Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Rachel H. Leonard - 242325
Tate & Associates
1321 Eighth Street, Suite 4
Berkeley, CA 94710
TELEPHONE NO: (510) 525-5100 FAxNo.(optonay: (51C) 525-5130
E-MAIL ADDRESS (Optional:
ATTORNEY FOR (Name. Defendant VARTAN MEDICAL SYSTEMS, INC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
streeraooress 191 N. First Street
MAING ADDREss: San Jose, CA 95113
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:Christopher Doerhoff
DEFENDANT/RESPONDENT:Varian Medical Sytems, Inc.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [X}] UNLIMITED CASE (J uimirep case 19CV341394
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 9/17/19 Time: 10 AM Dept.. 8 Div.: Room:
‘Address of court (if different from the address above):
[X_] Notice of Intent to Appear by Telephone, by (name): Rachel H. Leonard
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): Varian Medical Sytems, Inc.
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):
b. The cross-complaint, if any, was filed on (date): 6/17/19
3. Service (io 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. L__] 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-compiaint (Describe, including causes of action):
Premises liability. Cross-complaint for indemnity, breach of contract, and
declaratory relief against contractor.
Page 1 of 5
retusa Gounclof Catton CASE MANAGEMENT STATEMENT 5 je Cal, Rules of Cou
OM-140{Rev. July 4, 2041] Lut Dus,
EyCM-110
PLAINTIFF/PETITIONER: Christopher Doerhoff CASE NUMBER’
| DEFENDANT/RESPONDENT: Varian Medical Sytems, Inc. 19cV341394
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
eamings to date, and estimated future lost eamings. If equitatle relief is sought, describe the nature of the relief )
A tree fell on plaintiff£ while he was riding his bicycle near defendant's offices. Plaintiff
alleges the tree was owned/controlled by defendant. Discovery is in its infancy and the full
nature and extent of claimed damages are presently unknown, Brightview has recently appeared
and depositions are being scheduled.
L“"] (if more space is needed, check this box and alfach a page designated as Attachment 4b)
5. Jury or nonjury triat
The party or parties request
requesting a jury trial):
ajury trial ["]} anonjury tial. (if more than one party, provide the name of each party
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 tral (specify dates and explain reasons for unavailability):
Trials beginning on 11/22/19, 12/13/19, £/6/20, 2/28/20, 3/23/20, 4/17/20, 5/4/20, 8/26/20, 6/8/20, 6/26/20, 1/27/20, 8/10/20, 1/19/21, 2/26/21, 3/26/21,
4/921.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a days (specify number): 5-7
b. {"] hours (short causes) (specify):
8. Trial representation (fo be answered for each party)
The party or parties will be represented at trial {“X_]} by the attomey 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.
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 for information about the processes availabte through the
court and community programs in this case.
(1) For parties represented by counsel: Counsel has [__] hasnot 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. Referrat 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 judiciat 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):
CMO ERe. dey 42911 CASE MANAGEMENT STATEMENT Page 208CM-110
PLAINTIFF/PETITIONER: Christopher Doerhoff
DEFENDANT/RESPONDENT: Varian Medical Sytems, Inc.
CASE NUMBER,
19CV341394
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 al! that apply and provide the specified information):
processes (check ail that apply): | stipulation):
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 (affach a copy of the parties‘ ADR
(1) Mediation
Mediation session not yet scheduled
["] Mediation session scheduled for (date):
{_] Agreed to complete mediation by (date):
{] Mediation completed on (dafe):
(2) Settlement
conference
(5C] Settlement conference not yet scheduled
{J Settlement conference scheduled for (date):
[J Agreed to complete settlement conference by (date):
{] Settlement conference completed on (date):
(3) Neutral evaluation fy]
[] Neutrat evaluation not yet scheduled
[-_] Neutrat evaluation scheduled for (date):
L__} Agreed to complete neutral evaluation by (date):
[=] Neutral evaluation completed on (date):
(4) Nonbinding judicial CJ
[=] Judicial arbitration not yet scheduled
[<2] Judicial arbitration scheduled for (date):
arbitration [] Agreed to complete judicial arbitration by (date):
[J Judicial arbitration completed on (date):
[] Private arbitration not yet scheduled
{) Private arbitration scheduled for (date):
(6) Binding private
arbitration LJ {4} 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): Co
[__] Agreed to complete ADR session by (date):
[—] ADR completed on (date):
OMeTFO [Rew July 4, 2013) CASE MANAGEMENT STATEMENT
Page Sof 5CM-110
PLAINTIFF/PETITIONER: Christopher Doerhoff ‘CASE NUMBER:
| DEFENDANT/RESPONDENT: Varian Medical Sytems, Inc. 19CV341394
11. Insurance
a. [__] Insurance carrier, if any, for party filing this statement (name):
b. Reservation ofrights; [__] Yes [-_] No
c. L_] 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. Cy) 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. [__] Amotionio [| consolidate [| coordinate will 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
[X_] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Motions in limine prior to trial. Presently unknown as to others.
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
Defendant Deposition of plaintiff/subpoena Fall 2019
add'l providers/witness depos
Defendant Depositions of treaters/experts per code
c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CHAD. 2001 CASE MANAGEMENT STATEMENT aon foreCM-110
PLAINTIFF/PETITIONER: Christopher Doerhoff CASE NUMBER:
| DEFENDANT/RESPONDENT: Varian Medical Sytems, Inc. 19CV341394
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):
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: 8/26/19
Rachel H. Leonard » wn.
(TYPE OR PRINT NAME) rT (SIGNATURE OF PARTY OR ATTORNEY)
>
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[J Additional signatures are attached.
OM-HO TR. Jay 3.2011 CASE MANAGEMENT STATEMENT Page 5PROOF OF SERVICE
I, the undersigned, hereby declare that | am over the age of eighteen years and not a party
to the within action. | am readily familiar with this firm’s business practice for collection and
processing of correspondence for mailing with the U.S. Postal Service. My business address is
1321 Eighth Street, Suite 4, Berkeley, California 94710. On the date indicated below, I served
the following document(s):
CASE MANAGEMENT STATEMENT
upon the following at the address(es) stated below:
Joseph J. Babich
Sean D. Wisman
Dreyer Babich Buccola Wood Campora, LLP
20 Bicentennial Circle
Sacramento, CA 95826
Fax: (916) 379-3599
Attorneys for Plaintiff Christopher Doerhoff
Mark A. Bates
Bates Winter & Associates LLP
925 Highland Pointe Drive, Suite 380
Roseville CA 95678
Fax: (916) 789-7090
Attorneys for Cross-Defendant Brightview Tree Care Services
X BY MAIL by depositing true and correct copies in sealed envelopes in the United States
Mail in accordance with the usual mailing practice of this firm.
— BY PERSONAL SERVICE in accordance with ordinary business practices during ordinary
business hours.
_ BY FAX at number listed. Said copies were placed for transmission by this firm’s facsimile
machine transmitting from (510) 525-5130, Berkeley, California. The record of the
transmission was properly issued by the transmitting fax machine.
_ BY UPS overnight delivery.
1 declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and that this declaration was executed on August 27, 2019, at
Berkeley, California.
Ome Craw
Diana Crow
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Rachel H. Leonard - 242325 Tate & Associates 1321 Eighth Street, Suite 4 Berkeley, CA 94710 TELEPHONE NO: (510) 525-5100 FAxNo.(optonay: (51C) 525-5130 E-MAIL ADDRESS (Optional: ATTORNEY FOR (Name. Defendant VARTAN MEDICAL SYSTEMS, INC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara streeraooress 191 N. First Street MAING ADDREss: San Jose, CA 95113 CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER:Christopher Doerhoff DEFENDANT/RESPONDENT:Varian Medical Sytems, Inc. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [X}] UNLIMITED CASE (J uimirep case 19CV341394 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 9/17/19 Time: 10 AM Dept.. 8 Div.: Room: ‘Address of court (if different from the address above): [X_] Notice of Intent to Appear by Telephone, by (name): Rachel H. Leonard 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): Varian Medical Sytems, Inc. 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): b. The cross-complaint, if any, was filed on (date): 6/17/19 3. Service (io 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. L__] 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-compiaint (Describe, including causes of action): Premises liability. Cross-complaint for indemnity, breach of contract, and declaratory relief against contractor. Page 1 of 5 retusa Gounclof Catton CASE MANAGEMENT STATEMENT 5 je Cal, Rules of Cou OM-140{Rev. July 4, 2041] Lut Dus, EyCM-110 PLAINTIFF/PETITIONER: Christopher Doerhoff CASE NUMBER’ | DEFENDANT/RESPONDENT: Varian Medical Sytems, Inc. 19cV341394 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 eamings to date, and estimated future lost eamings. If equitatle relief is sought, describe the nature of the relief ) A tree fell on plaintiff£ while he was riding his bicycle near defendant's offices. Plaintiff alleges the tree was owned/controlled by defendant. Discovery is in its infancy and the full nature and extent of claimed damages are presently unknown, Brightview has recently appeared and depositions are being scheduled. L“"] (if more space is needed, check this box and alfach a page designated as Attachment 4b) 5. Jury or nonjury triat The party or parties request requesting a jury trial): ajury trial ["]} anonjury tial. (if more than one party, provide the name of each party 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 tral (specify dates and explain reasons for unavailability): Trials beginning on 11/22/19, 12/13/19, £/6/20, 2/28/20, 3/23/20, 4/17/20, 5/4/20, 8/26/20, 6/8/20, 6/26/20, 1/27/20, 8/10/20, 1/19/21, 2/26/21, 3/26/21, 4/921. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a days (specify number): 5-7 b. {"] hours (short causes) (specify): 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial {“X_]} by the attomey 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. 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 for information about the processes availabte through the court and community programs in this case. (1) For parties represented by counsel: Counsel has [__] hasnot 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. Referrat 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 judiciat 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): CMO ERe. dey 42911 CASE MANAGEMENT STATEMENT Page 208CM-110 PLAINTIFF/PETITIONER: Christopher Doerhoff DEFENDANT/RESPONDENT: Varian Medical Sytems, Inc. CASE NUMBER, 19CV341394 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 al! that apply and provide the specified information): processes (check ail that apply): | stipulation): 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 (affach a copy of the parties‘ ADR (1) Mediation Mediation session not yet scheduled ["] Mediation session scheduled for (date): {_] Agreed to complete mediation by (date): {] Mediation completed on (dafe): (2) Settlement conference (5C] Settlement conference not yet scheduled {J Settlement conference scheduled for (date): [J Agreed to complete settlement conference by (date): {] Settlement conference completed on (date): (3) Neutral evaluation fy] [] Neutrat evaluation not yet scheduled [-_] Neutrat evaluation scheduled for (date): L__} Agreed to complete neutral evaluation by (date): [=] Neutral evaluation completed on (date): (4) Nonbinding judicial CJ [=] Judicial arbitration not yet scheduled [<2] Judicial arbitration scheduled for (date): arbitration [] Agreed to complete judicial arbitration by (date): [J Judicial arbitration completed on (date): [] Private arbitration not yet scheduled {) Private arbitration scheduled for (date): (6) Binding private arbitration LJ {4} 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): Co [__] Agreed to complete ADR session by (date): [—] ADR completed on (date): OMeTFO [Rew July 4, 2013) CASE MANAGEMENT STATEMENT Page Sof 5CM-110 PLAINTIFF/PETITIONER: Christopher Doerhoff ‘CASE NUMBER: | DEFENDANT/RESPONDENT: Varian Medical Sytems, Inc. 19CV341394 11. Insurance a. [__] Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights; [__] Yes [-_] No c. L_] 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. Cy) 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. [__] Amotionio [| consolidate [| coordinate will 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 [X_] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Motions in limine prior to trial. Presently unknown as to others. 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 Defendant Deposition of plaintiff/subpoena Fall 2019 add'l providers/witness depos Defendant Depositions of treaters/experts per code c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CHAD. 2001 CASE MANAGEMENT STATEMENT aon foreCM-110 PLAINTIFF/PETITIONER: Christopher Doerhoff CASE NUMBER: | DEFENDANT/RESPONDENT: Varian Medical Sytems, Inc. 19CV341394 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): 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: 8/26/19 Rachel H. Leonard » wn. (TYPE OR PRINT NAME) rT (SIGNATURE OF PARTY OR ATTORNEY) > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [J Additional signatures are attached. OM-HO TR. Jay 3.2011 CASE MANAGEMENT STATEMENT Page 5PROOF OF SERVICE I, the undersigned, hereby declare that | am over the age of eighteen years and not a party to the within action. | am readily familiar with this firm’s business practice for collection and processing of correspondence for mailing with the U.S. Postal Service. My business address is 1321 Eighth Street, Suite 4, Berkeley, California 94710. On the date indicated below, I served the following document(s): CASE MANAGEMENT STATEMENT upon the following at the address(es) stated below: Joseph J. Babich Sean D. Wisman Dreyer Babich Buccola Wood Campora, LLP 20 Bicentennial Circle Sacramento, CA 95826 Fax: (916) 379-3599 Attorneys for Plaintiff Christopher Doerhoff Mark A. Bates Bates Winter & Associates LLP 925 Highland Pointe Drive, Suite 380 Roseville CA 95678 Fax: (916) 789-7090 Attorneys for Cross-Defendant Brightview Tree Care Services X BY MAIL by depositing true and correct copies in sealed envelopes in the United States Mail in accordance with the usual mailing practice of this firm. — BY PERSONAL SERVICE in accordance with ordinary business practices during ordinary business hours. _ BY FAX at number listed. Said copies were placed for transmission by this firm’s facsimile machine transmitting from (510) 525-5130, Berkeley, California. The record of the transmission was properly issued by the transmitting fax machine. _ BY UPS overnight delivery. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on August 27, 2019, at Berkeley, California. Ome Craw Diana Crow