Statement Case Management Conference

Cal. Super. - 6th Dist.October 19, 2018

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address) KURT BRIDGMAN SBN¹ 145151 VOGL MEREDITH BURKE LLP 456 Montgomery Street, 20th Floor San Francisco, CA 94104 TELEPHONE NOJ 415 398 0200 FAXNO. (Optional)415 398 2820 E-MAIL ADDREss (opf/ona/4'bridgman@Vmbllp. COm ATTORNEY FOR (Name): DONALD BOWDEN SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara sTREET ADDREss: 191 N. First Street MAILING ADDREss:1 91 N. First Street clTYANDzipcoDE:San Jose, CA 95113 BRANOH NAME: downtown Superior Court PLAINTIFF/PETITIQNER: Joseph Rtggs et al DEFENDANT/REsPQNDENT: ponaid Bowden FOR COURT USE ONLY CM-110 CASE MANAGEMENT STATEMENT (Check one): ~ UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER; 18CV33 6752 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:January 7, 2019 Time: 11:00 am Dept.:9 Address of court (if different from the address above): Div.: Room: ~ Notice of Intent to Appear by Telephone, by (name): Kurt Bridgman INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~ This statementissubmittedby party (name):DONALD BOWDEN b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-corn plaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. ~ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and explain why not): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature ofinvolvementin case, and date by which they may be served): 4. Description of case Type of case in Z] complaint M cross-complaint (Describe, including causes of action): Case arises out of plaintiffs'abitability claims Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov Westlew Doc 8 Form BuBden Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/19/2019 5:22 PM Reviewed By: System System Case #18CV336752 Envelope: 3795502 18CV336752 Santa Clara - Civil System System PLAINTIFF/PETITIONER: Joseph Riggs, et al. DEFENDANT/RESPONDENT: Donald Bowden CASE NUMBER: 18CV336752 CM-1 10 4. b. Provide a brief statement of the case, including any damages. (If personalinjury damages are sought, specify theinjury 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 reliefis sought, describe the nature of the relief) See plaintiffs'MC Statement for particulars. (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 requesting ajury trial): ~ a jury trial ~ a nonjury trial. (ifmore than one party, provide the name ofeach party 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): 2020 Trials: 1/7, 1/13, 1/27, 2/10, 2/3, 2/10, 3/2, 3/16, 3/30, 4/, 4/10, 4/13, 4/14, 4/24, 5/4, 5/11, 6/12, 7/j.3 7/$7h8/6, P/1.3& 8/17, 10/19, 10/26, 11/2, 12/16. Trials 2021: 3/4, 4/8, 4/12 The party or parties estimate that the trial will take (check one): a. ~y days (specify number): 7 b. ~ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~X by the attorney or party listed in the caption ~ by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. 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 processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel H has C3 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 ~ has ~ has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ~ This matter is subject 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 recovery to 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 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 0 ~ ~ s o ~ ~ ~ ~ - ~ ~ ~ ~ . s L ~ ~ ~ - - ' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ o o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' ~ ~ - ~ ~ ~ ~ ~ ~ - ~ - ~ ) - ~ . o ~ ~ -o. o ' -- ~ ~ ~ ~ ~ ~ ~ ~ ~ -o . ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ' -- ~ ~ ~M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ .. o . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ s ~ ~ ~ ~ ~ o ~ ~ ~ ~ ~ a ~ ' -- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ s ~ ~ ~ ~ ~ ~ ' - ~ ~ ~ ~ ~ - ~- ' -- ~ ~ ~ ~ ~ ' - ~ ~ o ~ ~ ~ - - ~ ~ o ~ PLAINTIFF/PETITloNERJoseph R&ggs DEFENDANT/REsPQNDENTDona]d govvden CASE NUMBER: 18CV33 6752 11. Insurance a. ~X Insurance carrier, if any, for party filing this statement (name)[Nationvvide b. Reservation of rights: ~& Yes ~ No c. ~ 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 Cj Other (speci fy): Status: 13. Related cases, consolidation, and coordination~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4} Status:~ Additional cases are described in Attachment 13a. b. ~ 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, type of motion, and reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, andissues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~ he following discovery will be completed by the date specified (describe Para ~Desert tion Defendant Written Discovery Defendant Percipient Depositions Defendant Expert Depositions all anticipated discovery): Date June 2020 August 2020 Per Code ~ 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 PLAINTIFF/PETITIQNER:Joseph Riggs, et al. DEFENDANT/REsPQNDENT: Donald Bowden CASE NUMBER: 18CV336752 CM-1 10 17. Economic litigation a, ~ This is a limited civil case li.e., 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. ~ 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~ 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. ~ 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 (speci fy): 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 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 required. Date: December 1S, 2019 KURT BRIDGMAN (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 Donald Capozzi et al. v. Jim Robinson Marin Superior Court Case No CIV1902761 PROOF OF SERVICE 1 am over the age of eighteen (18) years and not a party to the within action. I am employed at Vogl, Meredith 8c Burke, 456 Montgomery St ¹ 20 in San Francisco, CA 94104. On the date indicated below, I served the following document(s): DEFENDANT JIM ROBINSON'S CASE MANAGEMENT STATEMENT on the listed address(es): Attorne s for Plaintiffs 10 12 13 14 Michael R. Bracamontes Ryan J. Vlasak Bracamontes k, Vlasak 220 Montgomery Street, Suite 870 San Francisco, CA 94104 Telephone No: (415) 835-6777 Facsimile: (415) 835-6780 15 16 17 18 19 [ ] (BY FILE dk SERVE XPRESS) I electronically served the document(s) via File Ec Serve Xpress on the recipients designated on the Transaction Receipt located on the File 2 Serve Xpress website. [&] (BY MAIL) I placed a true copy, enclosed in a sealed, postage paid envelope, and deposited same for collection and mailing at San Francisco, California, following ordinary business practices, addressed as set forth below. 20 21 22 23 24 25 26 27 [ ] (BY PERSONAL SERVICE) I caused each such envelope to be delivered by hand to the addressees noted above or on the attachment herein by [ ] (BY FACSIMILE) I caused the said document to be transmitted by Facsimile transmission to the number indicated after the addresses noted above or on the attachment herein. [ ] (BY E-MAIL/ELECTRONIC TRANSMISSION) I caused the said document(s) to be sent to the person(s) at the e-mail address(es) indicated above or on the attachment herein. [ ] (BY OVERNIGHT COURIER) I caused each such envelope addressed to the parties to be deposited in a box or other facility regularly maintained by the overnight courier or driver authorized by the overnight courier to receive documents. PROOF OF SERVICE F:)CASESINatiomvide Insurance&Robinson Nat-10023$POS.docx I am readily familiar with this law firm's practice for the collection and processing of documents for regular and certified mailing, overnight mail, personal service, electronic transmission, and facsimile transaction, and said document(s) are deposited with the United States Postal Service or overnight courier depository on the same day in the ordinary course of business. I declare under penalty of perjury that the foregoin 'rue and correct. Executed at San Francisco, California on December 19, 2019. Nina Danilyan 10 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 -2- PROOF OF SERVICE F:(CASES)Nationwide Insurance&Robinson Nat-10023$POS.docx