Preview
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