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Electronically Filed Superior Court of CA County of Contra Costa 12/19/2023 6:33 PM By: M. Chatterjee, Deputy
Juan C. Flores SBN: 333473
The Arns Davis Law Firm
515 Folsom Street, 3rd Floor, San Francisco
San Francisco, CA 94105
415-495-7800 415-495-7888
jcf@arnslaw.com
Plaintiff, Martin Ochoa Suarez
Contra Costa
725 Court Street
Martinez, CA 94553
Martin Ochoa Suarez
Cannon Constructors, Inc.
x
C23-00191
January 5, 2024 8:30 am 12
x Juan C. Flores
x Plaintiff, Martin Ochoa Suarez
January 26, 2023
x
x
Defendant FactoryOS
x
Negligence.
Martin Ochoa Suarez
C23-00191
Cannon Constructors, Inc.
See Attachment 4B.
x
x
x
x 7-10
x
x
x
The amount in controversy exceeds $50,000.00
CM-110
PLAINTIFF/PETITIONER: Martin Ochoa Suarez CASE NUMBER:
DEFENDANT/RESPONDENT: Cannon Constructors, Inc. C23-00191
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 app/y and provide the spec/fled information):
The party or parties completing Ifthe 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 app/y): stipulation):
III
x Mediation session not yet scheduled
(1) Mediation
x III Mediation session scheduled for (date):
III Agreed to complete mediation by (date):
Mediation completed on (date):
x Settlement conference not yet scheduled
x Settlement conference scheduled for (date):
(2) Settlement
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
Judicial arbitration scheduled for (date):
(4) Nonbindingjudicial
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
(5) Binding private
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.Ju|y1,2011] Page 3 of5
CASE MANAGEMENT STATEMENT
Martin Ochoa Suarez
C23-00191
Cannon Constructors, Inc.
x
Plaintiff PMQ Depositions of Canon Construction January – February 2024
Plaintiff PMQ Depositions of FactoryOS January – February 2024
x
Plaintiff and Defendant Canon Construction have agreed to hold off on discovery until all parties have appeared.
Martin Ochoa Suarez
C23-00191
Cannon Constructors, Inc.
x
1
December 19, 2023
Juan C. Flores
Attachment 4B
On or about February 9, 2021, Plaintiff MARTIN OCHOA SUAREZ was acting within the course
and scope of his employment with his employer, Contractor’s Scaffold Supply, Inc. Plaintiff was
employed as a union carpenter, working at 11600 San Pablo Ave, El Cerrito, California (“Subject
Project”). Defendant CANNON CONSTRUCTORS, INC. was acting as the general contractor on the
Subject Project. As a direct and proximate result of Defendant’s negligence, breach of duty, and
violations, Plaintiff sustained injury to his person, incurred wage loss, medical expenses, other
expenses when Plaintiff stepped on the concealed roof opening and it collapsed, causing him to
fall and sustain serious personal injuries. Plaintiff MARTIN OCHOA SUAREZ suffered severe
injuries to his shoulder, back, and left foot when he fell through an unmarked roof opening on
the Subject Project.
1 Ochoa Suarez, M. v. Cannon Constructors, Inc.
Contra Costa Superior Court Case No. C23-00191
2
CERTIFICATE OF SERVICE
3
I, the undersigned, declare as follows:
4
I am over the age of 18 years and not a party to, nor interested in, the above-entitled action. I am an
5 employee of The Arns Davis Law Firm, A Professional Corporation, and my business address is 515 Folsom Street,
3rd Floor, San Francisco, CA 94105
6
On December 19, 2023, I served the following: CASE MANAGEMENT STATEMENTS
7
on all interested parties in the above cause, by:
8
X ONLY BY ELECTRONIC TRANSMISSION Only by emailing the document(s) to the persons
9 at the e-mail address(es) below pursuant to California Code of Civil Procedure § 1010.6
10 The envelopes were addressed as follows:
11 Edward J. Riffle Andre Moitra
Angela Nelson SCIF
12 COLLINS + COLLINS LLP PO Box 65005
790 E. Colorado Boulevard, Suite 600 Fresno, CA 93650-5005
13 Pasadena, CA 91101 P: 559-433-2868
(626) 243-1100 – FAX (626) 243-1111 amoitra@scif.com
14 eriffle@ccllp.law Workers’ Compensation Claims Adjuster
anelson@ccllp.law
15 nverdugo@ccllp.law
acazares@ccllp.law
16 file@ccllp.law
Counsel for Cannon Constructors, Inc. & Cannon
17 Constructors North, Inc.
18 Mamta K. Shah Michael Hackett
SCIF SCIF-Legal Department
19 PO Box 65005 PO Box 3171
Fresno, CA 93650-5005 Suisun City, CA 94585
20 P: 714-347-6534 P: 415-558-4815
F: 707-646-2613 MAHackett@scif.com
21 mkshah@scif.com Workers Compensation Attorney
Subrogation Specialist
22
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
23 correct:
Executed on December 19, 2023 at San Francisco, California.
24
/s/
25 ____________________________________
ELISA CARBAHAL
26
27
28
-1-
Preview
Electronically Filed Superior Court of CA County of Contra Costa 12/19/2023 6:33 PM By: M. Chatterjee, Deputy Juan C. Flores SBN: 333473 The Arns Davis Law Firm 515 Folsom Street, 3rd Floor, San Francisco San Francisco, CA 94105 415-495-7800 415-495-7888 jcf@arnslaw.com Plaintiff, Martin Ochoa Suarez Contra Costa 725 Court Street Martinez, CA 94553 Martin Ochoa Suarez Cannon Constructors, Inc. x C23-00191 January 5, 2024 8:30 am 12 x Juan C. Flores x Plaintiff, Martin Ochoa Suarez January 26, 2023 x x Defendant FactoryOS x Negligence. Martin Ochoa Suarez C23-00191 Cannon Constructors, Inc. See Attachment 4B. x x x x 7-10 x x x The amount in controversy exceeds $50,000.00 CM-110 PLAINTIFF/PETITIONER: Martin Ochoa Suarez CASE NUMBER: DEFENDANT/RESPONDENT: Cannon Constructors, Inc. C23-00191 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 app/y and provide the spec/fled information): The party or parties completing Ifthe 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 app/y): stipulation): III x Mediation session not yet scheduled (1) Mediation x III Mediation session scheduled for (date): III Agreed to complete mediation by (date): Mediation completed on (date): x Settlement conference not yet scheduled x Settlement conference scheduled for (date): (2) Settlement 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 Judicial arbitration scheduled for (date): (4) Nonbindingjudicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private 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.Ju|y1,2011] Page 3 of5 CASE MANAGEMENT STATEMENT Martin Ochoa Suarez C23-00191 Cannon Constructors, Inc. x Plaintiff PMQ Depositions of Canon Construction January – February 2024 Plaintiff PMQ Depositions of FactoryOS January – February 2024 x Plaintiff and Defendant Canon Construction have agreed to hold off on discovery until all parties have appeared. Martin Ochoa Suarez C23-00191 Cannon Constructors, Inc. x 1 December 19, 2023 Juan C. Flores Attachment 4B On or about February 9, 2021, Plaintiff MARTIN OCHOA SUAREZ was acting within the course and scope of his employment with his employer, Contractor’s Scaffold Supply, Inc. Plaintiff was employed as a union carpenter, working at 11600 San Pablo Ave, El Cerrito, California (“Subject Project”). Defendant CANNON CONSTRUCTORS, INC. was acting as the general contractor on the Subject Project. As a direct and proximate result of Defendant’s negligence, breach of duty, and violations, Plaintiff sustained injury to his person, incurred wage loss, medical expenses, other expenses when Plaintiff stepped on the concealed roof opening and it collapsed, causing him to fall and sustain serious personal injuries. Plaintiff MARTIN OCHOA SUAREZ suffered severe injuries to his shoulder, back, and left foot when he fell through an unmarked roof opening on the Subject Project. 1 Ochoa Suarez, M. v. Cannon Constructors, Inc. Contra Costa Superior Court Case No. C23-00191 2 CERTIFICATE OF SERVICE 3 I, the undersigned, declare as follows: 4 I am over the age of 18 years and not a party to, nor interested in, the above-entitled action. I am an 5 employee of The Arns Davis Law Firm, A Professional Corporation, and my business address is 515 Folsom Street, 3rd Floor, San Francisco, CA 94105 6 On December 19, 2023, I served the following: CASE MANAGEMENT STATEMENTS 7 on all interested parties in the above cause, by: 8 X ONLY BY ELECTRONIC TRANSMISSION Only by emailing the document(s) to the persons 9 at the e-mail address(es) below pursuant to California Code of Civil Procedure § 1010.6 10 The envelopes were addressed as follows: 11 Edward J. Riffle Andre Moitra Angela Nelson SCIF 12 COLLINS + COLLINS LLP PO Box 65005 790 E. Colorado Boulevard, Suite 600 Fresno, CA 93650-5005 13 Pasadena, CA 91101 P: 559-433-2868 (626) 243-1100 – FAX (626) 243-1111 amoitra@scif.com 14 eriffle@ccllp.law Workers’ Compensation Claims Adjuster anelson@ccllp.law 15 nverdugo@ccllp.law acazares@ccllp.law 16 file@ccllp.law Counsel for Cannon Constructors, Inc. & Cannon 17 Constructors North, Inc. 18 Mamta K. Shah Michael Hackett SCIF SCIF-Legal Department 19 PO Box 65005 PO Box 3171 Fresno, CA 93650-5005 Suisun City, CA 94585 20 P: 714-347-6534 P: 415-558-4815 F: 707-646-2613 MAHackett@scif.com 21 mkshah@scif.com Workers Compensation Attorney Subrogation Specialist 22 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and 23 correct: Executed on December 19, 2023 at San Francisco, California. 24 /s/ 25 ____________________________________ ELISA CARBAHAL 26 27 28 -1-