Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TIMOTHY D. McMAHON, ESQ. 117024/Ben H. Stoddard, Esq, SB#306181
CORSIGLIA, McMAHON
ALLARD &
96 North Third Street, Suite 620
San Jose, California 95112
TELEPHONE NO: (408) 289-1417 FAXNO/Optiona): (408) 289-8127
EMAIL ADDRESS (Option): Cim@cmalaw.net
ATTORNEY FOR (Name: Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 North First Street
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 (2) 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 23, 2019 Time: 10:00 a.m. Dept.: 9 Div.: Room:
Address of court (if different from the address above):
C2) 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. (J This statement is submitted by party (name): Plaintiffs
b. (2) 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. CD The cross-complaint, if any, was filed on (date):
Service (fo be answered by plaintiffs and cross-complainants only)
a (2) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [XQ The following parties named in the complaint or cross-complaint
(1) (CD 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):
Defendants HMH Engineers; Fehr & Peers and Ghilotti Construction Company, Inc.
(3) (2) have had a default entered against them (specify names):
c. (C) The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
i
Description of case
a Type of case in CQ) complaint (2) cross-complaint (Describe, including causes of action):
Personal injury Auto vs. Pedestrian accident; Premises Liability;
General Negligence; Dangerous Condition.
Page1 of§
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court,
Judicial Council of Cali ia
‘CM-110 (Rev. July 1, 2011} CEB Essential
\Forms- www.
ules 3,720-3.730
.08.g0v
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 fo date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost earnings. 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 arefully 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 and condition of the roadway, surrounding property,
(CC) (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 (XJ) a jury trial CD anonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
Trial date
a CD The trial has been set for (date):
b. [&) No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
6/10/19; 10/15/19; 3/30/20.
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a [X) days (specify number): 7-10
b. (CQ hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial CC) by the attorney or party listed in the caption (2D by the following:
a. Attorney:
b Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g Party represented:
a Additional representation is described in Attachment 8.
Preference
(CJ 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 Cy has (2 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 (2) has not reviewed the ADR information package identified in rule 3.221
Referral to judicial arbitration or civil action mediation (if available).
(1) C2) 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) (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 isexempt 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 5
Ca Essential
cebaom | f2]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.
i
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
lave 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 (aftach a copy of the parties' ADR
processes (check all that apply). stipulation):
(Q] Mediation session not yet scheduled
() Mediation session scheduled for (date):
(1) Mediation
(2) Agreed to complete mediation by (date):
() Mediation completed on (date):
([) Settlement conference not yet scheduled
(2) Settlement (2) Settlement conference scheduled for (date):
conference
(2) Agreed to complete settlement conference by (date):
(2) Settlement conference completed on (date):
(2 Neutral evaluation not yet scheduled
(2) Neutral evaluation scheduled for (date):
(3) Neutral evaluation
(2) Agreed to complete neutral evaluation by (date):
(C) Neutral evatuation completed on (date):
(CC) Judicial arbitration not yet scheduled
(4) Nonbinding judicial (2) Judicial arbitration scheduled for (date):
arbitration
() Agreed to complete judicial arbitration by (date):
(2) Judicial arbitration completed on (date):
(2) Private arbitration not yet scheduled
(5) Binding private (2) Private arbitration scheduled for (date):
arbitration
(2) Agreed to complete private arbitration by (date):
(2) Private arbitration completed on (date):
CV ADR session not yet scheduled
(6) Other (specify): (OJ ADR session scheduled for (date):
(2) Agreed to complete ADR session by (date):
[CC] ADR completed on (date):
CM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page
3 of 5
Essential
CEB | ESfoms!
xxxx, Santosh
CM-110
PLAINTIFF/PETITIONER:xxxxxxxxx, Neha xxxx, Gori xxxx, | case numeer:
[~Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365
DEFENDANT/RESPONDENT: City of Milpitas, et al.
11. Insurance
a {(C) Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Cl] Yes No
c. CD 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 () Other (specify):
Status: i
13. Related cases, consolidation, and coordination
a {2} There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
(2) Additional cases are described in Attachment 13a.
b. (CQ A motion to () consolidate CC) coordinate will be filed by (name party):
14. Bifurcation :
(2) 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):
t
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 (XQ) The party or parties have completed all discovery.
b. [XQ The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs Further written Discovery to Defendants TBA
Plaintiffs Depositions of all defendants and percipient witnesses. TBA
Plaintiffs Expert Discovery. Per Code.
c. (2) 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
CGB Essential
ceb.com {2\Forms” xxxx, Santosh
CM-110
PLAINTIFF/PETITIONER: Rok xxxx, Neha xxxx, Gori xxxx, CASE NUMBER:
| Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365
DEFENDANT/RESPONDENT: City of Milpitas, et al.
17. Economic litigation
a. (CC) 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. (2) 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
(QJ The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): Defendants Engineers;HMHFehr & Peers and Ghilotti
Construction Inc. were served with plaintiffs'
Company,
complaint on 3/20/19. Plaintiffs request a 60 day
continuance of the CMC to allow all parties to appear in
this matter.
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): All parties have not yet appeared in this matter.
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
i)
the case management conference, including the written authority of the party where required.
Date: April 9, 2019
Ben H Stoddard Esq.
(TYPE OR PRINT NAME)
Doss (SIGNATURE OF PARTY OR ATTORNEY)
»
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
CC) Additional signatures are attached.
CM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page
5 of 5
CEB Essential
cebcom {}Forms-
xxxx, Santosh
xxxxxxxxx, et al. vs. City of Milpitas, et al.
Santa Clara Superior Court Case No. 18CV325365
PROOF OF SERVICE
Tam a citizen of the United States. My business address is 96 North Third Street,
Suite 620, San Jose, CA 95112. I am 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:
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:
10
11 Attorneys for Defendant Attorneys for Defendant,
CITY OF MILPITAS LORELAY ROBLES-PARTIDA
12
Todd H. Master, Esq. Douglas A. Sears, Esq.
13 Lisa K. Rauch, Esq. LAW OFFICES OF MATHENY
HOWARD ROME MARTIN & RIDLEY SEARS LINKERT & JAIME, LLP
14 1900 O’Farrell Street, Suite 280 3638 American River Drive
San Mateo, CA 94403 Sacramento, CA 95864
15 Tel: (650) 365-7715 Tel: (916) 978-3434
Fax: (650) 364-5297 Fax: (916) 978-3430
16 Email: lrauch@hrmrlaw.com Email: dsears@mathenysears.com
17
Attorneys for HMH Engineer: COURTESY COPY:
18
Catherine A. Salah, Esq.
19 GORDON & REES Attorneys for Defendant, Fehr & Peer:
20
SCULLY MANSUKHANI
275 Battery Street, Suite 2000 Nannette De Lara
21 San Francisco, CA 94111 Special Counsel
Tel: (415) 986-5900 SEVERSON & WERSON, APC
22 Fax: (415) 986-8054
Email: csalah@gordonrees.com One Embarcadero Center, Suite 2600
23 San Francisco, CA 94111
Main: (415) 398-3344
24 Direct: (415) 677-5507
25 Email: ndl@severson.com
26 Xx] (BY MAIL) I am readily familiar with my firm's practice for collection and
processing of correspondence for mailing with the United States Postal
27 Service, to wit, that correspondence will be deposited with the United States
28 Postal Service this same day in the ordinary course of business. I sealed said
1
PROOF OF SERVICE
envelope and placed it for collection and mailing on April 10, 2019, following
ordinary business practices.
{] (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by
hand this date to the offices of the addressee(s).
{] (BY FACSIMILE) I caused such document(s) to be delivered via facsimile this
date to the offices of the addressee(s).
[ ] (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 above. I placed the envelope or package for collection
and overnight delivery at an office or a regularly utilized drop box of the
overnight delivery carrier.
10
[] (BY EMAIL OR ELECTRONIC TRANSMISSION) Based on a court order or
11 an agreement of the parties to accept service by e-mail or electronic
transmission, I caused the documents to be sent to the persons at the
12 following e-mail addresses [OR at the e-mail addresses listed above]. I did
13 not receive, within a reasonable time after the transmission, any electronic
message or other indication that the transmission was unsuccessful.
14
I declare under penalty of perjury under the laws of the State of California that the
15
foregoing is true and correct. Executed on April 10, 2019 at San Jose, California.
16
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18 LAAN Co
A
pyra
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PROOF OF SERVICE
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TIMOTHY D. McMAHON, ESQ. 117024/Ben H. Stoddard, Esq, SB#306181 CORSIGLIA, McMAHON ALLARD & 96 North Third Street, Suite 620 San Jose, California 95112 TELEPHONE NO: (408) 289-1417 FAXNO/Optiona): (408) 289-8127 EMAIL ADDRESS (Option): Cim@cmalaw.net ATTORNEY FOR (Name: Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street 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 (2) 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 23, 2019 Time: 10:00 a.m. Dept.: 9 Div.: Room: Address of court (if different from the address above): C2) 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. (J This statement is submitted by party (name): Plaintiffs b. (2) 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. CD The cross-complaint, if any, was filed on (date): Service (fo be answered by plaintiffs and cross-complainants only) a (2) All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [XQ The following parties named in the complaint or cross-complaint (1) (CD 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): Defendants HMH Engineers; Fehr & Peers and Ghilotti Construction Company, Inc. (3) (2) have had a default entered against them (specify names): c. (C) The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): i Description of case a Type of case in CQ) complaint (2) cross-complaint (Describe, including causes of action): Personal injury Auto vs. Pedestrian accident; Premises Liability; General Negligence; Dangerous Condition. Page1 of§ Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of Cali ia ‘CM-110 (Rev. July 1, 2011} CEB Essential \Forms- www. ules 3,720-3.730 .08.g0v 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 fo date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost earnings. 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 arefully 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 and condition of the roadway, surrounding property, (CC) (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 (XJ) a jury trial CD anonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a CD The trial has been set for (date): b. [&) No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 6/10/19; 10/15/19; 3/30/20. Estimated length of trial The party or parties estimate that the trial will take (check one): a [X) days (specify number): 7-10 b. (CQ hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial CC) by the attorney or party listed in the caption (2D by the following: a. Attorney: b Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g Party represented: a Additional representation is described in Attachment 8. Preference (CJ 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 Cy has (2 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 (2) has not reviewed the ADR information package identified in rule 3.221 Referral to judicial arbitration or civil action mediation (if available). (1) C2) 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) (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 isexempt 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 5 Ca Essential cebaom | f2]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. i 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or lave 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 (aftach a copy of the parties' ADR processes (check all that apply). stipulation): (Q] Mediation session not yet scheduled () Mediation session scheduled for (date): (1) Mediation (2) Agreed to complete mediation by (date): () Mediation completed on (date): ([) Settlement conference not yet scheduled (2) Settlement (2) Settlement conference scheduled for (date): conference (2) Agreed to complete settlement conference by (date): (2) Settlement conference completed on (date): (2 Neutral evaluation not yet scheduled (2) Neutral evaluation scheduled for (date): (3) Neutral evaluation (2) Agreed to complete neutral evaluation by (date): (C) Neutral evatuation completed on (date): (CC) Judicial arbitration not yet scheduled (4) Nonbinding judicial (2) Judicial arbitration scheduled for (date): arbitration () Agreed to complete judicial arbitration by (date): (2) Judicial arbitration completed on (date): (2) Private arbitration not yet scheduled (5) Binding private (2) Private arbitration scheduled for (date): arbitration (2) Agreed to complete private arbitration by (date): (2) Private arbitration completed on (date): CV ADR session not yet scheduled (6) Other (specify): (OJ ADR session scheduled for (date): (2) Agreed to complete ADR session by (date): [CC] ADR completed on (date): CM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 3 of 5 Essential CEB | ESfoms! xxxx, Santosh CM-110 PLAINTIFF/PETITIONER:xxxxxxxxx, Neha xxxx, Gori xxxx, | case numeer: [~Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365 DEFENDANT/RESPONDENT: City of Milpitas, et al. 11. Insurance a {(C) Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Cl] Yes No c. CD 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 () Other (specify): Status: i 13. Related cases, consolidation, and coordination a {2} There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: (2) Additional cases are described in Attachment 13a. b. (CQ A motion to () consolidate CC) coordinate will be filed by (name party): 14. Bifurcation : (2) 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): t 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 (XQ) The party or parties have completed all discovery. b. [XQ The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiffs Further written Discovery to Defendants TBA Plaintiffs Depositions of all defendants and percipient witnesses. TBA Plaintiffs Expert Discovery. Per Code. c. (2) 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 CGB Essential ceb.com {2\Forms” xxxx, Santosh CM-110 PLAINTIFF/PETITIONER: Rok xxxx, Neha xxxx, Gori xxxx, CASE NUMBER: | Shalu xxxx, Rakhi xxxx, Anju xxxx 18CV325365 DEFENDANT/RESPONDENT: City of Milpitas, et al. 17. Economic litigation a. (CC) 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. (2) 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 (QJ The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Defendants Engineers;HMHFehr & Peers and Ghilotti Construction Inc. were served with plaintiffs' Company, complaint on 3/20/19. Plaintiffs request a 60 day continuance of the CMC to allow all parties to appear in this matter. 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): All parties have not yet appeared in this matter. 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 i) the case management conference, including the written authority of the party where required. Date: April 9, 2019 Ben H Stoddard Esq. (TYPE OR PRINT NAME) Doss (SIGNATURE OF PARTY OR ATTORNEY) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) CC) Additional signatures are attached. CM-110 [Rev. July 1, 2014] CASE MANAGEMENT STATEMENT Page 5 of 5 CEB Essential cebcom {}Forms- xxxx, Santosh xxxxxxxxx, et al. vs. City of Milpitas, et al. Santa Clara Superior Court Case No. 18CV325365 PROOF OF SERVICE Tam a citizen of the United States. My business address is 96 North Third Street, Suite 620, San Jose, CA 95112. I am 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: 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: 10 11 Attorneys for Defendant Attorneys for Defendant, CITY OF MILPITAS LORELAY ROBLES-PARTIDA 12 Todd H. Master, Esq. Douglas A. Sears, Esq. 13 Lisa K. Rauch, Esq. LAW OFFICES OF MATHENY HOWARD ROME MARTIN & RIDLEY SEARS LINKERT & JAIME, LLP 14 1900 O’Farrell Street, Suite 280 3638 American River Drive San Mateo, CA 94403 Sacramento, CA 95864 15 Tel: (650) 365-7715 Tel: (916) 978-3434 Fax: (650) 364-5297 Fax: (916) 978-3430 16 Email: lrauch@hrmrlaw.com Email: dsears@mathenysears.com 17 Attorneys for HMH Engineer: COURTESY COPY: 18 Catherine A. Salah, Esq. 19 GORDON & REES Attorneys for Defendant, Fehr & Peer: 20 SCULLY MANSUKHANI 275 Battery Street, Suite 2000 Nannette De Lara 21 San Francisco, CA 94111 Special Counsel Tel: (415) 986-5900 SEVERSON & WERSON, APC 22 Fax: (415) 986-8054 Email: csalah@gordonrees.com One Embarcadero Center, Suite 2600 23 San Francisco, CA 94111 Main: (415) 398-3344 24 Direct: (415) 677-5507 25 Email: ndl@severson.com 26 Xx] (BY MAIL) I am readily familiar with my firm's practice for collection and processing of correspondence for mailing with the United States Postal 27 Service, to wit, that correspondence will be deposited with the United States 28 Postal Service this same day in the ordinary course of business. I sealed said 1 PROOF OF SERVICE envelope and placed it for collection and mailing on April 10, 2019, following ordinary business practices. {] (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). {] (BY FACSIMILE) I caused such document(s) to be delivered via facsimile this date to the offices of the addressee(s). [ ] (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 above. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 10 [] (BY EMAIL OR ELECTRONIC TRANSMISSION) Based on a court order or 11 an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the 12 following e-mail addresses [OR at the e-mail addresses listed above]. I did 13 not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 14 I declare under penalty of perjury under the laws of the State of California that the 15 foregoing is true and correct. Executed on April 10, 2019 at San Jose, California. 16 17 18 LAAN Co A pyra 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE