Statement Case Management ConferenceCal. Super. - 6th Dist.April 1, 202121 CV381458 Santa Clara - Civil CMm FBming ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Yana G. Henriks (SBN 250638) F°R C°URTUSE °”” McMurray Henriks, LLP Electronically Filed 811 Wilshire Blvd. Suite 1640 b Su erior Court of CA Los Angeles, CA 9001 7 y p ’ County of Santa Clara, TELEPHoNENo.: (323) 931-6200 FAX N0.(optionao.- (323) 931-9521 on 1I1 4/2022 12:09 PM E-MA'LADDRESS (Optiona/r yhenrikS@IaW-mh-com Reviewed By: R. Fleming ATTORNEY FOR (Name): Plaintiff Tori Moses Case #21 cv381 458 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Envelope. 8063683 STREET ADDRESS: 191 North First Street I MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: ToriMoses DEFENDANT/RESPONDENT: HyattCorporation CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 21CV381458 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 1, 2022 Time: 10:00am Dept: 2 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Yana G. Henriks, Esq.; Khachatur Chris Ayvazyan, Esq. 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): Plaintiff, Tori Moses 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): May 24, 2021 b. E The cross-complaint, 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. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): CKG Industries Co. LTD., a corporation based in China and service is in process (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 of case in complaint E cross-complaint (Describe, including causes ofaction): Plaintiff was injured by the spontaneous explosion of glass while a patron at Hyatt Centric Mountain View Hotel. Plaintiff has alleged that Defendants failed to upkeep its hotel room glass showers, and that defendants failed to properly design, warn, install, and maintain said glass showers. Page 1 of5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT ClejieRsuée-izcggc-yugg Judicial Council of California CM-1 10 [Rev. July 1, 201 1] www.coun‘s.ca.gov CM-110 PLAINTIFF/PETITIONER: Tori Moses CASE NUMBER: DEFENDANT/RESPONDENT: Hyatt Corporation 21CV381458 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injwy 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.) The explosion of the glass door was so catastrophic and without warning, that it caused Plaintiff to fall to the ground, sustaining multiple lacerations and cuts to her wrists, hands, fingers, legs, and feet. Plaintiff, smothered in a sea of blood and glass, could not move without further causing injury to herself. As a result, Plaintiff sustained severe bodily injuries, deliberating complications that have impacted her day-to-day life, and ongoing emotional distress in an amount to be proven at trial.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. (Ifmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (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): This case will be ready for trial once all defendants have been served and have appeared in this case. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): See Attachment 6.0. governing trial counsel's trial schedule in which counsel is unavailable. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5-7 court days 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 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. 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 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 mandatoryjudicial 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 1141.11. (3)E 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, 201 1] CASE MANAGEMENT STATEMENT Page 2 °f5 CM-110 PLAINTIFF/PETITIONER: Tori Moses CASE NUMBER: DEFENDANT/RESPONDENT: Hyatt Corporation 21CV381458 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 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): E Mediation session not yet scheduledE Mediation session scheduled for (date):E Agreed to complete mediation by (date):E Mediation completed on (date): (1) Mediation E Settlement conference not yet scheduled (2) settlement E E Settlement conference scheduled for(date):conference E Agreed to complete settlement conference by(date):E Settlement conference completed on (date): E Neutral evaluation not yet scheduledE Neutral evaluation scheduled for (date): 3 N t | | t' I I( ) eu ra eva ua Ion E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbinding judicial E E Judicial arbitration scheduled for (date): arbitration E Agreed to completejudicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): E 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): E CM-110 [Rev. July 1, 2011] Page 3 of5CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Tori Moses CASE NUMBER: DEFENDANT/RESPONDENT: Hyatt Corporation 21CV381458 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 motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Plaintiff's Affirmative Motion for Summary Adjudication. 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 Description Date Plaintiffs Written Discovery Per Code Plaintiffs Depositions Per Code Plaintiffs Expert Discovery Per Code C. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Plainitiff served a formal preservation of evidence letter. Should any relevant evidence be destroyed and/or unavailable, Plaintiff shall bring a motion for sanctions for spoliation of evidence. CM'“°[R9V'J”'V 1'20“] CASE MANAGEMENT STATEMENT Pa9°4°f5 CM-110 PLAINTIFF/PETITIONER: Tori Moses CASE NUMBER: 21 CV381 458DEFENDANT/RESPONDENT: Hyatt Corporation 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 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. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules 0f Court (ifnot, explain): b. E 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): 1 | 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. J a Date: January 14, 2022 Q?Yana Henriks, Esq. (TYPE OR PRINT NAME) ‘(SIGNATURE OF PARTY OR ATTORNEY) L (SIGNATURE OF PARTY OR ATTORNEY)(TYPE OR PRINT NAME) E Additional signatures are attached. Page 5 of 5CASE MANAGEMENT STATEMENTCM-110 [Rev. July 1, 2011] MC-025 SHORT TITLE: CASE NUMBER:- Tori D. Moses V. Hyatt Corporation, et a1. 2 1CV3 8 1 45 8 ATTACHMENT (Number): 6M (This Attachment may be used with any Judicial Council form.) Dates Unavailable for Trial: 01/10/22 - 01/14/22; 01/17/22 - 01/21/22; 01/21/2022 ; 01/27/2022 02/02/2022 - 02/04/2022; 02/07/2022 - 02/1 1/2022; 02/22/2022 - 02/25/2022; 02/28/2022; 03/01/2022; 03/04/2022; 03/07/2022; 03/14-18, 21-23/2022; 03/25/2022 ; 03/28/2022 - 03/30/2022 04/05/2022 - 04/08/2022; 04/1 1/2022 - 04/13/2022 05/09/2022 - 05/13/2022; 05/31/2022; 06/01 - 03/2022; 06/06-07/2022; 06/30/2022 - 07/01/2022 - 07/07/2022; 07/18/2022; 07/21 - 25/2022; 08/01/2022 - 08/05/2022; 08/15/2022 - 08/19/2022; 12/5-12/7; 12/21/2022 - 12/23/2022 01/04/2023; 1/20/2023 02/06/2023--2/08/2023 (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 0f 1 A h I f ' . .ttac ment are made under pena ty o peljury ) (Add pages as reqUIred) Form Approved for Optional Use ATTACHMENT www.courtinfo.ca.gov Judicial Council of California M0025 [Rem July 1, 20091 to Judicial Council Form H PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County 0f Los Angeles, State 0f California. I am over the age of 18 and not a party to the within action; my business address is 811 Wilshire B1Vd., Suite 1640, Los Angeles, California 90017. On January 14, 2022 I served the foregoing document(s) described as: CASE MANAGEMENT STATEMENT by method indicated below, on the interested parties in this action by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: MCMURRAY HENRIKS, LLP 811 Wilshire Boulevard Suite 1640 Los Angeles, CA 90017 KOOOQQUl-bww NNNNNNNNNr-tr-Ab-Ab-Ar-tr-tr-Ab-Ab-Ar-t OONQUl-PUJNr-KOKOOONONUl-bWNr-to SEE ATTACHED SERVICE LIST BY PERSONAL DELIVERY: I caused a copy of the document to be delivered personally to the individual(s) named in the attached service list. BY OVERNIGHT DELIVERY: I enclosed the above-listed document(s) in an envelope 0r package provided by an overnight delivery carrier and addressed it t0 the referenced in attached service list. I placed the envelope 0r package for collection and overnight delivery at an area regularly utilized by said delivery carrier. BY FAX TRANSMISSION: Itransmitted the foregoing document(s) by facsimile transmission from (323) 93 1-9521 t0 the facsimile numbers indicated 0n the attached mailing list. The transmission was reported as complete and Without error 0n the transmission report, which was properly issued by the transmitting facsimile machine and, pursuant t0 Rule 2.306(h)(4), a copy 0f Which is attached to the original of this proof 0f service. BY U.S. MAIL: I enclosed said document(s) in a sealed envelope or package to each addressee. I placed the envelope for collection and mailing, following our firm’s ordinary business practices. I am readily familiar With the firm’s practice for collecting and processing correspondence for mailing. Under that practice, the correspondence is deposited With the United States Postal Service, With postage fully prepaid, 0n the same day in the ordinary course 0f business. BY ELECTRONIC MAIL: I transmitted the foregoing document(s) by electronic mail from kayvazyan@LaW-MH.c0m to the electronic mail addresses indicated 0n the attached mailing list. The transmission was reported as complete and Without error. gSTATE 2: I declare under penalty 0f perjury under the laws 0f the State of California that the above is true and correct. Executed on January 14, 2022 at Los Angeles, California. 5/meAyywa/n/ Khachatur Ayvazyan 1 PROOF OF SERVICE MCMURRAY HENRIKS, LLP 811 Wilshire Boulevard Suite 1640 Los Angeles, CA 90017 KOOONQUl-bwwr-t NNNNNNNNNr-tr-Ab-Ab-Ar-tr-tr-Ab-Ab-Ar-t OONQUl-PUJNr-KOKOOONONUl-bWNr-to SERVICE LIST: Tori D. Moses v. Hyatt Corporation, et al. Case N0. 21CV381458 Randall D. Gustafson, Esq. Katie C. Brach, Esq. Gabriella S. Burden, Esq. LINCOLN GUSTAFSON & CERCOS 550 W. “C” Street, Suite 1400 San Diego, CA 92101 Telephone: 619-233-1 150 Facsimile: 619-233-6949 Email: rgustafson@lgclawoffice.com; kbrach@lgclaw0ffice.com; gburden@lgclaw0ffice.com Attorneysfor Defendant, LUSARDI CONSTRUCTION COMPANY; PALMETTO HOSPITALITY 0FM0UNTAINVIEW, LLC D/B/A HYATT CENTRIC MOUNTAIN; 0T0 DEVELOPMENT Howard Roy Weber, Esq. WOOD SMITH HENNING BERMAN, LLP 1401 Willow Pass Road, Suite 700 Concord, CA 94520-3969 Telephone: 925-222-341 8 Email: hweber@wshblaw.com SReindl@wshblaw.com Attorneysfor Defendant, HYATT CORPORATION Raymond Meyer, Jr., Esq. Bryan Stofferahn, Esq. Joyce E. Clifford, Esq. BREMER, WHYTE, BROWN & O’MEARA, LLP 300 Frank H. Ogawa Plaza, Suite 355 Oakland, CA 94612 Telephone: (5 10) 540-4881 Facsimile: (510) 540-4889 Email: rmeyer@bremerwhyte.com bstofferahn@bremerwhyte.com jclifford@bremerwhyte.com mvijil@bremerwhyte.com Attorneysfor Defendant, SIMMONS GLASS & WINDOW, INC. 2 PROOF OF SERVICE
