Statement Case Management Conference

Cal. Super. - 6th Dist.June 3, 2019

1QCV349141 Santa Clara - Civil CMfiMm System A'I'I'ORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Mark E. Davis - 79936 / Eric J. Bengtson - 254167 _ _ Davis & Young, APLC Electronically FIled 1960 The Alameda, SUlte 210 by Superior Court of CA, San Jose, CA 95126 County of Santa Clara, TELEPHONENO.: 669.245.4200 FAXNo.(0ptionaI): 408. 985.1814 0n 4/1/2020 12.00 AM E-MAIL ADDRESS(0ptiona/): eric@davisyounglaw . com Reviewed By: System System SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara ase STREETADDRESS: l 91 North First Street Envelope: 4218087 MAILING ADDRESS: CITYANDZIPCODE:San Jose, CA 95113 BRANCHNAME: PLAINTIFF/PETITIONER:JENNALYN RESENDEZ, A Minor, By and Through Her Guardian Ad Litem, Roberto Resendez, DEFENDANT/RESPONDENTzEAST SIDE UNION HIGH SCHOOL DISTRICT, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE l 9cv3 4 9 1 4 1 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 21, 2020 Time: 11:00 a.m. Dept: 21 Div_: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statementis submitted by party (name)East Side Union High School District b. E 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. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E 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 complaint E cross-complaint (Describe, including causes of action): Personal Injury & Premises Liability Page 1 of 5 Form Adopted for Mandatory Use Judicial Councimmamomia CASE MANAGEMENT STATEMENT Legal Cfu'iei“§?2%f_%f’7”3% CM-110[Rev.JuIy1,2o11] SolutiDI’IS'” us CM-110 PLAINTIFF/PETITIONER:JENNALYN RESENDEZ, A Minor, By and CASENUMBERI _Through Her Guardian Ad Litem, Roberto Resendez, 19CV349141DEFENDANT/RESPONDENT:EAST SIDE UNION HIGH SCHOOL DISTRICT, et al. 4. b. Provide a brief statement of the case, including any damages. (prersonal 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.) Plaintiff, while playing softball, allegedly tripped in a hole, allegedly sustaining personal injuries. E (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 a jury trial E a nonjury trial. (If more than one pan‘y, provide the name of each party requesting a jury trial): 6. Trial date a. E 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): see attached list of trials and unavailability of defense counsel 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 4 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial E by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:E 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 E has E 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: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is subject to mandatoryjudicial 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) E 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) E 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'm [Rev' Ju'y 1' 2°11] CASE MANAGEMENT STATEMENT Page 2 °f5 CM-110 PLAINTIFF/PETITIONER: JENNALYN RESENDEZ, _Through Her Guardian Ad Litem, DISTRICT, et al . Roberto Resendez, DEFENDANWRESPONDENT:EAST SIDE UNION HIGH SCHOOL CASE NUMBER: l9CV349l4l A Minor, By and 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): The party or parties completing this form are willing to participate in the following ADR processes (check all 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 Mediation session not yet scheduled E Mediation session scheduled for (date): Agreed to complete mediation by (date): DD Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): DUDE Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): 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 (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date):EDD DUDE DUDE Agreed to complete private arbitration by (date): E Private arbitration completed on (date): (6) Other (specify): E ADR session not yet scheduledE ADR session scheduled for (date): E Agreed to complete ADR session by (date):E ADR completed on (date): CM-1 10 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: JENNALYN RESENDEZ, A Minor, By and CASENUMBER: _Through Her Guardian Ad Litem, Roberto Resendez, DEFENDANT/RESPONDENT: EAST SIDE UNION HIGH SCHOOL 19CV349141 DISTRICT, et al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Def. is a self-insured public entity b. Reservation of rights: E Yes No c. E 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.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a. E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E A motion to E consolidate E coordinate will be filed by (name party): 14. BifurcationE 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 motionsE The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant written discovery Done Defendant deposition of plaintiff, 6/2020 Plaintiff's parents, and Plaintiff's doctors c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OIReV-JU'V 1’20“] CASE MANAGEMENT STATEMENT Pag°4°f5 CM-110 PLAINTIFF/PETITIONER: JENNALYN RESENDEZ, A Minor, By and CASENUMBERI _Through Her Guardian Ad Litem, Roberto Resendez, DEFENDANT/RESPONDENT:EAST SIDE UNION HIGH SCHOOL 19CV349141 DISTRICT, et a1. 17. Economic litigation a. E 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. E 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 issuesE 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 (Spec, y) The partles have attempted to resolve thls matter mformally, but were unable to do so. The partles believe it necessary to proceed With the depositions of Plaintiff and possibly her parents and doctors before attempting to resolve the case Via mediation or informal settlement negotiations. 20. Total number of pages attached (if any):l | 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 th- ssues at the time of the case management conference, including the written authority of the party where required. ' Date: 3/16/20 Eric J. Benqtson } (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-“OIReV-JU'V 1’20“] CASE MANAGEMENT STATEMENT Pag°5°f5 {GENERAL/00348814-1} MARK E. DAVIS - State Bar No. 79936 Current Trials / Unavailability 05/18/20 - 06/01/20 Prepaid Vacation 06/08/20 - 06/15/20 Marquez v OUSD; Alameda County Superior Court, RG18896800 06/22/20 - 07/03/20 Zuniga v OUSD; Alameda County Case No. RG17847578 06/29/20 - 07/07/20 Dye v. Ohlone, Alameda County Superior Court, HG17886514 07/27/20 - 08/07/20 Ruvalcaba v. Santa Cruz City Schools, Santa Cruz County Case No. 19CV00488 08/24/20 - 08/29/20 Medrano v. NMCUSD, Monterey County Superior Court Case No. 18CV004563 09/08/20 - 09/11/20 Pirrone v. Pajaro Valley USD; Santa Cruz County Superior Court, 18CV02616 09/21/20-09/28/20 Price v OUSD; Alameda County Case No. RG17885672 09/21/20-09/25/20 Zepeda v. Alisal USD, Monterey County Superior Court, 18CV001567 09/28/20 - 10/07/20 Gonzales, et al. v. MPUSD, et al., Monterey County Superior Court Case No. 19CV000828 10/05/20-10/09/20 Santa Cruz County Sanitation v. Santa Cruz City Schools, Santa Cruz Superior Case No. 19CV02013 10/13/20 - 10/23/20 Gaviglio v Ravenswood City School District, San Mateo County Case No. 19CIV01246 11/16/20 - 12/04/20 Whooley v. Tamalpais UHSD; Northern District (SF) Case No. 18-cv-07686-RS 11/16/20 - 11/20/20 Ramirez v. Salinas City Elementary SD, Monterey County Superior Court, Case No. 18-cv-004815 12/14/20 - 12/21/20 Yates v. ESUHSD, et al.; Northern District (SF), Case No. 18-cv-02966-JD 01/22/21 - 02/05/21 Mario V. v. Alisal USD, Northern District (SJ) Case No. 5:18-CV-00041-BLF 02/22/21-03/02/21 Goodell v Soledad USD; Monterey County Superior Court Case NO. 19CV002300 03/22/21-03/27/21 Goodell v Soledad USD; Northern District (SJ) Case No. 5:19-CV-06196-VKD 07/02/21-07/09/21 Larieau/Huntington v. OUSD, Oakland Superior Court, Case No. RG19031096 07/05/21-07/12/21 Soder v MUSD; Northern District (SJ) Case No. 19-cv-03845-LHK RESCHEDULING Clark v Aromas-San Juan USD; San Benito County; Case No. CU-17-00158 Serrato v. Hollister SD, et al., San Benito County Case No. CU-18-00134 .91868 O(OOOVOUU'l-POONA NNNNNNNNNAAAAAAAAAA meCfi-PWN-‘OCOOONGOW-POONA PROOF OF SERVICE l, the undersigned, say: | am a citizen of the United States. My business address is 1960 The Alameda, Suite 210, San Jose, CA 95126. | am employed in the County of Santa Clara, where this mailing occurs. | am over the age of 18 years, and not a party to the within cause. On the date set forth below, | served the attached document(s) described as: DEFENDANT EAST SIDE UNION HIGH SCHOOL DISTRICT’S CASE MANAGEMENT CONFERENCE STATEMENT AND NOTICE OF INTENT TO APPEAR VIA COURTCALL on the following person(s) in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Attorneys for Plaintiff Dan Schaar Carpenter, Zuckerman & Rowley 307 Orchard City Drive, Suite 205 Campbell, CA 95008 (408) 721-1 1 11 (408) 721-2277 Email: DSchaar@czrlaw.com [] (BY MAIL) | am readily familiar with my firm's practice for collection and processing of correspondence for mailing with the United States Postal Service, to wit, that correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. | sealed said envelope and placed it for collection and mailing on March 31, 2020, following ordinary business practices. [] (BY PERSONAL SERVICE) | caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). [] (BY FACSIMILE) | caused such document(s) to be delivered via facsimile this date to the offices of the addressee(s). [] (BY OVERNIGHT MAIL) | enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) at the address(es) listed above. | placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. [XX] (BY EMAIL OR ELECTRONIC TRANSMISSION) | caused the documents to be sent to the persons at the electronic service addresses listed above. | 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 March 31, 2020. /s/ Sally Wallace SALLY WALLACE {91868/00477813-1} Case No. 1QCV349141 Case Name: Resendez v East Side Union High School District