Statement Case Management Conference

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

21 CV381072 Santa Clara - Civil CMFd T&ming ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)e1 2841 7 FOR COURT USE ONLY Janet L" KeUDer’ Esq" Electronically Filed Seki, Nishimura & Watase, LLP by Superior court of CA, 600 Wilshire Blvd., Suite 1250, Los Angeles, CA 90017 county of Santa C|ara’ TELEPHONE No.: 21 3-481 2869 FAX No. (0ptiona/):21 3-481 -2871 on 1/6/2022 2:54 PM E-MAILADDRESS(Optional):jkeuper@an-Iaw.com Reviewed By: R. Fleming ATTORNEY FOR(Name):Pacific Bell Telephone Company dba AT&T California case #21 cv331 072 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara Envelope: 8000581 STREET ADDRESS: 191 N. 1st Street MAILING ADDRESS: 191 N. 1st Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME Downtown Superior Court PLAINTIFF/PETITIONER: Rosalina Arias DEFENDANT/RESPONDENT: Kiros Girmay Woldemaanta, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE E LIMITED CASE 21 CV381 072 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 01/25/2022 Time: 10:00 AM Dept: Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Janet L. Keuper 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. The cross-complaint, if any, was filed on (date): July 16, 2021 3. Service (to be answered by plaintiffs and cross-complainants only) a. E 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 of involvement in case, and date by which they may be served): 4. Description of ca_se a- Type 0f 0359 In complaint E cross-complaint (Describe, including causes of action): Personal Injury - Premises liability; general negligence Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-1 1O [Rev. July 1, 201 1] www.courts.ca.gov CM-110 DEFENDANT/RESPONDENT: Kiros Girmay Woldemaanta, et al. CASE NUMBER: 21 CV381 O72 PLAINTIFF/PETITIONER: Rosalina Arias 4. 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.) Defer to Plaintiff. E (Ifmore 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 ofthe date of the filing of the complaint (if not, explain): C' Beet?§n%“ev¥§38% 3PWfi1°6€fi$WF Sofi'Qh“§%8fioav¥?H'§‘%%tf8é?rbaé/69?205¥6’2f82ffl fixf/Sgiéi?so°é’fi 20/2%7%V€/W/533' 07/1 1/22, 07/1 2/22,08/02/22, 08/05/22, 09/21/22, 09/27/22, 10/1 8/22, 11/08/22, 11/09/22, 12/1 3/22, 05/1 2/23, Estirfiéiééfigfigth of trial The party 0r parties estimate that the trial will take (check one): a. days (specify number): 5 days b. E hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties wi|| 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): 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 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 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110[Rev.Ju|y1,2011] CASE MANAGEMENT STATEMENT Page20f5 CM-110 PLAINTIFF/PETITIONER: Rosalina Arias DEFENDANT/RESPONDENT: Kiros Girmay Woldemaanta, et al. CASE NUMBER: 21 CV381 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 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 DUDE 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): DUDE DUDE DUDE DUDE DUDE 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): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 10 [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CMfllQ PLAINTIFF/PETITIONER: Rosanna Arias CASE NUMBER: 21 CV381 072 DEFENDANT/RESPONDENT; Kiros Girmay Woldemaanta, et al. 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 of motion, 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): Party Descrigtion Date Defendant Written Discovery Per Code Defendant Depositions Per Code Defendant Expert Witness Depositions 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, 201 1] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Rosalina Arias CASE NUMBER:- 21 CV381 072 DEFENDANT/RESPONDENT: KirOS Girmay WOIdemaanta, et al. 17. Economic litigation 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 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 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 (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. 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): | 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: January 6, 2022 Janet L Keuper ’ /s/ Janet L. Keuper (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page50f5 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 Woldemaanta, et a1. Case No. 21CV381072 I am employed in the County of Los Angeles, State 0f 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 90017. On January 6, 2022, I served the document described as: 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. Michael J. Dodson, Esq. Southwest Legal Group Philip M. Andersen & Associates 1735 N. First Street, Suite 309 Employees 0f the Law Department San Jose, CA 951 12 State Farm Mutual Automobile (408) 44 1 -1226 Insurance Company (408) 441-1733 (FAX) 4450 Rosewood Drive, Suite 450 mballon@swlegalgrp.com Pleasanton, CA 94588 analopez@swlegalgrp.com (925) 225-6838 Attorneys for Plaintiff (855) 732-9437 (FAX) Rosalina Arias mike.d0dson@statefarm.com cali.law-pleasant0n- eservice.08 1 002(61)statefarm.com Attorneys for Defendants Kiros Girmay Woldemaanta, Artsede D. Tekle, Abebe Hailu and Tsion Girmay // (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 0f 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 of 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 0f the document described above t0 be transmitted by facsimile transmission t0 the telephone number(s) set forth opposite the name(s) 0f the person(s) set forth above. MXX/ (BY ELECTRONIC SERVICE) Based on a court order or an agreement 0f the parties to accept service by electronic transmission, I caused the documents to be sent t0 the persons at the electronic notification address(es) listed above. // (BY PERSONAL SERVICE) I delivered such envelope by hand to the offices 0f 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 or other facility regularly maintained by FEDERAL EXPRESS to receive document(s) in an envelope 0r package with delivery fees paid. MXX/ (STATE) I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. Executed 0n January 6, 2022, at Los Angeles, California. /s/ SHELBYFUJIOKA Shelby Fujioka -1- PROOF OF SERVICE