest Airlines Co., et. al. I I I I I I 10. c. Indicate the ADR piOcess 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 If 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, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): [Z] Mediation session not yet scheduled (i) Mediation I ./ I I CJ Agreed to compiete mediation by (date): I CJ Mediation session scheduled for (date)- CJ Mediation completed on (date): CJ Settlement conference not yet scheduled (2) Settlement Cl CJ Settlement conference scheduled for (date): conference ! I Agreed to complete settlement conference by (date): Cl Settlement conference completed on (date): CJ Neutral evaluation not yet scheduled Cl Cl Neutral evaluation scheduled for (date): (3) Neutral evaluation CJ Agreed to complete neutral evaluation by (date): I CJ Neutral evaluation completed on (date): CJ Judicial arbitration not yet scheduled (4) Nonbinding judicial CJ CJ Judicial arbitration scheduled for (date): arbitration Cl Agreed to complete judicial arbitration by (date): I CJ Judiciai arbitration completed on (date): CJ Private arbitration not yet scheduled (5) Binding private CJ CJ Private arbitration scheduled for ( date): arbitration Cl Agreed to complete private arbitration by (date): CJ Private arbitration completed on (date): I I I i ADR session not yet scheduled I Cl Cl ADR session scheduled for (date): (6) Other (specify): c:::J Agreed to complete ADR session by (date): CJ ADR completed on (date): CM-110 [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page 3 of 5 I I I I I PLAINTIFF/PETITIONER: Margoreth Galvez I CASE NUMBER: I 18CV336134 DEFENDANT/RESPONDENT: Southwest Airlines Co., et. a\. 11. Insurance a. [1J Insurance carrier, if any, for party filing this statement (name): USAIG b. Reservation of rights: [:.=J Yes [lJ No c. I I 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. c=J Bankruptcy c=J Other (specify): Status: 13. Related cases, consolidation, and coordination a. c=J There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: c=J Additional cases are described in Attachment 13a. b. c:=J A motion to c=J consolidate ~ coordinate will be filed by (name party): 14. Bifurcation CM-110 ~ 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 c=J The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. c=J The party or parties have completed all discovery. b. [1J The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date In Progress Southwest Airlines Co. Southwest Airlines Co. Southwest Airlines Co. Written Discovery Deposition of Plaintiff Expert Discovery Per Party Agmnt Per Code c. [l] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): There are outstanding discovery issues between plaintiff's counsel and GCA that are currently being resolved. CM-110 [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Margoreth Galvez DEFENDANT/RESPONDENT: Southwest Airlines Co., et. a\. 18CV336134 CASE NUMBER: 17. Economic litigation a. CJ 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. CJ 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 c=J 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. c=J 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): Southwest Airlines Co. has met and conferred with counsel with GCA concerning further handling of discovery (including depositions), and alternative dispute resolution. 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): - --- I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as we!! 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: May 13, 2019 Richard G. Grotch, Esq . (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) CM-110 [Rev. July 1. 20111 (SIGNATURE OF PARTY OR ATTORNEY) c:::J Additionai signatures are attached. CASE MANAGEMENT STATEMENT Page 5 of 5 May 20, 2019 - May 24, 2019 June 13, 2019 Attachment 6c Case Management Statement Richard Grotch - Trial Dates: August 6,2019 - August 12, 2019 September 30, 2019 - October 4, 2019 October 16, 2019 - October 23, 2019 December 9, 2019 January 13, 2020 March 24,2020 July 27, 2020 2 3 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) 4 I, the undersigned, declare that I alTI 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 wiLlUn action. My 6 i business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, Califo!ilia 94065. My I 7 electronic mail address is dthompson@chdlawyers.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 May 13, 2019, I served a copy of each of the documents listed below by placing said 12 copies for processing as indicated herein. 13 CASE MANAGEMENT CONFERENCE STATEMENT 14 =X __ 15 16 17 10 10 19 20 21 22 23 24 25 11 26 27 28 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, labele.d ~ackaging for overnight delivery, with Fe1,era~ EXJ:lress, with all, ch~rges to be prud uy my employer on the above date for COllection at my place ot bUS1ness to be deposited in a facility regularly maintained by the overnioht 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 translnission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. hlectronic Transmission: The correspondence or documents were transmitted electronically to the electronic address set forth below. 1 2 3 4 5 6 7 State. The recipient has flied and served notice that he or she accepts electronic service; the recipient has electronically flied a document with the court; andlor 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 flie and available for inspection at the reguest of the court or any party to the action or proceeding in which it is flied, in the manner provided in Califorrja Rule of Court Rufe 2.257(a). Federal. The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in my employer's office. I have received no indication the electropic transroission did not reach the recipient. 8 PERSONS OR PARTIES SERVED: 9 Attorneys for Plaintiff 10 Raymond Ghermezian, Esq. Raymond Ghermezian 11 A Professional Law Corporation 3435 Wilshire Blvd, Suite 1800 12 Los Angeles, CA 90010 Telephone: Facsimile: E-mail: (323) 900-5800 (323) 900-5801 Attorneys for City of San Jose Richard Doyle, City Attorney Nora Frimann, Assistant City Attorney Office of the City Attorney 200 East Santa Clara Street; 16th Floor San Jose, CA 95113-1905 Telephone: Facsimile: Email: (408) 535-1900 (408) 998-3131 cao.main@sanjoseca.gov 13 14 15 ----------------------------------------+---------------------------------~ 16 Attorneys for GCA Services Group, Inc. I 17 18 19 20 21 22 23 24 Scott D. Cunningham, Esq. Andrew C. Johnson, Esq. Condon & Forsyth LLP 1901 Avenue of the Stars, Suite 850 Los Angeles, CA 90067-6010 Telephone: Facsimile: E-mail: (310) 557-2030 (310) 557-1299 scunningham@condonlaw.com I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on May 13, 2019 . ..... r L J 26 ~&~~~~. ~~~jL~~.~.~,~)~ ______________________ __ Debra Thompson 27 Court: Superior Court of California,S anta Clara County Action No: 18CV336134 28 Case Name: GalveiJ Margoreth v. City of San Jose