Preview
18CV325365
Santa Clara — Civil
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT
USE ONLY Systert stem
TIMOTHY D. McMAHON, ESQ. SB#117024/Ben H. Stoddard, Esq, SB#306181
CORSIGLIA, McMAHON & ALLARD Electronically Filed
96 North Third Street, Suite 620 by Superior Court of CA,
San Jose, California 95112
County of Santa Clara,
terepHoneno: (408) 289-1417 FAX NO.(Optionay: (408) 289-8127
EMAIL ADDRESS (Optionay: t im@cmalaw.net on 3/12/2020 2:55 PM
ATTORNEY FOR (Name: Plaintiffs Reviewed By: System System
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Case #18CV325365
STREET ADDRESS: 191 North First Street Envelope: 4161771
MAILING ADDRESS: San Jose, California 95113
CITY AND ZIP CODE:
BRANCH NAME: Civil Division
PLAINTIFF/PETITIONER: xxxxxxxxx, Neha xxxx, Gori xxxx,
Shalu xxxx, Rakhi xxxx, Anju xxxx
DEFENDANT/RESPONDENT: City of Milpitas, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): (&) UNLIMITED CASE CQ Limitep case 18CV325365
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: April 7, 2020 Time: 10:00 a.m. Dept.: 9 Div.: Room:
Address of court (if different from the address above):
CC) Notice of intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one):
a [K) This statement is submitted by party (name): Plaintiffs
b. (-) 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): 3/23/2018
b. (2) The cross-complaint, if any, was filed on (date):
Service (to 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. (2) The following parties named in the complaint or cross-complaint
a) (2) 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) (Cy 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. () compiaint
Type of case in (J cross-complaint (Describe, including causes of action):
Personal injury Auto vs. Pedestrian accident; Premises Liability;
General Negligence; Wrongful Death; and Dangerous Condition.
Page 1 of §
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court,
Judicial Council of California CEB | Essential rules 3.730
M-110 [Rev. July 1, 2011] wnw.courts.ca.gov
xxxx, Santosh
CM-110
PLAINTIFF/PETITIONER: xxxxxxxxx, Neha xxxx, Gori xxxx, CASE NUMBER:
| Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365
DEFENDANT/RESPONDENT: city of Milpitas, 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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
On 6/5/17, Decedent Santosh xxxx was crossing the street at or about the 700 block of S. Main Street, in a
designated crosswalk and after proceeding safely and carefully into the crosswalk, she was struck by a
vehicle driven by Def. Robles-Partida. Def. Robles-Partida did not see and was unaware of Decedent's
presence in the cross-walk due to the dangerous condition of the roadway and surrounding property.
Cd (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 () a jury triat CY a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a (CC) 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): The case is not technically ready for trial within 12 months of original
Complaint filing as additional Defendants added.
Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Trials: 06/01/2020; 08/17/2020; 08/31/2020; 10/26/2020; and 01/21/2021.
Vacations: 05/28 - 06/10/20; 09/05 - 09/08/20; and 09/24 - 09/28/20
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a (CX) days (specify number): 7-10
b. (CJ hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial (X) by the attomey or party listed in the caption C) by the following:
a. Attomey:
b. Firm:
c. Address:
d Telephone number: f. Fax number:
QO E-mail address: g Party represented:
Additional representation is described in Attachment 8.
Preference
(Cd This case is entitled to preference (specify code section):
10. Alternative dispute resolution (ADR)
a AOR 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 (Cy 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 (C] has (2) has not reviewed the ADR information package identified in rule 3.221.
Referral to judicial arbitration or civil action mediation (if available).
(1) C) 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) C) 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) (CC) 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):
(CM-110 {Rev. July
1, 2011] CASE MANAGEMENT STATEMENT Page
2 of §
Ge Essential
fiForms: xxxx, Santosh
CM-110
PLAINTIFF/PETITIONER:xxxxxxxxx, Neha xxxx, Gori xxxx, CASE NUMBER:
| Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365
DEFENDANT/RESPONDENT: city of Milpitas, 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):
(X] Mediation session not yet scheduled
() Mediation session scheduled for (date):
(1) Mediation
(C) Agreed to complete mediation by (date):
() Mediation completed on (date):
(C) Settlement conference not yet scheduled
(2) Settlement (CC) Settlement conference scheduled for (date):
conference
(C) Agreed to complete settlement conference by (date):
(CC) Settlement conference completed on (date):
() Neutral evaluation not yet scheduled
(CD Neutral evaluation scheduled for (date):
(3) Neutral evaluation
() Agreed to complete neutral evaluation by (date):
(C) Neutral evaluation completed on (date):
(C) Judicial arbitration not yet scheduled
(4) Nonbinding judicial () Judicial arbitration scheduled for (date):
arbitration
(Cd Agreed to complete judicial arbitration by (date):
(C) Judicial arbitration completed on (date):
(CC) Private arbitration not yet scheduled
(5) Binding private (CC) Private arbitration scheduled for (date):
arbitration
(Cd Agreed to complete private arbitration by (date):
(CD Private arbitration completed on (date):
(VAD session not yet scheduled :
(6) Other (specify): (CV ADR session scheduled for (date):
(Cd Agreed to complete ADR session by (date):
(CQ ADR completed on (date):
(CM-110 [Rev. July
1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5
CB | Essential
cebcom | 2\Forms:
xxxx, Santosh
CM-110
PLAINTIFF/PETITIONER:xxxxxxxxx, Neha xxxx, Gori xxxx, | case numer:
| Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365
DEFENDANT/RESPONDENT: City of Milpitas, et al.
11. Insurance
a (J Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: C) Yes No
c. 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.
CQ 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:
() Additional cases are described in Attachment 13a.
b. () A motion to (CC) consolidate (CC) coordinate will be filed by (name party):
14, Bifurcation
oO 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
(2) 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. (QQ The following discovery will be completed by the date specified (describe all anticipated discovery):
Description Date
Plaintiffs Further written Discovery to Defendants TBA
Plaintiffs Depositions of all defendants and percipient witnesses. TBA
Plaintiffs Expert Discovery. Per Code.
c (CJ 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
CEB Essential
ceb.som {Forms xxxx, Santosh
CM-110
PLAINTIFF/PETITIONER: xxxxxxxxx, Neha xxxx, Gori xxxx, CASE NUMBER:
Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365
DEFENDANT/RESPONDENT: City of Milpitas, et al
17. Economic li ition
oO 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. (CC) 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
(CC) 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 altemative 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.
) Fe
Date: March 12 2020
Timothy D. McMahon Esq
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(CC) Additional signatures are attached
ae daly4, 20141 CASE MANAGEMENT STATEMENT Page
5 of §
CEB"
B'| Egor
Essential
xxxx, Santosh
xxxxxxxxx, et al. vs. City of Milpitas, et al.
Santa Clara Superior Court Case No. 18CV325365
PROOF OF SERVICE
lam a citizen of the United States. My business address is 96 North Third Street, Suite 620, San
Jose, CA 95112. Iam employed in the County of Santa Clara, where this mailing occurs. I am
over the age of 18 years, and not a party to the within cause. On the date set forth below, I
served the attached document(s) described as:
PLAINTIFFS’ CASE MANAGEMENT STATEMENT
on the following person(s) in this action by placing a true copy thereof enclosed in a sealed
envelope addressed as follows:
Attorneys for Defendant, Attorneys for Defendant,
10 LORELAY ROBLES-PARTIDA
CITY OF MILPITAS
11
Todd H. Master, Esq. Douglas A. Sears, Esq.
12 Lisa K. Rauch, Esq. LAW OFFICES OF MATHENY
HOWARD ROME MARTIN & RIDLEY SEARS LINKERT & JAIME, LLP
13 1900 O’Farrell Street, Suite 280 3638 American River Drive
San Mateo, CA 94403 Sacramento, CA 95864
14 Tel: (650) 365-7715 Tel: (916) 978-3434
Fax: (650) 364-5297 Fax: (916) 978-3430
15 Email: lrauch@hrmrlaw.com Email: dsears@mathenysears.com
16
Attorneys for Defendant, Attorneys for Defendant,
17 HMH Engineers FEHR & PEERS
18 Catherine A. Salah, Esq.
GORDON & REES David A. Ericksen. Esq.
19 SCULLY MANSUKHANI Nannette De Lara, Special Counsel
275 Battery Street, Suite 2000 Adam Polakoff, Esq.
20 SEVERSON & WERSON, APC
San Francisco, CA 94111
21 Tel: (415) 986-5900 One Embarcadero Center, Suite 2600
Fax: (415) 986-8054 San Francisco, CA 94111
22 Email: csalah@gordonrees.com Main: (415) 398-3344
Direct: (415) 677-5507
23
Email: dae@severson.com
24 Email: ndl@severson.com
Email: amp@severson.com
25
26
27
28 Mt
1
PROOF OF SERVICE
Attorneys for Defendant,
GHILOTTI CONSTRUCTION
COMPANY, INC.
Jennifer K. Stinnet, Esq.
Erin M. Stratte, Esq.
CHRISTENSEN HSU SIPES LLP
2485 Natomas Park Drive, Suite 315
Sacramento, CA 95833
Direct: 916 288 2246
Office: 916 443 6909
Email: jennifer@chs.law
Email: erins@chs.law
Email: susan@chs.law
10 x] (BY MAIL) I am readily familiar with my firm's practice for collection and processing
of correspondence for mailing with the United States Postal Service, to wit, that
11 correspondence will be deposited with the United States Postal Service this same day in
the ordinary course of business. I sealed said envelope and placed it for collection and
12 mailing on October 11, 2019March 12, 2020, following ordinary business practices.
13
{ ] (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date
14 to the offices of the addressee(s).
15
fay (BY FACSIMILE) I caused such document(s) to be delivered via facsimile this date to
16 the offices of the addressee(s).
17 {] (BY OVERNIGHT MAIL) I enclosed the documents in an envelope or package provided
by an overnight delivery carrier and addressed to the person(s) at the address(es) listed
18 above. I placed the envelope or package for collection and overnight delivery at an office]
19 or aregularly utilized drop box of the overnight delivery carrier.
20 {J (BY EMAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an
agreement of the parties to accept service by e-mail or electronic transmission, I caused
21 the documents to be sent to the persons at the following e-mail addresses [OR at the
22 e-mail addresses listed above]. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
23 unsuccessful.
24
I declare under penalty of perjury under the laws of the State of California that the foregoing is
25 true and correct. Executed on March 12, 2020 at San Jose, California.
26
27
28
2
PROOF OF SERVICE
Preview
18CV325365 Santa Clara — Civil CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Systert stem TIMOTHY D. McMAHON, ESQ. SB#117024/Ben H. Stoddard, Esq, SB#306181 CORSIGLIA, McMAHON & ALLARD Electronically Filed 96 North Third Street, Suite 620 by Superior Court of CA, San Jose, California 95112 County of Santa Clara, terepHoneno: (408) 289-1417 FAX NO.(Optionay: (408) 289-8127 EMAIL ADDRESS (Optionay: t im@cmalaw.net on 3/12/2020 2:55 PM ATTORNEY FOR (Name: Plaintiffs Reviewed By: System System SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Case #18CV325365 STREET ADDRESS: 191 North First Street Envelope: 4161771 MAILING ADDRESS: San Jose, California 95113 CITY AND ZIP CODE: BRANCH NAME: Civil Division PLAINTIFF/PETITIONER: xxxxxxxxx, Neha xxxx, Gori xxxx, Shalu xxxx, Rakhi xxxx, Anju xxxx DEFENDANT/RESPONDENT: City of Milpitas, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): (&) UNLIMITED CASE CQ Limitep case 18CV325365 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 7, 2020 Time: 10:00 a.m. Dept.: 9 Div.: Room: Address of court (if different from the address above): CC) Notice of intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a [K) This statement is submitted by party (name): Plaintiffs b. (-) 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): 3/23/2018 b. (2) The cross-complaint, if any, was filed on (date): Service (to 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. (2) The following parties named in the complaint or cross-complaint a) (2) 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) (Cy 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. () compiaint Type of case in (J cross-complaint (Describe, including causes of action): Personal injury Auto vs. Pedestrian accident; Premises Liability; General Negligence; Wrongful Death; and Dangerous Condition. Page 1 of § Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court, Judicial Council of California CEB | Essential rules 3.730 M-110 [Rev. July 1, 2011] wnw.courts.ca.gov xxxx, Santosh CM-110 PLAINTIFF/PETITIONER: xxxxxxxxx, Neha xxxx, Gori xxxx, CASE NUMBER: | Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365 DEFENDANT/RESPONDENT: city of Milpitas, 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 eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) On 6/5/17, Decedent Santosh xxxx was crossing the street at or about the 700 block of S. Main Street, in a designated crosswalk and after proceeding safely and carefully into the crosswalk, she was struck by a vehicle driven by Def. Robles-Partida. Def. Robles-Partida did not see and was unaware of Decedent's presence in the cross-walk due to the dangerous condition of the roadway and surrounding property. Cd (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 () a jury triat CY a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a (CC) 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): The case is not technically ready for trial within 12 months of original Complaint filing as additional Defendants added. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Trials: 06/01/2020; 08/17/2020; 08/31/2020; 10/26/2020; and 01/21/2021. Vacations: 05/28 - 06/10/20; 09/05 - 09/08/20; and 09/24 - 09/28/20 Estimated length of trial The party or parties estimate that the trial will take (check one): a (CX) days (specify number): 7-10 b. (CJ hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial (X) by the attomey or party listed in the caption C) by the following: a. Attomey: b. Firm: c. Address: d Telephone number: f. Fax number: QO E-mail address: g Party represented: Additional representation is described in Attachment 8. Preference (Cd This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a AOR 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 (Cy 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 (C] has (2) has not reviewed the ADR information package identified in rule 3.221. Referral to judicial arbitration or civil action mediation (if available). (1) C) 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) C) 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) (CC) 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): (CM-110 {Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of § Ge Essential fiForms: xxxx, Santosh CM-110 PLAINTIFF/PETITIONER:xxxxxxxxx, Neha xxxx, Gori xxxx, CASE NUMBER: | Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365 DEFENDANT/RESPONDENT: city of Milpitas, 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): (X] Mediation session not yet scheduled () Mediation session scheduled for (date): (1) Mediation (C) Agreed to complete mediation by (date): () Mediation completed on (date): (C) Settlement conference not yet scheduled (2) Settlement (CC) Settlement conference scheduled for (date): conference (C) Agreed to complete settlement conference by (date): (CC) Settlement conference completed on (date): () Neutral evaluation not yet scheduled (CD Neutral evaluation scheduled for (date): (3) Neutral evaluation () Agreed to complete neutral evaluation by (date): (C) Neutral evaluation completed on (date): (C) Judicial arbitration not yet scheduled (4) Nonbinding judicial () Judicial arbitration scheduled for (date): arbitration (Cd Agreed to complete judicial arbitration by (date): (C) Judicial arbitration completed on (date): (CC) Private arbitration not yet scheduled (5) Binding private (CC) Private arbitration scheduled for (date): arbitration (Cd Agreed to complete private arbitration by (date): (CD Private arbitration completed on (date): (VAD session not yet scheduled : (6) Other (specify): (CV ADR session scheduled for (date): (Cd Agreed to complete ADR session by (date): (CQ ADR completed on (date): (CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 CB | Essential cebcom | 2\Forms: xxxx, Santosh CM-110 PLAINTIFF/PETITIONER:xxxxxxxxx, Neha xxxx, Gori xxxx, | case numer: | Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365 DEFENDANT/RESPONDENT: City of Milpitas, et al. 11. Insurance a (J Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: C) Yes No c. 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. CQ 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: () Additional cases are described in Attachment 13a. b. () A motion to (CC) consolidate (CC) coordinate will be filed by (name party): 14, Bifurcation oO 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 (2) 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. (QQ The following discovery will be completed by the date specified (describe all anticipated discovery): Description Date Plaintiffs Further written Discovery to Defendants TBA Plaintiffs Depositions of all defendants and percipient witnesses. TBA Plaintiffs Expert Discovery. Per Code. c (CJ 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 CEB Essential ceb.som {Forms xxxx, Santosh CM-110 PLAINTIFF/PETITIONER: xxxxxxxxx, Neha xxxx, Gori xxxx, CASE NUMBER: Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365 DEFENDANT/RESPONDENT: City of Milpitas, et al 17. Economic li ition oO 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. (CC) 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 (CC) 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 altemative 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. ) Fe Date: March 12 2020 Timothy D. McMahon Esq (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (CC) Additional signatures are attached ae daly4, 20141 CASE MANAGEMENT STATEMENT Page 5 of § CEB" B'| Egor Essential xxxx, Santosh xxxxxxxxx, et al. vs. City of Milpitas, et al. Santa Clara Superior Court Case No. 18CV325365 PROOF OF SERVICE lam a citizen of the United States. My business address is 96 North Third Street, Suite 620, San Jose, CA 95112. Iam employed in the County of Santa Clara, where this mailing occurs. I am over the age of 18 years, and not a party to the within cause. On the date set forth below, I served the attached document(s) described as: PLAINTIFFS’ CASE MANAGEMENT STATEMENT on the following person(s) in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Attorneys for Defendant, Attorneys for Defendant, 10 LORELAY ROBLES-PARTIDA CITY OF MILPITAS 11 Todd H. Master, Esq. Douglas A. Sears, Esq. 12 Lisa K. Rauch, Esq. LAW OFFICES OF MATHENY HOWARD ROME MARTIN & RIDLEY SEARS LINKERT & JAIME, LLP 13 1900 O’Farrell Street, Suite 280 3638 American River Drive San Mateo, CA 94403 Sacramento, CA 95864 14 Tel: (650) 365-7715 Tel: (916) 978-3434 Fax: (650) 364-5297 Fax: (916) 978-3430 15 Email: lrauch@hrmrlaw.com Email: dsears@mathenysears.com 16 Attorneys for Defendant, Attorneys for Defendant, 17 HMH Engineers FEHR & PEERS 18 Catherine A. Salah, Esq. GORDON & REES David A. Ericksen. Esq. 19 SCULLY MANSUKHANI Nannette De Lara, Special Counsel 275 Battery Street, Suite 2000 Adam Polakoff, Esq. 20 SEVERSON & WERSON, APC San Francisco, CA 94111 21 Tel: (415) 986-5900 One Embarcadero Center, Suite 2600 Fax: (415) 986-8054 San Francisco, CA 94111 22 Email: csalah@gordonrees.com Main: (415) 398-3344 Direct: (415) 677-5507 23 Email: dae@severson.com 24 Email: ndl@severson.com Email: amp@severson.com 25 26 27 28 Mt 1 PROOF OF SERVICE Attorneys for Defendant, GHILOTTI CONSTRUCTION COMPANY, INC. Jennifer K. Stinnet, Esq. Erin M. Stratte, Esq. CHRISTENSEN HSU SIPES LLP 2485 Natomas Park Drive, Suite 315 Sacramento, CA 95833 Direct: 916 288 2246 Office: 916 443 6909 Email: jennifer@chs.law Email: erins@chs.law Email: susan@chs.law 10 x] (BY MAIL) I am readily familiar with my firm's practice for collection and processing of correspondence for mailing with the United States Postal Service, to wit, that 11 correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business. I sealed said envelope and placed it for collection and 12 mailing on October 11, 2019March 12, 2020, following ordinary business practices. 13 { ] (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date 14 to the offices of the addressee(s). 15 fay (BY FACSIMILE) I caused such document(s) to be delivered via facsimile this date to 16 the offices of the addressee(s). 17 {] (BY OVERNIGHT MAIL) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the person(s) at the address(es) listed 18 above. I placed the envelope or package for collection and overnight delivery at an office] 19 or aregularly utilized drop box of the overnight delivery carrier. 20 {J (BY EMAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused 21 the documents to be sent to the persons at the following e-mail addresses [OR at the 22 e-mail addresses listed above]. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 23 unsuccessful. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is 25 true and correct. Executed on March 12, 2020 at San Jose, California. 26 27 28 2 PROOF OF SERVICE