Statement Case Management ConferenceCal. Super. - 6th Dist.June 25, 20191QCV349547 Santa Clara - Civil WeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Brian Poulter (SBN 285108); Allen G. Haroutounian (SBN 291945) Electronicany Filed 1100 Glendon Ave., Suite 1840, Los Angeles, CA 90024 county of Santa C|ara’ TELEPHONE No.: 310-954-2000 FAX No. (Optional):310-943-0303 on 9/24/2019 8:56 AM E-MAILADDRESS(0ptionaI): brian@stalwartlaw.com; allen@sta|wartlaw.com Reviewed By; System System ATTORNEYFOR(Name)= Plaintiff Maria Leonor Hernandez case #1 9cv349547 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 3429883 STREETADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose, 951 13 BRANCH NAME Downtown Superior Court (DTS) PLAINTIFF/PETITIONER: Maria Leonor Hernandez DEFENDANT/RESPONDENT: Catholic Charities of Santa Clara County, et al. CASE MANAGEMENT STATEMENT CASE NUMBERI (Check one): UNLIMITED CASE E LIMITED CASE 190v349547 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 8, 2019 Time: 3:45 pM Dept: 2 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Allen G. Haroutounian INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiff Maria Leonor Hernandez 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): 06/25/201 9 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. m The following parties named in the complaint or cross-complaint (1) E 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): Catholic Charities of Santa Clara County; Swenson Development & Construction (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 ca_se a- Type 0f case In complaint E cross-complaint (Describe, including causes of action): Negligence and Premises Liability Page 1 of 5 Forlm Aqopted for: Manda'tory'Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, udICIaI Councnl of California rules 3720-3130 CM-1 1o [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: Maria Leonor Hernandez CASENUMBEF‘ - . . . 1QCV349547 DEFENDANT/RESPONDENT: Cathollc Charltles of Santa Clara County, 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.) On June 26, 2017, Plaintiff slipped and fell as she was walking through a hall of the subject area, causing Plaintiff 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 party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready for trial within 12 months ofthe 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): 10/21/1 9, 10/23/1 9,1 0/24/1 9, 11/1 2/1 9, 11/1 8/1 9, 12/23/1 9, 1/1 3/20, 2/7/20, 2/1 9/20, 2/24/20, 3/9/20, 4/24/20, 4/27/20, 5/1 1/20, 5/20/20, 6/22/20, 7/20/20, 8/3/20, 9/4/20; 10/10/20, 12/7/20, & 12/28/20 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m 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. PreferenceE 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 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 seIf-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 1141.1 1. (3) E 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-“O [ReV-Ju'y 1120111 CASE MANAGEMENT STATEMENT ”962°” CM-110 PLAINTIFF/PETITIONER: Maria Leonor Hernandez DEFENDANT/RESPONDENTI Catholic Charities of Santa Clara County, et al. CASE NUMBER: 1QCV349547 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 Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): 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 Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CMfllO. PLAINTIFF/PETITIONER: Maria Leonor Hernandez CASE NUMBER: 1QCV349547 DEFENDANT/RESPONDENT; Catholic Charities of Santa Clara County, et al. 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes E 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. Bifu rcationE 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 Plaintiff Written Discovery February 2020 Plaintiff Depositions March 2020 Site Inspection April 2020 c_ E 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 Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Maria Leonor Hernandez CASE NUMBER=- 19CV349547 DEFENDANT/RESPONDENT: cathOIiC Charities Of santa Clara county, et al. 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. | v/ I The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules of Court (if not, explain): Defendants have not yet had sufficient time to serve answer given the recent dates of service. Maria Leonor Hernandez was served on 09/23/2019 and Swenson Development & Co. was served 0n 08/29/2019. 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): | am completely familiar with this case and wi|| 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: September 23, 2019 Allen G. Haroutounian ’ (TYPE OR PRINT NAM E) (SIGNATURE OF PARTY OR A'I'I'ORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-“O [ReV-Ju'v 11°11] CASE MANAGEMENT STATEMENT Pages“ STALWART LAW GROUP \OOOQONUl-bUJNr-t NNNNNNNNNr-‘r-‘r-tr-tr-kr-kr-kr-Ar-AH OOQQUl-PUJNHOKOOOQQUl-PUJNHO PROOF OF SERVICE F.R.C.P. 5 / C.C.P. § 1013a(3)/ Cal. R. Ct. R. 2.260 I am a resident 0f, 0r employed in, the County of Los Angeles. I am over the age 0f 18 and not a party t0 this action. My business address is: Stalwart Law Group, 1100 Glendon Ave., Suite 1840, Los Angeles, California 90024. On September 23, 2019, I sewed the following listed document(s), by method indicated below, 0n the partles in this actlon: CASE MANAGEMENT STATEMENT; NOTICE OF POSTING JURY FEES SEEATTACHED SERVICE LIST m BY U.s. MAIL By placing D the original/ m a true copy thereof enclosed in a sealed envelope(s), With postage fully prepaid, addressed as per the attached service list, for collection and mailing at Stalwart Law Group, 1100 Glendon Ave., Suite 1840, Los Angeles, California 90024, following ordinary business practices. I am readily familiar With Stalwart Law Group’s practice for collection and processing of documents for mailing. Under that practice, the document is deposited With the United States Postal Service 0n the same day as it is collected and processed for mailing in the ordinary course of business. I declare under penalty 0f perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on September 23, 2019 at Los Angeles, California. EliMcArthur ic W$ é Type or Print Name Signature SERVICE LIST Swenson Development & Construction Defendant 715 North First St., Suite 27 San Jose, CA 951 12 Catholic Charities 0f Santa Clara County Defendant C/O Lin Velasquez 2625 Zanker Road San Jose, CA 95 134 3 PROOF OF SERVICE