Statement Case Management ConferenceCal. Super. - 6th Dist.August 6, 202121 CV386784 Santa Clara - Civil CMHmming ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Aidin D. Ghavimi, Esq. / John Vafa, Esq. (SBN 305808 / 306059) Electronically Filed STARPOINT,LC by Superior Court of CA, 15233 Ventura Boulevard, PH16 Sherman Oaks, CA 91403 County of Santa Clara, TELEPHONE No.: (31 0) 424-9971 FAX No. (Optional): (424) 255-4035 on 12/23/2021 9:26 AM E-MAILADDRESS(Optiona/): service@starpointlaw.com Reviewed By: R. Fleming ATTORNEY FOR (Name): Plaintiff, Katrina Serrano Case #21 CV386784 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 7925460 STREET ADDRESS: 191 North 1st Street MAILING ADDRESS: 191 North 1st Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: Katrina Serrano DEFENDANT/RESPONDENT: Basis Independent Schools, LLC, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE E LIMITED CASE 21 CV386784 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 01/04/2022 Time: 1:30 PM Dept: 2 Div.: Room: Address of court (if different from the address above): E Notice of Intent to Appear by Telephone, by (name): Aidin Ghavimi, 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, Katrina Serrano 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): 08/06/2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E All 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): working with defense counsel to serve individual Defendant Michael Block. (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 ca§e a- Type 0f 0339 In complaint E cross-complaint (Describe, including causes of action): Wrongful Termination in Violation of Public Policy; Failure to Pay Overtime Wages; Failure to Provide Meal Periods; Harassment in Violation of Gov't Code §§12900 et seq.; etc. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-1 10 [Rev. July 1, 201 1] www.coun‘s.ca.gov CM-110 h) CASE NUMBER: 21 CV386784 PLAINTIFF/PETITIONER: Katrina Serrano EFENDANT/RESPONDENT: Basis Independent Schools, LLC, et al. 4. 10. 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.) This action concerns wrongful termination, failure to provide meal and rest periods, and discrimination on the basis of physical disability. E (If more 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 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): 01/07/2022- 1/24/2022; 06/27/2022-07/08/2022; 08/22/2022-08/26/2022; 11/28/2022-12/02/2022; 12/23/2022-0 1 /1 6/2023; Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5 b. E hours (short causes) (specify): 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-mail address: g. Party represented:E Additional representation is described in Attachment 8. PreferenceE This case is entitled to preference (specify code section): 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 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“O IREV-JU'V 1' 20“] CASE MANAGEMENT STATEMENT ”962°” CM-110 DEFENDANT/RESPONDENTI Basis Independent Schools, LLC, et al. PLAINTIFF/PETITIONER: Katrina Serrano CASE NUMBER: 21 CV386784 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 DDDI 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 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 DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-1 1 0 PLAINTIFF/PETITIONER: Katrina Serrano CASE NUMBER: 21CV386784 DEFENDANT/RESPQNDENT; Basis Independent Schools, LLC, et al. 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: 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 133. b. EAmotionto D consolidate D coordinate winbefiled by(namepany): 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 wi|| be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Plaintiff Written Discovery Per Code Plaintiff Fact Depositions Per Code Plaintiff Expert 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, 2011] CASE MANAGEMENT STATEMENT Page 4 of5 CM-110 PLAINTIFF/PETITIONER: Katrina Serrano CASE NUMBER:- 21 CV386784 DEFENDANT/RESPONDENT: BaSiS Independent SChOOIS, LLC, et 3|. 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 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 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 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties met and conferred and agreed to informally exchange documents and information with the goal of attending an early mediation. Plaintiff respectfully requests the Court set a mediation status conference within 180 days of the CMC date. 19. Meet and confer a. 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 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: 12/22/2021 Aidin Ghavimi, Esq. D m (TYPE OR PRINT NAME) (SIGNATM 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 hm \OWQONUI 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County 0f Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 15233 Ventura Boulevard, Suite PH16, Sherman Oaks, CA 91403. On December 22, 2021, I served the foregoing documents described as: CASE MANAGEMENT STATEMENT on the interested parties in this matter of Serrano V. Basis Independent Schools, LLC, et al.: SEE SERVICE LIST ( ) BY FIRST CLASS MAIL: By placing copies thereof enclosed in sealed envelopes addressed to the interested parties and depositing such envelope(s) in the mail at LOS ANGELES, California. The envelopes were mailed With postage thereon fully prepaid. I am "readily familiar" With the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited With U.S. Postal Service on the same day in the ordinary course of business. I am aware on motion of the party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after the date of deposit for mailing in affidavit. ( ) OVERNIGHT DELIVERY: () UPS () FedEx: I enclosed the documents in an envelope 0r package and addresses t0 the persons at the address stated in the SERVICE LIST. I placed the envelope 0r package for collection and overnight delivery at an office 0r a regular utilized drop box 0f the overnight delivery carrier. ( ) UPS / FEDEX DELIVERY: I enclosed the documents in an envelope 0r package and addresses t0 the persons at the address stated in the SERVICE LIST. Iplaced the envelope 0r package for collection and delivery at an office 0r a regular utilized drop box 0f the delivery carrier. ( ) FACSIMILE: I faxed the documents t0 the persons at the numbers listed in the SERVICE LIST. N0 error was reported by the fax system that I used. A copy 0f the record 0f the fax transmission can be provided upon request. (XX ) EMAIL/ELECTRONIC TRANSMISSION: Based on California Rule 0f Court 2.25 1(c)(3), a court order 0r an agreement of the parties t0 accept service by email or electronic transmission, I caused the documents to be sent t0 the person at the email addressed listed in the SERVICE LIST. I did not receive, within a reasonable time afier the transmission, any electronic message or other indication that the transmission was unsuccessful. (XX) STATE - I declare under penalty 0fpeljury under the laws 0fthe State of California that the above is true and correct. ( ) FEDERAL - I declare that I am employed in the office 0f a member 0f the bar 0f this court at whose direction the service was made. I declare under penalty ofpeljury under the laws 0f the United States that the above is true and correct. EXECUTED on December 22, 2021, in Los Angeles, California. 4/o¢ ”Z2- yéKeiéie Mi sinka \DMQQUIhDJNH NNNNNNNNNHHHHHHHHHH ®\l®UIhMNH©\D®\IO\UIhUJNHC Steven L. Friedlander, Esq. Galen P. Sallomi, Esq. SV Employment Law Firm PC 160 Bovet Road, Suite 401 San Mateo, CA 94402 Telephone: (650) 265-0222 Facsimile: (650)265-0223 sfriedlander@ svelf.com gsallomi@svelf.com September Rea, Esq. Stacey M. Shim, Esq. Polsinelli LLP 2049 Century Park East Suite 2900 Los Angeles, CA 90067 Telephone: (3 10) 556-1 801 Facsimile: (3 1 0) 556-1 802 srea@polsinelli.com sshim@polsinelli.com SERVICE LIST Counsel for Defendants, BASIS INDEPENDENT SCHOOLS, LLC SPRING EDUCATION GROUP, INC., SARA KOLB, and MICHAEL K. BLOCK Counsel for Defendants, BINS HOLDINGS, LLC
