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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Michael S. Burke / Emily Fowler
Vogl Meredith Burke LLP
456 Montgomery Street, 20th Floor
San Francisco, California 94104
TELEPHONE NO.: (415) 398-0200
E-MAIL ADDRESS (Optiona).
ATTORNEY FOR (Name): Defendant Safeway Inc.
SBN: 150062 / 258152
FAX NO, (Optiona):(415) 398-2820
FOR COURT USE ONLY
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OFSAN FRANCISCO
street aooress:400 McAllister Street
mating appress:400 McAllister Street
erry ano zip cove: San Francisco, 94102-4515
BRANCH NAME: Civic Center Courthouse
02/13/2019
Clerk of the Court
BY:RAYMOND WONG
Deputy Clerk
PLAINTIFF/PETITIONER: Linda Stevens
DEFENDANT/RESPONDENT: Safeway Inc., et al.
CASE MANAGEMENT STATEMENT
UNLIMITED CASE [7] umitep case
(Amount demanded
exceeds $25,000)
(Check one):
or less)
(Amount demanded is $25,000
CASE NUMBER:
CGC-18-570150
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date:February 27, 2019 Time: 10:30 a.m. Dept.:610
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Emily Fowler
Div.: Room:
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 Safeway Inc.
b. [] This statement is submitted jointly by parties (names):
a. The complaint was filed on (date):
The cross-complaint, if any, was filed on (date): December 13, 2018
3. Service (to be answered by plaintiffs and cross-complainants only)
Complaint and cross-compiaint (to be answered by plaintiffs and cross-complainants only)
a. [1] 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) [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):
Superior Electrical Mechanical & Plumbing, Inc.
(3) [£1] have had a default entered against them (specify names):
c. [7] 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
Premises liability and negligence allegations.
(Describe, including causes of action):
Paget ofS
Formas Counclel Calforia CASE MANAGEMENT STATEMENT Gal Rules Sout
OM-110 Rev. July 1, 2011]
werw.courts.ca.gov
Westlaw Doc & Form BukdereCM-110
PLAINTIFF/PETITIONER: Linda Stevens CASE NUMBER:
" CGC-18-570150
DEFENDANT/RESPONDENT: Safeway 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, fost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff allege injuries and damages related to a slip and fall on defendant's premises.
[df more space is needed, check this box and attach a page designated as Attachment 4b.)
6. Jury or nonjury trial
The party or parties request ajury trial [7] a nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. (_] The trial has been set for (date):
b. [2] Notrial 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):
Trials: April 2, 2019; May 6, 2019; May 20, 2019; June 14, 2019; June 24, 2019 (vacation); July 19, 2019; July 24, 2019; July 29,
2019; August 5, 2019; August 26, 2019; November 4, 2019; November 25, 2019; January 13, 2020; February 3, 2020
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number):3-5 days
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 [7_] by the following:
a. Attorney:
b. Firm:
c. Address: 456 Montgomery Street, 20th Floor, San Francisco, California 94104
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
[£2] 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 [7] has [1 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) [2] 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 Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 fRev. July 1,207] CASE MANAGEMENT STATEMENT Page2ofsCM-110
| PLAINTIFF/PETITIONER: Linda Stevens
DEFENDANT/RESPONDENT: Safeway Inc., et al.
[CASE NUMBER’
CGC-18-570150
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
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 compieted on (date):
(6) Other (specify):
OUOU;O000;O000/0000;0000;0000
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 (Rev. duly 1, 2077)
CASE MANAGEMENT STATEMENT
Page 30F5CM-110
PLAINTIFF/PETITIONER] inda Stevens CASE NUMBER:
[— CGC-18-570150
DEFENDANT/RESPONDENTSafeway Inc., et al.
11, Insurance
a. (] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [7] Yes [7] No
«. CJ] 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.
(J Bankruptey [—] other (specify):
Status:
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. [-JAmotionto [7] consolidate [—] coordinate _will be filed by (name party):
14, Bifurcation
[1 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
[J The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
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
Defendant Safeway Inc. Written Discovery May 2019
Defendant Safeway Inc. Depositions July 2019
Defendant Safeway Inc. Other Discovery Unknown
Defendant Safeway Inc. Expert Discovery Per Code
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CmAHO Ren. uty, 2017 CASE MANAGEMENT STATEMENT Page afCM-110
PLAINTIFF/PETITIONER: Linda Stevens (CASE NUMBER:
CGC-18-570150
DEFENDANT/RESPONDENT: Safeway 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):9.
| 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: February 12, 2019
Emily Fowler ula A O
(TYPE OR PRINT NAME) “SGIGNATURE OF PARTY OR ATTORNEY)
(SIGNATURE OF PARTY OR ATTORNEY)
[] Additional signatures are attached.
(TYPE OR PRINT NAME)
(CM-110 Rev. July 1, 2071]
CASE MANAGEMENT STATEMENT Page 5 ofSoe IN DH RB WB ND
De NR BY NR DY NR RD RD et
oa DAH FF BW NR = S&C wD HN AH BF BW NR S&S S
Linda Stevens vs. Safeway Inc., et al.
San Francisco County Superior Court Case No. CGC-18-570150
PROOF OF SERVICE
I, Katherine Eng, declare as follows:
Iam a citizen of the United States, I am over the age of eighteen (18) years and am not a party to
this action. I am employed in the City and County of San Francisco, State of California, and my business
address is 456 Montgomery Street, 20th Floor, San Francisco, California, 94104.
On February 12, 2019, I served or caused the within: CASE MANAGEMENT STATEMENT on the
attorney(s) of record in this action as follows:
X by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully
prepaid, and deposited the same for collection and mailing at San Francisco, California,
following ordinary business practices, addressed as set forth below.
Plaintiff's Attorney:
John Fitzpatrick Vannucci, Esq.
Law Offices of John Fitzpatrick Vannucci
1388 Sutter Street, Suite 605
San Francisco, California 94109
Telephone No: (415) 981-7500
Facsimile No: (415) 981-5700
Iam readily familiar with this law firm’s practice for the collection and processing of documents
for mailing, Federal Express overnight mail, and facsimile transaction and said document(s) are
deposited with the United States Postal Service or Federal Express depository on the same day in the
ordinary course of business.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration was executed on February 12, 2019, in San Francisco,
California.
Katherine Eng
1
PROOF OF SERVICE
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Michael S. Burke / Emily Fowler Vogl Meredith Burke LLP 456 Montgomery Street, 20th Floor San Francisco, California 94104 TELEPHONE NO.: (415) 398-0200 E-MAIL ADDRESS (Optiona). ATTORNEY FOR (Name): Defendant Safeway Inc. SBN: 150062 / 258152 FAX NO, (Optiona):(415) 398-2820 FOR COURT USE ONLY ELECTRONICALLY FILED Superior Court of California, County of San Francisco SUPERIOR COURT OF CALIFORNIA, COUNTY OFSAN FRANCISCO street aooress:400 McAllister Street mating appress:400 McAllister Street erry ano zip cove: San Francisco, 94102-4515 BRANCH NAME: Civic Center Courthouse 02/13/2019 Clerk of the Court BY:RAYMOND WONG Deputy Clerk PLAINTIFF/PETITIONER: Linda Stevens DEFENDANT/RESPONDENT: Safeway Inc., et al. CASE MANAGEMENT STATEMENT UNLIMITED CASE [7] umitep case (Amount demanded exceeds $25,000) (Check one): or less) (Amount demanded is $25,000 CASE NUMBER: CGC-18-570150 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:February 27, 2019 Time: 10:30 a.m. Dept.:610 Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Emily Fowler Div.: Room: 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 Safeway Inc. b. [] This statement is submitted jointly by parties (names): a. The complaint was filed on (date): The cross-complaint, if any, was filed on (date): December 13, 2018 3. Service (to be answered by plaintiffs and cross-complainants only) Complaint and cross-compiaint (to be answered by plaintiffs and cross-complainants only) a. [1] 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) [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): Superior Electrical Mechanical & Plumbing, Inc. (3) [£1] have had a default entered against them (specify names): c. [7] 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 Premises liability and negligence allegations. (Describe, including causes of action): Paget ofS Formas Counclel Calforia CASE MANAGEMENT STATEMENT Gal Rules Sout OM-110 Rev. July 1, 2011] werw.courts.ca.gov Westlaw Doc & Form BukdereCM-110 PLAINTIFF/PETITIONER: Linda Stevens CASE NUMBER: " CGC-18-570150 DEFENDANT/RESPONDENT: Safeway 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, fost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff allege injuries and damages related to a slip and fall on defendant's premises. [df more space is needed, check this box and attach a page designated as Attachment 4b.) 6. Jury or nonjury trial The party or parties request ajury trial [7] a nonjury trial. (if more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. (_] The trial has been set for (date): b. [2] Notrial 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): Trials: April 2, 2019; May 6, 2019; May 20, 2019; June 14, 2019; June 24, 2019 (vacation); July 19, 2019; July 24, 2019; July 29, 2019; August 5, 2019; August 26, 2019; November 4, 2019; November 25, 2019; January 13, 2020; February 3, 2020 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number):3-5 days 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 [7_] by the following: a. Attorney: b. Firm: c. Address: 456 Montgomery Street, 20th Floor, San Francisco, California 94104 d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: [£2] 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 [7] has [1 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [2] 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 fRev. July 1,207] CASE MANAGEMENT STATEMENT Page2ofsCM-110 | PLAINTIFF/PETITIONER: Linda Stevens DEFENDANT/RESPONDENT: Safeway Inc., et al. [CASE NUMBER’ CGC-18-570150 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 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 compieted on (date): (6) Other (specify): OUOU;O000;O000/0000;0000;0000 ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 (Rev. duly 1, 2077) CASE MANAGEMENT STATEMENT Page 30F5CM-110 PLAINTIFF/PETITIONER] inda Stevens CASE NUMBER: [— CGC-18-570150 DEFENDANT/RESPONDENTSafeway Inc., et al. 11, Insurance a. (] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [7] Yes [7] No «. CJ] 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. (J Bankruptey [—] other (specify): Status: 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. [-JAmotionto [7] consolidate [—] coordinate _will be filed by (name party): 14, Bifurcation [1 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 [J The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 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 Defendant Safeway Inc. Written Discovery May 2019 Defendant Safeway Inc. Depositions July 2019 Defendant Safeway Inc. Other Discovery Unknown Defendant Safeway Inc. Expert Discovery Per Code c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CmAHO Ren. uty, 2017 CASE MANAGEMENT STATEMENT Page afCM-110 PLAINTIFF/PETITIONER: Linda Stevens (CASE NUMBER: CGC-18-570150 DEFENDANT/RESPONDENT: Safeway 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):9. | 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: February 12, 2019 Emily Fowler ula A O (TYPE OR PRINT NAME) “SGIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) [] Additional signatures are attached. (TYPE OR PRINT NAME) (CM-110 Rev. July 1, 2071] CASE MANAGEMENT STATEMENT Page 5 ofSoe IN DH RB WB ND De NR BY NR DY NR RD RD et oa DAH FF BW NR = S&C wD HN AH BF BW NR S&S S Linda Stevens vs. Safeway Inc., et al. San Francisco County Superior Court Case No. CGC-18-570150 PROOF OF SERVICE I, Katherine Eng, declare as follows: Iam a citizen of the United States, I am over the age of eighteen (18) years and am not a party to this action. I am employed in the City and County of San Francisco, State of California, and my business address is 456 Montgomery Street, 20th Floor, San Francisco, California, 94104. On February 12, 2019, I served or caused the within: CASE MANAGEMENT STATEMENT on the attorney(s) of record in this action as follows: X by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, and deposited the same for collection and mailing at San Francisco, California, following ordinary business practices, addressed as set forth below. Plaintiff's Attorney: John Fitzpatrick Vannucci, Esq. Law Offices of John Fitzpatrick Vannucci 1388 Sutter Street, Suite 605 San Francisco, California 94109 Telephone No: (415) 981-7500 Facsimile No: (415) 981-5700 Iam readily familiar with this law firm’s practice for the collection and processing of documents for mailing, Federal Express overnight mail, and facsimile transaction and said document(s) are deposited with the United States Postal Service or Federal Express depository on the same day in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on February 12, 2019, in San Francisco, California. Katherine Eng 1 PROOF OF SERVICE