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  • CARPENTER VS. ANDERSON 45: Unlimited Medical Malpractice document preview
  • CARPENTER VS. ANDERSON 45: Unlimited Medical Malpractice document preview
  • CARPENTER VS. ANDERSON 45: Unlimited Medical Malpractice document preview
  • CARPENTER VS. ANDERSON 45: Unlimited Medical Malpractice document preview
  • CARPENTER VS. ANDERSON 45: Unlimited Medical Malpractice document preview
  • CARPENTER VS. ANDERSON 45: Unlimited Medical Malpractice document preview
  • CARPENTER VS. ANDERSON 45: Unlimited Medical Malpractice document preview
  • CARPENTER VS. ANDERSON 45: Unlimited Medical Malpractice document preview
						
                                

Preview

a as on e e ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, end address): FOR COURT USE ONLY Todd S. Osborne, SBN 178647 Todd S. Osborne, Inc., A Professional Law Corporation 101 Cooper Street, Ste. 112 Santa Cruz, CA 95060 TELEPHONENO: (B31) 427-9519 FAXNO. onlonal:(831) 427-9520 5 1 lL. & CM-110 EMAIL ADDRESS (Optra) tsqsbornelaw@hotmail.com ATTORNEY FOR Worek Plaintiff KATHLEEN CARPENTER APR 14 2015 PHEN H. NASH CLERK OF THE COUR SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA STREET ADDRESS: 75] Pine Street SUPERION COURT OF THE STATE OF CALIFORNIA ‘COUISTY OF CONTBA-GQSTA MAILING ADDRESS: 75] Pine Street ciy ANDZIP CODE: Martinez 94553 BRANCHNAME: Martinez Courthouse PLAINTIFF/PETITIONER: KATHLEEN CARPENTER DEFENDANTIRESPONDENT: SEAN ANDERSON, DDS, et al. Deputy Clerk | CASE MANAGEMENT STATEMENT Case NUMBER: (Check one): CX] UNCIMITED CASE LIMITED CASE _ he (Amount demanded (Amount demanded is $25,000 MSC14-02096 “ exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 28, 2015 Time: 9:00am. Dept.: 21 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name):James R. Hardwick INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 41. Party or parties (answer one): a. [2%] This statement is submitted by party (name): Plaintiff KATHLEEN CARPENTER b. [J] 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)’ November 12, 2014 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a DX al 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) [£7] 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. [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 ofcase in [3X] complaint [ cross-complaint (Describe, including causes of action): Dental negligence Page tof Form Adopted for Mandatory Use Gal. Rules of Court, ‘ude Gouna of Calforia CASE MANAGEMENT STATEMENT tules 3,720-3,730 Cc tH0 [Rov uly 1, 2011] umccours-ca.govPLAINTIFF/PETITIONER: CARPENTER. (CASE NUMBER: DEFENDANT/RESPONDENT: ANDERSON, DDS MSC14-02096 CM-110 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 amouni], estimated future medical expenses, fost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) The treatment at issue in this case involves several negligently performed restorations which subsequently failed and required retreatment. Co (If more space is needed, check this box and alfach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request [9] ajury trial ] anonjurytrial. (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] 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): 4/20/15, 6/15/15 (Plaintiff's counsel will be out of town) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. LX] days (specify number):5_7 days b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial [3] by the attorney orparty 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 [1 This case is entitled to preference (specify code section): . Alternative dispute resolution (ADR) S 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 [X] 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) [1 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): CHORE. Jaya, 2A CASE MANAGEMENT STATEMENT Pagezot5e @ CASE NUMBER: CM-110 PLAINTIFF/PETITIONER: CARPENTER. EFENDANT/RESPONDENT: ANDERSON, DDS MSC14-02096 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 ail that apply): | stipulation): 1X1 Mediation session not yet scheduled ai <] F= 1 Mediation session scheduled for (date): lediation [1 Agreed to complete mediation by (date): Mediation completed on (date): | bo i ee a a ch [2<] Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement conference Agreed to complete settlement conference by (date): U Settlement conference completed on (date): O Neutral evaluation not yet scheduled co Neutral evaluation scheduled for (date): (3) Neutral evaluation O Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): U Judicial arbitration not yet scheduled (4) Nonbinding judicial oOo Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): U Judicial arbitration compléted on (date): Private arbitration not yet scheduled (6) Binding private Oo [71 Private arbitration scheduled for (date): arbitration [1 Agreed to complete private arbitration by (date): [1 Private arbitration completed on (date): [1 an session not yet scheduled o [1] ADR session scheduled for (date): (6) Other (specify): [-] Agreed to complete ADR session by (date): [1 ADR completed on (date): (CM-110 {Rev. July 4, 2044) Page 3 of S CASE MANAGEMENT STATEMENTe @ cM. PLAINTIFF/PETITIONER:C A RPENTER CASE NUMER TE DEFENDANT/RESPONDENT: ANDERSON. DD: MSC14-02096 11. Insurance a. Insurance cartier, if any, for party filing this statement (name): b. Reservation of rights: [7] Yes [7_] 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): . 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: [1 Additional cases are described in Attachment 13a. b. L_JAmotionto [__] consolidate coordinate —_ will 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 [1 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. [2€] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff written discovery spring 2015 Plaintiff Defendant depo spring 2015 Plaintiff treating DDS depo spring 2015 c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): ‘Gio aya GASEMANAGEMENT STATEMENT ——~—~C~SC~C~S~S~SOSSSSC Page 40f5CM-110 PLAINTIFF/PETITIONER: (A RPENTER. CARE NUBABEDS: DEFENDANT/RESPONDENT: ANDERSON, DDS MSC14-02096 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 [J 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. LC] 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):_Q) | 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 13, 2015 fy ¢ Todd S. Osborne (TYPE OR PRINT NAME) E OF PARTY OR ATTORNEY) CYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached. Catett0 Rew ey 4, 2048 CASE MANAGEMENT STATEMENT Page SofCarpenter y. Anderson, D.D.S., et al. Contra Costa County Superior Court No. C14-02096 PROOF OF SERVICE Jam employed in the County of Santa Cruz, State of California. I am over the age of eighteen years and not a party to the within action. My business address is 2323 Broadway, Oakland, CA 94612 On the date set forth below, I served the following documents: Plaintiff's Case Management Conference Statement on the interested parties to said action by the following means: [xX] (BY MAIL) By placing a true copy thereof, enclosed in a scaled envelope with postage thereon fully prepaid, for collection and mailing on that date following ordinary business practices, in the United States Mail at the Hardwick Law Office, Oakland, CA, addressed as shown below. 1 am readily familiar with this business's practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and in the ordinary course of business, correspondence would be deposited with the U.S, Postal Service the same day it was placed for collection and processing. [] (BY HAND-DELIVERY) By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the address(es) shown below. {I (BY OVERNIGHT DELIVERY) By placing a truc copy thereof, enclosed in a sealed envelope, with delivery charges to be billed to August & Osborne to be delivered by Federal Express, to the address(es) shown below. [] (BY FACSIMILE TRANSMISSION) By transmitting a true copy thereof by facsimile transmission from facsimile number (831) 685-8311 to the interested parties to said action at the facsimile number(s) shown below. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 13, 2015, at Oakland, California. james R. Hardwick NAME(S) AND ADDRESS(ES) OR FAX NUMBER(S) OF EACH PARTY SERVED: Daniel Meagher , Jennifer Elgie LEWIS, BRISBOIS, BISGAARD, et al. 333 Bush Street, Ste. 1100 San Francisco, CA 94104.