Statement Case Management ConferenceCal. Super. - 6th Dist.September 24, 2020200V371 1 51 Santa Clara - Civil System System ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name. Stare Barnumber, and address): EIectr0mflWin CM-1 1o Heather E. Gibson. Esq. (SBN 340938) by Superior Court 0f CA, Law Offices of Heather Gibson, P.C. County of Santa Clara, 1871 Martin Ave., Santa Clara, CA 95050 on 8/9/2021 5:27 PM TELEPHONE N0.: 669-230-3404 FAXNo.(0puonao: Reviewed By: System Syste TI E-MAtLAooaess (onionao: HGibson@GibsonHealth-Law.com Case #20CV371 1 51 AWORNEY FORWameJ: Defendants, Advanced Surgical Associates, et al. Envelope: 7025842 SUPERIOR COURT 0F CALIFORNIA. COUNTY 0F SANTA CLARA STREET ADDRESS: 161 N. First St. MAIUNG ADDRESS: 191 N. First St. CITY ANDZIP CODE: San Jose, CA 951 13 BRANCH NAME DOWNTOWN SUPERIOR COURT PLAINTIFF/PETITIONER: John Phung DEFENDANTIRESPONDENT: Melissa Nguyen, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 20cv371 1 51 (Amount demanded (Amount demanded is $25.000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 24, 2021 Time: 10:00 A.M. Dept: 20 Div.: Civil Room: Address of court (ifdifierent from the address above): Notice of Intent to Appear by Telephone, by (name): Heather E. Gibson, Esq. 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, John Phung, an individual 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): 9/24/2020 b. E The cross-oomplaint. 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 sewed, 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) D 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. D The following additional parties may be added (specify names, nature of involvement in case, and date by which theymay be served): 4. Description of cage a- Type Ofcase In complaint E cross-complaint (Describe, including causes ofaction): Two: Negligence; Assault and Battery Page 1 ol 5 Fogggggogsugoggggggggfigw CASE MANAGEMENT STATEMENT “$$$ng CM-1 10 [Rem Juiy 1. 201 1] www.courlsca‘gov CM-110 PLAINTIFF/PETITIONER: John Phung cgsewmaea:- - o 71 DEFENDANT/RESPONDENT: Melissa Nguyen, et aI. CV3 151 4. b. Provide a brief statement of the case, including any damages. (lfpersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amounfl, estimated future medical expenses, lost eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff sustained serious and debilitating injuries on or about September 30, 201 9 when he was assaulted by defendant Angelo Cruz while "house-sitting" for Defendants Melissa Key and Eduoard Nguyen when Defendants Key and Nguyen had reason to believe that Angelo Cruz could become violent and failed to disclose this fact to Plaintiff. Plaintiff‘s injuries necessitated surgery for his dislocated shoulder as well as extensive recovery time. (Ifmore 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. (Ifmore than one party, provide the name of each party requesting a jury tn‘al): 6. Trial date a. The trial has been set for (date): b. D 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): September 15-20. 2021; December 15 through 30, 2021; March 14-18, 2022 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 4'5 days b. D 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 sub'ect to mandatory judicial arbitration under Code of Civil Progedure section 1141 .11 or to civil action mgsitatioqyntder ode of Civil Procedure section 1775.3 because the amount In controversy does not exceed the s u ory Irm . (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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-"°IR°V~'"'Y 1' 2°"! CASE MANAGEMENT STATEMENT ”89m“ CM-1 10 _ PLAINTIFFIPETITIONER: John Phung DEFENDANT/RESPONDENT: Melissa Nguyen, et al. CASE NUMBER: 20cv371 151 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): E (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 arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specim: DUDE DUDE DUDE] DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1O (Rev. July 1. 201 1] CASE MANAGEMENT STATEMENT Page 3 or 5 . 20cv371 151 DEFENDANT/RESPONDENT: Melissa Nguyen, et al. 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: 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 D 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 COHSOHdate D 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 (descn'be all anticipated discovery): Em Descrigtion Date Defendants written discovery per code Defendants oral discovery (depositions) per code Defendants expert discovery per code c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specifiz): CM-11o (Rev. Juzy 1. 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM.-_1_1_Q PLAINTIFF/PETITtONER: John Phung CASE NUMBER: CM-110 PLAINTIFFIPETITIONER: John Phung CASE NUMBER:q . 200V371 151 DEFENDANTIRESPONDENT: MBIISSE Nguyen: 91 a'- 17. Economic litigation a.E This Es 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 discovely 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 (specifix): 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 (specify): 20. Total number of pages attached (if any): 1 | am completely famifiar 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 wilt 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: August 9. 2021 Heather E. Gibson. Esq., Attorney for Defendants ) fl/fi1/ (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)D Additional signatures are attached. CM-“WRW- “v 1- 2°“! CASE MANAGEMENT STATEMENT "9m” \OOOflQUI-bUJNn-n NNNNNNNNN-In-An-Av-Ir-IHHH-Ip-s OONQM-PUJNHONOOOQQUIAMND-‘O PROOF OF SERVICE PHUNG v. NGUYEN, et a1. Santa Clara County Case No. 20cv371151 I am employed in the County of Santa Clara, State of California. I am over the age of eighteen years and not a party to the within action. My business address is 1871 Martin Ave., Santa Clara, CA 95050. On the date set forth below, I caused the following document(s) entitled: CASE MANAGEMENT STATEMENT to be served on the party(ies) or its (their) attomey(s) of record in this action listed below by the following means: BY ELECTRONIC MAIL. By transmitting a true copy thereof by electronic mail to the interested party(ies) or their attomey(s) of record to said action at the electronic mail address(es) shown herein. X BY ECF TRANSMISSION: Pursuant to Local Rule 6.A, by filing the document(s) listed herein with the Superior Court of California, County of Santa Clara, via its electronic filing system vendor, by which service of process of the document(s) listed herein is effectuated to the electronic addresses on file with this court’s electronic filing system for the attorney(s) ofrecord or interested parties in this action, as shown herein. Nick Heimlich Joshua R. Jachimowicz, Esq. Law Offices of Nicholas D. Heimlich JACHIMOWICZ LAW GROUP 5595 Winfield Blvd, Suite 110 1530 The Alameda, Suite 115 San Jose, CA 95123 San Jose, California 95126 Email: nick@nickheimlichlaw.com EmailAddress: josh@jachlawgroup.com ATTORNEY FOR MELISSA NGUYEN Attorney for ANGELO CRUZ and EDOUARDO NGUYEN I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 9, 2021 at Santa Clara, California. W Anthony A. Piedra Law Offices of Heather Gibson, P.C. Proof of Service PHUNG v. NGUYEN, et al.