Preview
CM-110
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State
Bar number, and eddress) FOR COURT
USE ONLY
Landa Low, SBN 125121
California Dept of Transportation - Legal Division
PO Box 24325
(Oakland, CA 94623-1325
TELEPHONE NO. (510) 433-9100 FAXNO, (Ontina): (610) 433-9167
E-MAIL ADDRESS (Optiona), landa.low@dot.ca.gov
ATTORNEY FOR (Name) Def California Dept of Transportation (Caltrans)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS. 191 North First Street
MAILING ADDRESS.
lcrry anD zip cove San Jose, CA 95113
BRANCH NAME Downtown Superior Court
PLAINTIFF/PETITIONER; Sz Hua Huang, et al,
DEFENDANT/RESPONDENT, Tesla Ine, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER
19CV346663
(Check one): (22) UNLIMITED CASE (LiMiTED CASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
|A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: May 5, 2020 Time: 10:00 am Dept.: & Div. Room:
[Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Landa Low
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a. [<] This statement is submitted by party (name): Defendant State of California, Dept of Transportation (Caltrans)
b. [] This statement is submitted jointly by parties (names):
Complaint and cress-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):
Service (fo 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. [_] 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. [J The following additional parties may be added (specify names, nature of involvementin case, and date by which
they may be served):
4. Description of case
a. Type ofcase in [3] complaint [1 cross-complaint (Describe, including causes of action):
Wrongful death - aut products liability as to Testa; dangerous condition of public property as to Caltrans
Page 1 ofS
Form Adopted for MandatoryUse Cal Rules of Court
Judicial Council of Calfomia CASE MANAGEMENT STATEMENT rules 3720-3730
(CM-110 [Rev July 1, 2044) whew courls.ca.gov
CM-110
PLAINTIFF/PETITIONER: Sz Hua Huang, et al. CASE NUMBER:
19CV346663
DEFENDANT/RESPONDENT: Tesla Inc, et al.
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 dale {indicate source and amount], estimated future medical expenses, lost
eamings fo date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
Plaintiffs’ decedent Walter Huang was driving his Tesla in Autopilot mode southbound on US-101 at the interchange with s/o
Stale Route 85 when the vehicle steered itself into the gore area, and due to the driver's inattention and distraction with a video
game app on his cell phone, and failure to control the speed and direction of his vehicle, the Tesla struck a crash cushion at
high speed resulting in fatal injuries to the driver.
[1 (ifmore space is needed, check this box and attach a page designated as Attachment 4b.)
Jury or nonjury trial
a. The party or parties request [x] a jury trial () 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. [0¢] 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):
The case presents complex questions of fact and extensive discovery is anticipated.
c, Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Trial dates in 2020 are in flux due to the coronavirus emergency health orders, Unavailable dates in 2021 are: 1/25/21-2/26/21
(wwial} and 3/22/21-4/23/21 (trial)
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [oc] days {specify number): 25-30 court days
b. [J hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial (2) by the attomey or party listed in the caption ([) by the following:
a. Attomey:
b. Firm:
C. Address:
d. Telephone number; f, Fax number.
&. E-mail address: g. Party represented:
[1 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 [J 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 [_] has [_] has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) J This matter is subject to mandatory judicial arbitration under Cade 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) [Ge] This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev July 4, 2015] Page 20fS
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Sz Hua Huang, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Tesla Inc, et al.
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):
|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
processes (check all that apply): stipulation):
[Ge] Mediation session not yet scheduled
{J Mediation session scheduled for (date):
(1) Mediation Ca [) Agreed to complete mediation by (date):
[] Mediation completed on (date):
(<] Settiement conference not yet scheduled
(2) Settlement
[[) Settlement conference scheduled for (date):
conference [1 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
(4) Nonbinding judicial
[J Judicial arbitration scheduled for (date):
arbitration [1 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 [1 Agreed to complete private arbitration by (date):
[] Private arbitration completed on (date):
[1 ADR session not yet scheduled
[1 ADR session scheduled for (date):
(6) Other (specify): [1] Agreed to complete ADR session by (date):
[1 ADR completed on (date):
(CM-110 fRev July 1, 20511 Page
3 of §
GASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: Sz Hua Huang, et al. CASE NUMBER,
19CV346663
DEFENDANT/RESPONDENT: Tesla Inc, et al.
11. Insurance
a. (__] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: [—_] Yes (No
c. [] 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. [(_] 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. [—] A motionto [] consolidate () coordinate will be filed by (ame 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 reasans):
15, Other motions
[1] 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.
b. [GC] The following discovery will be completed by the date specified (describe alt anticipated discovery):
Party Deseription Date
Defendant Caltrans written discovery October 2020
Defendant Caltrans depositions of parties and witnesses January 2021
Defendant Caltrans vehicle inspection October 2020
c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
EM-410 {Rev July 1, 2011] Page
4 of 5
CASE MANAGEMENT STATEMENT
CM-170
PLAINTIFF/PETITIONER: Sz Hua Huang, etal. CASE NUMBER.
19CV346663
DEFENDANT/RESPONDENT: Tesla Inc, et al.
17, Economic litigation
a. [_] This is a limited civil case (ie., 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 mation 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
[<1] The party or parties request that the following additional matters be considered or determined at the case management
conference a
The State of ‘Calfomia, acting by and through the Department of Transportation (Caltrans) has appeared and answered the
complaint, so the pleadings are settled. However, plaintiffs have threatened to request entry of default against the State of
California. This is highly irregular.
19. Meet and confer
a. [Ge] 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):
lam 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
fut
the case management conference, including the written authority of the party where required.
Date: April 16, 2020
Landa Low > YY (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
(TYPE OR PRINT NAME)
> {SIGNATURE OF PARTY OR ATTORNEY)
([) Additional signatures are attached.
CM-110 [Rev. July 1, 2017] Page
5 of 5
CASE MANAGEMENT STATEMENT
Case Name: Sz Hua Huang v. Tesla, Inc.; California Department of Transportation
Case Number: Santa Clara County Superior Court No. 19CV346663
PROOF OF ELECTRONIC SERVICE
Iam employed in the City of Oakland, State of California. I am over the age of 18 years and
not a party to the within action, My business address is 111 Grand Avenue, Oakland, California
94612; MAIL: P.O. BOX 24325, Oakland, CA 94623-1325, On the date set forth below, I served a
true copy of the following document(s):
DEFENDANT CALTRANS’ RESPONSES TO PLAINTIFFS’ FORM
INTERROGATORIES (SET ONE); VERIFICATION
on the interested party to said action by the following means:
[XX] (BY ELECTRONIC-MAIL ONLY) by attaching a copy of the document(s) in PDF
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bsapulaton:
We bad oop
format sent from francia. uino@dot.ca.gov to the email addresses of the parties listed
below, pursuant to stipulation. No copies will follow.
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12 COUNSEL OF RECORD EMAIL ADDRESSES
13 B. Mark Fong mfong@minamitamaki.com
Seema Bhatt sbhatt@minamitamaki.com
14 MINAMI TAMAKI LLP
esullivan@minamitamaki.com
Attorneys for Plaintiffs everett@minamitamaki.com
15
Sz Hua Huang, et al.
16 Michael A. Kelly mkelly@walkuplawoffice.com
Doris Cheng dchen; walkuplawoffice.com
17 Andrew P. McDevitt
amcdevitt@walkuplawoffice.com
WALKUP, MELODIA, KELLY &
SCHEOENBERGER afreeman@walkuplawoffice.com
18 jzumot@walkuplawoffice.com
19 Attorneys for Plaintiffs mwhite@walkuplawoffice.com
Sz Hua Huang, et al.
20 Vincent Galvin incent.galvin@bowmanandbrooke.com
Lauren O. Miller lauren.miller@bowmanandbrooke.com
21 BOWMAN & BROOKE LLP
rebecca. fuller@bowmanandbrooke.com
Attorneys for Defendant TESLA, Ine. letty.robles@bowmanandbrooke.com
22
debra.wells@bowmanandbrooke.com
23
With cc to: landa.low@dot.ca.gov
24 lan.steinber; dot.ca.gov
Landa Low rosemary.love@dot.ca.gov
25 Alan Steinberg
CALIFORNIA DEPT OF maria.cordonero@dot.ca.gov
TRANSPORTATION — LEGAL DIVISION chantell.bailey@dot.ca.go
26
27 Attorney for Defendant
California Dept. of Transportation
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PROOF OF ELECTRONIC SERVICE
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on April 17, 2020 at Daly City, California.
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PROOF OF ELECTRONIC SERVICE