Statement Case Management Conference

Cal. Super. - 6th Dist.March 24, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and eddressl: ANTftONY R. I,OPEE JR,r ESQ. / MARIE C. BALLON, ESQ. 137rtol / 22719 SOUTHWEST LEGAL GROUP 22440 CLARENDON STREET, SECOND FLOOR WOODLAND HILLS, CA 91369 TELEPHONE NOJ ( 8 1 8 ) 5 9 1 - j 3 0 0 FAX NO(optionatlr ( 8 1 8 ) 5 9 1 - 4 3 0 0 E-MAIL ADDREss: mba 1 1 on 8 swlega 1 grp . corn ATTORNEY FOR (Namelr PLAINT I FF SUPERIOR COURTOF CALIFORNIA, COUNTYOF SANTA CLARA sTREET ADDREss: 1 9 1 N . FIRST STREET MAILING ADDRESS: cITY AND zIP coDE: SAN JOSE r CAL I FORNIA 9 5 1 1 3 BRANcH NAME: DOWNTOWN COURTHOUSE PLAINTIFF/PETITIONER: ROSAL INA ARIAS FOR COURT USE OAlLY CM-110 DEFENDANT/RESPONDENT: K I ROS G I RMAY WOLDEMAANTA ABEBE HAILU ET AL CASE MANAGEMENT STATEMENT (Check one): ~ UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 25, 2022 Time: 10: 00 am Dept.: 7 Address of court (if different from the address above): CASE NUMBER: 21CV381072 Div.: Room: Notice of intent to Appear by Telephone, by(name): Marie C . Ballon, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. ~ This statement is submitted by party (name): Plainti f f b. ~ 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): March 24, 2021 b. ~ 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. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and explain 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. ~ The following additional parties may be added (specify names, nature ofinvolvementin case, and the date by which they may be served): 4. Description of case a. Type of case in ~ complaint ~ cross-complaint (Describe, including causes of action): Premises Liability, General Negligence Form Adapted far Mandatory Use Judicial Council of California WCEEI'ssential CM-110 [Rev. September 1, 2021] b. o plFo CASE MANAGEMENT STATEMENT Page 1 of 5 Cal, Rules of Coun, rules 3 720-3 730 vrrvvr. courts.ca.gov ARIAS, ROSALINA VS. YiALDEMAANTA Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/5/2022 3:58 PM Reviewed By: R. Fleming Case #21CV381072 Envelope: 7991239 21CV381072 Santa Clara - Civil R. Fleming PLAINTIFFiPETITIONER: ROSALINA ARIAS DEFENDANTIRESPQNDENT: K I ROS C I RlvjAY WOL DEMAANTA AHEBE HAILU ET AL CASE NUMBER: 21CV381072 CM-110 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date findicate source and amount), estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitabie reliefis sought, describe the nature of the relief) On or about April 10, 2019, Plaintiff was performina a walk through at Defendant's home located at llg S. Almaden Ave., in San Jose, CA. Defendants ATILT Services were performing services at the house and left an access hole to the basement on the kitchen floor unmarked. Plaintiff fell into the hole, falling 5 feet down. Plaintiff suffered serious injuries and sought treatment.~ (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 ~ a nonjury trial. (If more than one party, provide the name of each party requesting ajury trial): 6. Trial date a. ~ 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): Due to congested trial calendar, unavailable until June 2023. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~ days (specify number): J 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): ~ by the following: 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel ~ has ~ 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: Party ~ has ~ has not reviewed the ADR information package identified in rule 3.221. 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 of 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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq, (specify exemption): CM-110 [Rev. September 1, 2021] WCEB'ssential ceb.corn P3Forms- CASE MANAGEMENT STATEMENT Page 2 of 5 ARIAS, ROSALINA US. NALDEi~ANTA PLAINTIFF/PETITIONER: ROSALINA ARIAS DEFENDANT/RESPONDENT: K I ROS G I RMAY WOL DEMAANTA ABEBE HAILU ET AL CASE NUMBEE0 21CV381 072 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 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): lf 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 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): ~ ADR session not yet scheduled ~ ADR session scheduled for (date): ~ Agreed to complete ADR session by (date): ~ ADR completed on (date): CM-110 [Rev, September 1, 2021] ~QQB'I Essential ceb.corn I HForms- CASE MANAGEMENT STATEMENT Page 3 of 5 ARIAS, ROSALINA VS. NALDEMAANTA PLAINTIFF/PETITIONER:ROSALINA ARIAS DEFENDANTiREsPONDENT: K I ROS 6 I RMAY WOL DEMAANTA ABEBE HAILU ET AL 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: ~ Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (explain): CASE NUMBER; 21CV381072 CM-110 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.~ Bankruptcy ~ Other (specify); Status: 13. Related cases, consolidation, and coordination a, ~ 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. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party): 14, Bifurcation~ 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 motions~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (describe all anticipated discovery): ~Part ~oescri iion Plaintiff All dIscovery j ncludj ng expert witness depositions Date May 2023 c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] W CE8'l Essential ceb.corn l HForms. CASE MANAGEMENT STATEMENT Page 4 of 5 ARIAS, ROSAI INA VS. NALDEY~NTA PLAINTIFF/PETITIONEF(: ROSALINA ARIAS DF'FENDANTIRESPONDENT: KIROS GIRMAY WOLDEMAANTA ABEE)E HAILU ET AL CASE NUMBER: 21CV301072 CM-110 17. Economic litigation a. ~ 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. ~ This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for addigonal discovery will be filed (if checked, explain specifically bvhy economic litigation procedures relating to discovery or trial shouid 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): De fendant Woldemaanta has recently passed away. As such, the parties will need to amend their respective pleadings to name her estate in this action. 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): I 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 reof fired Date; January 5, 2022 [for M.B] (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 [Res. September 1, 2021] ICEB'I Essential ceb,corn lHForms. CASE MANAGEMENT STATEMENT Page 5 of 5 ARIAS, ROSALINA VS. WALDENAANTA PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA I am employed in the county of Santa Clara, State of California. I am over the age of eightee years and not a party to the within entitled action. My business address is 1735 N. First Street, Suit 309, San Jose, CA 95112. On January 5, 2022 I served the forgoing document described as CASE MANAGEMEN STATEMENT on the interested parties in this action as follows: 10 12 13 15 16 17 Michael J. Dodson, Esq. Philip M. Andersen & Associates 4450 Rosewood Drive, Suite 450 Pleasanton, California 94588 (925) 225-6838 (855) 732-9437 Facsimile mike.dodson c statefarm.com cali. Iaw-mike-dodson.096o02 statefaim.com Ashlee P. Clark, Esq. Seki, Nishimura k, Watase, LLP 600 Wilshire Blvd., Suite 1250 Los Angeles, CA 90017 Tel: (213) 481-2869 Fax: (213) 481-2871 fu'ioka snw-law.com Attorneys for Defendant(s), Artsede D. Tekle, tiros Gir may Woldemaanta, Tsion Girmay and Abebe Hailu Attorney for Defendant(s): Pacific Bell Telephone Company dba ATILT California 18 19 20 X BY ELECTRONIC SERVICE ONLY: from my email address mchairez swle al .com to the e-mail address(es) listed on the proof of service. 21 22 23 X (State) I declare under penalty of perjuiy, under the laws of the State of California that th foregoing is true and correct. Executed on January 5, 2022, at San Jose, California. 25 26 Melissa Chaire 27 28 CASE MANAGEMENT STATEMENT