Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY
cM-11o
(Name. Slate Bar number, and address): FOR COURT uss ONLY
Miljoy B . Linsao, SBN 195380
THE LAW OFFICES OF DANIEL B. MCCARTHY
4 30 l Hacienda Drive
Suite 200 ~
Pleasanton, CA 94588 I -
v
~~ v
E-FILED
TELEPHONEN 925- 474- 2800 FAXNO.(0prbnao:925 474 2897
EMAILADDRESS(0qunap- I
,
.
12/20/2018 1:27 PM
AWORNEYFomNamez. INSURANCE COMPANY OF THE WEST
A FRESNO COUNTY SUPERIOR COURT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
smesmnbkess 1130 O Street By: J. Nelson, Deputy
MAILINGADDRESS. ..
CITYANDZIPCODE-Fresno, CA 93721
BRANcH NAME.Fisk CourthoUse '
a
V
PLAINTIFF/PETITIONER:INSURANCE COMPANY OF THE WEST
DEFENDANT/RESPONDENTCEMEX, IN,C., CEMEX CONSTRUCTION ,,
c, a V
MATERIALS PACIFIC, LLC and DOES ,l_ thru_‘10,. inclus‘iv .
CASE MANAGEMENT STATEMENT CASE NUMBER‘
(ohéck‘oné):-
-
- .‘
UNLIMITED CASE
(Amountdemande'd ‘
L
E LIMITED CASE
(Amount demanded is$25,000
18CECG03123 (Lead Case)
exceeds $25 ,000) or less)
A CASE MANAGEMENT CONFERENCE Is scheduled as follows.
Date: January '7, 2019 Time: 10 .OO a.m. Dept; Div.: Room: 305
Address of cburt (if from the address above):
different
-‘ Nogice of Intent to Appear
be Tglephone, by (name): Milj 0y B . Linsao , Esqui re
INSTRUCTIONS:
r.
Allapplicéblé boxels,must be chec‘kevd,‘
and the specifiéd informéilon musf be ‘provided.’
1 . Party or parties (answer one):
a. Thisstat‘ementis submitted by party(name):INSURANCE COMPANY OF THE WEST
b. :1 This statement issubmitted jointly by parties (names):
2. Complaint and cross--complaint (to be answered by plaintiffs and cross-complalnantsonly)
a. The complaint was filed on (date): September 4, 2018
b. I: The cross—complaint, If any, was flied on (date).
Service be answered by plaintiffs and cross-complalnants
3.
a.
b.
E
-
(to
All parties
The
named'In
named m
foliowlng parties
only)
the complaint and cross-complalnt have been served
the complaint or cross—complaint
have appeared, or have been dismissed
(1) - have notbeen sewed (specifynames andexplain whynot): CEMEX, Inc. because attempted
(2) D service at last known address was unsuccesful — no longer at that
have been sewed but have not appeared and have not been dismissed (specify names):
address
>E have had a default entered against them (specify names):-
c. E The
they may be served):
may be added
following additional parties (specify names, nature of involvement in case, and date by which
4. Description ofcase -
a. Type of casein complaint E1 cross-complaint_ (DescribeJng/uding causes ofacfion):
Recovery of Workers' Compensation Benefits; General Negligence
»»
Page1of5
megrmgmg“
CM-HO [Rem Ju|y1
2011]
CASE MANAGEMENT STATEMENT I
em] Cffiigfizfifigg
.
I
Ia ans
CM-110
'
“
COMPANY OF THE WEST CASENUMB’ERifl'
PLAINTIFF/PETITIONER INSURANCE ~
18CECG03123 (Lead case)
~DEFENDANT/RESP0NDENT:CEMEX, INC., CEMEx CONSTRUCTION
MATERIALS PACIFIC, LLC and DOES l thru 10, inclusiv
4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specifythe injury and
damages claimed, including medical expenses to date findicate source and amount], estimated future medical expenses, lost
describe the nature of the relief.)
earnings to date, and estimated future lost earnings. If equitable relief I_s sought
SEE -ATTACHMENT 4b HERETO
mdre snaggisnéeded, Check this box ahd Va‘ttlach apage designdedas Aflaphment‘4b),
(If
V
5. Jury or nonjury trial .
The reqUest‘ a
partyoor' parties
requesting jurytrial):
‘
E
‘a jur‘y’Iria'l 3 'fa“
nonjury tfi'al.
'
: wan one pan‘y,
(lfmor‘e provide the name of each party
a Hx,‘
y
'
3“ " '
' '
.I:K
-
_'
6. Trlaldate l‘
a
b.
- 7I
The has been set
trial
not, explain)
fgr (date).
V
This case
No trial datehas been 's‘et.
7
wm
I
:
r.. .
be ready for ma
'
E
‘
m .
12 months otthe date ofmefiung orthe complamt (if
c. Dates on which parties or attorneyswillnot be available for (speciq dates and explain reasons for unavailability).
triai
04/15/2019" 04/29/2019; 05/06/2019 06/21/2019; 06/24/2019; 06/28/2019;
07/22/2019 9/09/2019,;lZ/02/2019
7. Estimated length of trial
The party or parties estimate that the take (check one):
trial wi||
a. - days (speCIfy number) 5
'
b.
D hours (short causes) (speCify).
8.
I
Trialrepresentation
'The party or parties
a. 'Attorney
(to
willbe represented at'tnal -
be answered for each party)
Iisted'In the caption
by the attorney er party E by the fofiowing:
b. Firm.
r
c,__ Address; ¥ ‘
‘7
'
d 'féiébhoné humbéfi’ .
f- Fax "umber:
' ' "
’g‘e.“ ’3
‘
g. Partyrépresented:
E maila'ddress: - :
.
.;- Additional representation'Is descn‘bed'In Attachment 8.
=9. ”Preference
C] This case is code sectIOn)
entitled to preference (specify
10 Alternative dispute resolution (ADR)
ADR Information paCkaga. Please note that difierent ADR processes are available'm different cOurts and communities read
'
the _A_DR Information package provided by thfi court under rule 3.__221 for informafion abOut the processes available through the
court and cornmunity programs in this case.
f(1)
r
For parties rép‘résented by counsel. Couns‘elE h'a‘s'
El
to the client ‘and reviewed ADR options with the
in rule 3. 221
has not
client.
provided the ADR Wormation package identified
(2) Fgr seIf-represented parties: PartyE has D has not reviewed the ADR information package identified'm rule 3. 221
b. Referral to judicial arbitration or civil actinn mediation
(ifavailable).
E
I
1) This matter'is subject to mandatory judicial arbitration under Code of Civil Procedurefisec‘tion 1 141. 11
or to civil action
I
mediation under Code of Civil Procedure séction 1 775. 3 because the amount”In controversy doesnot exceed the
V
statutorylimit.
(2)
'
[j
"
t'o
Piaintiff elects refer this case tp and agrees
judicial arbitration recovery to the amount specified'In
to limit Code of
Procedure section 1141. 11.
'
-
Civil
(3) D mediation under Code of Civil Procedure section
ofthe California Rules of
This case is exempt from judicial arbitration under rule 3. 811
1775 et seq. (specify exemption):
Court or from action
civii
CM-HOIReV-JU'W'ZWJ CASE MANAGEMENTSTATEMENT .
'
? 939”“
cM-11o
PLAINTIFF/PETITIONER: INSURANCE COMPANY OF THE WEST CASENUMBER:
EEFENDANT/RESPONDENT: CEMEX, INC., CEMEX CONSTRUCTION 18CECG03123 (Lead Case)
MATERIALS PACIFIC, LLC and DOES l thru lO, inclusiv
10. c. Indicate theADR process or processes that the party or panies are willing to participate'In, have agreed to participate'In, or
have already partICIpated in (check that apply
all and provide the specified information)
The party or parties completing the party or parties completing this form
If inthe case have agreed to
thisform are willing to participateinor have already completed an ADR process or processes,
ADR
participate in the following a copy of the paflies'ADR
indicate the status of the processes (attach _
processes (check allthat apply): stipulation):
.-, Mediation séésion not yet spheduled
(1) Mediation
:E Mediation session scheduled for (date):
Agreed tocomplete mediation by»(date):
DD Mediation completed on (date):
Settlement conference not yet scheduled
Settlement
‘
Settlement conference scheduled for (date):
(2)
conference DUDE
Agreed t6complete séttlement cohfef’enéé byv(date’):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation DUDE
Agreed tocomplete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration Inot yet
scheduled
scheduled for (date):
Judicial arbitration
(4) Nonbinding judicial
DDBD
arbitration Agreed tocomplete judicialarbitrationby (date):
completed on (date):
Judicial arbitration
Private arbitration not yet scheduled
DUB Pn‘vate arbitration scheduled for (date):
(5) Binding private ‘
arbitration Agreed tocomplete private arbitrationby (date).
D Private arbitration completedon (date):
E ADR session 'not yet scheduled
E ADR session scheduled for (date):
(6) Other (specify):
E Agreed tocomplete ADR session by (date):
E ADR completed on (date):
CM—1 1O [Rev.
July 1, 2011']
CASEMANAGEMENTSUMEMENT .
"flhfi
CM-110
CASE NUMBER
V
PLAINTIFF/PETITIQNER: INSURANCE COMPANY 07E THE WEST;
' ‘
bEFENDANT/RESPONDENT. CEMEX, INC. , CEMEX CONSTRUCTiON. I
1scgcgo3123 (Lead 'Case)
MATERIALS PACIFIC, LLC and DOES l thru 10, inclusiv
11. Insurance
E
‘
a.‘~ any, for party filing this statement (name)
Insurance carrier,
D E
-
if
b. Reservation of rights. Yes No
c. [:1 Coverage‘Issues significantly affect resolution Of this case (explain):
will
i
12. Jurisdiction
"‘
any matters may affect th_e case and describe the status.
court' s jurisdiction or processing of _th_is
Indicate
:I Bankruptcy
Status:
E that
Other (specify).
'
g
13. Related cases, co'ns‘olidation, and-coordinatibn
'
There are dompanion, undenying, or related cases.
I
a.
Name 0f case: Castillo
..-;,,(1) Robles v; Cemexr, slnc; et al .
'
(2) Name Of court: Fresno
(3) Case number: l 8CECGO3123
Status:Case Management Conference — 12 /17 /2 01 8
b.
E
-
(4)
Additional cases are described'In Attachment 13a.
A motion to‘
- consolidate 'E cOordinate .
>
-
will be filed by (name party)..I_n
¥
October 2018 , a
‘
stipulation to consolidate the 2 actions was Clrculated between the parties hereto.
' "' ' ~
“ ’ '‘~
14. Bifurcation .
E] The party or parties intendto file a motion for an orderbifurcafing, severing, coordinatingthe followng'Issues or causesof
or_
action (specifymoving party, type of motion, and reasons). r
15. Other motions
-
‘
The
All
party or parties expect to file the following motions before
motions, including motions in
(specify
trial
limine. '
moving party, type of motion, and issues).
r,
-
16.
a.
b.
E
Discovery
D The
The
party or partieshave completed
following discovery Will
alldiscovery.
be completed by the date specified (describe allanticipated discovery):
Pam Description >,
.. V
. .. ,
;
A
D_a_te
Plaintiff 1
Interrogatories and Request '
for TBD
'
Production 0f Documents
Plaintiff
‘
_
‘ I
Depositions '
TBD
J
>
c. Cl The following discovery”Issues, including Issues regarding the discovery of electronically stored information, are
antiCipated (speCIfy)
Page4ef5
CM110[Rev.July1.2011]
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER;INSURANCE COMPANY 0F THE WEST CASENUMBER:
“DEFENDANT/RESPONDENT:CEMEX, INC., CEMEX CONSTRUCTION 18CECG03123 (Lead Case)
MATERIALS PACIFIC, LLC and DOES l thru 10, inclusiv
17. Economic litigation
a. D This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic
of Civil Procedure sections 90-98 wIII apply to this case.
procedures
litigation inCode
b. E This is a Iimlted
discovery will
civil
be filed
case and a motion
(if
towithdraw the case from the economic
checked, explain specifically why economic
litigation procedures or for additional
procedures relating to discovery or trial
litigation
should not apply to this case):
18. Otherissues
The be considered or determined
party or parties request that the following additional matters at the case management
conference (Specify): Plaintiff needs additional time to find and serve defendant Cemex, Inc.
Also, the 2 related actions need to be consolidated. Therefore, ICW respectfully requests
that the CMC be continued for 120 days.
19.
a. D
Meet and confer
The party
of Court
or parties have
not, explain):
(if
met and conferred withallparties on allsubjects required by rule 3.724 of the California Rules
b. After meeting and conferring as required by rule3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Totalnumber of pages attached any): 1
(if
|am completely familiar with this case andwill 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: Decembervlo, 2018 ‘~ '\
\
Miliov ’
B. Linsao
0R PRINT NAME)
(TYPE
WAD
0'
'
-’
k) (glaTURE
f
gfiam/M/zfl/
..
0F FAKTWORVATrORNEY)
0R PRINT NAME)
(TYPE 0R ATTORNEY)
(SIGNATURE 0F PARTY
E Additional signatures are attached.
mm IRev-Ju'v
1v2°11]
CASE MANAGEMENT STATEMENT W50”
?ICW v. CEMEX, |NC., ‘CEMEX CONSTRUCTION ET AL
{Fresno Case No. 18CECGO3262
CASE MANAGEM ENT STATEM ENT
4.b (Page 2!
On September 7, 2016, at approximately 11:25 a.m., Jose Castillo Robles was
acting in the course and scope of his employment with plaintiff's insured, Contech
Concrete Techniques, Inc. At the time, date and place alleged, Jose Castillo
Robles was working at the job site described above when defendants CEMEX, INC.
and CEMEX CONSTRUCTION MATERIALS PACIFIC LLC and its employee driver
improperly operated the cement chute on the cement truck he was operating and
struck Mr. Castillo Robles on his right shoulder and back with the cement chute.
As a result of the injury and the negligence of defendants, Jose Castillo Robles
suffered personal injuries and plaintiff was required to pay workers'
compensation benefits to him or on his behalf in the amount of $87,080.24
(Medical = $50,632.24) and (Indemnity = $36,448.00).
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR COURT USE ONLY
FOR THE COUNTY OF FRESNO
SHORT TITLE OF CASE:
ICW v. CEMEX, INC., CEMEX CONSTRUCTION MATERIALS PACIFIC LLC and
Does 1—10
ATTORNEY(S) NAME AND ADDRESS: TELEPHONE:
Miljoy B. Linsao, Esq., Bar No. 195380 (925) 474-2800
THE LAW OFFICES OF DANIEL B. MCCARTHY
4301 Hacienda Drive — Suite 200
Pleasanton, CA 94588
ATTORNEY(S) FOR: HEARING DATE-TlME-DEPT: CASE NUMBER:
Plaintiff INSURANCE COMPANY OF 18CECG03262
THE WEST
DECLARATION OF SERVICE BY MAIL
I,Kimberly Valdez, declare that: |am over the age of eighteen years and not a party to the action; |am employed in the
County of Alameda, California, in which county the mailing occurred. My business address is 4301 Hacienda drive — Suite 200,
Pleasanton, CA 94588. l further declare that | am readily familiar with the business' practice for collection and processing of
correspondence for mailing with the United States Postal Service pursuant to which practice the correspondence will be deposited with
the United States Postal Service this same day in the ordinary course of business. |caused to be served the following document(s):
INSURANCE COMPANY OF THE WEST’S CASE MANAGEMENT STATEMENT by placing a c0py thereof in a separate envelope for
each addressee respectively as follows:
Michelle Pepper, Esquire
STAMMER, McKNIGHT, BARNUM & BAILEY LLP
2540 W. Shaw Lane, Suite 110
Fresno, CA 93711
Attorneys for Cemex Construction Materials Pacific LLC
(559) 449—0571/(559) 432-2619
Seth Hollow Horn Bear, Resolution Manager
GALLAGHER BASSETT Services, Inc.
P.O. Box 10849
Scottsdale, AZ 85271
Carrier for Cemex Construction Materials Pacific LLC
GBS Claim No.: 001151-016938-AB.
(480) 586-9474/(480) 947-1 142 (fax)
Adam K. Jacobs, Resolution Manager
GALLAGHER BASSETT
P.O. Box 2934
Clinton, IA 52733-2934
Adam iacobs1@qbtpa.com
480/586-9497/844-806-5971
Cemex, Inc.
5‘“
4640 Admiralty Way, Floor
Marina del Rey, CA 90292
|then sealed each envelope and, with the thereon fully prepaid, either deposited each in the United States Mail or
po§t?9e
placed each for collection and mailing on Decembergz» ,
2018, at Pleasanton, California, following ordinary business practices.
Ideclare under penalty of perjury under the laws of the state of California that the foregoing istrue and correct.
Executed on December 2 d, 2018.
PROOF 0F SERVICE BY MAIL
(c.c.P. § 1013a and § 2015.5)
Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY cM-11o (Name. Slate Bar number, and address): FOR COURT uss ONLY Miljoy B . Linsao, SBN 195380 THE LAW OFFICES OF DANIEL B. MCCARTHY 4 30 l Hacienda Drive Suite 200 ~ Pleasanton, CA 94588 I - v ~~ v E-FILED TELEPHONEN 925- 474- 2800 FAXNO.(0prbnao:925 474 2897 EMAILADDRESS(0qunap- I , . 12/20/2018 1:27 PM AWORNEYFomNamez. INSURANCE COMPANY OF THE WEST A FRESNO COUNTY SUPERIOR COURT SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO smesmnbkess 1130 O Street By: J. Nelson, Deputy MAILINGADDRESS. .. CITYANDZIPCODE-Fresno, CA 93721 BRANcH NAME.Fisk CourthoUse ' a V PLAINTIFF/PETITIONER:INSURANCE COMPANY OF THE WEST DEFENDANT/RESPONDENTCEMEX, IN,C., CEMEX CONSTRUCTION ,, c, a V MATERIALS PACIFIC, LLC and DOES ,l_ thru_‘10,. inclus‘iv . CASE MANAGEMENT STATEMENT CASE NUMBER‘ (ohéck‘oné):- - - .‘ UNLIMITED CASE (Amountdemande'd ‘ L E LIMITED CASE (Amount demanded is$25,000 18CECG03123 (Lead Case) exceeds $25 ,000) or less) A CASE MANAGEMENT CONFERENCE Is scheduled as follows. Date: January '7, 2019 Time: 10 .OO a.m. Dept; Div.: Room: 305 Address of cburt (if from the address above): different -‘ Nogice of Intent to Appear be Tglephone, by (name): Milj 0y B . Linsao , Esqui re INSTRUCTIONS: r. Allapplicéblé boxels,must be chec‘kevd,‘ and the specifiéd informéilon musf be ‘provided.’ 1 . Party or parties (answer one): a. Thisstat‘ementis submitted by party(name):INSURANCE COMPANY OF THE WEST b. :1 This statement issubmitted jointly by parties (names): 2. Complaint and cross--complaint (to be answered by plaintiffs and cross-complalnantsonly) a. The complaint was filed on (date): September 4, 2018 b. I: The cross—complaint, If any, was flied on (date). Service be answered by plaintiffs and cross-complalnants 3. a. b. E - (to All parties The named'In named m foliowlng parties only) the complaint and cross-complalnt have been served the complaint or cross—complaint have appeared, or have been dismissed (1) - have notbeen sewed (specifynames andexplain whynot): CEMEX, Inc. because attempted (2) D service at last known address was unsuccesful — no longer at that have been sewed but have not appeared and have not been dismissed (specify names): address >E have had a default entered against them (specify names):- c. E The they may be served): may be added following additional parties (specify names, nature of involvement in case, and date by which 4. Description ofcase - a. Type of casein complaint E1 cross-complaint_ (DescribeJng/uding causes ofacfion): Recovery of Workers' Compensation Benefits; General Negligence »» Page1of5 megrmgmg“ CM-HO [Rem Ju|y1 2011] CASE MANAGEMENT STATEMENT I em] Cffiigfizfifigg . I Ia ans CM-110 ' “ COMPANY OF THE WEST CASENUMB’ERifl' PLAINTIFF/PETITIONER INSURANCE ~ 18CECG03123 (Lead case) ~DEFENDANT/RESP0NDENT:CEMEX, INC., CEMEx CONSTRUCTION MATERIALS PACIFIC, LLC and DOES l thru 10, inclusiv 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specifythe injury and damages claimed, including medical expenses to date findicate source and amount], estimated future medical expenses, lost describe the nature of the relief.) earnings to date, and estimated future lost earnings. If equitable relief I_s sought SEE -ATTACHMENT 4b HERETO mdre snaggisnéeded, Check this box ahd Va‘ttlach apage designdedas Aflaphment‘4b), (If V 5. Jury or nonjury trial . The reqUest‘ a partyoor' parties requesting jurytrial): ‘ E ‘a jur‘y’Iria'l 3 'fa“ nonjury tfi'al. ' : wan one pan‘y, (lfmor‘e provide the name of each party a Hx,‘ y ' 3“ " ' ' ' .I:K - _' 6. Trlaldate l‘ a b. - 7I The has been set trial not, explain) fgr (date). V This case No trial datehas been 's‘et. 7 wm I : r.. . be ready for ma ' E ‘ m . 12 months otthe date ofmefiung orthe complamt (if c. Dates on which parties or attorneyswillnot be available for (speciq dates and explain reasons for unavailability). triai 04/15/2019" 04/29/2019; 05/06/2019 06/21/2019; 06/24/2019; 06/28/2019; 07/22/2019 9/09/2019,;lZ/02/2019 7. Estimated length of trial The party or parties estimate that the take (check one): trial wi|| a. - days (speCIfy number) 5 ' b. D hours (short causes) (speCify). 8. I Trialrepresentation 'The party or parties a. 'Attorney (to willbe represented at'tnal - be answered for each party) Iisted'In the caption by the attorney er party E by the fofiowing: b. Firm. r c,__ Address; ¥ ‘ ‘7 ' d 'féiébhoné humbéfi’ . f- Fax "umber: ' ' " ’g‘e.“ ’3 ‘ g. Partyrépresented: E maila'ddress: - : . .;- Additional representation'Is descn‘bed'In Attachment 8. =9. ”Preference C] This case is code sectIOn) entitled to preference (specify 10 Alternative dispute resolution (ADR) ADR Information paCkaga. Please note that difierent ADR processes are available'm different cOurts and communities read ' the _A_DR Information package provided by thfi court under rule 3.__221 for informafion abOut the processes available through the court and cornmunity programs in this case. f(1) r For parties rép‘résented by counsel. Couns‘elE h'a‘s' El to the client ‘and reviewed ADR options with the in rule 3. 221 has not client. provided the ADR Wormation package identified (2) Fgr seIf-represented parties: PartyE has D has not reviewed the ADR information package identified'm rule 3. 221 b. Referral to judicial arbitration or civil actinn mediation (ifavailable). E I 1) This matter'is subject to mandatory judicial arbitration under Code of Civil Procedurefisec‘tion 1 141. 11 or to civil action I mediation under Code of Civil Procedure séction 1 775. 3 because the amount”In controversy doesnot exceed the V statutorylimit. (2) ' [j " t'o Piaintiff elects refer this case tp and agrees judicial arbitration recovery to the amount specified'In to limit Code of Procedure section 1141. 11. ' - Civil (3) D mediation under Code of Civil Procedure section ofthe California Rules of This case is exempt from judicial arbitration under rule 3. 811 1775 et seq. (specify exemption): Court or from action civii CM-HOIReV-JU'W'ZWJ CASE MANAGEMENTSTATEMENT . ' ? 939”“ cM-11o PLAINTIFF/PETITIONER: INSURANCE COMPANY OF THE WEST CASENUMBER: EEFENDANT/RESPONDENT: CEMEX, INC., CEMEX CONSTRUCTION 18CECG03123 (Lead Case) MATERIALS PACIFIC, LLC and DOES l thru lO, inclusiv 10. c. Indicate theADR process or processes that the party or panies are willing to participate'In, have agreed to participate'In, or have already partICIpated in (check that apply all and provide the specified information) The party or parties completing the party or parties completing this form If inthe case have agreed to thisform are willing to participateinor have already completed an ADR process or processes, ADR participate in the following a copy of the paflies'ADR indicate the status of the processes (attach _ processes (check allthat apply): stipulation): .-, Mediation séésion not yet spheduled (1) Mediation :E Mediation session scheduled for (date): Agreed tocomplete mediation by»(date): DD Mediation completed on (date): Settlement conference not yet scheduled Settlement ‘ Settlement conference scheduled for (date): (2) conference DUDE Agreed t6complete séttlement cohfef’enéé byv(date’): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation DUDE Agreed tocomplete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration Inot yet scheduled scheduled for (date): Judicial arbitration (4) Nonbinding judicial DDBD arbitration Agreed tocomplete judicialarbitrationby (date): completed on (date): Judicial arbitration Private arbitration not yet scheduled DUB Pn‘vate arbitration scheduled for (date): (5) Binding private ‘ arbitration Agreed tocomplete private arbitrationby (date). D Private arbitration completedon (date): E ADR session 'not yet scheduled E ADR session scheduled for (date): (6) Other (specify): E Agreed tocomplete ADR session by (date): E ADR completed on (date): CM—1 1O [Rev. July 1, 2011'] CASEMANAGEMENTSUMEMENT . "flhfi CM-110 CASE NUMBER V PLAINTIFF/PETITIQNER: INSURANCE COMPANY 07E THE WEST; ' ‘ bEFENDANT/RESPONDENT. CEMEX, INC. , CEMEX CONSTRUCTiON. I 1scgcgo3123 (Lead 'Case) MATERIALS PACIFIC, LLC and DOES l thru 10, inclusiv 11. Insurance E ‘ a.‘~ any, for party filing this statement (name) Insurance carrier, D E - if b. Reservation of rights. Yes No c. [:1 Coverage‘Issues significantly affect resolution Of this case (explain): will i 12. Jurisdiction "‘ any matters may affect th_e case and describe the status. court' s jurisdiction or processing of _th_is Indicate :I Bankruptcy Status: E that Other (specify). ' g 13. Related cases, co'ns‘olidation, and-coordinatibn ' There are dompanion, undenying, or related cases. I a. Name 0f case: Castillo ..-;,,(1) Robles v; Cemexr, slnc; et al . ' (2) Name Of court: Fresno (3) Case number: l 8CECGO3123 Status:Case Management Conference — 12 /17 /2 01 8 b. E - (4) Additional cases are described'In Attachment 13a. A motion to‘ - consolidate 'E cOordinate . > - will be filed by (name party)..I_n ¥ October 2018 , a ‘ stipulation to consolidate the 2 actions was Clrculated between the parties hereto. ' "' ' ~ “ ’ '‘~ 14. Bifurcation . E] The party or parties intendto file a motion for an orderbifurcafing, severing, coordinatingthe followng'Issues or causesof or_ action (specifymoving party, type of motion, and reasons). r 15. Other motions - ‘ The All party or parties expect to file the following motions before motions, including motions in (specify trial limine. ' moving party, type of motion, and issues). r, - 16. a. b. E Discovery D The The party or partieshave completed following discovery Will alldiscovery. be completed by the date specified (describe allanticipated discovery): Pam Description >, .. V . .. , ; A D_a_te Plaintiff 1 Interrogatories and Request ' for TBD ' Production 0f Documents Plaintiff ‘ _ ‘ I Depositions ' TBD J > c. Cl The following discovery”Issues, including Issues regarding the discovery of electronically stored information, are antiCipated (speCIfy) Page4ef5 CM110[Rev.July1.2011] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER;INSURANCE COMPANY 0F THE WEST CASENUMBER: “DEFENDANT/RESPONDENT:CEMEX, INC., CEMEX CONSTRUCTION 18CECG03123 (Lead Case) MATERIALS PACIFIC, LLC and DOES l thru 10, inclusiv 17. Economic litigation a. D This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic of Civil Procedure sections 90-98 wIII apply to this case. procedures litigation inCode b. E This is a Iimlted discovery will civil be filed case and a motion (if towithdraw the case from the economic checked, explain specifically why economic litigation procedures or for additional procedures relating to discovery or trial litigation should not apply to this case): 18. Otherissues The be considered or determined party or parties request that the following additional matters at the case management conference (Specify): Plaintiff needs additional time to find and serve defendant Cemex, Inc. Also, the 2 related actions need to be consolidated. Therefore, ICW respectfully requests that the CMC be continued for 120 days. 19. a. D Meet and confer The party of Court or parties have not, explain): (if met and conferred withallparties on allsubjects required by rule 3.724 of the California Rules b. After meeting and conferring as required by rule3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Totalnumber of pages attached any): 1 (if |am completely familiar with this case andwill 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: Decembervlo, 2018 ‘~ '\ \ Miliov ’ B. Linsao 0R PRINT NAME) (TYPE WAD 0' ' -’ k) (glaTURE f gfiam/M/zfl/ .. 0F FAKTWORVATrORNEY) 0R PRINT NAME) (TYPE 0R ATTORNEY) (SIGNATURE 0F PARTY E Additional signatures are attached. mm IRev-Ju'v 1v2°11] CASE MANAGEMENT STATEMENT W50” ?ICW v. CEMEX, |NC., ‘CEMEX CONSTRUCTION ET AL {Fresno Case No. 18CECGO3262 CASE MANAGEM ENT STATEM ENT 4.b (Page 2! On September 7, 2016, at approximately 11:25 a.m., Jose Castillo Robles was acting in the course and scope of his employment with plaintiff's insured, Contech Concrete Techniques, Inc. At the time, date and place alleged, Jose Castillo Robles was working at the job site described above when defendants CEMEX, INC. and CEMEX CONSTRUCTION MATERIALS PACIFIC LLC and its employee driver improperly operated the cement chute on the cement truck he was operating and struck Mr. Castillo Robles on his right shoulder and back with the cement chute. As a result of the injury and the negligence of defendants, Jose Castillo Robles suffered personal injuries and plaintiff was required to pay workers' compensation benefits to him or on his behalf in the amount of $87,080.24 (Medical = $50,632.24) and (Indemnity = $36,448.00). SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR COURT USE ONLY FOR THE COUNTY OF FRESNO SHORT TITLE OF CASE: ICW v. CEMEX, INC., CEMEX CONSTRUCTION MATERIALS PACIFIC LLC and Does 1—10 ATTORNEY(S) NAME AND ADDRESS: TELEPHONE: Miljoy B. Linsao, Esq., Bar No. 195380 (925) 474-2800 THE LAW OFFICES OF DANIEL B. MCCARTHY 4301 Hacienda Drive — Suite 200 Pleasanton, CA 94588 ATTORNEY(S) FOR: HEARING DATE-TlME-DEPT: CASE NUMBER: Plaintiff INSURANCE COMPANY OF 18CECG03262 THE WEST DECLARATION OF SERVICE BY MAIL I,Kimberly Valdez, declare that: |am over the age of eighteen years and not a party to the action; |am employed in the County of Alameda, California, in which county the mailing occurred. My business address is 4301 Hacienda drive — Suite 200, Pleasanton, CA 94588. l further declare that | am readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service pursuant to which practice the correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. |caused to be served the following document(s): INSURANCE COMPANY OF THE WEST’S CASE MANAGEMENT STATEMENT by placing a c0py thereof in a separate envelope for each addressee respectively as follows: Michelle Pepper, Esquire STAMMER, McKNIGHT, BARNUM & BAILEY LLP 2540 W. Shaw Lane, Suite 110 Fresno, CA 93711 Attorneys for Cemex Construction Materials Pacific LLC (559) 449—0571/(559) 432-2619 Seth Hollow Horn Bear, Resolution Manager GALLAGHER BASSETT Services, Inc. P.O. Box 10849 Scottsdale, AZ 85271 Carrier for Cemex Construction Materials Pacific LLC GBS Claim No.: 001151-016938-AB. (480) 586-9474/(480) 947-1 142 (fax) Adam K. Jacobs, Resolution Manager GALLAGHER BASSETT P.O. Box 2934 Clinton, IA 52733-2934 Adam iacobs1@qbtpa.com 480/586-9497/844-806-5971 Cemex, Inc. 5‘“ 4640 Admiralty Way, Floor Marina del Rey, CA 90292 |then sealed each envelope and, with the thereon fully prepaid, either deposited each in the United States Mail or po§t?9e placed each for collection and mailing on Decembergz» , 2018, at Pleasanton, California, following ordinary business practices. Ideclare under penalty of perjury under the laws of the state of California that the foregoing istrue and correct. Executed on December 2 d, 2018. PROOF 0F SERVICE BY MAIL (c.c.P. § 1013a and § 2015.5)