Statement Case Management Conference

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Anthony R. Lopez, Jr., Esq. 137401/Marie C. Ba11on, Esq. 227191 SOUTHWEST LEGAL GROUP 22440 CLARENDON STREET, SECOND FLOOR WOODLAND HILLS, CA' 91369 TELEPHONE NO.: ( 818 ) 5 91- 4 3 0 0 FAX NO.(Optional): ( 818 ) 5 91- 4 3 0 0 E-MAILADDRESS(Optiona/J: mballon@swlegalgrp. com ATTORNEYFOR(Name): PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 N. FIRST STREET MAILING ADDRESS: CITYANDZIPCODE SAN JOSE, CALIFORNIA 95113 BRANCHNAME: DOWNTOWN COURTHOUSE PLAINTIFF/PETITIONER: ROSALINA ARIAS DEFENDANT/RESPONDENT: KIROS GIRMAY WOLDEMAANTA ABEBE HAILU ET AL CASE MANAGEMENT STATEMENT CASE NUMBER: FOR COURT USE ONLY (Check one): IX) UNLIMITED CASE 0 LIMITED CASE 21 CV 3 81 0 7 2 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 3, 2021 Time: 2:15pm Dept.: 7 Div.: Room: Address of court (if different from the address above): IX) 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. 1. Party or parties (answer one): a. IX) This statement is submitted by party (name): Plaintiff b. D 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 2 4, 2 0 21 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) CM-110 a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. IX) The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) IX) have been served but have not appeared and have not been dismissed (specify names): AT&T CORP AND PACIFIC BELL TELEPHONE COMPANY were served on May 26, 2021 (3) D 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 the date by which they may be served): 4. Description of case a. Type of case in IX) complaint D cross-complaint (Describe, including causes of action): Premises Liability,General Negligence Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] CEB"I ~ssentia! ceb.com ~Forms CASE MANAGEMENT STATEMENT ARIAS, ROSALINA Page 1 of 5 Cal. Rules of Court, rules 3. 720·3. 730 www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/15/2021 3:47 PM Reviewed By: System System Case #21CV381072 Envelope: 6858136 21CV381072 Santa Clara - Civil System System PLAINTIFF/PETITIONER:ROSALINA ARIAS DEFENDANT/RESPONDENT: KIROS GIRMAY WOLDEMAANTA ABEBE HAILU ET AL CM-110 CASE NUMBER: 21CV381072 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 [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.) On or about April 10, 2019, Plaintiff was performing a walk-through at Defendant's home located at 114 S. Almaden Ave., San Jose, CA. Defendants AT&T Services were performing services at the house and left an access hole to the basement on the kitchen floor unmarked and not roped off. Plaintiff fell into the hole falling 5 feet down. Plaintiff suffered serious injuries and sought D (If more space is needed, check this box and attach a page designated as Attachment 4b.) treatment • 5. Jury or nonjury trial The party or parties request lXI a jury trial D a non jury trial. requesting a jury trial): (If more than one party, provide the name of each party 6. Trial date a. D The trial has been set for (date): b. lXI 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 2022. 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. lXI days (specify number): 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 lXI by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 D has lXI 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D 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) D 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) D 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. July 1, 2011] C£B.I Essential ceb.com rn Forms· CASE MANAGEMENT STATEMENT Page 2 of5 ARIAS, ROSALINA CM-110 PLAINTIFF/PETITIONER:ROSALINA ARIAS CASE NUMBER: - 21CV381072 DEFENDANT/RESPONDENT: KIROS GIRMAY WOLDEMAANTA ABEBE HAILU ET AL 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): (1) Mediation (2) Settlement conference (3) Neutral evaluation (4) Nonbinding judicial arbitration (5) Binding private arbitration (6) Other (specify): CM-110 [Rev. July 1, 2011] cEB·[-:_ssentla~ ceb.<:om roForms The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): 1Z1 Mediation session not yet scheduled w D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation completed on (date): 1Z1 Settlement conference not yet scheduled w D Settlement conference scheduled for (date): D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled D D Judicial arbitration scheduled for (date): D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled D D Private arbitration scheduled for (date): D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CASE MANAGEMENT STATEMENT Page 3 of5 ARIAS, ROSALINA CM-110 . PLAINTIFF/PETITIONER: ROSAL INA ARIAS DEFENDANT/RESPONDENT: KIROS GIRMAY WOLDEMAANTA ABEBE HAILU ET AL 11. Insurance a. D 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): 12. Jurisdiction CASE NUMBER: 21CV381072 Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate 14. Bifurcation will be filed by (name party): D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. [X) The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Plaintiff All discovery including expert witness depositions. Date May 2022 c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110[Rev. July 1, 20111 CASE MANAGEMENT STATEMENT f.,~Pn: I~:~~:~ ARIAS, ROSALINA Page4 of5 CM-110 PLAINTIFF/PETITIONER: ROSALINA ARIAS - DEFENDANT/RESPONDENT: KIROS GIRMAY WOLDEMAANTA ABEBE HAILU ET AL 17. Economic litigation CASE NUMBER: 21CV381072 a. D 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. D 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 discovery or trial should not apply to this case): 18. Other issues D The party or parties request that the following 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 (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 required. Date: July 15, 2021 ANTHONY R I.OPEZ r ,JR , ESQ. (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) CM-110 [Rev. July 1, 2011] CEB" I a:_ssentla~ ceb.com m Forms ~~4~. _'d_~-~--~---- (SIGNATURE OF PARTY OR A DORNEY) ~----------------------- (SIGNATURE OF PARTY OR A DORNEY) D Additional signatures are attached. CASE MANAGEMENT STATEMENT ARIAS, ROSALINA Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROOF OF SERVICE [1013A (3) C.C.P.J STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the county of Los Angeles, State of California. I am over the age o eighteen years and not a party to the within entitled action. My business address is 22440 Clarendon Street, Suite 200, Woodland Hills, California 91367. On July 15, 2021, I served the forgoing document described as PLAINTIFF'S CAS MANAGEMENT STATEMENT, on the interested parties in this action by placing the origina true copies thereof enclosed in a sealed envelope, addressed as follows: Michael J. Dodson, Esq. Philip M. Andersen & Associates 4450 Rosewood Drive, Suite 450 Pleasanton, CA 94588 Tel: (925) 225-6838 .Fax: (855) 732-9437 Email: Mike.dodson(q{statefarm.com Attorneys for Defendant( s) Artsede D. Tekle, Kros Girmay Woldemaanta, Tsion Girma7 & Abebe Hailu x__ BY ELECTRONIC SERVICE ONLY: from my email address analopez@swlegalgrp.com to the e-mail address( es) listed on the proof of service. I am "readily familiar" with this firm's practice of collecting and processin correspondence for mailing. I know that the correspondence is deposited with the U.S. Posta Service on the same day this declaration was executed in the ordinary course of business. I kno that the envelope was sealed and with postage thereon fully prepaid, placed for collection an mailing on this date, following ordinary business practices at Woodland Hills, California. By Mail, by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Woodland Hills, California addressed as set forth above. By Overnight Delivery, I am "readily familiar" with the firm's practice of collection and processing correspondence for overnight delivery. Under that practice, it is delivered to an authorized courier by the express service to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid. (State) I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. 26 Executed on July 15, 2021, at Woodlan 27 28 PROOF OF SERVICE