Statement Case Management Conference

Cal. Super. - 6th Dist.April 1, 2021

21 CV381 540 Santa Clara - Civil °CM-1 100 ATrORNEY 0R PARTY WITHOUT ATrORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ”y“U" ' ”3 °tem David W. Hughes SBN: 88738 Laughlin, Falbo, Levy & Moresi LLP Electronically Filed One Capitol Mall, Suite 400 by superior Court of CA, sacrament“ CA 95814 I County of Santa Clara, TELEPHONE, N0.: (925) 499-4999 FAX No. (Optional): (925) 348-971 0 on 7,1 2/2021 11 :27 AM E-MAIL ADDRESS (Optional): dhughes@|f|m.com . ATrORNEY FOR (Name); Santa Clara Valley Transportation Authority Eewewed By: SYStem SyStem SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara base #21 CV381 54o STREET ADDRESS: 191 North First Street EnveloPe: 6825299 MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: Santa Clara Valley Transportation Authority DEFENDANT/RESPONDENT: Dean Kratzer, Lyft, Inc. CASE MANAGEMENT STATEMENT Eqsgvggik4o (Check one): g UNLIMITED CASE D LIMITED CASE 5 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 8/10/2021 Time: 1:30 p.m. Dept: 2 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): David W. Hughes INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. g This statement is submitted by party (name): Santa Clara Valley Transportation Authority 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): 4/1/2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D A|| parties named in the complaint and cross-complaint have been served, have appeared. or have been dismissed. b. g The following parties named in the complaint or cross-complaint (1) g have not been served (specify names and explain why not): Dean Kratzer, Lyft, |nc.: deferring activity due to 5/26/21 shootings (2) D have been served but have not appeared and have not been dismissed (specify names): (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 date by which they may be served): 4. Description of case a. Type of case in E complaint D cross-complaint (Describe, including causes ofaction): motor vehicle; negligence; workers compensation subrogation 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 10 [Rev. July 1, 201 1] www.courts.ca.gov American LegalNet, lnc. www,FormsWorkFlow.com CM-110 . ' ' CASE NUMBER: _ PLAINTIFF/PETITIONER. Santa Clara Valley Transportation Authority 21 CV381 540 DEFENDANT/RESPONDENT: Dean Kratzer, Ly'ft, Inc. 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.) Defendant Kratzer, a Lyft driver, turned in front of VTA light rail at Burton Avenue and N. First Street, San Jose, CA. An employee of VTA, Hector Vielma, was injured and filed a workers compensation claim. Benefits were paid and plaintiff seeks recovery from defendants. Plaintiff requests the court to continue the CMC for a period of 120 days because of the recent shootings. D (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 g a jury trial D a nonjury trial. (If more than one party, provide the name of each parTy requesting a jury trial): 6. Trialdate a. D Thetrialhas been setfor (date): b. E No trial date has been set. This case wi|| be ready for trial within 12 months of the date ofthe filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys wi|| 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 wi|| take (check one): a. E days (specify number): 5-7 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial g 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 E has D 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 t0 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) D Plaintiff elects to refer this case to judicial arbitration and agrees t0 limit recovery to the amount specified in Code of Civil Procedure section 1141 .1 1. (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-“OIReV- Ju'v 1'20“] CASE MANAGEMENT STATEMENT Pawn” American LegalNet, Inc. www,F0rmsWorkl-‘low‘com CM-110 . ' ' CASE NUMBER: _ PLAINTIFF/PETITIONER. Santa Clara Valley Transportation Authority 21 CV381 540 DEFENDANT/RESPONDENT: Dean Kratzer, Lyft, Inc. 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation E Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date) .' Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation D Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial D Judicial arbitration scheduled for (date): arb'tratlon Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled . . . Private arbitration scheduled for (date):5 BIndIn rlvate( ) 9 P D arb'tratlon Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specim: D ADR session scheduled for (date): Agreed to complete ADR session by (date): DEED DEED DEED DUDE DUDE DUDE ADR completed on (date): CM-“OIReV- JUIW’ZO“! CASE MANAGEMENT STATEMENT Pagews American LegalNet, Inc. www.FormsWorkFlow,00m , CM-110 PLAINTIFF PETITI NER: I V II T ' A h ' CASE NUMBER:_ / o Santa Cara a ey ransportatlon ut orIty 21CV381540 DEFENDANT/RESPONDENT: Dean Kratzer, Lyft, Inc. 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 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 Amotionto D consolidate D coordinate willbe filed by (nameparfy): 14. Bifurcation 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 wi|| be completed by the date specified (describe all anticipated discovery): Pa_rty Descrigtion % Plaintiff written discovery 1/1/22 depositions 4/1/22 wrap up discovery 7/1/22 experts per code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OIReV- Ju'v 1120111 CASE MANAGEMENT STATEMENT P3964“ American LegalNet, Inc. www,FormsWorkFlow‘com , CM-110 . ' ' CASE NUMBER:PLAINTIFF/PETITIONER. Santa Clara Valley Transportation Authority 21 CV381 540 _DEFENDANT/RESPONDENT: Dean Kratzer, Lyft, Inc. 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 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 wi|| 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 ofthe California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 ofthe 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: 7/1 2/21 David W. Hughes LDMW (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) b (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-“OIReV- JUIW’ZO“! CASE MANAGEMENT STATEMENT Pages“ American LegalNet, Inc. www.FormsWorkl-‘low‘com \OOOQONU‘I#UJI\Jr-t NNNNNNNNNr-tr-tr-Ar-Ar-Ar-Ar-tr-tr-Ar-t OONONM-RWNP-‘OKOOONONU‘I-RUJNr-lo PROOF OF SERVICE Case : SANTA CLARA VALLEY TRANSPORTATION AUTHORITY vs. DEAN KRATZER, LYFT, INC., et a1. Case # : 21CV381540 Court : Superior Court of California, County of Santa Clara I declare that: I am employed in the City 0f Concord, California. I am over the age 0f eighteen years} and not a party t0 the within cause; my business mailing address is One Capitol Mall, Suite H00, Sacramento, CA 95814. On, lune 12E 2021, I served in said cause, as follows: a ‘CASE MANAGEMENT CONFERNCE STATEMENT SEE ATTACHED SERVICE LIST g U.S. MAIL\CERTIFIED: I enclosed the documents in a sealed envelope 0r package addressed t0 the persons at the addresses as set forth below and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course 0f business with the United States Postal Service at Concord, California, in a sealed envelope with postage fully prepaid. FAX TRANSMISSION: I faxed the documents t0 the persons at the fax numbers listed below. No error was reported by the fax machine that I used. A copy 0f the record 0f the fax transmission, which I printed out, is attached. g EMAIL 0r ELECTRONIC TRANSMISSION: Per California Emergency Rules of Court Rule 12, the above-referenced documents are being served 0n these parties by electronic service. I did not receive, within a reasonable time after the transmission, any electronic message 0r other indication that the transmission was unsuccessful. g State: I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. EXECUTED 0n July 12, 2021 at Concord, California. < Yolanda Kirk SERVICE LIST :1: \OOOQONM-bWNr-K NNNNNNNNNHr-tr-At-tr-tr-At-tr-tr-At-t OONQUIAUJNF-‘OCOOVQU‘I-RUJNHO Hector Vielma P.O. BOX 26696 San Jose, CA 95159 Hector Vielma 2955 Neet Ave., Apt. 4, San Jose, CA 95128 Courtesy Cogy Omar Habbas, Esq. Habbas, Nasseri & Associates 675 N. lst St., Ste. 100 San Jose, CA 951 12 Tele: 408-278-0480 Fax: 408-278-0488 Email: attomevs@habbaslaw.com