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  • Jane Doe vs BIG BROTHERS BIG SISTERS OF AMERICA, a California corporation, et al.Other PI/PD/WD Unlimited (23) document preview
  • Jane Doe vs BIG BROTHERS BIG SISTERS OF AMERICA, a California corporation, et al.Other PI/PD/WD Unlimited (23) document preview
  • Jane Doe vs BIG BROTHERS BIG SISTERS OF AMERICA, a California corporation, et al.Other PI/PD/WD Unlimited (23) document preview
  • Jane Doe vs BIG BROTHERS BIG SISTERS OF AMERICA, a California corporation, et al.Other PI/PD/WD Unlimited (23) document preview
  • Jane Doe vs BIG BROTHERS BIG SISTERS OF AMERICA, a California corporation, et al.Other PI/PD/WD Unlimited (23) document preview
  • Jane Doe vs BIG BROTHERS BIG SISTERS OF AMERICA, a California corporation, et al.Other PI/PD/WD Unlimited (23) document preview
  • Jane Doe vs BIG BROTHERS BIG SISTERS OF AMERICA, a California corporation, et al.Other PI/PD/WD Unlimited (23) document preview
  • Jane Doe vs BIG BROTHERS BIG SISTERS OF AMERICA, a California corporation, et al.Other PI/PD/WD Unlimited (23) document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY COURTNEY P. PENDRY, Esq. (State Bar No. 327382) MANLY, STEWART & FINALDI 19100 Von Karman Ave., Suite 800 Irvine, CA 92612 TELEPHONE NO.:(949) 252-9990 (949) 252-9991 FAX NO. (Optional): cpendry@manlystewart.com E-MAIL ADDRESS (Optional): Plaintiff, JANE BE DOE ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS:1200 Aguajito Road MAILING ADDRESS: Monterey, CA 93940 CITY AND ZIP CODE: BRANCH NAME:Monterey Branch PLAINTIFF/PETITIONER: JANE BE DOE DEFENDANT/RESPONDENT: BIG BROTHERS BIG SISTERS OF AMERICA, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: LIMITED CASE 21CV000805 (Check one): [KJ UNLIMITED CASE D (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: May 17, 2022 Time: 10:00 a.m. Dept.: 15 Div.: Room: Address of court (if different from the address above): [KJ Notice of Intent to Appear by Telephone, by (name): Courtney P. Pendry, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [KJ This statement is submitted by party (name): Plaintiff, JANE BE DOE 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): 3/12/2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [KJ The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) [KJ have been served but have not appeared and have not been dismissed (specify names): Big Brothers Big Sisters of Monterey County - service of FAC by publication completed 4/11/22 (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 [KJ complaint D cross-complaint (Describe, including causes of action): Complaint for (1) Intentional Infliction of Emotional Distress; (2) Negligence; (3) Breach of Fiduciary Duty; (4) Constructive Fraud (Civil Code Sec. 1573); (5) Sexual Harassment (Civil Code Sec. 51.9; (6) Sexual Battery; (7) Gender Violence (Civil Code Sec. 52.4; (8) Violation of Penal Code Sec. 288(a); and (9) Violation of Penal Code Sec. 647.6(a)(1). 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-110 [Rev. July 1, 2011] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: JANE BE DOE CASE NUMBER: DEFENDANT/RESPONDENT: BIG BROTHERS BIG SISTERS OF AMERICA, et al. 21CV000805 4. b. Provide a brief statement of the case, including any damages. (If personal 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.) The Plaintiff, a victim of childhood sexual abuse, was sexually abused by Defendant Jon David Woody, an agent and/or employee of Big Brother's Big Sisters of America and Big Brothers Big Sisters of Monterey County. Plaintiff has alleged various damages as a result of the abuse she suffered, including economic pain and suffering. D (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 CKJ a jury triaI D a nonjury trial.(If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for(date): b. [KJ (if 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 not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Trials already set for: 02/23/2022-04/23/2022; 08/26/2022-09/26/2022; and 10/03/2022-11/03/2022. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 7-14 days b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial[KJ by the attorney or party listed in the captionD 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 CKJ 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 to mandatory judicial 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 to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (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-110 [Rev. July 1, 2011] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: JANE BE DOE CASE NUMBER: DEFENDANT/RESPONDENT: BIG BROTHERS BIG SISTERS OF AMERICA, et al. 21CV000805 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): [KJ Mediation session not yet scheduled D Mediation session scheduled for (date): (1) Mediation [KJ D Agreed to complete mediation by (date): D Mediation completed on (date): D Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): D D Settlement conference completed on (date): D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): (3) Neutral evaluation D D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D Judicial arbitration scheduled for (date): D arbitration D Agreed to complete judicial arbitration by(date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for(date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): - D ADR session not yet scheduled D ADR session scheduled for (date): (6) Other (specify): D Agreed to complete ADR session by (date): D D ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: JANE BE DOE CASE NUMBER: DEFENDANT/RESPONDENT: BIG BROTHERS BIG SISTERS OF AMERICA, et al. 21CV000805 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 A motion to D consolidate D coordinate wiII be filed by (name party): 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 (specify moving party, type of motion, and issues): The party or parties expect to file the following motions before trial 16. Discovery a. D The party or parties have completed all discovery. b. [KJ The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Jane BE Doe Written Discovery Within 6 mos. Plaintiff Jane BE Doe Depositions Within 9 mos. Plaintiff Jane BE Doe Subpoena's to Third Parties Within 6 mos. Plaintiff Jane BE Doe Expert Discovery Per code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: JANE BE DOE CASE NUMBER: DEFENDANT/RESPONDENT: BIG BROTHERS BIG SISTERS OF AMERICA, et al. 21CV000805 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 will 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. 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. D 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): 0 I 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: April 29, 2022 Courtney Pendry, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) ► (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the county of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 19100 Von Karman Ave., Suite 800, Irvine, CA 92612. On April 29, 2022, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested parties in this action addressed as follows: SEE ATTACHED SERVICE LIST BY U.S. MAIL: I served the documents by enclosing them in an envelope and placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business’s practice of collection and processing of correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. X BY E-MAIL OR ELECTRONIC TRANSMISSION I caused the documents to be sent to the persons on the e-mail addresses as listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. BY FACSIMILE TRANSMISSION: The facsimile machine I used complied with California Rules of Court 2.301 and no error was reported by the machine. Pursuant to rule 2.306(h), I caused the machine to print a record of the transmission, a copy of which is attached to this proof of service. BY OVERNIGHT DELIVERY: I caused the above-referenced document(s) to be delivered via overnight delivery, for delivery to the above address(es). _____(State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. _____(Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction, the service was made. Executed on April 29, 2022, Irvine, California. ___________________________ Sadaf Anwar 1 PROOF OF SERVICE SERVICE LIST Alison M. Crane, Esq., Partner Tara A. Murray, Esq. Bledsoe, Diestel, Treppa & Crane LLP 180 Sansome, 5th Floor San Francisco, CA 94104 T: 415-981-5411 F: 415-981-0352 acrane@bledsoelaw.com tmurray@bledsoelaw.com calendar@bledsoelaw.com Counsel for Defendants Big Brothers Big Sisters of America PAUL CALEO pcaleo@grsm.com MARK HEISEY mheisey@grsm.com GORDON REES SCULLY MANSUKHANI, LLP 1111 Broadway, Suite 1700 Oakland, CA 94607 Telephone: (510) 463-8600 Facsimile: (510) 984-1721 Attorneys for Defendant BOYS & GIRLS CLUB OF MONTEREY COUNTY 2 PROOF OF SERVICE