Preview
19CV346663
Santa Clara — Civil
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addross): FOR COURT USE ONLY ystenr tel
Vincent Galvin #104448 / Lauren O. Miller #279448
Bowman and Brooke LLP Electronically Filed
1741 Technology Drive, Suite 200 lby Superior Court of CA,
San Jose, CA 95110 (County of Santa Clara,
lon 4/20/2020 12:22 PM
TeLePHone No.: 408.279.5393, FAX NO. (Optional): 408.279.5845
Reviewed By: System System
E-MAIL ADDRESS (Optional): Vincent.galvin@bowmanandbrooke.com
ATTORNEY FOR (Name): Tesla, Inc.
Case #19CV346663
Envelope: 4265247
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
STREET ADDRESS: 191 N. First Street
MAILING ADDRESS: : 191 N. First Street
CITY AND ZIP CODE: San Jose, CA 95113
BRANCH NAME:
PLAINTIFF/PETITIONER: Sz Hua Huang, et al.
DEFENDANT/RESPONDENT: Tesla, Inc., et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
19CV346663
(Check one): X UNLIMITED CASE Oo 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.: 8 Div.: Room:
Address of court (if different from the address above):
Ld Notice of Intent to Appear by Telephone, by (name): Lauren O. Miller
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a {XI This statement is submitted by party (name): Tesla, Inc.
b. [1 This statement is submitted jointly by parties (names):
Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a The complaint was filed on (date):
b. [1 The cross-complaint, if any, was filed on (date):
Service (to be answered by plaintiffs and cross-complainants only)
a O al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. (1 The following parties named in the complaint or cross-complaint
(1) (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) (shave had a default entered against them (specify names):
c. Oo The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Description of case
a Type of case in [X]_ complaint (1 cross-complaint (Describe, including causes of action):
As to Tesla, Inc. plaintiffs allege product liability causes of action. As to Caltrans, plaintiffs allege dangerous
condition of public property causes of action.
Page 1 of §
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Cour,
Judicial Council of California rules 3.720-3.730,
‘CM-110 [Rev. July 1, 2011] www.courts.ca.gov
Am Le
www.Fom ‘arkFlow.com
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 date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Walter Huang was driving his 2017 Tesla Model X without paying proper attention to the road and failed to steer
the vehicle away from a damaged crash attenuator located at the end of a concrete median barrier. The front of
the Model X crashed into the crash attenuator at high speeds and Huang died in the crash. Plaintiffs allege
Caltrans failed to replace the crash attenuator after a prior crash and allege the Model X's autopilot features were
defective
Oo (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 Ka jury trial Oa nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a. (1 The trial has been set for (date):
b. EX] No trial date has been set. This case will not be ready for trial within 12 months of the date of the filing of the complaint
(if not, explain): The case will not be ready within 12 months of filing. The parties are still in the initial stages of
discovery and investigation. COVID-19 restrictions have delayed the parties investigation & discovery efforts
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Trial counsel has trials currently set for: 12/8/20, 1/25/21, 1/29/21, 2/16/21, 4/13/21 and 9/29/21.
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. EX days (specify number): 25
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 attorney or party listed in the caption CO by the following:
Attorney:
Firm:
Address:
Telephone number: f. Fax number:
E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
Preference
O 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 Khas C1 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 (1 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) (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.
@O 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) W 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):
Amount in controversy exceeds jurisdicational limits.
(CM-110 [Rev. July 1, 2011], CASE MANAGEMENT STATEMENT Page 2 of 5
American Li INet,
wu
CM-110
PLAINTIFF/PETITIONER: Sz Hua Huang, et al. ‘CASE NUMBER:
19CV346663
[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):
& Mediation session not yet scheduled
oO Mediation session scheduled for (date):
(1) Mediation
oO Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
(2) Settlement
conference
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 Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date).
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration
Agreed to complete private arbitration by (date).
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
(CM-110 (Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 3 of 5
Am Le
CM-110
i PLAINTIFF/PETITIONER: Sz Hua Huang, et al. CASE NUMBER:
19CV346663
IEFENDANT/RESPONDENT: Tesla, Inc., et al.
ite Insurance
a O Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: O Yes 0 No
«. O 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.
(1 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:
(1 Additional cases are described in Attachment 13a.
b. 0 Amotion to i] consolidate fe) coordinate will be filed by (name party):
14, Bifurcation
1 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
KI The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Pre-trial motions.
16. Discovery
a CO The party or parties have completed all discovery.
b K The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Descriptio Date
Tesla, Inc. Written discovery Fall 2021
Deposition of plaintiff Fall 2021
Depositions of percipient witnesses Fall 2021
Vehicle inspection Fall 2021
Expert depositions Per CCP
c. (1 The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5
‘an alNet, Inc
‘orms Workl 1
CM-110
PLAINTIFF/PETITIONER: Sz Hua Huang, et al. ‘CASE NUMBER:
19CV346663
DEFENDANT/RESPONDENT: Tesla, Inc., et al.
17. Economic litigation
a 1 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. (1 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
EJ The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): The case is not at issue. The State of California has not appeared or been dismissed from
the case. Additionally, discovery is only just beginning, and Tesla agrees with Plaintiffs request to continue the
CMC at least 150 days.
19. Meet and confer
a CO 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: April 17, 2020 \
Lauren O. Miller fe h—_—
(TYPE OR PRINT NAME) (sional jie OFBARTY OF ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
0 Additional signatures are attached.
(CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5
Amer n Leg:
www ms W.
Sz Hua Huang, et al. v. Tesla, Inc., et al.
Case No. 19CV346663
PROOF OF SERVICE
lam over 18 years of age, not a party to this action and employed in San Jose, California at
1741 Technology Drive, Suite 200, San Jose, California 95110-1355.
On the date indicated below, | served the foregoing documents described as
DEFENDANT TESLA INC.’S CASE MANAGEMENT CONFERENCE STATEMENT on all
interested parties, or through their attorneys of record, in the manner noted, addressed as
follows:
Attorneys for Plaintiffs
B. Mark Fong
Seema Bhatt
10 Minami Tamaki LLP
360 Post Street, 8" Floor
11 San Francisco, CA 94108-4903
mfong@minamitamaki.com
12 sbhatt@minamitamaki.com
Erica Sullivan: ESullivan@MinamiTamaki.com
13 Elise Everett: EEverett@MinamiTamaki.com
14 Michael A. Kelly
Doris Cheng
15 Andrew P. McDevitt
Walkup, Melodia, Kelly & Schoenberger
16 650 California Street, 26" Floor
San Francisco, CA 94108
17 mkelly@walkuplawoffice.com
dcheng@walkuplawoffice.com
18 amcdevitt@walkuplawoffice.com
Ashley Freeman afreeman@walkuplawoffice.com
19 Josephine Zumot jzumot@walkuplawoffice.com
Marlena White mwhite@walkuplawoffice.com
20
21 Attorneys for State of California
Landa Low
22 California Dept of Transportation-Legal Div.
P.O. Box 24325
23 Oakland, CA 94623-1325
Landa.low@dot.ca.go'
24 Alan Steinberg: alan.steinberg@dot.ca.go
Rosemary Love: rosemary.love@dot.ca.go'
25 Maria Cordonero: maria.cordonero@dot.ca.go'
Chantell Bailey: chantell.bailey@dotca.gov
26 Pinky Ng: pinky.ng@dot.ca.go'
27 VIA FIRST CLASS MAIL. | caused such envelope to be deposited in the mail at San Jose,
California, in a sealed envelope with postage fully prepaid thereof. | am readily familiar with the firms
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21025562
business practice for collection and processing of correspondence for mailing with the United States
Postal Service. The mail is deposited with the U.S. Postal Service on that same day in the ordinary
course of business. | am aware that on motion of the party served, service is presumed invalid if the
postal cancellation date or postage meter date is more than one day after the date of deposit for
mailing in affidavit.
VIA OVERNIGHT DELIVERY SERVICE. The documents were enveloped, properly
labeled, and caused to be deposited into an overnight delivery (Federal Express, United Parcel
Service, etc.) receptacle or delivered to an authorized courier or driver authorized by the express
service carrier to receive documents, in an envelope or a package designated by the express service
carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at
the office address as last given by that person on any document filed in the case and served on that
person; otherwise, at that person's place of residence.
X BY ELECTRONIC SERVICE. The document was served electronically and the transmission
was reported as complete and without error.
__ VIA FACSIMILE TRANSMISSION. The document was served on the above party in this
10 action by causing a true copy of said document to be transmitted by facsimile to the number listed
adjacent to the name on this Proof of Service. The transmission was reported as complete and
11 without error.
12 VIA PERSONAL SERVICE. | caused such envelope(s) to be delivered by hand this date to the
offices of the addressee(s).
13
| declare under penalty of perjury under the laws of the State of California that the foregoing is
14 true and correct, and that this declaration was executed on April 17, 2020, at San Jose, California.
15
16 Rebecca A. Fuller
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Preview
19CV346663 Santa Clara — Civil CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addross): FOR COURT USE ONLY ystenr tel Vincent Galvin #104448 / Lauren O. Miller #279448 Bowman and Brooke LLP Electronically Filed 1741 Technology Drive, Suite 200 lby Superior Court of CA, San Jose, CA 95110 (County of Santa Clara, lon 4/20/2020 12:22 PM TeLePHone No.: 408.279.5393, FAX NO. (Optional): 408.279.5845 Reviewed By: System System E-MAIL ADDRESS (Optional): Vincent.galvin@bowmanandbrooke.com ATTORNEY FOR (Name): Tesla, Inc. Case #19CV346663 Envelope: 4265247 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS: : 191 N. First Street CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: Sz Hua Huang, et al. DEFENDANT/RESPONDENT: Tesla, Inc., et al. CASE MANAGEMENT STATEMENT CASE NUMBER: 19CV346663 (Check one): X UNLIMITED CASE Oo 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.: 8 Div.: Room: Address of court (if different from the address above): Ld Notice of Intent to Appear by Telephone, by (name): Lauren O. Miller INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a {XI This statement is submitted by party (name): Tesla, Inc. b. [1 This statement is submitted jointly by parties (names): Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only) a The complaint was filed on (date): b. [1 The cross-complaint, if any, was filed on (date): Service (to be answered by plaintiffs and cross-complainants only) a O al parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. (1 The following parties named in the complaint or cross-complaint (1) (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) (shave had a default entered against them (specify names): c. Oo The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): Description of case a Type of case in [X]_ complaint (1 cross-complaint (Describe, including causes of action): As to Tesla, Inc. plaintiffs allege product liability causes of action. As to Caltrans, plaintiffs allege dangerous condition of public property causes of action. Page 1 of § Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Cour, Judicial Council of California rules 3.720-3.730, ‘CM-110 [Rev. July 1, 2011] www.courts.ca.gov Am Le www.Fom ‘arkFlow.com 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 date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Walter Huang was driving his 2017 Tesla Model X without paying proper attention to the road and failed to steer the vehicle away from a damaged crash attenuator located at the end of a concrete median barrier. The front of the Model X crashed into the crash attenuator at high speeds and Huang died in the crash. Plaintiffs allege Caltrans failed to replace the crash attenuator after a prior crash and allege the Model X's autopilot features were defective Oo (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 Ka jury trial Oa nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. (1 The trial has been set for (date): b. EX] No trial date has been set. This case will not be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): The case will not be ready within 12 months of filing. The parties are still in the initial stages of discovery and investigation. COVID-19 restrictions have delayed the parties investigation & discovery efforts c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Trial counsel has trials currently set for: 12/8/20, 1/25/21, 1/29/21, 2/16/21, 4/13/21 and 9/29/21. Estimated length of trial The party or parties estimate that the trial will take (check one): a. EX days (specify number): 25 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 attorney or party listed in the caption CO by the following: Attorney: Firm: Address: Telephone number: f. Fax number: E-mail address: g. Party represented: Additional representation is described in Attachment 8. Preference O 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 Khas C1 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 (1 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) (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. @O 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) W 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): Amount in controversy exceeds jurisdicational limits. (CM-110 [Rev. July 1, 2011], CASE MANAGEMENT STATEMENT Page 2 of 5 American Li INet, wu CM-110 PLAINTIFF/PETITIONER: Sz Hua Huang, et al. ‘CASE NUMBER: 19CV346663 [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): & Mediation session not yet scheduled oO Mediation session scheduled for (date): (1) Mediation oO Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement conference 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 Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date). Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date). Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (CM-110 (Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 3 of 5 Am Le CM-110 i PLAINTIFF/PETITIONER: Sz Hua Huang, et al. CASE NUMBER: 19CV346663 IEFENDANT/RESPONDENT: Tesla, Inc., et al. ite Insurance a O Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: O Yes 0 No «. O 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. (1 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: (1 Additional cases are described in Attachment 13a. b. 0 Amotion to i] consolidate fe) coordinate will be filed by (name party): 14, Bifurcation 1 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 KI The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Pre-trial motions. 16. Discovery a CO The party or parties have completed all discovery. b K The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptio Date Tesla, Inc. Written discovery Fall 2021 Deposition of plaintiff Fall 2021 Depositions of percipient witnesses Fall 2021 Vehicle inspection Fall 2021 Expert depositions Per CCP c. (1 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 ‘an alNet, Inc ‘orms Workl 1 CM-110 PLAINTIFF/PETITIONER: Sz Hua Huang, et al. ‘CASE NUMBER: 19CV346663 DEFENDANT/RESPONDENT: Tesla, Inc., et al. 17. Economic litigation a 1 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. (1 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 EJ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The case is not at issue. The State of California has not appeared or been dismissed from the case. Additionally, discovery is only just beginning, and Tesla agrees with Plaintiffs request to continue the CMC at least 150 days. 19. Meet and confer a CO 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: April 17, 2020 \ Lauren O. Miller fe h—_— (TYPE OR PRINT NAME) (sional jie OFBARTY OF ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) 0 Additional signatures are attached. (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of 5 Amer n Leg: www ms W. Sz Hua Huang, et al. v. Tesla, Inc., et al. Case No. 19CV346663 PROOF OF SERVICE lam over 18 years of age, not a party to this action and employed in San Jose, California at 1741 Technology Drive, Suite 200, San Jose, California 95110-1355. On the date indicated below, | served the foregoing documents described as DEFENDANT TESLA INC.’S CASE MANAGEMENT CONFERENCE STATEMENT on all interested parties, or through their attorneys of record, in the manner noted, addressed as follows: Attorneys for Plaintiffs B. Mark Fong Seema Bhatt 10 Minami Tamaki LLP 360 Post Street, 8" Floor 11 San Francisco, CA 94108-4903 mfong@minamitamaki.com 12 sbhatt@minamitamaki.com Erica Sullivan: ESullivan@MinamiTamaki.com 13 Elise Everett: EEverett@MinamiTamaki.com 14 Michael A. Kelly Doris Cheng 15 Andrew P. McDevitt Walkup, Melodia, Kelly & Schoenberger 16 650 California Street, 26" Floor San Francisco, CA 94108 17 mkelly@walkuplawoffice.com dcheng@walkuplawoffice.com 18 amcdevitt@walkuplawoffice.com Ashley Freeman afreeman@walkuplawoffice.com 19 Josephine Zumot jzumot@walkuplawoffice.com Marlena White mwhite@walkuplawoffice.com 20 21 Attorneys for State of California Landa Low 22 California Dept of Transportation-Legal Div. P.O. Box 24325 23 Oakland, CA 94623-1325 Landa.low@dot.ca.go' 24 Alan Steinberg: alan.steinberg@dot.ca.go Rosemary Love: rosemary.love@dot.ca.go' 25 Maria Cordonero: maria.cordonero@dot.ca.go' Chantell Bailey: chantell.bailey@dotca.gov 26 Pinky Ng: pinky.ng@dot.ca.go' 27 VIA FIRST CLASS MAIL. | caused such envelope to be deposited in the mail at San Jose, California, in a sealed envelope with postage fully prepaid thereof. | am readily familiar with the firms 28 4 21025562 business practice for collection and processing of correspondence for mailing with the United States Postal Service. The mail is deposited with the U.S. Postal Service on that same day in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. VIA OVERNIGHT DELIVERY SERVICE. The documents were enveloped, properly labeled, and caused to be deposited into an overnight delivery (Federal Express, United Parcel Service, etc.) receptacle or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or a package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the case and served on that person; otherwise, at that person's place of residence. X BY ELECTRONIC SERVICE. The document was served electronically and the transmission was reported as complete and without error. __ VIA FACSIMILE TRANSMISSION. The document was served on the above party in this 10 action by causing a true copy of said document to be transmitted by facsimile to the number listed adjacent to the name on this Proof of Service. The transmission was reported as complete and 11 without error. 12 VIA PERSONAL SERVICE. | caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). 13 | declare under penalty of perjury under the laws of the State of California that the foregoing is 14 true and correct, and that this declaration was executed on April 17, 2020, at San Jose, California. 15 16 Rebecca A. Fuller 17 18 19 20 21 22 23 24 25 26 27 28 21025562