Statement Case Management Conference

Cal. Super. - 6th Dist.March 25, 2021

21 CV381 1 29 Santa Clara - Civil Weflwmlstem ATTORNEY OR PARTYWITHOUT A'I'I'ORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Dennis D. Strazulo, Esq. SBN 124695; Elizabeth | Stewart, Esq., SBN 243249 Electronically Filed O’HAGAN MEYER . 221 Caledonia Street, Sasusalito, CA 94965 by SUperlor court Of CA’ County of Santa Clara, TELEPHONE No.: (415) 578-6900 FAX No.(thiona/): 0n 7/26/2021 7:45 PM E-MA'LADDRESS(0Pfi°"aI)= Reviewed By: System System ATrORNEY FOR (Name): DEFENDANT A & J PRECISION SHEETMETAL, INC. Case #21 CV381 129 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Envelope: 6927000 STREETADDRESS: 161 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 33 BRANCH NAME: PLAINTIFF/PETITIONER: JUAN ALDAMA DEFENDANT/RESPONDENT: A & J PRECISION SHEETMETAL, INC. CASE MANAGEMENT STATEMENT CASE NUMBERI (Check one): 'NLIMITED CASE E LIMITED CASE 21 CV381 129 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 10, 2021 Time: 3:45 pm Dept: 19 Div.: Room: Address of court (if different from the address above): 'otice of Intent to Appear by Telephone, by (name): Elizabeth Stewart INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answerone): a. This statement is submitted by party (name): A & J PRECISION SHEETMETAL, INC. 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-com plaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E A|| 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 case a- Type 0f C339 in complaint E cross-complaint (Describe, including causes of action): Sexual Harassment, Failure to Prevent Sexual Harassment, Failure to Investigate, Negligent Hiring, and Intentional Infliction of Emotional Distress Page 1 of 5 F05m Adopted for. Manda_tory pse CASE MANAGEMENT STATEMENT Cal. Rules of Court, udICIal CounCIl of California rules 3.720-3.730 CM-110 [Rev. July 1,201 1] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: JUAN ALDAMA CASE NUMBER; DEFENDANT/RESPONDENT: A & J PRECISION SHEETMETAL, INC. “W581 1Z9 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.) Plaintiff alleges he was subjected to sexual harassment while employed by A&J Precision Sheetmetal, Inc. and is seeking compensatory damages, punitive damages, and attorneys' fees and costs. A&J Precision Sheetmetal, Inc. denies the allegations set forth in the complaint. E (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 E a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been set for(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 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):3'5 b. E 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 inthe caption E by the following: a. Attorney: b. Firm: c. Address: d_ Telephone number: f. Faxnumber: e_ E-mailaddress: g. Partyrepresented:E Additional representation is described in Attachment 8. 9. 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 thiscase. (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 tojudicial 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 1 141 .1 1. (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-“O [Rev JU'W 20“] CASE MANAGEMENT STATEMENT Fag“ °f5 CM-110 PLAINTIFF/PETITIONER: JUAN ALDAMA DEFENDANT/RESPONDENTi A & J PRECISION SHEETMETAL, INC. CASE NUMBER: 21 CV381 129 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 com pleted an ADR process or processes, indicate the status of the processes (attach a copy of the parties'ADR stipulation): (1) Mediation @ediation session not yet scheduled E E E Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference -ettlement 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): DUDE DUDE DUDE DUDE EDD ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: JUAN ALDAMA CASE NUMBER= DEFENDANT/RESPONDENT; A & J PRECISION SHEETMETAL, INC. “W351 129 11. Insurance a. Insurance carrier, if any, for party filingthis statement (name): Berkly SeleCt b. Reservation of rights: 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 com panion, 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 motionto 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 orparties 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 December 2021 Depositions March 2022 Expert Discovery Per Code c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 1o [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page 4 of5 CM-110 PLAINTIFF/PETITIONER: JUAN ALDAMA CASE NUMBER:_ 21CV381 129 DEFENDANTRESPONDENT: A & J PRECISION SHEETMETAL, 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 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 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 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 0f Court, the parties agree on the following (specify): 20. Total number of pages attached (ifany): | 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: 7/26/21 Elizabeth Stewart ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY ORATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY ORATTORNEY)E Additional signatures are attached. CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page50f5 \DOOQONUl-PUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Juan Aldama v. A & JPrecision Sheetmetal, INC, et al. Santa Clara County Superior Court Case N0.: 21CV381129 O’Hagan Meyer File N0.: 1230-15223 I am over the age 0f eighteen years and not a party t0 the Within action. I am employed by O’HAGAN MEYER, Whose business address is 21550 Oxnard Street, Suite 1050, Woodland Hills, CA 91367. On July 26, 2021, I served the Within document(s) described as CASE MANAGEMENT STATEMENT on the parties in said action as follows: SERVICE LIST RAFII & ASSOCIATES. P. C. Attorneysfor Plaintiff, Robert Montes, Jr. Malek H. Shraibati 9100 Wilshire B1Vd., Ste Beverly Hills, CA 90212 (3 10)777-7877 faX(3 10)777-7855 robert@rafiilaw.com malek@rafiilaw.com g BY ELECTRONIC MAIL: 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 listed herein 0n this date. I did not receive Within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessfill. Executed 0n July 26, 2021, at Woodland Hills, California. TanyaW 1 PROOF OF SERVICE