Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Pedro "Peter" de la Cerda (SBN 249085)
Edwards & de la Cerda, PLLC
1341 W. Mockingbird Ln., Suite 580W
Dallas, TX 75247
TELEPHONE NO.: 214.888.6502 FAX NO. (Optional): 214.888.6503
E-MAIL ADDRESS: peter@edwardsdelacerda.com
ATTORNEY FOR (Name): Plaintiff John Doe CLG03277
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS: 1100 Anacapa Street
MAILING ADDRESS: P.O. Box 21107
CITY AND ZIP CODE: Santa Barbara 93121-1107
BRANCH NAME: Anacapa Building
PLAINTIFF/PETITIONER: John Doe CLG03277
DEFENDANT/RESPONDENT: Carpinteria Unified School District, et. al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE 22CV05053
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 8, 2023 Time: 8:30 A.M. Dept.: 3 Div.: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Pedro "Peter" de la Cerda; Ryan J. Cavanaugh (Zoom)
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): Plaintiff John Doe CLG03277
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): December 22, 2022
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. 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) 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):
(3) have had a default entered against them (specify names):
c. 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 (Describe, including causes of action):
In this claim filed under C.C.P. 340.1, Plaintiff alleges negligence, negligent supervision, negligent retention/hiring, and
negligent failure to train, warn, or education against Defendant Carpinteria Unified School District for alleged childhood sexual
assaults he sustained at the hands of a principal of said Defendant.
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California
CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: John Doe CLG03277 CASE NUMBER:
DEFENDANT/RESPONDENT: Carpinteria Unified School District, et. al. 22CV05053
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.)
Over the course of three school years, Plaintiff was sexually assaulted at Main Elementary School. Because of the childhood
sexual assaults, Plaintiff has suffered physical injury and has and will continue to suffer psychological, mental, and emotional
distress. Plaintiff has also lost income and earning capacity due to the assaults.
(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 a jury triaI 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. 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):
May 2024: Plaintiff's counsel will be engaged in a multi-week sex-trafficking case in the Northern District of Ohio beginning as
early as May 6.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 6-8
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 by the following:
a. Attorney: Ryan J. Cavanaugh
b. Firm: Constant Legal Group, LLP
c. Address: 737 Bolivar Rd., Ste. 440 Cleveland, Ohio 44115
d. Telephone number: 216.333.4119 f. Fax number:
e. E-mail address: ryan@constantllp.com g. Party represented: Plaintiff
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 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 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) 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: John Doe CLG03277 CASE NUMBER:
DEFENDANT/RESPONDENT: Carpinteria Unified School District, et. al. 22CV05053
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 all that apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
ADR session scheduled for (date):
(6) Other (specify):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. September 1, 2021] Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: John Doe CLG03277 CASE NUMBER:
DEFENDANT/RESPONDENT: Carpinteria Unified School District, et. al. 22CV05053
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes 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:
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII 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
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motions in Limine
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
Plaintiff and Defendant Deposition of Party Witnesses January 2024
Plaintiff and Defendant Deposition of Other Witnesses February 2024
Plaintiff and Defendant Deposition of Experts 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 4 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: John Doe CLG03277 CASE NUMBER:
DEFENDANT/RESPONDENT: Carpinteria Unified School District, et. al. 22CV05053
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):
At the previous status conference, the Court asked the parties to propose a trial date. Plaintiff's would propose a trial as soon
as possible, likely in the first half of 2024. As background, this matter was initially set for trial by Judge Thomas Anderle for
February 28, 2024. The parties worked expeditiously to complete paper discovery so that depositions could be taken and trial
could go forward on that date. Plaintiff is prepared to take deposition and prepare the case for trial as soon as possible.
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): 0
I 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: 11/22/2023
Pedro "Peter" de la Cerda
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. September 1, 2021] Page 5 of 5
CASE MANAGEMENT STATEMENT
1 PROOF OF SERVICE
2 STATE OF TEXAS )
3 ) ss:
COUNTY OF DALLAS )
4
I am employed in Dallas, Texas. I am over the age of 18 and not a party to this action. My
5 business address is 1341 W. Mockingbird Ln., Suite 580W, Dallas, TX 75247. On the execution
date below and in the manner stated herein, I served the following documents on all interested
6
parties described as follows:
7
1. CASE MANAGEMENT STATEMENT
8
9 BY MAIL — In accordance with Code of Civil Procedure section 1013a to the following:
10 John C. Eck
11 Craig Price
Griffith & Thornburgh, LLP
12 8 E. Figueroa St., Suite 300
Santa Barbara, CA 93101
13
I declare under penalty of perjury under the laws of the State of California that the above is true
14 and correct.
15
Executed this 22nd day of November, 2023, at Dallas, Texas.
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Pedro “Peter” de la Cerda
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PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Pedro "Peter" de la Cerda (SBN 249085) Edwards & de la Cerda, PLLC 1341 W. Mockingbird Ln., Suite 580W Dallas, TX 75247 TELEPHONE NO.: 214.888.6502 FAX NO. (Optional): 214.888.6503 E-MAIL ADDRESS: peter@edwardsdelacerda.com ATTORNEY FOR (Name): Plaintiff John Doe CLG03277 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: 1100 Anacapa Street MAILING ADDRESS: P.O. Box 21107 CITY AND ZIP CODE: Santa Barbara 93121-1107 BRANCH NAME: Anacapa Building PLAINTIFF/PETITIONER: John Doe CLG03277 DEFENDANT/RESPONDENT: Carpinteria Unified School District, et. al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE 22CV05053 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 8, 2023 Time: 8:30 A.M. Dept.: 3 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Pedro "Peter" de la Cerda; Ryan J. Cavanaugh (Zoom) 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): Plaintiff John Doe CLG03277 b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): December 22, 2022 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. 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) 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): (3) have had a default entered against them (specify names): c. 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 (Describe, including causes of action): In this claim filed under C.C.P. 340.1, Plaintiff alleges negligence, negligent supervision, negligent retention/hiring, and negligent failure to train, warn, or education against Defendant Carpinteria Unified School District for alleged childhood sexual assaults he sustained at the hands of a principal of said Defendant. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: John Doe CLG03277 CASE NUMBER: DEFENDANT/RESPONDENT: Carpinteria Unified School District, et. al. 22CV05053 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.) Over the course of three school years, Plaintiff was sexually assaulted at Main Elementary School. Because of the childhood sexual assaults, Plaintiff has suffered physical injury and has and will continue to suffer psychological, mental, and emotional distress. Plaintiff has also lost income and earning capacity due to the assaults. (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 a jury triaI 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. 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): May 2024: Plaintiff's counsel will be engaged in a multi-week sex-trafficking case in the Northern District of Ohio beginning as early as May 6. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 6-8 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 by the following: a. Attorney: Ryan J. Cavanaugh b. Firm: Constant Legal Group, LLP c. Address: 737 Bolivar Rd., Ste. 440 Cleveland, Ohio 44115 d. Telephone number: 216.333.4119 f. Fax number: e. E-mail address: ryan@constantllp.com g. Party represented: Plaintiff 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 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 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) 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: John Doe CLG03277 CASE NUMBER: DEFENDANT/RESPONDENT: Carpinteria Unified School District, et. al. 22CV05053 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 all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. September 1, 2021] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: John Doe CLG03277 CASE NUMBER: DEFENDANT/RESPONDENT: Carpinteria Unified School District, et. al. 22CV05053 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes 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: Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII 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 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in Limine 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 Plaintiff and Defendant Deposition of Party Witnesses January 2024 Plaintiff and Defendant Deposition of Other Witnesses February 2024 Plaintiff and Defendant Deposition of Experts 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 4 of 5 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: John Doe CLG03277 CASE NUMBER: DEFENDANT/RESPONDENT: Carpinteria Unified School District, et. al. 22CV05053 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): At the previous status conference, the Court asked the parties to propose a trial date. Plaintiff's would propose a trial as soon as possible, likely in the first half of 2024. As background, this matter was initially set for trial by Judge Thomas Anderle for February 28, 2024. The parties worked expeditiously to complete paper discovery so that depositions could be taken and trial could go forward on that date. Plaintiff is prepared to take deposition and prepare the case for trial as soon as possible. 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): 0 I 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: 11/22/2023 Pedro "Peter" de la Cerda (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. September 1, 2021] Page 5 of 5 CASE MANAGEMENT STATEMENT 1 PROOF OF SERVICE 2 STATE OF TEXAS ) 3 ) ss: COUNTY OF DALLAS ) 4 I am employed in Dallas, Texas. I am over the age of 18 and not a party to this action. My 5 business address is 1341 W. Mockingbird Ln., Suite 580W, Dallas, TX 75247. On the execution date below and in the manner stated herein, I served the following documents on all interested 6 parties described as follows: 7 1. CASE MANAGEMENT STATEMENT 8 9 BY MAIL — In accordance with Code of Civil Procedure section 1013a to the following: 10 John C. Eck 11 Craig Price Griffith & Thornburgh, LLP 12 8 E. Figueroa St., Suite 300 Santa Barbara, CA 93101 13 I declare under penalty of perjury under the laws of the State of California that the above is true 14 and correct. 15 Executed this 22nd day of November, 2023, at Dallas, Texas. 16 17 Pedro “Peter” de la Cerda 18 19 20 21 22 23 24 25 26 27 28 1 PROOF OF SERVICE