Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Nama, Stafe Bar number, and address): FOR COURT USE ONLY
Rachel H. Leonard - 242325
Tate & Associates
1321 Bighth Street, Suite 4
Berkeley, CA 94710
TetepHone No. (510) 525-5100 — FAXNO. (Optionay (510) 525-5130
E-MAIL ADDRESS (Optionay)
ATTORNEY £OR (Name: Defendant VARIAN MEDICAL SYSTEMS, INC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
streerappress. 191 N. First Street
waiincavpress: 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 CU] umiteD case 19CV341394
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) ‘or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: July 16, 2019 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. [X] 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. [2] The cross-complaint, if any, was filed on (date):
3. Service (fo be answered by plaintiffs and cross-complainants only)
a. ({__] Allparties 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): Brightview Tree Care Services.
Cross-complaint has been submitted to court but not yet filed.
(2) [1] 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):
Premises liability. Cross-complaint for indemnity, breach of contract, and
declaratory relief against contractor.
Pago 1 of §
Fore ior Mera ee CASE MANAGEMENT STATEMENT soliffies ase 31908788
CM-110 (Rev, July 1, 2011]CM-110
PLAINTIFF/PETITIONER: Christopher Doerhoff ‘CASE NUMBER:
| DEFENDANT/RESPONDENT: Varian Medical Sytems, Inc. 19¢V341394
4, b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date findicate source and amount}, estimated future medical expenses, lost
eamings to date, and estimated future lost eamings. if equitable 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. Varian is filing a cross-
complaint against landscape/tree care contractor,
{_"] (f more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
[3] ajury trial [] a nonjury trial. (if more than one party, provide the name of each party
The party or parties request
requesting a jury trial):
6. Trial date
a. [__]| The trial has been set for (date):
b. [EX] No trial date has been set. This case will be ready for tial 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):
Trials beginning on 9/6/19, 9/23/19, 10/28/19, 11/22/19, 12/6/19, 12/13/19,
1/6/20, 2/14/20, 2/28/20, 3/23/20, 4/17/20, 5/4/20, 5/26/20, 6/8/20 and
7/27/20, 1/19/21, 2/26/21. Unavailable in 16/1/19-10/9/19 due to vacation.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
[EX] 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
by the attorney or party listed in the caption {__} by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
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 available 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. Referral to judicial arbitration or civil action mediation (if available).
(4) [--] 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):
rte110 (Rev. July 1, 2044) CASE MANAGEMENT STATEMENT Page 2 of §CM-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 all 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 (attach a copy of the parties' ADR
(1) Mediation
[32] Mediation session not yet scheduled
[£7] Mediation session scheduled for (date):
[
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Nama, Stafe Bar number, and address): FOR COURT USE ONLY Rachel H. Leonard - 242325 Tate & Associates 1321 Bighth Street, Suite 4 Berkeley, CA 94710 TetepHone No. (510) 525-5100 — FAXNO. (Optionay (510) 525-5130 E-MAIL ADDRESS (Optionay) ATTORNEY £OR (Name: Defendant VARIAN MEDICAL SYSTEMS, INC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara streerappress. 191 N. First Street waiincavpress: 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 CU] umiteD case 19CV341394 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) ‘or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 16, 2019 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. [X] 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. [2] The cross-complaint, if any, was filed on (date): 3. Service (fo be answered by plaintiffs and cross-complainants only) a. ({__] Allparties 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): Brightview Tree Care Services. Cross-complaint has been submitted to court but not yet filed. (2) [1] 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): Premises liability. Cross-complaint for indemnity, breach of contract, and declaratory relief against contractor. Pago 1 of § Fore ior Mera ee CASE MANAGEMENT STATEMENT soliffies ase 31908788 CM-110 (Rev, July 1, 2011]CM-110 PLAINTIFF/PETITIONER: Christopher Doerhoff ‘CASE NUMBER: | DEFENDANT/RESPONDENT: Varian Medical Sytems, Inc. 19¢V341394 4, b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date findicate source and amount}, estimated future medical expenses, lost eamings to date, and estimated future lost eamings. if equitable 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. Varian is filing a cross- complaint against landscape/tree care contractor, {_"] (f more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial [3] ajury trial [] a nonjury trial. (if more than one party, provide the name of each party The party or parties request requesting a jury trial): 6. Trial date a. [__]| The trial has been set for (date): b. [EX] No trial date has been set. This case will be ready for tial 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): Trials beginning on 9/6/19, 9/23/19, 10/28/19, 11/22/19, 12/6/19, 12/13/19, 1/6/20, 2/14/20, 2/28/20, 3/23/20, 4/17/20, 5/4/20, 5/26/20, 6/8/20 and 7/27/20, 1/19/21, 2/26/21. Unavailable in 16/1/19-10/9/19 due to vacation. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): [EX] 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 by the attorney or party listed in the caption {__} by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: 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 available 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. Referral to judicial arbitration or civil action mediation (if available). (4) [--] 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): rte110 (Rev. July 1, 2044) CASE MANAGEMENT STATEMENT Page 2 of §CM-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 all 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 (attach a copy of the parties' ADR (1) Mediation [32] Mediation session not yet scheduled [£7] Mediation session scheduled for (date): [