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  • xxxxxxxxx et al vs CITY OF MILPITAS et al Other PI/PD/WD Unlimited (23)  document preview
  • xxxxxxxxx et al vs CITY OF MILPITAS et al Other PI/PD/WD Unlimited (23)  document preview
  • xxxxxxxxx et al vs CITY OF MILPITAS et al Other PI/PD/WD Unlimited (23)  document preview
  • xxxxxxxxx et al vs CITY OF MILPITAS et al Other PI/PD/WD Unlimited (23)  document preview
  • xxxxxxxxx et al vs CITY OF MILPITAS et al Other PI/PD/WD Unlimited (23)  document preview
  • xxxxxxxxx et al vs CITY OF MILPITAS et al Other PI/PD/WD Unlimited (23)  document preview
  • xxxxxxxxx et al vs CITY OF MILPITAS et al Other PI/PD/WD Unlimited (23)  document preview
  • xxxxxxxxx et al vs CITY OF MILPITAS et al Other PI/PD/WD Unlimited (23)  document preview
						
                                

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CM-110 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): SBN]. 185881/148575 ‘FOR COURT USE ONLY Todd H. Master, Esq./Lisa K. Rauch, Esq. HOWARD ROME MARTIN & RIDLEY LLP 1900 O'Farrell Street, Suite 280, San Mateo, CA 94403 TELEPHONE NO: (650) 365-7715 FAX NO. (Optional): (650) 364-5297 E-MAIL ADDRESS (Optiona): Irauch@hrmrlaw.com ATTORNEY FOR (Name): CITY OF MILPITAS. ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTreeT appress: 191 N. First Street MAILING ADDRESS: 191 N. First Street ciTy AND zip CODE: San Jose, CA 95113 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: xxxxxxxxx, et al. DEFENDANT/RESPONDENT: CITY OF MILPITAS, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [Z) uNtimitep cASE [2 uimitep case 18CV325365 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 4, 2018 Time: 9:00 a.m. Dept.: 9 Div.: Room: Address of court (if different from the address above): [Z] Notice of Intent to Appear by Telephone, by (name): Lisa K. Rauch, Esq, INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one): a. This statement is submitted by party (name): CITY OF MILPITAS b. EJ 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): b. [] 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. [] The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not): (2) [1] have been served but have not appeared and have not been dismissed (specify names): (3) [1 have had a default entered against them (specify names): c. [1 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 complaint [1 cross-complaint (Describe, including causes of action): Personal injury - automobile v. pedestrian; dangerous condition; negligence. Page 1 of 6 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, 2014] wunw.courts.ca gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: xxxxxxxxx, et al. 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 earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Defendant Robles-Partida struck plaintiffs’ decedent as she was walking in a marked crosswalk. [=] (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 ajury trial [J a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. [__] The trial has been set for (date): b. [ZI 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 at issue. Request further Case Management Conference in 90 days. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a, days (specify number): 10 b. [] hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial [1 by the attorney or party listed in the caption [C) by the following: a. Attorney: b. Firm: ©. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: (1) Additional representation is described in Attachment 8. Preference [) This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has [_] 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 [1 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). a) Co 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. @ CO 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. @) CO This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): ‘CM-110 [Rev July 1, 2011] Page 2 of6 CASE MANAGEMENT STATEMENT CM-110 [CASE NUMBER: PLAINTIFF/PETITIONER: xxxxxxxxx, et al. 18CV325365 DEFENDANT/RESPONDENT: CITY OF MILPITAS, et al. 40. 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): mw Mediation session not yet scheduled oo Mediation session scheduled for (date): (1) Mediation Co 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 Judicial arbitration scheduled for (date): (4) Nonbinding judicial arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled Private arbitration scheduled for (date): (5) Binding private arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): (CM-170 [Rev. July 1, 2011] Page 3 of 8 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: xxxxxxxxx, et al. ‘CASE NUMBER: 18CV325365 DEFENDANT/RESPONDENT: CITY OF MILPITAS, et al. 11. Insurance a Insurance carrier, if any, for party filing this statement (name): The City is self-insured. b. Reservation of rights: Yes No ©. [1 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] Bankruptey [7] other (specify): Status: 13. Related cases, consolidation, and coordination a [There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [] Additional cases are described in Attachment 13a. »b. [J Amotion to [1 consolidate [-} coordinate will be filed by (name party): 14, Bifurcation [) The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions ("J 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. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descriptio: Date Defendant City of Milpitas Written Discovery Per CCP Defendant City of Milpitas Subpoena Records Per CCP Defendant City of Milpitas Depo of Plaintiffs & Defendant Robles-Partida Per CCP c. [__] The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): (OM-110 (Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of § CM-110 PLAINTIFF/PETITIONER: xxxxxxxxx, et al. CASE NUMBER: bes 18CV325365 DEFENDANT/RESPONDENT: CITY OF MILPITAS, et al. 17. Economic litigation a. [__] 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. [] This isa 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 fo this case): 18. Other issues (J 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): 0 lam completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. FZ Date: November 16, 2018 Lisa K. Rauch (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) » (SIGNATURE OF PARTY OR ATTORNEY) [) Additional signatures are attached. (GM-110 [Rev. July 1, 2011], Page 5 of § CASE MANAGEMENT STATEMENT 1 xxxxxxxxx, et al. v. — of. —— et al./Santa Clara = Court Case No. 18CV325365 2 STATE OF CALIFORNIA, COUNTY OF SAN MATEO: Iam a citizen of the United States and employed in the county aforesaid; I am over the age of eighteen years, and not a party to the within action; my business address is 1900 O’Farrell Street, Suite 280, San Mateo, CA 94403. On the date set forth below I served the CASE MANAGEMENT STATEMENT OF CITY OF MILPITAS on the following person(s) in this action: Timothy D. McMahon, Esq. ATTORNEYS FOR PLAINTIFFS Corsiglia, McMahon & Allard 96 North Third Street, Suite 620 San Jose, CA 95112 Telephone: 408-289-1417 10 Facsimile: 408-289-8127 Email: tim@cmalaw.net 11 Douglas A. Sears, Esq. ATTORNEYS FOR DEFENDANT Ba 12 Matheny Sears Linkert & Jaime, LLP LORELA Y. ROBLES-PARTIDA Zees 3638 American River Drive 35oF 13 Sacramento, CA 95864 Telephone: (916) 978-343 ae 14 Facsimile: (916) 978-3430 Email: dsears@mathenysears.com 28 15 Oo a 16 Charles Sheldon, Esq. Walsworth WFBM, LLP ATTORNEYS FOR DEFENDANT PACIFIC GAS & ELECTRIC 17 601 Montgomery Street, Ninth Floor San Francisco, CA 94111 18 Telephone: (415) 781-7072 x 2817 Direct: (415) 544-7117 19 Email: esheldon@wfbm.com 20 Catherine A. Salah, Esq. ATTORNEYS FOR DEFENDANT 21 Gordon & Rees HMH ENGINEERS Scully Mansukhani 22 275 Battery Street, Suite 2000 San Francisco, CA 94111 23 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 24 Email: csalah@gordonrees.com 25 a (VIA MAIL ~ CCP §§ 1013(a), 2015.5) By placing a true copy thereof enclosed in a sealed envelope(s), addressed as 26 above, and placing each for collection and mailing on that date following ordinary business practices. I am readily PROOF OF SERVICE FOR CASE MANAGEMENT STATEMENT OF CITY OF MILPITAS; Case No. 18CV325365 1 familiar with my firm's business practice of collection and processing of correspondence for mailing with the U.S. Postal Service and correspondence placed for collection and mailing would be deposited in the U.S. Postal Service at Redwood City, California, with postage thereon fully prepaid, that same day in the ordinary course of business. (VIA PERSONAL DELIVERY - CCP §§ 1011, 2015.5) By placing a true copy thereof enclosed in a sealed envelope(s), addressed as above, and causing each envelope(s) to be hand delivered on that day by , in the ordinary course of my firm's business practice. (VIA FACSIMILE -- CCP §§ 1013(e), 2015.5, CRC 2008) By arranging for facsimile transmission from facsimile number 650/364-5297 to the above-listed facsimile number(s) prior to 5:00 p.m. I am readily familiar with my firm's business practice of collection and processing of correspondence via facsimile transmission(s) and any such correspondence would be transmitted in the ordinary course of business. The facsimile transmission(s) was reported as complete and without error, and a copy of the transmission report is attached. (VIA OVERNIGHT MAIL/COURIER -- CCP §§ 1013(c), 2015.5) By placing a true copy thereof enclosed in a sealed envelope(s), addressed as above, and placing each for collection by overnight mail service or overnight courier service. I am familiar with my firm's business practice of collection and processing of correspondence for overnight mail or ‘overnight courier service, and my correspondence placed for collection for overnight delivery would, in the ordinary course of business, be delivered to an authorized courier or driver authorized by the overnight mail carrier to receive documents, with delivery fees paid or provided for, that same day, for delivery on the following business day. I declare that I am employed in the office of a member of the bar of this court at whose 10 Executed on November 16, 2018, at San Mateo, California. direction the service was made. 11 Bek 12 eanne Cas ‘berry a8 ak 13 ~3 14 Zas 15 2° 16 17 18 19 20 21 22 23 24 25 26 PROOF OF SERVICE FOR CASE MANAGEMENT STATEMENT OF CITY OF MILPITAS; Case No. 18CV325365 2