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  • **TRANSFERRED TO SOMONA CO.** JANE DOE ET AL VS. AIRBNB, INC WRONGFUL EVICTION document preview
  • **TRANSFERRED TO SOMONA CO.** JANE DOE ET AL VS. AIRBNB, INC WRONGFUL EVICTION document preview
  • **TRANSFERRED TO SOMONA CO.** JANE DOE ET AL VS. AIRBNB, INC WRONGFUL EVICTION document preview
  • **TRANSFERRED TO SOMONA CO.** JANE DOE ET AL VS. AIRBNB, INC WRONGFUL EVICTION document preview
  • **TRANSFERRED TO SOMONA CO.** JANE DOE ET AL VS. AIRBNB, INC WRONGFUL EVICTION document preview
  • **TRANSFERRED TO SOMONA CO.** JANE DOE ET AL VS. AIRBNB, INC WRONGFUL EVICTION document preview
  • **TRANSFERRED TO SOMONA CO.** JANE DOE ET AL VS. AIRBNB, INC WRONGFUL EVICTION document preview
  • **TRANSFERRED TO SOMONA CO.** JANE DOE ET AL VS. AIRBNB, INC WRONGFUL EVICTION document preview
						
                                

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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Michele Floyd (SBN 163031); Amy Fisher (SBN 323936) Sacks, Ricketts & Case, LLP 177 Post Street, Suite 650, San Francisco, CA 94108 TELEPHONE NO.: (415) 549-0580 FAX NO. (Optional): (415) 549-0640 ELECTRONICALLY E-MAIL ADDRESS (Optional): mfloyd@srclaw.com; afisher@srclaw.com FILED ATTORNEY FOR (Name): Defendant Airbnb, Inc. Superior Court of California, County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street 06/09/2020 MAILING ADDRESS: Clerk of the Court CITY AND ZIP CODE: San Francisco, CA 94102 BY: DAVID YUEN Deputy Clerk BRANCH NAME: Civic Center PLAINTIFF/PETITIONER: Jane Doe DEFENDANT/RESPONDENT: Airbnb, Inc. et al. CASE MANAGEMENT STATEMENT CASE NUMBER: CGC-20-582389 (Check one): UNLIMITED CASE LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 24, 2020 Time: 10:30 a.m. Dept.: 610 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Michele Floyd; Amy Fisher 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): Defendant Airbnb, Inc. b. 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. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. 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): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. 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 complaint cross-complaint (Describe, including causes of action): Plaintiffs claim they were constructively evicted by an Airbnb Host from an accommodation they booked using Airbnb's online platform. Airbnb will file a motion to compel arbitration on June 10, 2020. Per SFSC's COVID Pub. Not., a hearing date has not yet been set. 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 Doe CASE NUMBER: CGC-20-582389 DEFENDANT/RESPONDENT: Airbnb, Inc. et al. 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.) Plaintiffs claim they were constructively evicted by an Airbnb Host from an accommodation they booked using Airbnb's online platform. Airbnb is not seeking any damages. (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 triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Note: This matter is subject to binding contractual arbitration (see 12 below) 6. Trial date a. 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): Note: This matter is subject to binding contractual arbitration (see 12 below) 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): b. 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 by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference 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 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 has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 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) 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) 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 Doe CASE NUMBER: CGC-20-582389 DEFENDANT/RESPONDENT: Airbnb, Inc. et al. 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 Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement 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 Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Jane Doe CASE NUMBER: CGC-20-582389 DEFENDANT/RESPONDENT: Airbnb, Inc. et al. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. 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. Bankruptcy Other (specify): Binding contractual arbitration Status: Absent stipulation to arbitrate Airbnb, Inc. will move to compel arbitration on June 10, 2020. 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 14. Bifurcation 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): Absent entry of a stipulation to arbitrate, Defendant Airbnb, Inc. will file a motion to compel arbitration on June 10, 2020. Per S.F.S.C.'s Public Notice regarding reopening of court services following COVID closure, a hearing date has not yet been set. 16. Discovery a. 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 c. 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 Doe CASE NUMBER: CGC-20-582389 DEFENDANT/RESPONDENT: Airbnb, Inc. et al. 17. Economic litigation a. 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. 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 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. 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): 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: June 9, 2020 Amy E. Fisher (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT PROOF OF SERVICE 1 2 I am employed in the County of San Francisco, State of California. I am over the age of eighteen years and not a party to the within action My business address is Sacks, Ricketts & 3 Case, LLP, 177 Post Street, Suite 650, San Francisco, California 94108. 4 On June 9, 2020, I served the following document(s) described as: 5 DEFENDANT AIRBNB, INC.’S CASE MANAGEMENT STATEMENT 6 on the following interested parties to this cause: 7 Attorney for Plaintiffs Attorneys for Defendants Stanley 8 Michael Astanehe Anderson and Cathryn Anderson ASTANEHE LAW Alison M. Crane 9 71 Stevenson Street, Suite 400 Rachel N. Rivers San Francisco, CA 94105 BLEDSOE, DIESTEL, TREPPA & CRANE 10 Telephone: 415-2267170 LLP Facsimile: 415-462-1732 180 Sansome Street, 5th Floor 11 Email: mastanehe@astanehelaw.com San Francisco, California 94104 Telephone: (415) 981-5411 12 Facsimile: (415) 981-0352 Email: acrane@bledsoelaw.com 13 rrivers@bledsoelaw.com 14 METHOD OF SERVICE 15 16  ONLY BY ELECTRONIC TRANSMISSION. E-mailing the document(s) to the persons at the e-mail address(es) listed based on notice previously provided that, during 17 the Coronavirus (Covid-19) pandemic, this office will be primarily working remotely, unable to send physical mail as usual, and is therefore using only electronic mail. We 18 will assume our email service was successful on the date of transmission unless we receive an electronic message or other indication that the transmission was not received 19 on that date. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 Executed on June 9, 2020, at San Francisco, California. 22 23 ___________________________________ 24 Jessica Talavera-Rauh 25 26 27 28 1 _____________________________________________________________________________________________ PROOF OF SERVICE CASE NO. CGC-20-582389