Statement Case Management ConferenceCal. Super. - 6th Dist.November 23, 202020CV373930 Santa Clara - Civil gym'stemATTORNEY OR PARTY WITHQJTATTORNEY (Nana, State Bar nunber, and address): Shannon M. Neisser, SBN 267644 Ellen K. Demson, SBN 324222 Hanson Bridgett, LLP 425 Market Street, 26th F|. San Francisco. CA 94105 TELEPHONE No.:41 5-777-3200 FAX No. (Optimal): 41 5-541 -9366 E.MAILADDREss (0p2/ona/xsnessier@hansonbridgett.com ATTORNEY FOR mama):Defendant The Whiting Turner Contracting Co. FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/22/2021 3:00 PM Reviewed By: System System SUPERIORCOURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDREss:161 N. First Street MAILINGADDRESS: CITYAND ZIP CODE:San Jose 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: Alonso Hernandez DEFENDANT/RESPONDENT: Defendant, The Whiting Turner Contracting Co. Case #20CV373930 Envelope: 60841 77 Address of court (if different from the address above): E Notice oflntent to Appear by Telephone, by (name): Ellen K. Demson CASE MANAGEMENT STATEMENT §§5§U§;§S30 (Check one): X UNLIMITED CASE D LIMITED CASE (Amount demanded (An‘ount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEVIBH CONFERENCE is scheduled as follows: Date: 4/6/21 Time: 3:45 p.m. Dept: 21 Div.: Room: INSTRUCTIONS: All applicable boxes m ust be checked, and the specified information must be provided. 1. Party or parties (answer one): a. X This statement is submitted by party (name): Defendant, The Whiting Turner Contracting Co. b. U This statement is subm'tted jointly by parties (names): 2. Com plaint and cross -com plaint (to be answered byplaintiffs and cross-complainants only) a. The corrplaint was filed on (date): b. D The cross-corrplaint, ifany, was filed on (date): 3. Se rvice (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the corrplaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dism'ssed (specifynames): (3) U have had a default entered against them (specifynames): they may be served): 4. Description of case a. Type of case in X corrplaint D cross-conplaint General Negligence and Premises Liability. The follow ing additional parties rmy be added (specify names, nature ofinvolvement in case, and date by which (Describ e, including causes of action): Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-110[Rev. July1, 2011] www.courts.ca.gov American Lenget, Inc. www.FormsWorlflowsonQ CM-110 _DE=ENDA NT/RESPOND ENT: Defendant, The Whiting Turner Contracting Co. . CASE NUMBER:PLAINTIFF/PETITIONER. Alonso Hernandez 200V373930 4. b. Provide a brief staterrent of the case, including any dan‘ages. (prersonal injury damages are sought, specifythe injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future Iostearnings. If equitable reliefis sought, describethe nature of the relief.) Plaintiff alleges Negligence and Premises Liability claims against defendant, after Mr. Hernandez slipped and fell in dirt on February 6, 2020. after exiting a gradall he was operating for a construction site in Mountain View, California. The exact nature and amount of plaintiffs damages are unknown at this time. D (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request E a jury trial U a nonjury trial. (Ifmore than one parfy, provide the name of each party requesting a jury trial): Trial date a. D The trial has been setfor (date): b. X No trial date has been set. This case willbe ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on w hich parties or attorneys w i|| not be available for trial (specify dates and explain reasons for unavailability): Btimated length of trial The party or parties estimate that the trial wi|| take (check one): a. X days (specify number): 4-5 b. D hours (short causes) (specify): Trial represe ntation (tobe answered for each party) The party or parties willbe represented at trial E by the attorney or party listed in the caption D by the follow ing: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax nunber: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. Preference D This case is entitled to preference (specify code section): 10. Alternative dis pute resolution (ADR) a. ADR inform ation package. Please note that differentADR processes are available in different courts and corrmunities; read the ADR information package provided by the courtunder rule 3.221 forinformation about the processes available through the courtand comnunity progran‘s in this case. (1) For parties represented by counsel: Counsel X has D has not provided the ADR information package identified in rule 3.221 to the client and review edADR options with the client. (2) For seIf-represented parties: Party D has D has not review edthe ADR inforrmtion package identified in rule 3.221. b. Referraltojudicial arbitration or civil action mediation (if available). (1) D This matter is subjectto mandatory judicial arbitration under Oode of Civil Procedure section 1141.11 orto civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D Plaintiff elects to referthis caseto judicial arbitration and agrees to Iim't recoveryto the amount specified in Code of Civil Procedure section 1141.11. (3) X This case is exempt fromjudicial arbitration under rule 3.811 ofthe California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 etseq. (specifyexemption): over $50,000 CM-“O [Rev Ju'vt 2°“! CASE MANAGEMENT STATEMENT Page“ 5 American Lenget, Inc. www.FormsWorldflowsonr _ CM-110 PLAINTIFF/PETITIONER: Alonso Hernandez D_EFENDA NT/RESPONDENT: Defendant, The Whiting Turner Contracting Co. CASE NUMBER: 2OCV373930 10. c. Indicate the ADR process or processes that the party or parties are w illing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specifiedinformation): 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 corrpleted an ADR process or processes, indicate the status of the processes (attach a copy of the parties'ADR stipulation): (1) Mediation D D EDD Mediation session not yet scheduled Mediation session scheduled for(date): Agreedto corrplete mediation by (date): Mediation corrpleted on (date): (2) Settlement E conference DUDE Settlement conference not yet scheduled Settlerrent conference scheduled for (date): Agreed to corrplete settlement conference by (date) : Settlement conference conpleted on(date): (3) Neutral evaluation D DUDE Neutral evaluation not yet scheduled Neutral evaluation scheduled for(date): Agreed to corrplete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial D arbitration DUDE Judicial arbitration not yet scheduled Judicial arbitration scheduled for(date): Agreed to conplete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private D arbitration DUDE Private arbitration not yet scheduled Private arbitration scheduled for(date): Agreed to corrplete private arbitration by (date): Hivate arbitration conpleted on (date): (6) Other (specify): D DUDE ADR session not yet scheduled ADR session scheduled for(date): Agreed to conplete ADR session by (date): ADR cormleted on (date): CM-11o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page30f5 American Lenget, Inc. www.FormsWorldqowoon _ CM-110 _DEFENDANT/RESPONDENT: Defendant, The Whiting Turner Contracting Co. PLAINTIFF/PETITIONER: Alonso Hernandez CASE NUMBER: 200V37393O 11. 12. 13. 14. 15. Insurance a. U Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues will significantly affect resolution of this case (explain): Jurisdiction Indicate any matters that may affectthe court's jurisdiction or processing of this case and describe the status. D Bankruptcy D Other (specify): Status: Related cases, consolidation, and coordination a. D There are corrpanion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: U Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): Bifurcation D The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the follow ing issues or causes of action (specify moving party, type of motion, and reasons): Othe r m otions E The party or parties expectto file the following motions before trial (specify moving party, type of motion, and issues): Defendant may file a motion for summary judgment and other pre-trial motions including motions in limine. 16. Discovery a. D The party or parties have completed all discovery. b X The follow ing discovery will be corrpleted by the date specified (describeall anticipated discovery):m Description % Defendant Written Discovery May 2021 Defendant Depositions November 2021 Defendant Expert Discovery Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM'"°[Re"' Ju'y1' 2°11] CASE MANAGEMENT STATEMENT ”994°” American LegflNet, Inc. www.FormsWorkFlowoorr _ CM-110 . CASE NUMBER:PLAINTIFF/PETITIONER. Alonso Hernandez 20CV373930 ?EFENDANT/RESPONDENT: Defendant, The Whiting Turner Contracting Co. 17. Economic litigation a. D This is a lim'ted civil case(i.e., the amount dermnded is $25,000 or less) and the econom‘c litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. D This is a lim'ted civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery w ill be filed (ifchecked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues U The party or parties request that the follow ing additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. D 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): The parties are actively engaged in meet and confer on discowry, but have not addressed Rule 3.724 issues at this early stage. b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court, the parties agree on the following (specify): 20. Total nurrber of pages attached (ifany): 0 | am conpletely familiar withthis 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 w i|| 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: March 22, 2021 Ellen K. Demson ' (TYPE OR PRINT NAME) (SIGNATURE OF PARTY ORATTORNEY) b (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) D Additional signatures are attached. CM-“OIReV- Ju'vtml CASE MANAGEMENT STATEMENT ”985°” American LegalNa, Inc. www‘FormsWorlflow‘oon _ LOOONQU'I-POON-X NNNNNNNNNAAAAAAAAAA mNmU‘l-POJNAOQmNGU‘l-POONAO PROOF OF SERVICE Alonso Hernandez v. The Whiting Turner Contracting Co., et al. Santa Clara County Superior Court, Case No. 20CV373930 STATE 0F CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, | was over 18 years of age and not a party to this action. | am employed in the County 0f San Francisco, State of California. My business address is 425 Market Street, 26th Floor, San Francisco, CA 94105. On March 22, 2021, | served true copies of the following document(s) described as DEFENDANT'S CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: Jonathan E. Davis Attorneys for Plaintiff, Alonso Zachariah Hansen Hernandez THE ARNS LAW FIRM 515 Folsom Street, 3rd Floor San Francisco, California 94105 Phone: (415) 495-7800 Fax: (415) 495-7888 Emails: jed@arnslaw.com zdh@arnslaw.com mgb@arnslaw.com elm@arns|aw.com BY E-MAIL OR ELECTRONIC TRANSMISSION: | caused a copy of the document(s) to be sent from e-mail address ypete@hansonbridgett.com to the persons at the e-mail addresses listed in the Service List. | did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 22, 2021, at Richmond, California. Mug“, mW o'nne M. Pete
