Statement Case Management Conference

Cal. Super. - 6th Dist.December 13, 2019

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stele Bar number, end eddressf, Phillip G, Vermont SBN: 132035 RANDICK, O'DEA, TOOLIATOS, VERMONT Zk SARGENT, LLP 5000 Hopysrd Road Suite 225 Plcsssnton, CA 9458S TELEPHoNE No 925-460-3700 FAX No loPtlona I 925-460-0969 E-MAi L AOORESS TOpfensb. pYormcnt@rBndiCklSW. COm ATrORNFY POR INemsf Defendant Ail Temperature SerViCe Air COnditiOning InC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREET ADDREss 191 North First Street MAILING ADDREss'9 I North First Street clTY ANDzIPcoDE SBD Jose, 95113 BRANcH NAME'Downtown Superior Court PLAINTIFF/PETITIONER; Jeannie Hudson DEFENDANTIREspoNDENT All Temperature Service Air Conditioning Inc. et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E2U UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) FOR COURT USE ONLY CM-110 A CASE MANAGEMENT CONFERENCE is scheduled as follows. Date:March 2. 2021 Time; 10:00 a.m. Dept 21 Address of court (if different from the address above): Divz Room: ~ Notice of Intent to Appear by Telephone, by (name)fphillin G, Vermont INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. L Party or parties (answer one): a. ~X This statement is submitted by party (nsms): All Temperature Service Air Conditioning Inc. b ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs snd cross-comprainanis only) a. The complaint was filed on (date): b. ~ The cross-complaint, if any, was filed on (dsts): 3. Service (to be answered by plaintiffs and cross-comp/sinsnts only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties namedin the complaint or cross-complaint (1) ~ have not been served (specify names and sxp/sin 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. M The following additional parties may be added (specify names, nature ofinvotvemeni in case, and date by which they msy bs served): 4. Description of case a. Type of case in ~x complaint ~ cross-complaint (Describe, inc/uding causes of ection): The complaint allcgcs that defendants interfered with Plaintiffs alleged medical leave rights. Form Adopted for Mandaiorr Use Judicial Council of California CM-110 IReu Julf 1, 20111 CASE MANAGEMENT STATEMENT Peda I of 5 Cal. Rules of Court, rules 3.72D-3.730 new.colitis ca Oou Wsftlae Boc 3 Farm Bidden Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/22/2021 1:40 PM Reviewed By: System System Case #19CV360275 Envelope: 5885479 19CV360275 Santa Clara - Civil System System PLAINTIFF/PETITIONER'leanaie Hudson DEFENDANT/RESPONDENT.'All Temperature Service Air Conditioning Inc. Ct aL CASE NUMBER: i9LV360275 CM-110 4. b Provide a brief statement of the case, including any damages. (Ifpersonal injury damages ere sought, specify the injury end damages claimed, including medical expenses to date (indicate source and amount), estimated future medical expenses, lost earnings to date, end estimated future lost earnings. If equitable reliefis sought, describe the nature of Ihe relief) The Complaint alieges various damages, including punitive damages against defendants. (If more space is needed, check this box and attach a page designated as Afi'achment 4b.) 5 Jury or nonjury trial The party or paries request M a jury trial HX a nonjury trial. (If more than one party, provide the name of each party requesting e jury trial): 8. Trial date a. ~ The trial has been set for (date): b. HU No trial date has been sst. 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 end explain reasons for unavailability); 7. Estimated length of trial The party or parties estimate that the trial will take (check one); a. [2U days (specify number): 5 days b. ~ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~ by the attorney or party listed in the caption 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) ~ by the following: 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 [X 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) Forseif-represented parties: Party C] has H has not reviewedtheADRinformation package identifiedinrule3.221. 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 Courter from civil ection mediation under Cods of Civil Procedure section 1775 et seq. (specify exemption): CM-110IReu July 1 2011I CASE MANAGEMENT STATEMENT Peg e 2 er 2 PLAINTIFF/PETITIONER; Jeannie Hudson EFENDANT/RESPONDENT.'All Temperature Service Air Conditioning Inc. ei al. ! CASE NUMBER: 19CV360275 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 partimpated in (check a// that app/y and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check a// that app/yj: If the party or parties completing this form in the case have agreed to parhcipats in or have already completed an ADR process or processes, indicate the status of the processes (a/tach a copy o/ the padies'ADR s/ipu/a/ion): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (da/e): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference CZ] Settlement conference not yet scheduled Settlement conference scheduled for (daie): Agreed to complete settlement conference by (date): Settlement conference completed on (dale): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (da/e): Neutral evaluation completed on (da/e). (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (da/e): Judicial arbitration completed on (ds/e): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (da/e). Agreed to complete private arbitration by (da/e): Pdivate arbitration completed on (da/e): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (dste): ADR completed on (da/e): CM110 IRe Joly1, 20111 CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER)eannle Hudson OFF 6 NDANT/RFSPONDSNT'AII Temcerature Service Air Conditionina Inc, et aL CASE NUMBER. 19CV360275 f'M-116 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: H Yes C] 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.~ Bankruptcy W Other (specify): 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. H A motion to C] consolidate C] coordinate wil I be filed by (name pa/fy): 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, severting, or coordinating the following issues or causes of action (spec/fy moving party, type of motion, and reasons): 15. Other motions ~X The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): All Temperature Service Air Conditioning Inc, has filed a third demurrer to Complaint as the Third Amended Complaint failed to state any cause of action based on the facts pled. 16 Discovery a ~ The parly or parties have completed all discovery. b. HH The following discovery will be completed by the date specified (describe s// snt/c/pated ~Part Descriotion Defendant Form Interrogatories, Requests for Production to Defendant Defendant Interrogatories, Requests for Production, Requests for admission toPlintiff'fedant Deposition of Plaintiff discovery): Date 4/13/2020 after demurrer alter demurrer ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (spec/fy): CM.110 [Roy July 1, 2011] CASE MANAGEMENT STATEMENT page 4 of s PLAINTIFF/PETITIONER: Jesnnie Hudson DEFENDANT/RESPONDENT: All Temperature Service Air Conditioning inc. Ct sl. CASE NUMBER'9CV3 60275 CM-110 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 HH The party or parties request that the following additional matters be considered or determined at the case management OCIIfei'ei)ce (spec)fy): Plain(iffs alleged medical leave period exceeds the l2 week protected period (demurrer pending). 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 (ifnot, explain): Case not at issue. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (spe ci I'y): 20. Total number of pages attached (if any): I am completely familiar with this case and will be fully prepared to discuss as well as other issues raised by this statement, and will possess the auth the case management conference, including the written authority of the pa f di very and alternative dispute resolution pulations on these issues at the time of Date: February 22, 2021 Phillip G. Vermont (TYPE OR PRINT NAME) 1 SIGNA'IME OF PARTY OR ATTORNEY) ITYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM.110 Inev July 1, 2SI I I CASE MANAGEMENT STATEMENT PASASAIS OCourtCall'383 Arizona Circle Los Angeles, CA 90045 Phone: (BBB) 882-6878 Fax: (888) 883-2946 CouttCall.com Court Cuufaraasa ts a division of CuurtCails Cour(CO(( Appeorance - Service Copy This document shall serve as notice of a CourtCall Appearance by the participant listed below in the referenced case. Others wishing to appear remotely should contact CourtCall, LLC at (888) 882-6878 or (310) 342-0888. Phillip G. Vermont Randick O'Dea Tooliatos Vermont Bt Sargent LLP Tel: (925) 460-3700 (925) 460-0969 Case Name: 3eannie Hudson vs. All Temperature Service Air Conditioning Case Number: 06-19CV360275 Court Name: Santa Clara County Superior Court (CA) Dept/3udge: 19 / 3udge Peter Klrwan (VC) Proceeding: Case Management Conference Date/Time: Tuesday, March 2nd, 2021 at 10:00 AM PT ! Note: this is not a Confirmation of your CourtCRII Appearance. Each participant must make his or her own arrangements with CourtCall. 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The foregoing information may have been obtained from court records which may not reflect recent calendar changes. If it is inaccurate because your appearance has been continued, please apply this information to the new date. If the matter is off calendar, you have no involvement in the case or you do not wish to use this service, please disregard this notice. Do not call the Court Clerk. IaaalÃlal -othaEEIIRRPs~a(EIEEEEEEt(u~sentstto- Remote Appearances, Simplified. CourtCall Appearances are available for over 2,000 Judges nationwide, with additional Courts being added monthly. Please visit our website at www.courtcall.corn for a complete list of participating Courts and Judges across the i(S, Canada and other jurisdictions. Tnstaa ovangs axt. 500 (csl sERYIcE copY FoR couRTcALLts AppEARANcE copyright o 2021 caurtcas, LLc. Ail Rights Reserved. PROOF OF SERVICE I, Sue Betti, declare: I am employed in Alameda County, State of Californi, am over the age of eighteen years, and not a party to the within action. My business address is 5000 Hopyard Road, Suite 225, Pleasanton, California 94588. I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service and/or other overnight delivery. Under overnight delivery practice, all mailings are deposited in an authorized area for pick-up by an authorized express service courier the same day it is collected and processed in the ordinary course of business. On the date set forth below, I served the within: CASE MANAGEMENT STATEMENT Courtcall Service Copy on the parties in this action by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: John B. McMorrow, Esq. Law Offices of John B. McMorrow 39650 Liberty St., Suite 250 Fremont, CA 94538-2226 iohn@imcmorrowlawfirm,corn Attorneysfor PlaintiffJeannie Hudson [X j (By U.S. Mail) I caused each such envelope to be served by depositing same, with postage thereon fully prepaid, to be placed in the United States Postal Service in the ordinary course of business at Pleasanton, California. [X ] (By Electronic Service) The above-referenced document was served by electronically mailing a true and correct copy through Randick O'Dea Tooliatos Vermont & Sargent, LLP's electronic mail system, to the email addresses set forth as listed above, and in accordance with Federal Rules of Civil Procedure, Rule 5(b). I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on February 22, 2021, at Pleasanton, California. Sue Betti