Statement Case Management Conference

Cal. Super. - 6th Dist.March 3, 2021

21 CV3791 19 Santa Clara - Civil QMeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Abronson Law Offices Electronically Filed Louis S. Abronson, SB#203737 by Superior Court of CA, 332 North Second Street, San Jose, CA 951 12 County of Santa Clara, TELEPHONE No.: (408) 687-9155 FAX No. (Optional): (408) 352-5595 on 7/2/2021 10:32 AM E-MAILADDRESS(Optiona/): LSA@redhouselawyer.com Reviewed By: System System ATTORNEY FOR (Name): Michelle Kiss case #21 CV3791 19 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 67741 57 STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITYAND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Courthouse / Unlimited Civil PLAINTIFF/PETITIONER: Michelle Kiss DEFENDANT/RESPONDENT: Live Nation Worldwide, Inc. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE E LIMITED CASE 21 CV3791 1 9 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 7/20/2021 Time: 1:30 PM Dept: 2 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): 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): Michelle Kiss 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): 3/3/2021 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 (specify names and explain why not): (2) E 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. E The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of ca_se a- Type 0f 0339 In complaint E cross-complaint (Describe, including causes of action): Personal Injury (Premises Liability) Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 10 [Rev. July 1, 201 1] www.coun‘s.ca.gov CM-110 h) CASE NUMBER: 21 CV3791 19 PLAINTIFF/PETITIONER: Michelle Kiss EFENDANT/RESPONDENT: Live Nation Worldwide, Inc. 4. 10. 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.) Ms. Kiss was at Shoreline Amphitheater for a concert on August 24, 2019. As she and her husband were leaving the show and heading towards the exit, she passed one of the "lawn bars" in an area that had bad lighting, and it was leaking and created a pool of liquid on the asphalt. She slipped and suffered major injuries to her ankle, and minor injuries to her hands, knees, and back.E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 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): Trial date a. E The trial has been set for (date): b. 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): TriaIS/Arbitrations: 6/4-7/9, 8/2-8/6, 9/20-9/24, 11/1-1 1/19, 2021; 1/3-2/25, 314-3/18, 6/3-7/8, 7/29-8/1 2-2022 Trial Staff Vacations: Sept 6 - 12, 2021 Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3-5 b. E hours (short causes) (specify): 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 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. PreferenceE This case is entitled to preference (specify code section): 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 self-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 mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under ode 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 1141.11. (3) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“O IREV-JU'V 1' 20“] CASE MANAGEMENT STATEMENT ”962°” CM-110 PLAINTIFF/PETITIONER: Michelle Kiss DEFENDANT/RESF’ONDENTi Live Nation Worldwide, Inc. CASE NUMBER: 21CV3791 19 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, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-1 1 0 PLAINTIFF/PETITIONER: Micheue Kiss CASE NUMBER: 21 V 7 11 DEFENDANT/RESPONDENT: Live Nation Worldwide, Inc. C 3 9 9 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 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. EAmotionto D consolidate D coordinate winbefiled by(namepany): 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 wi|| be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Plaintiff Written Discovery Oct 2021 Plaintiff Depositions Nov 2021 Plaintiff Expert Discovery per code C_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-11o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of5 CM-110 PLAINTIFF/PETITIONER: Michelle Kiss CASE NUMBER:- 21 CV3791 19 DEFENDANT/RESPONDENT: Live Nation WOFIdWide, InC. 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 wi|| 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 wi|| be filed (if checked, explain specifically Why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): We are working to process the substitution of attorney for this matter. 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 (if not, explain): 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 number of pages attached (if any): | 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 wi|| 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: Jul 01 2021 Louis S. Abronson ’ CXW J flaw \J(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY)E Additional signatures are attached. CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page50f5 \DOOQONUl-bUJNr- NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-hUJNi-‘OKDOOQONUl-bUJNi-‘O PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA Kiss v. Live Nation Worldwide, inc. (Case N0. 21CV379119) I am employed in the County of Santa Clara, State of California. I am over the age 0f 18 and not a party t0 the Within action; my business address is 332 N Second Street, San Jose, CA 95 1 12. On July 2, 2021, I served the documents described below 0n the parties indicated below: Documents Served: ° Case Management Statement Parties Served: Yvonne V. Jorgensen Van De Poel, Levy, Thomas, Arneal, LLP 1600 South Main Plaza, Suite 325 Walnut Creek, CA 94596 Email: yjorgensen@vanlevy1aw.com Roger D. Hecht Farling, Hedcht, & Davis, LLP 96 North 3rd Street, Suite 660 San Jose, CA 95 123 Roger@fl1dllp.com (By Regular Mail) I am readily familiar with the firm’ s practice for collection and processmg of correspondence for mailing. Under that practice, 1n the ordinary course 0f business, correspondence would be deposited With the United States Postal Service on the same day with postage thereon fully prepaid. (By Electronic Transmission) copies of each documents listed above were served e-lect-ronically 0n the individual(s) listed above. This ls necessitated during the declared National Emergency due to the Coronavirus (Covid- 19) pandemic because this office will be working remotely, not able t0 send physical mail as usual, and is therefore using only electronic mail. N0 electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. We will provide a physical copy, upon request only, When we return to the office at the conclusion 0f the national emergency. (By Fax) Copies 0f each document listed above were sent by Facsimile Transmission to the above Fax number 0n the below date. (By Personal Service) Copies of each document listed above were personally served upon the individual listed above. I declare under penalty 0f perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Jose, California, on July 2, 2021. Ariah Hume 1 PROOF OF SERVICE