Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). FOR COURT USE ONLY
JosephJ. Babich, Esq. / SBN: 096290
Sean D. Wisman, Esq. / SBN: 269420
DREYER BABICH BUCCOLA WOOD CAMPORA, LLP
20 Bicentennial Circle, Sacramento, CA 95826
TELEPHONE NO, (916) 379-3500 FAXNO.Optionay. (916) 379-3599
E-MAIL ADDRESS (Optionay: J Dabich@dbbwe.com
ATTORNEY FOR (Aamo): Plaintiff, CHRISTOPHER DOERHOFF
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
streerappress 191 N. First Street
MAILING ADDRESS.
CITY AND ZIP CODE: San Jose, CA 95113
prancHname: Civil-Unlimited
PLAINTIFF/PETITIONER: CHRISTOPHER DOERHOFF
DEFENDANT/RESPONDENT: VARIAN MEDICAL SYSTEMS, Inc
CASE MANAGEMENT STATEMENT CASE NUMBER,
(Check one): [XK] UNLIMITED CASE C2 uimitep case 19CV341394
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 09/17/19 Time: 10:00 a.m Dept. 8 Div. Room:
Address of court (if different from the address above).
[E) Notice of Intent to Appear by Telephone, by (name): JOSEPH J. BABICH, ESQ
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one).
a. {X) This statement is submitted by party (name). Christopher Doerhoff
b. [LJ This statement is submitted jointly by parties (names).
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): January 11 2019
b. (2) The cross-complaint, if any, was filed on (date).
Service (to be answered by plaintiffs and cross-compiainants only)
a. (XJ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. (CQ The following parties named in the complaint or cross-complaint
a) (1 have not been served (specify names and explain why not).
(2) (Cy have been served but have not appeared and have not been dismissed (specify names):
(3) (2) have had a default entered against them (specify names)
c. (CJ The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served).
Description of case
a Type of case in [Q) complaint (J cross-complaint (Describe, including causes of action):
Premises liability; personal injury
Page 1 of 5
Fon Adoptedfo Mandatory UsUse CASE MANAGEMENT STATEMENT Cal. Rules of Cour.
CEB Essential rules 3,720-3.730
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J-DOERHOFF, CHRISTOPHER
CM-110
PLAINTIFF/PETITIONER: CHRISTOPHER DOERHOFF CASE NUMBER:
19CV341394
DEFENDANT/RESPONDENT: VARIAN MEDICAL SYSTEMS, Inc.
4 b. Provide a brief statement of the case, including any damages. (If persona! 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 reliet is sought, describe the nature of the relief.)
On or about December 16, 2017, Plaintiff CHRISTOPHER DOERHOFF, was lawfully riding his bicycle
along Hanover Street, a paved roadway in Palo Alto. As Plaintiff cycled along the roadway, a
large tree, on Defendant VARIAN MEDICAL SYSTEMS, INC.'s property, fell over and landed on top of
him, due to the negligence of the Defendants, causing injuries and damages to Plaintifé.
CJ (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 CK) a jury trial (2 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. [EX] 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):
¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. (KX) days (specify number): 7-10
b. (CC) hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial [Q) by the attorney or party fisted in the caption (2) by the following:
a. Attorney:
b. Firm:
C. Address:
d Telephone number: f. Fax number:
e. E-mail address: g Party represented:
Q Additional representation is described in Attachment 8.
Preference
(CD 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 for information about the processes available through the
coun and community programs in this case.
(1) For parties represented by counsel: Counsel has (2) 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 [Chas (2) has not reviewed the ADR information package identified in rule 3.221.
Referral to judicial arbitration or civil action mediation (if available).
1) CC) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) [L] 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) (2) 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):
OM-110 [Rav. July 1, 2011] CASE MANAGEMENT STATEMENT Page
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eebcom {2]Forms J-DOERHOFF, CHRISTOPHER
CM-110
PLAINTIFF/PETITIONER:CHRISTOPHER DOERHOFF CASE NUMBER,
19CV341394
DEFENDANT/RESPONDENT: VARIAN MEDICAL SYSTEMS, INC.
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 specitied information):
The party or parties completing It 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 ail that apply): stipulation):
(3) Medi: ion session not yet scheduled
[.] Mediation session scheduled for (date):
(1) Mediation
() Agreed to complete mediation by (date):
(2) Mediation completed on (date):
[X) Settlement conterence not yet scheduled
(2) Settlement (CC) Settlement conterence scheduled for (date):
conference
[C) Agreed to complete setttement conference by (date):
() Settlement conference completed on (date):
(J Neutral evaluation not yet scheduled
(3) Neutral evaluation
[CJ Neutral evaluation scheduled for (date):
(C1 Agreed to complete neutral evaluation by (date):
(2) Neutral evaluation completed on (date):
() Judicial arbitration not yet scheduled
(4) Nonbinding judicial (C2 Judicial arbitration scheduled for (date):
arbitration
CJ Agreed to complete judicial arbitration by (date):
(C) Judicial arbitration completed on (date):
(C) Private arbitration not yet scheduled
(5) Binding private (1 Private arbitration scheduled for (date):
arbitration
(2) Agreed to complete private arbitration by (date):
C1 Private arbitration completed on (date):
CAADR session not yet scheduled
(6) Other (specify): COVADR session scheduled for (date):
(1 Agreed to complete ADA session by (date):
CV ADR completed on (date):
M110 (Rew July
1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5
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J-DOFRRHOFF, CHRISTOPHER
CM-110
PLAINTIFF/PETITIONER: CHRISTOPHER DOERHOFF CASE NUMBER:
19CV341394
DEFENDANT/RESPONDENT: VARIAN MEDICAL SYSTEMS, INC.
1. Insurance
a. (2) Insurance carrier, it any, for party filing this statement (name):
b. Reservation of rights: Yes No
¢. (CC) 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 (C]) Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. (J There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
(C) Additional cases are described in Attachment 13a.
b. [2 Amotion to C) consolidate (J coordinate will be filed by (name party):
14 Bifurcation
(2) The party or parties intend to file a mation 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
[C) The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
16. Discovery
a. [-} The party or parties have completed all discovery.
bv. [&]) The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptio Date
Plaintiff Written discovery November 2019
Plaintiff Depositions October 2019
Plaintiff Expert discovery Per Code
c. (2) The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify);
CEB Spam
1CM-1 10 (Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page
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J-DOERHOFF, CHRISTOPHER
CM-110
PLAINTIFF/PETITIONER: CHRISTOPHER DOERHOFF CASE NUMBER,
19CV341394
DEFENDANT/RESPONDENT: VARIAN MEDICAL SYSTEMS, Inc.
+7. Economic litigation
a. (2) 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. (CQ) Thisis alimited 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
(2 The panty or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meet and confer
a. [LJ The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of
Count (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
(specily):
20. Total number of pages attached (if any):
tam 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: August 30, 2019
sIOSEPH J. BARTCH/SEAN D. WISMAN > =
(TYPE OR PRINT NAME) (SIGNATUNC OF PARTY OR ATTORNEY)
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(2) Additional signatures are attached.
'CM-110 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT Page
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J-DOERHOFF, CHRISTOPHER
PROOF OF SERVICE - CCP § 1013, 1013a, 2015.5
and California Rules of Court, Rule 2.306
Doerhoff v. Varian Medical Systems, Inc.
Santa Clara County Superior Case No.: 19CV341394
I, the undersigned, declare that:
T am a citizen of the United States and am over the age of eighteen years and not a
party to the within above-entitled action. I am an employee of Dreyer Babich Buccola Wood
Campora, tLe and my business address is 20 Bicentennial Circle, Sacramento, CA 95826.
On the date indicated below, I served the within document:
CASE MANAGEMENT STATEMENT
On the parties in said action addressed as follows
10 RachelH. Leonard, Esq Attorneys for Defendant
TATE & ASSOCIATES VARIAN MEDICAL SYSTEMS, INC
11 1321 Eighth Street, Suite 4
Berkeley, CA 94710
12 Telephone: (510) 525-5100
Facsimile: (510) 525-5130
13
oO BY FACSIMILE MACHINE (FAX): On ,at a.m./p.m. by use
14 of facsimile machine telephone number (916) 379-3599, 1 served a true copy of the
aforementioned document(s) on the parties in said action by transmitting by facsimile
15 machine to the numbers as set forth above. The facsimile machine I used complied with
California Rules of Court, Rule 2.301 and no error was reported by the machine. Pursuant
16 to California Rules of Court, Rule 2.306, I caused the machine to print a transmission
record of the transmission, a copy of which is attached to this Declaration
17
BY MAIL: I am familiar with my employer‘s practice for the collection and processing of
18 orrespondence for mailing with the United States Postal Service and that each day’s mail
is deposited with the United States Postal Service that same day in the ordinary course of
19 business On the date set forth above, I served the aforementioned document(s) on the
parties in said action by placing a true and correct copy thereof enclosed in a sealed
20 envelope with postage thereon fully prepaid, for collection and mailing on this date,
following ordinary business practices, at Sacramento, CA, addressed as set forth above
21
BY PERSONAL SERVICE: By personally delivering a true copy thereof to the office of the
22 addressee above
23 Oo BY OVERNIGHT COURIER: By causing a true copy and/or original thereof to be
personally delivered via the following overnight courier service:
24
I declare under penalty of perjury under the laws of the State gf California that the
25 foregoing is true and correct, and that this declaration was execut do} Nr 30, 2019, at
Sacramento, CA
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26
CAD NA (J\ ay “
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27 IELLE ERS
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Proof of Service