Preview
CM-1 10
ATTDRNEY QF PARTY IMTHDUT ATTQRNEY (Name, slate ger number and eddlwslt
FOR COURT USE ONLY
Lawrence D. Murray (SBN 77536)
Murray & Associates
650 5th Street, Suite 514
San Francisco, CA 94107
ELECTRONICALLY
TELEPHONE NO:
E-MLIL ADDRESS:
415-673-0555 FAX NO. IPgonagr
FILED
Superior Court of California,
AfroRNE FoR INamel. Plaintiff Michael Newman County of San Francisco
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
GREET AoDREss 400 McAllister Street 12/21/2023
MAILING ADDRESS.
Clerk of the Court
BY: DANIEL DIAZ
DITYANDzIP'XIDE: San Francisco, CA 94102 Deputy Clerk
BRANCHtAME
PLAINTIFF/PETITIONER: Newman
DEFENDAIIT/RESPONDENT: 1233 Polk Street LLC, et sl.
CASE MANAGEMENT STATEMENT
(Check one): [X UNLIMITED CASE
(Amount demanded
~ LIMITED CASE
(Amount demanded is $ 25,000
CASE NUMBER:
CGC-23-606038
exceeds $25,000) orless)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: Janbary 10, 2024 Time: 10:30 am Deptd 610 Divd Room:
Address of court (if different from the address above):
~x Notice of Intent to Appear by Telephone, by (name)2 Lawrence D. Murray
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. ~x This statement is submitted by party (name): Plaintiff Michael Newman
b. ~
This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintfffs and cross-complainants only)
a. The complaint was filed on (date): April 25, 2023
b. ~
The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs snd cross-compiainants only)
~x parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
a.
b. ~ ~ All
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 ofinvolvementin case, and date by which
they may be served):
4 Description of case
a. Type of case in ~x
1.
complaint ~ cross-complaint
Intentional Tort; 2. Premise Liability; 3. General Negligence.
(Describe, including causes of action):
Page I of a
Form Adopted fo Mandatory Use Cal Rules of Court,
Judtotal Counnl of Caldomts
CASE MANAGEMENT STATEMENT rules 3 72D-3 730
CM-1 10 [Reu. Seotember I, 2D21l tt sm .oomlll o. gov
CM-110
PLAINTIFF/PETITIONER: Newman CASE NUMBER.
DEFENDANT/RESPONDENT; 1233 Polk Street LLC, et el. CGC-23-606038
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 fo date (indica/e source and amount), estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If eguitab/e relief is sought, describe the nature of the re//ef)
Plaintiff was attacked by defendants and their agents. Plainfitf was seriously injured and knocked unconscious. Exact damages
are unknown at this time.
~ (!I more space is needed, check this box and attach a page designated as Attachmen/4b.)
Jury or nonjury trial
The party or parties request ~x
reques//ng a jury trial):
a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party
Trial date
a.
b.
~
~x
Thetrial has been setfor (date):
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 (speci/y dates and explain reasons for unavailability):
Other tiials: 3/1 8/24 - 3/29/24; 3/25/24 - 4/12/24; 5!20!24 - 6/1 4/24; 7/8/24- 7!26!24.
Estimated length of trial
The party or parties estimate that the trial will take (check ane):
a. ~x days (spec//Y number): 10
b. ~ hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial ~x by the afiamey or party listed in the caption
a. Attorney:
~ by the fallowing:
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
10.
~ This case is entitled to preference (spec//Y code section):
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 ~x has ~
has not provided the ADR information package identified
(2) For self-represented parties: Party ~ ~
in rule 3.221 to the client and reviewed ADR options with the client.
has has not reviewed the ADR information package identified in rule 3.221.
b.
(1) ~
Referral to judicial arbitration or civil action mediation (if available).
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 secfiion 1775.3 because the amount in controversy does not exceed the
(2) ~ statutory limit.
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) ~x 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. (spec! IY exemption):
Value of case exceeds $ 50,000.00.
CM-110 IRor September 1, 2021] Page 2 of 0
CASE MANAGEMENT STATEMENT
CM-1 10
PLAINTIFF/PETITIONER: Newman CASE NUMBER
DEFENDANT/RESPONDENT: 1233 Polk Street I LC, et sl. CGC-23-606038
10. c. Indicate the ADR process or processes that the party or patties are willing to participate in, have agreed to participate in, or
have already participated in (check a/I lhaf apply and provide the specified 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 parries'ADR
processes (check all fhst apply): stipulation):
~x
(1) Mediation
~
~
Mediation session not yet scheduled
Mediation session scheduled for (dale):
Agreed to complete mediation by (dale):
~ Mediation completed on (dale):
(2) Settlement
conference
~
~
~x Settlement conference not yet scheduled
Settlement conference scheduled for(dale):
Agreed to complete settlement conference by(date):
~ Settlement conference completed on(date):
~
~ Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (dale):
(3) Neutral evaluation
~
~ Agreed to complete neutral evaluation by (dale):
Neutral evaluation completed on (dale):
~
~ Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (dale):
(4) Nonbinding judicial
arbitration
~
~ Agreed to complete judicial arbitration by (dale):
Judicial arbitration completed on (dale):
~
~ Private arbitration not yet scheduled
Private arbiVation scheduled for (dale):
(5) Binding private
arbitration
!
~
~ Agreed to complete private arbitration by (dale):
Private arbitration completed on (dale):
~
~ ADR session not yet scheduled
ADR session scheduled for (dale):
(6) Other (specify):
Agreed to complete ADR session by (dale):
ADR completed on (dale):
CM-110 IRev. September 1, 2021I Pege3ef3
CASE MANAGEMENT STAT'EMENT
CM-1 10
PLAINTIFF/PETITIONER: Newman CASE NUMBER
DEFENDANT/RESPONDENT: 1233 Polk Street LLC, et al. CGC-23-606038
11. Insurance
a
b.
~ Insurance carrier,
Reservationofrights: ~ ~
if any, for party filing this statement (name):
Yes No
c. ~ Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
~ Bankruptcy
Status:
~
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Other (specify):
~
13. Related
a.
cases, consolidation, and coordination
There are companion, underlying, or related cases.
(1) Nameofcase:
(2) Name ofcourt:
(3) Case number:
(4) Status:
~ Additional cases are described in Attachment 13a.
~
b. A motion to ~ consolidate ~ coordinate will be filed by (name party):
Bifurcation
14.
~ Tne 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):
Discovery
~
16.
a. The party or parties have completed afi discovery.
b. ~x The following discovery will be completed by the date specified (describe all anticipated discovery):
Para Descriofion ~Dte
Plaintiff Written discovery May 2024
Plaintiff Non-expert depositions Sept2024
c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Ref Seotemeer 1, 2021] page 5 of 5
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF)PETITIONER: Newman CASE NUMBER
DEFENDANT/RESPONDENT: 1233 Polk Street LLC, et al. CGC-23-606038
!
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 fo discovery or trial
should nol apply lo this case):
Otherissues
18.
~ 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 noi, explain):
b. ~ ARer meeting and conferring
(specify):
as required by rule 3.724 of the California Rules of Court, the parties agree on the following
20. Total number of pages attached (if any):
Iam 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 authoriity to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party whe
Date: December 21, 2023
Lawrence D. Murray
(TYPE OR PRINT NAME)
~
(TYPE OR PRINT NAME) (SIGNAYURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
t'M-110
IRev September I, 202(I
CASE MANAGEMENT STATEMENT Peae 5 ef 5
1 PROOF OF SERVICE
I am employed in the City and County of San Francisco, State of California. I am over the age ol
18 and not a party to the within action. My business address is 650 5'" Street, Suite 514, San Francisco,
California 94107; (415) 673-0555. On this date, I served the following document(s): CASE
MANAGEMENT STATEMENT on the interested parties in this action as follows:
Christine Balbo Fenech Christine.Fenech lewisbrisbois.corn
Connor M. Gaballa Connor. Gaballaillewisbrisbois.corn
Lewis Brisbois Bisgaard & Smith LLP
45 Fremont Street, Suite 3000
San Francisco, CA 94105
Tel: (415) 362-2580
Fax: (415) 434-0882
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Rodney S. Diggs rdiuusRimwlaw.corn
Ivie McNeill Wyatt Purcell & Diggs
444 S. Flower Street, Suite 1 800
Los Angeles, CA 90071
Tel: (213) 489-0058
Fax: (213) 489-0552
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[ ] [BY PERSONAL SERVICE] I caused such envelope(s) to be delivered by hand to the above
address(es).
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[XX] [BY EMAIL] I caused such document(s) to be served on the parties listed in this action via
email to the email addresses shown above.
18
[ ] [BY MAIL] I caused envelope(s) with postage thereon fully prepaid to be placed in the
19 United States mail at San Francisco, California, addressed as shown above.
[ ] [BY E-SERVICE] I caused such document(s) to be served via e-service on the parties listed
above.
21
22 [ ] [BY PERSONAL SERVICE BY FAX] I caused the above entitled document(s) to be
personally served on the above shown parties by facsimile transmission on the date shown below
23 by confirming the fax phone number with the law office shown above then (a) transmitting it via
the fax machine within this office, and (b) receiving a receipt from the machine within this office
confirming all documents sent were in fact properly received.
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I declare under penalty of perjury under the laws of the State of California that the above is hue
and correct. Executed in San Francisco, California, on December 21, 2023.
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