Statement Case Management Conference

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

Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/19/2021 1:01 PM Reviewed By: System System Case #21CV381072 Envelope: 6874970 21CV381072 Santa Clara - Civil System System CM-1 10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT US Ashlee P. Clark (SBN 278672) E ONLY SEKI, NISHIMURA & WATASE, LLP 600 Wilshire Blvd., Suite 1250 Los Angeles, CA 90017 TELEPHONE N0; 21 3.481 -2869 FAX No. (Optional): 21 3-48 1 -2871 E-MAIL ADDRESS (Ophbnal): aclark@snw-Iaw.com ATTORNEY FOR (Name): Defendant Pacific Bell Telephone Company dba AT&T SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. 1st Street MAtLING ADDRESS: 191 N. 1st Street CITY AND zIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: ROSALINA ARIAS DEFENDANTIRESPONDENT: KIROS GIRMAY WOLDEMAANTA et a1. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE [:1 LIMITED CASE 21CV381°72 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as fonows: Date: August 3, 2021 Time: 2:15 p.m. Dept: 7 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Ashlee P. Clark 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): Defendant Pacific Bell Telephone Company dba AT&T 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): b. E The cross-complaint, if any, was filed on (date): July 16, 2021 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed. b. E The following parties named in the compiaint or cross-complaint (1) E have not been served (specify names and explain why not): Kiros Girmay Woldemaanta, Artsede D. Tekle, Abebe Hailu, Tsio Girmay (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. D The fonowing additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in E complaint [:3 cross-complaint (Describe, including causes of action): Personal injury - premises liability, general negligence. Page 1 of 5 Cal. Rules of Court, Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT rules 3120-3730 CM-110 [Rev. July 1, 2011] www.courtscagov CM-110 PLAINTIFF/PETITIONER: ROSALINA ARIAS CASE NUMBER: DEFENDANT/RESPONDENT: KIROS GIRMAY WOLDEMAANTA et aL 21CV381072 4. b. Provide a brief statement of the case, including any damages. (prersona/ 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.) WhiIe plaintiff was working on the property at 1144 S. Almaden Avenue, San Jose, CA, she fell approximately five feet in a hole landing in a cemented floor. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. 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): 6. Trial date a. [:3 The trial has been setfor (date): b. E 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 wi|l not be available for trial (specify dates and explain reasons for unavailability): 2022: 1/19, 4/4, 4/20, 4/28, 6/22, 6/28, 7/1, 7/11, 7/12, 8/2, 10/11 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5 days b. E3 hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [Z] 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-mailaddress: g. Party represented:E Additional representation is described in Attachment 8. 9. Preference E: 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 avaNable 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 CE 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: Party E 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 subject to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to 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 .1 1. (3)[j 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): Page 2 of 5CM” IR” “y " 2“” CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: ROSALINA ARIAS CASE NUMBER: DEFENDANT/RESPONDENT: KIROS GIRMAY WOLDEMAANTA et aI. 21CV381 072 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 panicipated in (check all that apply and provide the specified information): The party or parties completing If the party or parties compieting 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): [a Mediation session not yet scheduled [j Mediation session scheduled for (date):E Agreed to complete mediation by (date): [j Mediation completed on (date): (1) Mediation E E Settlement conference not yet scheduled (2) Settlement E S Settlement conference scheduled for(date): conference E: Agreed to complete setflement conference by(date):E Settlement conference completed on(date): [j Neutral evaluation not yet scheduled 3 N | C] Neutral evaluation scheduled for (date): e tra eval t‘on( ) U ua | E] Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): [:3 Judicial arbitration not yet scheduled (4) Nonbindmgjudicial D [:3 Judicial arbitration scheduled for (date): arbitration [:3 Agreed to completejudicial arbitration by (date): [j Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private [:3 E Private arbitration scheduled for (date): arbitration [j Agreed to complete private arbitration by (date):E Private arbitration completed on (date): [j ADR session not yet scheduledE ADR session scheduled for (date): E] Agreed to complete ADR session by (date):E ADR completed on (date): (6) Other (specify): C] Page 3 of 5CW” IR“ “y 1' 2m” CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: ROSALINA ARIAS CASE NUMBER: DEFENDANT/RESPONDENT: KIROS GIRMAY WOLDEMAANTA et al. 21CV381072 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes E3 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. [j Bankruptcy E] Other (specify): Status: 13. Related cases, consolidation, and coordination a. E3 There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [:j Additional cases are described in Attachment 13a. b. E A motion to [:3 consolidate [j coordinate wiH be filed by (name party): 14. Bifurcation [j 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 E: The party or parties expect to file the fonowing motions before trial (specify moving paITy, type of motion, and issues): 16. Discovery a. E: The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovely): Party Description Date Defendant Written discovery Defendant Depositions Defendant Expert witness depositions Per Code c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Page 4 of 5CM” ‘Rev‘ “y 1' ”1” CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: 21 CV381 072 PLAINTIFF/PETITIONER: ROSALINA ARIAS DEFENDANT/RESPONDENT: KIROS GIRMAY WOLDEMAANTA et al. 17. Economic litigation a E Thus Is a llmlted 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 withdraw the case from the economic litigation procedures or for additional dlscovery WIII be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues C: 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 E: 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 E After meeting and conferring as required by rule 3.724 of the California Rules of Court, the pames agree on the followmg (speciljl): 20. Total number of pages attached (if any): I am completely fammar wuth thls case and will be fully prepared to discuss the status of discovery and alternatcve 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 Ashlee P. Clark (TYPE 0R PRINT NAME) (SIGNATURE OF‘M’TY 0R ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY)(TYPE OR PRINT NAME) E Additional signatures are attached. Page 5 of 5CASE MANAGEMENT STATEMENTCMv‘I 10 [Rev. Juiy 1, 201 1] “Clear MS!” ; For your protection and privacy, please press the Clear This Form button after you have printed the form. I Print this form a I save this form l 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES Rosalina Arias V. Kiros GirmaV et a1. Case No. 21CV381072 I am employed in the County of Los Angeles, State of California. I am over the age 0f 18 and not a party t0 this action. My business address is 600 Wilshire Boulevard, Suite 1250, Los Angeles, California 900 1 7. On July 19, 2021, I served the document described as: PACIFIC BELL TELEPHONE COMPANY DBA AT&T CALIFORNIA’S CASE MANAGEMENT STATEMENT on the interested parties in the action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Maria C. Ballon, Esq. Southwest Legal Group 1735 N. First Street, Suite 309 San Jose, CA 951 12 (408) 441-1226 (408) 441-1733 (FAX) mballon@swlegalgrp.com analopez@swlegalgrp.com Attorneys for Plaintiff Rosalina Arias // (BY MAIL) Iplaced the envelope for collection and mailing 0n the date shown above, at this office, in Los Angeles, California, following our ordinary business practices. I am readily familiar with the office’s practice of collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course 0f business with the U.S. Postal Service in a sealed envelope With postage fully prepaid. // (BY FACSIMILE TRANSMISSION) I caused a true and complete copy of the document described above to be transmitted by facsimile transmission t0 the telephone number(s) set forth opposite the name(s) of the person(s) set forth above. /XXX/ (BY ELECTRONIC SERVICE) Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification address(es) listed above. // (BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee(s). // (BY OVERNIGHT DELIVERY) I caused such envelope t0 be deposited at a station designated for collection and processing 0f envelopes and packages for overnight delivery service by FEDERAL EXPRESS. Such envelope, in the ordinary course 0f business, is that same day deposited in a box 0r other facility regularly maintained by FEDERAL EXPRESS to receive document(s) in an envelope 0r package With delivery fees paid. /XXX/ (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on July 19, 2021, at Los Angeles, California. /s/ STEPHANIE K. CHIN Stephanie K. Chin -1- PROOF OF SERVICE