Statement Case Management Conference

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stets Bar number, andaddress)'arry C. Marsh, Esq. [SBN 99908] Jeffrey P. Schwalbach, Esq. [SBN 307225] Hinshaw, Marsh, Still & Hinshaw, LLP 12901 Saratoga Avenue Saratoga, CA 95070 TELEPHONENO (408) 861-6500 FAXNO.(optronal) (408) 257-6645 E-MAIL ADDRESS (Opli ones, bmarSh(mhinehaW - 1 aW . COm ATTORNEY FOR fNamel Lino Chen, M . D. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara sTREETADDREss. 191 North First Street MAILING ADDRESS. Same cITY AND zIP coDE. San Jose, 95 1 13 BRANcH NAME: Downtown Superior Court PLAINTIFF/PETITIONER:Guilin Liu FOR COURT USE ONLY CM-110 DEFENDANT/RESPONDENT:Ling Chen, M. D. CASE MANAGEMENT STATEMENT (Check one): ~X UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: CASE NUMBER'8CV336777 Date: September 24, 2019 Time:10I00 a.m. Dept.: 2 Address of court (if different from the address above): Divu Room: ~ Notice of Intent to Appear by Telephone, by (name)( INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. t. Party or parties (answer one): a. ~x This statement is submitted by party (name):LING CHEN, M. D. b. ~ This statement is submitted jointly by parties (namesj: 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp(a(nants only) a. The complaint was filed on (date): b. ~ The cross-complaint, if any, was filed on (daie): 3. Service (to be answered by plaintiffs snd cross-comp(sinants 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) M 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 (spec(fy names, nature ofinvolvement in case, Bnd date by which they may be served): 4. Description of case a. Type of case in ~x complaint M cross-complaint (Describe, including causes of action): Medical malpractice Fomt Adopted for Mandatory Use Judtoal Counal of Caltfornie CM-I 10 (Re Y. July I, 2011] CASE MANAGEMENT STATEMENT Parle I of 5 Cal. Rules of Court, rules 3 720-3.730 Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/4/2019 4:05 PM Reviewed By: System System Case #18CV336777 Envelope: 3348544 18CV336777 Santa Clara - Civil System System PLAINTIFF/PETITIONER: Gui1 in Liu DEFENDANT/RESPONDENT: Ling Chen, M. D. CASE NUMBER. 18CV336777 CM-110 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 lo 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) Alleged negligence in hysterectomy. ~ (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 ~x a jury trial C] 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. ~X No trial date has been set. This case will be ready for trial within 12 months of the date ofthe 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): Barry Marsh is Bet for trials on: Sept. 27-Oct. 10, 2019; Nov. 8-19, 2019; Dec. 2-31, 2019; Jan. 13-24, 2020; Feb. 11-21, 2020; Mar. 2-13, 2020; March 30-May 22, 2020; Dec. 14-23, 2020. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. Mx days (specify number): 7-10 b. ~ hours (short causes) (specify)J 8. Trial representation (Io be answered for each party) The party or parties will be represented at trial CX] by the attorney or party listed in the caption C] by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: M Additional representation is described in Attachment 8. 9. Preference M 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 couAB and communities; read the ADR information package provided by the courl 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 ~X has C] 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 partiem 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 IRev July 1, ggl 1 i CASE MANAGEMENT STATEMENT Page 2 of 5 PLAINTIFF/PETITIONER: Guilin Liu DEFENDANT/RESPONDENT: Ling Chen, Iyi. D. CASE NUMBER. 18CV336777 CM-110 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 a/I that app/y and provide the specified in/onna/ion): The party or parties completing this form are willing to participate in the following ADR processes (check a/I that 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 (attach a copy of the parties'ADR stipulation): (1) Mediation Dx MX Mediation session not yet scheduled~ Mediation session scheduled for (da/e):~ Agreed to complete mediation by (dale): M Mediation completed on (dale): (2) Settlement conference ~ Settlement conference not yet scheduled~ Settlement conference scheduled for (date):~ Agreed to complete settlement conference by (date):~ Settlement conference completed on (da/e): (3) Neutral evaluation ~ Neutral evaluation not yet scheduled~ Neutral evaluation scheduled for (date): M Agreed to complete neutral evaluation by (date):~ Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration ~ Judicial arbitration not yet scheduled~ Judicial arbitration scheduled for (dale):~ Agreed to complete judicial arbitration by (dale):~ Judicial arbitration completed on (da/e): (5) Binding private arbitration ~ Private arbitration not yet scheduled~ Private arbitration scheduled for (date): M Agreed to complete private arbitration by (date):~ Private arbitration completed on (dale): (6) Other (specify): ~ ADR session not yet scheduled~ ADR session scheduled for (dale):~ Agreed to complete ADR session by (date):~ ADR completed on (date): CM-110 [Rav July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 ol B PLAINTIFF/PETITIONER: Guilin Liu DEFENDANT/RESPONDENT: Ling Chen, M. D. CASE NUMBER 18CV336777 CM-110 11. Insurance a. ~X Insurance carrier, if any, for party filing this statement (name): NORCAL MUTUAL INSURANCE CO. b. Reservation of rights: C3 Yes ~ No c. M 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. C3 Bankruptcy M Other (specify): Status; 13. Related cases, consolidation, and coordination a. M There are companion, underlying, or related cases. (1) Name of case; (2) Name ofcourt: (3) Case number; (4) Status: M Additional cases are described in Attachment 13a. b. ~ A motion to C] consolidate C3 coordinate will be filed by (nsme 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 M The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. M The party or parties have completed all discovery. b, ~X The following discovery will be completed by the date specified (describe all anticipated discovery): Para Descriotion Defendant Depositions of treating 12/31/19 physicians c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IRey. July 1, 20111 CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIONER: Guilin Liu DEFENDANT/RESPONDENT: Ling Chen, M.D. CASE NUMBER; 18CV336777 CM-110 17. Economic litigation a. ~ This is a limited civil case (i.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 discove/y 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/y): 20. Total number of pages attached (if any): 1 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 st' t' o hese issues at the time of the case management conference, including the written authority of the party w requir Date: September 4, 2019 Barrv C. Ioiarstt (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM 110 [Ref. July I, 2011) CASE MANAGEMENT STATEMENT Page 5 of 5 PROOF OF SERVICE (C.C.P. Il) 1013a, 2015.5) 2 I, the undersigned, say: I am now and at all times herein mentioned have been over the age of 18 years, a resident of the 3 State of California and employed in Santa Clara County, California, and not a party to the within action or cause; my business address is 12901 Saratoga Avenue, Saratoga, California 95070. 4 I am readily familiar with this firm's business practice for collection and processing of correspondence for mailing with the U.S. Postal Service, mailing via Federal Express, hand delivery 5 via messenger service, and transmission by facsimile machine. I served a copy of each of the documents listed below by placing said copies for processing as indicated herein. 6 CASE MANAGEMENT STATEMENT 7 XX 8 10 12 13 If MAILED VIA U.S. MAIL, said copies were placed in envelopes which were then sealed and, with postage fully prepaid thereon, on this date placed for collection and mailing at my place of business following ordinary business practices. Said envelopes will be deposited with the U.S. Postal Service at Saratoga, California on this date in the ordinary course of business; and there is delivery service by U.S. Postal Service at the place so addressed. If MAILED VIA FEDERAL EXPRESS, said copies were placed in Federal Express envelopes which were then sealed and, with Federal Express charges to be paid by this firm, on this same date placed for collection and mailing at my place of business following ordinary business practices. Said envelopes will be deposited with the Federal Express Corp. on this date following ordinary business practices; and there is delivery service by Federal Express at the place so addressed. If VIA FACSIMILE TRANSMISSION, said copies were placed for transmission by this firm's facsimile machine, transmitting from (408) 257-6645 at Saratoga, California, and were transmitted following ordinary business practices; and there is a facsimile machine receiving via the number designated herein, and the transmission was reported as complete and without error. The record of the transmission was properly issued by the transmitting fax machine. 17 18 If HAND DELIVERED, said copies were provided to a delivery service, whose employee, following ordinary business practices, did hand deliver the copies provided to the person or firm indicated herein. 16 RECIPIENTS: 20 For Plaintiff: 21 David S. Henshaw, Esq. HENSHAW & HENRY, PC 1871 The Alameda, Suite 333 23 San Jose, CA 95126 24 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 September ~, 2019. 25 26 27 Court: Santa Clara County Superior Action No: 18CV336777 28 Case Name: Liu v. Chen, M.D., et al. Andrea E. Walker tr ea Proof of Service