Preview
CM-110
PLAINTIFF/PETITIONER: Jane Doe K.B. an individual CASE NUMBER
DEFENDANT/RESPONDENT: DOE 1,a public entity, etal. SCV-272161
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Plaintiff alleges he was sexually assaulted as a minor by DOE 1's teacher in or around 1990. As a result, Plaintiff claims
general and economic damages in an amount that exceeds the jurisdictional limit of this court.
[ (If more space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
The party or parties request [*_] a jury trial [_] a nonjury trial (If more than one party, provide the name of each party
requesting a jury trial):
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):
As of today's date trial on other matters will commence on: 12/04/2023, 01/08/2024, 01/19/2023, 01/29/2024, 04/15/2024.
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [2] days (specify number): 10 days
b. [J hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [22] by the attorney or party listed in the caption [_) by the following:
a Attorney:
b. Firm:
c Address:
d Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
[_] Additional representation is described in Attachment 8.
Preference
[J 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 of the California Rules of Court for information about the
processes available through the court and community programs in this case.
(1) For parties represented by counsel: Counsel [_% ] has [J 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) [4¢ ]This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
(CM-110 [Rev. September 1, 2021] Page
2 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: J ane Doe K.B. an individual CASE NUMBER
DEFENDANT/RESPONDENT: DOE 1,a public entity, etal. SCV-272161
10. ¢ 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 wil ing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): |stipulation):
[22] Mediation session not yet scheduled
[_] Mediation session scheduled for (date):
(1) Mediation Be [_] Agreed to complete mediation by (date):
[] Mediation completed on (date):
[4] Settlement conference not yet scheduled
(2) Settlement [J Settlement conference scheduled for (date):
conference [J Agreed to complete settlement conference by (date):
[} Settlement conference completed on (date):
[J Neutral evaluation not yet scheduled
[J Neutral evaluation scheduled for (date):
(3) Neutral evaluation
[J Agreed to complete neutral evaluation by (date):
[J Neutral evaluation completed on (date):
[J J udicial arbitration not yet scheduled
(4) Nonbinding judicial [J J udicial arbitration scheduled for (date):
arbitration [_] Agreed to complete judicial arbitration by (date):
[J J udicial arbitration completed on (date):
[J Private arbitration not yet scheduled
(5) Binding private [J Private arbitration scheduled for (date):
arbitration [J Agreed to complete private arbitration by (date):
[] Private arbitration completed on (date):
[J ADR session not yet scheduled
[J ADR session scheduled for (date):
(6) Other (specify):
[J Agreed to complete ADR session by (date):
[J ADR completed on (date):
(CM-110 [Rev. September 1, 2021] Page 3 0f5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: J ane Doe K.B. an individual CASE NUMBER
DEFENDANT/RESPONDENT: DOE 1,a public entity, etal. SCV-272161
11. Insurance
a. [_] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [__] Yes [J No
c. [_] Coverage issues will significantly affect resolution of this case (explain):
12.J urisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
[J Bankruptcy [7] 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. [__] A motionto [5 consolidate [J coordinate will be filed by (name party):
14. Bifurcation
[J 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
[22] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Any and all other motions deemed necessary.
16. Discovery
a. [__] The party or parties have completed all discovery.
b. [3] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptiot Date
Plaintiff Written Discovery 07/01/2024
Plaintiff Depositions 07/01/2024
Plaintiff Expert Written Disclosures Per Code
Plaintiff Expert Depositions Per Code
c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
(CM-110 [Rev. September 1, 2021] Page 40f5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: J ane Doe K.B. an individual CASE NUMBER
DEFENDANT/RESPONDENT: DOE 1,a public entity, etal. SCV-272161
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. [__] 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):
| 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: 6/28/2023
Andrew |. Chung
(TYPE OR PRINT NAME)
> _
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
> (SIGNATURE OF PARTY OR ATTORNEY)
[J Additional signatures are attached.
(CM-110 [Rev. September 1, 2021] Page
5 of 5
CASE MANAGEMENT STATEMENT
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
(RRS
[Sav this form | [cleextiteironn]
PROOF OF SERVICE
STATE OF CALIFORNIA
Iam employed in the County of Los Angeles, State of California. I am over the age of
eighteen years and not a party to the within action; my business address is 8383 Wilshire Blvd.,
Suite 255, Beverly Hills, CA 90211.
On June 28, 2023, I served the foregoing CASE MANAGEMENT STATEMENT on the
interested parties in this action by following one of the methods of service as follows:
Eric J. Bengtson, Esq. Attorneys for Defendant, COTATI-
1960 The Alameda, Suite 210 ROHNERT PARK UNIFIED SCHOOL
San Jose, CA 95126 DISTRICT, sued as DOE 1
Phone: (direct) (408) 261-4245
Fax: (408) 985-1814
Eric@dby-law.com
JHeaton@dby-law.com
10
11
12 (X) ELECTRONIC MAIL (Email): I emailed the above document(s) from e-mail address
angie.guzman@sssfirm.com to the person(s) at the email address(es) set forth below.
13 No error was reported. A true and correct copy of the transmittal report will be
produced if requested by any party or the court.
14
I declare under the penalty of perjury under the laws of the State of California, that the
foregoing is true and correct.
16
Executed on June 28, 2023, at Beverly Hills, California.
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Angie Guzman
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PROOF OF SERVICE
Preview
CM-110 PLAINTIFF/PETITIONER: Jane Doe K.B. an individual CASE NUMBER DEFENDANT/RESPONDENT: DOE 1,a public entity, etal. SCV-272161 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges he was sexually assaulted as a minor by DOE 1's teacher in or around 1990. As a result, Plaintiff claims general and economic damages in an amount that exceeds the jurisdictional limit of this court. [ (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request [*_] a jury trial [_] a nonjury trial (If more than one party, provide the name of each party requesting a jury trial): 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): As of today's date trial on other matters will commence on: 12/04/2023, 01/08/2024, 01/19/2023, 01/29/2024, 04/15/2024. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [2] days (specify number): 10 days b. [J hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [22] by the attorney or party listed in the caption [_) by the following: a Attorney: b. Firm: c Address: d Telephone number: f. Fax number: e. E-mail address: g. Party represented: [_] Additional representation is described in Attachment 8. Preference [J 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel [_% ] has [J 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) [4¢ ]This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): (CM-110 [Rev. September 1, 2021] Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: J ane Doe K.B. an individual CASE NUMBER DEFENDANT/RESPONDENT: DOE 1,a public entity, etal. SCV-272161 10. ¢ 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 wil ing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): |stipulation): [22] Mediation session not yet scheduled [_] Mediation session scheduled for (date): (1) Mediation Be [_] Agreed to complete mediation by (date): [] Mediation completed on (date): [4] Settlement conference not yet scheduled (2) Settlement [J Settlement conference scheduled for (date): conference [J Agreed to complete settlement conference by (date): [} Settlement conference completed on (date): [J Neutral evaluation not yet scheduled [J Neutral evaluation scheduled for (date): (3) Neutral evaluation [J Agreed to complete neutral evaluation by (date): [J Neutral evaluation completed on (date): [J J udicial arbitration not yet scheduled (4) Nonbinding judicial [J J udicial arbitration scheduled for (date): arbitration [_] Agreed to complete judicial arbitration by (date): [J J udicial arbitration completed on (date): [J Private arbitration not yet scheduled (5) Binding private [J Private arbitration scheduled for (date): arbitration [J Agreed to complete private arbitration by (date): [] Private arbitration completed on (date): [J ADR session not yet scheduled [J ADR session scheduled for (date): (6) Other (specify): [J Agreed to complete ADR session by (date): [J ADR completed on (date): (CM-110 [Rev. September 1, 2021] Page 3 0f5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: J ane Doe K.B. an individual CASE NUMBER DEFENDANT/RESPONDENT: DOE 1,a public entity, etal. SCV-272161 11. Insurance a. [_] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [__] Yes [J No c. [_] Coverage issues will significantly affect resolution of this case (explain): 12.J urisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [J Bankruptcy [7] 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. [__] A motionto [5 consolidate [J coordinate will be filed by (name party): 14. Bifurcation [J 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 [22] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Any and all other motions deemed necessary. 16. Discovery a. [__] The party or parties have completed all discovery. b. [3] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptiot Date Plaintiff Written Discovery 07/01/2024 Plaintiff Depositions 07/01/2024 Plaintiff Expert Written Disclosures Per Code Plaintiff Expert Depositions Per Code c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. September 1, 2021] Page 40f5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: J ane Doe K.B. an individual CASE NUMBER DEFENDANT/RESPONDENT: DOE 1,a public entity, etal. SCV-272161 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. [__] 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): | 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: 6/28/2023 Andrew |. Chung (TYPE OR PRINT NAME) > _ (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) > (SIGNATURE OF PARTY OR ATTORNEY) [J Additional signatures are attached. (CM-110 [Rev. September 1, 2021] Page 5 of 5 CASE MANAGEMENT STATEMENT For your protection and privacy, please press the Clear This Form button after you have printed the form. (RRS [Sav this form | [cleextiteironn] PROOF OF SERVICE STATE OF CALIFORNIA Iam employed in the County of Los Angeles, State of California. I am over the age of eighteen years and not a party to the within action; my business address is 8383 Wilshire Blvd., Suite 255, Beverly Hills, CA 90211. On June 28, 2023, I served the foregoing CASE MANAGEMENT STATEMENT on the interested parties in this action by following one of the methods of service as follows: Eric J. Bengtson, Esq. Attorneys for Defendant, COTATI- 1960 The Alameda, Suite 210 ROHNERT PARK UNIFIED SCHOOL San Jose, CA 95126 DISTRICT, sued as DOE 1 Phone: (direct) (408) 261-4245 Fax: (408) 985-1814 Eric@dby-law.com JHeaton@dby-law.com 10 11 12 (X) ELECTRONIC MAIL (Email): I emailed the above document(s) from e-mail address angie.guzman@sssfirm.com to the person(s) at the email address(es) set forth below. 13 No error was reported. A true and correct copy of the transmittal report will be produced if requested by any party or the court. 14 I declare under the penalty of perjury under the laws of the State of California, that the foregoing is true and correct. 16 Executed on June 28, 2023, at Beverly Hills, California. 17 18 2 Angie Guzman 19 20 21 22 23 24 25 26 27 28 1 PROOF OF SERVICE