Preview
CM-110
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stato Ber numbar, and address):
Stephen J. Foley, Esq. SBN 220752
[Elizabeth Pacheco, Esq. SBN 246258
Foley & Mansfield, P.L.L.P.
1111 Broadway, 10th Floor
Oakland, CA 94607
TELEPHONE NO: 510-590-9500
E-MAlL ADDRESS (Optionay)
ATTORNEY FOR (Nome): Defendant Riley Power Inc.
FAXNO. (Options: 510-590-9595
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aopress: 400 McAllister St.
maiuNc apoRess: 400 McAllistex St.
civanozecovs: San Francisco, CA 94102
Branch name, Civic Center
PLAINTIFF/PETITIONER-Veda Koshes, as Wrongfill Death Heir, and as Suocessor-in-Interest to
Frank Joseph Koshes (In Pro Per)
DEFENDANT/RESPONDENTRiley Power Inc.
FOR COURT USE ONLY
ELECTRONICALLY
FILED
Superior Court of Calfomia,
County of San Fran
NOV 02 20
GORDON PARK-L.
BY: LUCIA RAMOS
Deput
CASE MANAGEMENT STATEMENT
(Check one): x | UNLIMITED CASE LIMITED CASE CGC-08-274728
(Amount demanded {Amount demanded is $25,000
exceeds $25,000) or less)
CASE NUMBER:
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 11/19/09 Time:1:30 p.m. Dept:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name):
Room: 206
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. Lx] This statement is submitted by party (vame):Defendant Riley Power Inc.
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint {fo 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-complainanis only)
a. All parties named in the complaint and cross-compiaint have been served, or have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-compiaint
(1) have not been served (specify nares and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(8) |__J have had a default entered against them (specify names):
G The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
4. Description of case
a. Type ofcasein (a) complaint [_] cross-compiaint
(Describe, including causes of action):
Wrongful death injury action due to alleged asbestos exposure.
Page 1 of 4
Form Adopted for Mandetary Use
dudicial Council of Califomia
Ch110 Rev. January 1, 2009}
CASE MANAGEMENT STATEMENT
‘Cal, Rules of Gaurt,
ules 3.720-3.730
isco.
9
, Clerk
ly ClerkCN-110
PLAINTIFF/PETITIONER: Veda Koshes, as Wrongful Death Heir, and as) CASE NUMBER:
Successor-in-Interest to Frank Joseph Koshes {In Pro Per) _oR-
DEFENDANT/RESPONDENT: Riley Power Inc. CGC-08-274728
4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, iost
eamings to date, and estimated future fost earings. if equitable retief is sought, describe the nature of the relief.)
Plaintiff claims decedent, Frank Joseph Koshes's illness and death was
caused by defendant by exposure to asbestos resulting in diagnosis of
Asbestosis in which defendant is responsible. The defendant denies these
claims. The extent of plaintiff's damages are not know by defendant.
[_] (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 [x | ajury trial [__] anonjurytrial. —_(f 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. Lid 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 availabe 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. |x] days (specify number): 25-30 days
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial (Gc ] by the attomey or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number:
e. Fax number:
f. 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. Counsel Jhas [ has not provided the ADR information package identified in rule 3.221 to the client and has
reviewed ADR options with the client.
|__| All parties have agreed to a form of ADR. ADR will be completed by (date):
[] The case has gone to an ADR process {indicate status):
(CN+110 [Rev. January 1, 2009] CASE MANAGEMENT STATEMENT Page z of4CM-110
PLAINTIFF/PETITIONER: Veda Koshes, as Wrongful Death Heir, | casenumser:
[and as Successor-in-Interest to Frank Joseph Koshes CGC-08-274728
DEFENDANT/RESPONDENT: Riley Power Inc.
40. d. The party or parties are willing to participate in (check ail that apply):
(4) Mediation
(2) Nonbinding judicial arbitration under Code of Civit Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 3.822)
(3) [] Nenbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 3.822)
(4) Binding judicial arbitration
(8) Binding private arbitration
(6) Neutral case evaiuation
(7) [3x] Other (specify): This case is governed by the San Francisco Superior Court
Asbestos General Orders.
e. [__] This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed
the statutory limit.
f 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.
g. {__]} This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption):
1
. Settlement conference
[_] The party or parties are willing to participate in an early seftlement conference (specify when):
12. Insurance
a. [__] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: { jYes [__] No
c. [[-] Coverage issues will significantly affect resolution of this case (explain):
13, Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
Bankruptcy {__] Other (specify):
Status:
14. 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 14a.
b. A motion to consolidate coordinate will be filed by (name party):
15. 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):
16. Other motions
[ac] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant intends to file motions in limine and possible motion for summary
judgment.
GH-N19 Re January 12008) CASE MANAGEMENT STATEMENT Poon S ofCM-110
PLAINTIFFPETITIONER: Veda Koshes, as Wrongful Death Heir, | CASENuMaER:
land as Successor-in-Interest to Frank Joseph Koshes
DEFENDANT/RESPONDENT: Riley Power Inc. CGC-08-274728
17. Discovery
a. The party or parties have completed all discovery.
b. |x] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Riley Power Inc. Req, for Admissions, Form Interrogatories, Per CCP Code
Special Interrogatories, Req. for Prod. of Docs.
Defendant Riley Power Inc. Co-worker and product Per CCP Code
identification witness depositions
Defendant Riley Power Inc. Plaintiff's deposition Per CCP Code
G The following discovery issues are anticipated (specify):
18. Economic Litigation
a. [__} This is a limited civil case (.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90 through 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}:
19, Other issues
x! The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Motion to Withdrawal as Attorney of Records was filed on
date March 13, 2009.
20, Meet and confer
a The party or parties have met and conferred with ail 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 Callfomia Rules of Court, the parties agree on the following
(specify):
21, 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 ADR, 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, 5 ucing the written authority of the party where required.
Date: . 2009
Elizabeth Pacheco »
(TYPE OR PRINT NAME)
IF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
M-170 [Rev Janiery 7, 2008] CASE MANAGEMENT STATEMENT Payed of 4eC Se IA BD HW FE BW De
yooN RP NM NSN NH ON ON mm ae
ceo SW KR OW ee BH NM SF SS BS BO I KR HR ke BH NY KF S
Veda Koshes, et al. vs. Asbestos Defendants (BP)
San Francisco County Superior Court No.: 274728
Our File No.: 10502-
PROOF OF SERVICE
BY MAIL TO PLAINTIFF AND LEXIS NEXIS TO ALL COUNSEL
I, the undersigned, declare as follows:
Tam employed in the County of Alameda, California, and I am over the age of 18 years and not a
party to the within action. My business address is 1111 Broadway, 10! Floor, Oakland, California,
94607.
Wi2{200
On Octé I served the following documents(s) on the parties in said action by
placing a true copy in a sealed envelope and each envelope for service as designated below:
© DEFENDANT RILEY POWER, INC.’S CASE MANAGEMENT CONFERENCE
STATEMENT
Veda Koshes
137 Cedar Hill Road
Milford, CO 06461 TO ALL DEFENSE COUNSEL
In propria persona VIA LEXIS NEXIS ONLY
VIA U.S. MAIL,
[X] (By First Class Mail) - I caused each such envelope, with first-class postage thereon fully
prepaid, to be deposited in a recognized place of deposit of the U.S. mai! in Oakland, California,
for collection and mailing to the addressee on the date should herein following ordinary business
practices.
[X] (By Lexis Nexis File & Serve) - 1 electronically served to all defendant parties the above listed
documents(s) on the recipients designated on the Transaction Receipt located on the Lexis Nexis
File & Serve website.
] declare under penalty of perjury under the laws of the State of California that the foregoing is
h 206
true and correct and that this declaration was executed on Suse at Oakland, California.
/s/ C, Nicole Dille
C. NICOLE DILLE
t
PROOF OF SERVICE
Preview
CM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stato Ber numbar, and address): Stephen J. Foley, Esq. SBN 220752 [Elizabeth Pacheco, Esq. SBN 246258 Foley & Mansfield, P.L.L.P. 1111 Broadway, 10th Floor Oakland, CA 94607 TELEPHONE NO: 510-590-9500 E-MAlL ADDRESS (Optionay) ATTORNEY FOR (Nome): Defendant Riley Power Inc. FAXNO. (Options: 510-590-9595 SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aopress: 400 McAllister St. maiuNc apoRess: 400 McAllistex St. civanozecovs: San Francisco, CA 94102 Branch name, Civic Center PLAINTIFF/PETITIONER-Veda Koshes, as Wrongfill Death Heir, and as Suocessor-in-Interest to Frank Joseph Koshes (In Pro Per) DEFENDANT/RESPONDENTRiley Power Inc. FOR COURT USE ONLY ELECTRONICALLY FILED Superior Court of Calfomia, County of San Fran NOV 02 20 GORDON PARK-L. BY: LUCIA RAMOS Deput CASE MANAGEMENT STATEMENT (Check one): x | UNLIMITED CASE LIMITED CASE CGC-08-274728 (Amount demanded {Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 11/19/09 Time:1:30 p.m. Dept: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Room: 206 INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. Lx] This statement is submitted by party (vame):Defendant Riley Power Inc. b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint {fo 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-complainanis only) a. All parties named in the complaint and cross-compiaint have been served, or have appeared, or have been dismissed. b. The following parties named in the complaint or cross-compiaint (1) have not been served (specify nares and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (8) |__J have had a default entered against them (specify names): G The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Type ofcasein (a) complaint [_] cross-compiaint (Describe, including causes of action): Wrongful death injury action due to alleged asbestos exposure. Page 1 of 4 Form Adopted for Mandetary Use dudicial Council of Califomia Ch110 Rev. January 1, 2009} CASE MANAGEMENT STATEMENT ‘Cal, Rules of Gaurt, ules 3.720-3.730 isco. 9 , Clerk ly ClerkCN-110 PLAINTIFF/PETITIONER: Veda Koshes, as Wrongful Death Heir, and as) CASE NUMBER: Successor-in-Interest to Frank Joseph Koshes {In Pro Per) _oR- DEFENDANT/RESPONDENT: Riley Power Inc. CGC-08-274728 4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, iost eamings to date, and estimated future fost earings. if equitable retief is sought, describe the nature of the relief.) Plaintiff claims decedent, Frank Joseph Koshes's illness and death was caused by defendant by exposure to asbestos resulting in diagnosis of Asbestosis in which defendant is responsible. The defendant denies these claims. The extent of plaintiff's damages are not know by defendant. [_] (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 [x | ajury trial [__] anonjurytrial. —_(f 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. Lid 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 availabe 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. |x] days (specify number): 25-30 days b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial (Gc ] by the attomey or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: e. Fax number: f. 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. Counsel Jhas [ has not provided the ADR information package identified in rule 3.221 to the client and has reviewed ADR options with the client. |__| All parties have agreed to a form of ADR. ADR will be completed by (date): [] The case has gone to an ADR process {indicate status): (CN+110 [Rev. January 1, 2009] CASE MANAGEMENT STATEMENT Page z of4CM-110 PLAINTIFF/PETITIONER: Veda Koshes, as Wrongful Death Heir, | casenumser: [and as Successor-in-Interest to Frank Joseph Koshes CGC-08-274728 DEFENDANT/RESPONDENT: Riley Power Inc. 40. d. The party or parties are willing to participate in (check ail that apply): (4) Mediation (2) Nonbinding judicial arbitration under Code of Civit Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 3.822) (3) [] Nenbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days before trial; order required under Cal. Rules of Court, rule 3.822) (4) Binding judicial arbitration (8) Binding private arbitration (6) Neutral case evaiuation (7) [3x] Other (specify): This case is governed by the San Francisco Superior Court Asbestos General Orders. e. [__] This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f 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. g. {__]} This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption): 1 . Settlement conference [_] The party or parties are willing to participate in an early seftlement conference (specify when): 12. Insurance a. [__] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: { jYes [__] No c. [[-] Coverage issues will significantly affect resolution of this case (explain): 13, Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. Bankruptcy {__] Other (specify): Status: 14. 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 14a. b. A motion to consolidate coordinate will be filed by (name party): 15. 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): 16. Other motions [ac] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant intends to file motions in limine and possible motion for summary judgment. GH-N19 Re January 12008) CASE MANAGEMENT STATEMENT Poon S ofCM-110 PLAINTIFFPETITIONER: Veda Koshes, as Wrongful Death Heir, | CASENuMaER: land as Successor-in-Interest to Frank Joseph Koshes DEFENDANT/RESPONDENT: Riley Power Inc. CGC-08-274728 17. Discovery a. The party or parties have completed all discovery. b. |x] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Riley Power Inc. Req, for Admissions, Form Interrogatories, Per CCP Code Special Interrogatories, Req. for Prod. of Docs. Defendant Riley Power Inc. Co-worker and product Per CCP Code identification witness depositions Defendant Riley Power Inc. Plaintiff's deposition Per CCP Code G The following discovery issues are anticipated (specify): 18. Economic Litigation a. [__} This is a limited civil case (.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90 through 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}: 19, Other issues x! The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Motion to Withdrawal as Attorney of Records was filed on date March 13, 2009. 20, Meet and confer a The party or parties have met and conferred with ail 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 Callfomia Rules of Court, the parties agree on the following (specify): 21, 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 ADR, 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, 5 ucing the written authority of the party where required. Date: . 2009 Elizabeth Pacheco » (TYPE OR PRINT NAME) IF PARTY OR ATTORNEY) (TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. M-170 [Rev Janiery 7, 2008] CASE MANAGEMENT STATEMENT Payed of 4eC Se IA BD HW FE BW De yooN RP NM NSN NH ON ON mm ae ceo SW KR OW ee BH NM SF SS BS BO I KR HR ke BH NY KF S Veda Koshes, et al. vs. Asbestos Defendants (BP) San Francisco County Superior Court No.: 274728 Our File No.: 10502- PROOF OF SERVICE BY MAIL TO PLAINTIFF AND LEXIS NEXIS TO ALL COUNSEL I, the undersigned, declare as follows: Tam employed in the County of Alameda, California, and I am over the age of 18 years and not a party to the within action. My business address is 1111 Broadway, 10! Floor, Oakland, California, 94607. Wi2{200 On Octé I served the following documents(s) on the parties in said action by placing a true copy in a sealed envelope and each envelope for service as designated below: © DEFENDANT RILEY POWER, INC.’S CASE MANAGEMENT CONFERENCE STATEMENT Veda Koshes 137 Cedar Hill Road Milford, CO 06461 TO ALL DEFENSE COUNSEL In propria persona VIA LEXIS NEXIS ONLY VIA U.S. MAIL, [X] (By First Class Mail) - I caused each such envelope, with first-class postage thereon fully prepaid, to be deposited in a recognized place of deposit of the U.S. mai! in Oakland, California, for collection and mailing to the addressee on the date should herein following ordinary business practices. [X] (By Lexis Nexis File & Serve) - 1 electronically served to all defendant parties the above listed documents(s) on the recipients designated on the Transaction Receipt located on the Lexis Nexis File & Serve website. ] declare under penalty of perjury under the laws of the State of California that the foregoing is h 206 true and correct and that this declaration was executed on Suse at Oakland, California. /s/ C, Nicole Dille C. NICOLE DILLE t PROOF OF SERVICE