Statement Case Management ConferenceCal. Super. - 6th Dist.November 23, 202020CV373930 Santa Clara - Civil QMeMIsttem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Zachariah D. Hansen SBN: 267755 The Arns Law Firm 5 15 Folsom Street, 3rd Floor, San Francisco SAN FRANCISCO, CA 94105 TELEPHONE No: 4 1 5-495-7800 FAX No‘ (Optional);4 1 5-495-7888 E-MAIL ADDRESS (Optional): zdh@arnslaw,com ATTORNEY FOR (Name): Plaintiff, Alonso Hernandez FOR COURTUSE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/23/2021 11:19 AM Reviewed By: System System Case #20CV373930 SUPERIOR COURT 0F CALIFORNIA, COUNTY OFSanta c1ara STREEr ADDRESS: 191 N. First Street MAILING ADDRESS: CITY ANDZIP CODE: San Jose, CA 951 13 BRANCH NAME: Envelope: 6090545 PLAINTIFF/PETITIONER: Alonso Hernandez DEFENDANT/RESPONDENTI The Whiting-Turner Contracting Companv CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 20CV373930 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Div.: Room:Date:Anril 6. 2021 Time:3:45 pm. Deptszl Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name):Zachariah D_ Hansen 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):Plaintjff. Alonso Hernandez b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-com plaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date):November 23, 2020 b. E The cross-complaint, 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 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 (special names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specifi/ names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): Description of case 8- Type 0f case in complaint E cross-complaint (Describe, including causes of action): Negligence. Page1 of 5 Form Adopted f0! Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California CM-110 [Rev. July1, 2011] rules 3720-3730 www.courtsca‘gov Wesllaw Doc 8: Form BLI‘lder- CM-110 PLAINTIFF/PETITIONER: Alonso Hernandez CASE NUMBER: . . . , 20CV373930 DEFENDANTRESPONDENT The Whltmg-Turner Contractan ComDanV 44 b. Provide a brief statement of the case, including any damages. (prersona/ injury damages are sought, specify the injuty 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.) See Attachment 4B (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. (Ifmore than one party, provide the name of each party requesting a jury trial): 64 Trial date a. E The trial has been set for (date): b. No trial date has been set. This case will be ready fortrial within 12 months ofthe date of the filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specifi/ dates and explain reasons for unavailability): 7. Estimated length of ttial The party or parties estimate that the trial will take (check one): a. days (specilj/ number):7_1() 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. 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 aboutthe 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 tojudicial arbitration or civil action mediation (if available). (1) E This matter is subjectto mandatoryjudicial arbitration under Code 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) 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 .‘l ‘I. (3) 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): The amount in controversy exceeds $50,000.00 CM-“OIReV‘ July 1- 2°“! CASE MANAGEMENT STATEMENT Pam“ CM-110 DEFENDANT/RESPONDENTIThe Whiting-Tumer Contracting Companv PLAI NTI FF/PETITIONERI Alonso Hernandez CASE NUMBER: 20CV373930 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 E 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) Nonbindingjudicial 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 (specify): DUDE DUDE DUDE DDDD 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, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM.1 1o PLAINTIFF/PETITIONERAIOHSO Hernandez CASE NUMBER: DEFENDANT/RESPONDENTThe Whiting-Turner Contracting Company 20CV373930 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. 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 ofmotion, 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): Pam Descrigtion % Plaintiff PMQ Depositions 0f Defendants TBD 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-1 10 PLAINTIFF/PETITIONERzAlonSO Hernandez CAsE NUMBER: 20CV373930 DEFENDANT/RESPONDENT The Whiting-Turner Contracting Companv 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 withdrawthe 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 (specifil): 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules of Court (ifnot, 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 (ifany): 1 | 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 these issues at the time of the case management conference, including the written authority of the party where required. Date: March 22, 2021 , CZ; (SIGNATURE OF PARTY OR ATTORNEY) Zachariah D. Hansen (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached.(TYPE OR PRINT NAME) CM.110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page sofs Attachment 4B On or about February 6, 2020, Plaintiff ALONSO Hernandez was acting within the course and scope of his employment with his employer Danny’s Construction Co. Plaintiff was employed as a journeyman when he was operating a gradall. As he exited the gradall he stepped into an uncovered hole, fell and was seriously injured. As a result of Defendant’s negligence and breach of duty, Plaintiff suffered a severe injury to his right knee and foot when he was stepping off of a gradall through an area controlled and maintained by Defendants, each of them on the project and he stepped into an uncovered or unprotected hole and suffered injuries, requiring surgery and preventing him from performing his full usual and customary occupation as an ironworker.