Preview
CM-110
Gene Halavanau, Esq. (267280)
150 Post Street Suite 600
San Francisco CA 94108
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) FOR COURT USE ONLY
TeLerHone No. 415.692.5301 FAXNO (Optional: 415.692.8412
E-MAIL ADDRESS (Optional, ene@halavanau.com
ATTORNEY FOR (Name). Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara
street aporess 191 N 1st Street
MAILING ADDRESS.
ciTy AND ZIP CODE San Jose California 95113
BRANCH NAME.
DEFENDANT/RESPONDENT: East Side Union High School District et al.
PLAINTIFF/PETITIONER: Kasi Shah
CASE MANAGEMENT STATEMENT ‘CASE NUMBER
(Check one): [7] UNLIMITED CASE [J uimitep case 18CV328113
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 7/09/2019 Time: 10 am Dept.: 8 Div.: Room:
Address of court (if different from the address above):
[2] Notice of intent to Appear by Telephone, by (name): Gene Halavanau, 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): Kasi Shah
b. [1] 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); May 10, 2018
b. [7] The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a Co an parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [7] The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not):
(2) (71 have been served but have not appeared and have not been dismissed (specify names):
Alida Garcia, Estefani Herrera, Jaileen Galvan-Padilla, Maria Cervantes
(3) [] have had a default entered against them (specify names):
defaults pending against Garcia, Galvan-Padilla, Cervantes
c. (4) The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
Additional school officials, other school students based on discovery.
4. Description of case
a. Type of case in complaint [_—] cross-complaint (Describe, including causes of action):
Page tot 5
Fo naapted fo Mandatory ee CASE MANAGEMENT STATEMENT Gal Res of Cou
(CM-110 (Rev. July 1, 2014] ‘www courts ca. govCM-110
PLAINTIFF/PETITIONER: Kasi Shah CASE NUMBER
i : ote 18CV328113
DEFENDANT/RESPONDENT: East Side Union High School District et al.
4
9.
. 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.)
Complaint arises out of students’ attack on Plaintiff causing serious injuries and school district's failure to prevent
the attack. Complaint alleges fourteen causes of action, including negligence, IED, NIED, assault and battery,
violation of California Government Code section 815.2 and 820, Education Code section 220, et. seq and
violation of Bane Act (Civ. Code section 52.1), among other causes of action.
C21 (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
requesting a jury trial):
CZ) ajury trial 7) a nonjury trial. (If move than one party, provide the name of each party
Trial date
a. [__] The trial has been set for (date):
b. [7] Notrial 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):
January 13-January 20, 2020 (San Francisco trial); 2019 Trials: 8/8-28; 9/16; 12/20. 2020 Trials: 1/6; 1/13;
1/27; 2/10; 2/18; 2/25; 4/27; 5/11.
. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. (1) days (specify number: 7-10 days
b. [1 hours (short causes) (specify):
. Trial representation (to be answered for each party)
The party or parties will be represented at trial [7] by the attorney or party listed in the caption [2] by the following:
a. Attorney: David Anderson
Firm: Anderson Law Firm
Address: 591 Redwood Hwy Frontage Rd, Ste 4000, Mill Valley, CA 94941
Telephone number: 415.395.9898 f. Fax number: 415.395.9839
. E-mail address: david@dcandersoniaw.com g. Party represented:
[1 Additionat representation is described in Attachment 8.
eaog
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 [2 has £71 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 [J 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).
(@) CO This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under ‘ade of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) [] Plaintiff etects 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) [21 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):
The amount of damages.
CHO (Rv. say 1.2077 CASE MANAGEMENT STATEMENT Paap ZotCM-110
|_ PLAINTIFF/PETITIONER: Kasi Shah
PEFENDANT/RESPONDENT: East Side Union High School District et al.
CASE NUMBER
18CV328113
10. ¢. 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
this form are willing to
participate in the following ADR
processes (check all that apply):
if the party or parties completing this form in the case have agreed to
participate in or have already completed an ADR process or processes,
indicate the status of the processes (attach a copy of the parties‘ ADR
stipulation):
(1) Mediation
w
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed to complete mediation by (date):
Mediation completed on (date):
(2) Settlement
conference
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
(3) Neutral evaluation
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
Agreed to complete neutral evaluation by (date).
Neutral evaluation completed on (date):
(4) Nonbinding judicial
arbitration
Judicial arbitration not yet scheduled
Judicial arbitration scheduled for (date):
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
(5) Binding private
arbitration
Private arbitration not yet scheduled
Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date).
Private arbitration completed on (date):
(6) Other (specify):
OOOO;}O000;/0000;/O000/0008/0008
ADR session not yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev July 1, 2011)
CASE MANAGEMENT STATEMENT
Page 3 of 5CM-110
PLAINTIFF/PETITIONER: Kasi Shah CASE NUMBER
l 32811
DEFENDANT/RESPONDENT: East Side Union High School District et al. 18Cv. 3
11. Insurance
a. [7 Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights!) [_] Yes [7] No
«. [] 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.
(J Bankruptcy C—] other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [_] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[1 Aaditional cases are described in Attachment 13a.
b. CJ Amotionto [—] consolidate [77] 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. (1 The panty or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe ail anticipated discovery):
Party Description Date
Kasi Shah Written Discovery July 2019
Kasi Shah Depositions October 2019
Kasi Shah Expert Discovery December 2019
c. [_] The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CMA110 (Rew. July 1, 2011]
CASE MANAGEMENT STATEMENT Page aot sCM-110
PLAINTIFF/PETITIONER: Kasi Shah CASE NUMBER
— 41
DEFENDANT/RESPONDENT: East Side Union High School District et al. 1eCvs28113
17. Economic litigation
a. [] This is a limited civil case (ie., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b, [7] 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
[5 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 alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these iss a
the case management conference, including the written authority of the party where required.
Date: June 21, 2019
Gene Halavanau, Esq. > AA.
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR RTTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[) Additional signatures are attached.
CM-110 [Rev July 4, 2011] CASE MANAGEMENT STATEMENT Pogo Sof §on A nH ew
No)
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Kasi Shah v, East Side Union District High School, et al.
Santa Clara County Superior Court Case No. 18CV328113
PROOF OF SERVICE
[C.C.P. § 1013, C.R.C.§ 2008, F.R.C.P. Rule 5]
1am over the age of eighteen years, not a party to this action and I am employed within the
City and County of Marin. My business address is 591 Redwood Hwy., Building 4000, Mill
Valley, CA 94941-3039. On the date set forth below, I served the following document(s):
PLAINTIFF’S CASE MANAGEMENT CONFERENCE STATEMENT
in the manner indicated below and upon the individuals in the service list.
X__ BY FIRST CLASS 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
correspondence will be deposited, postage prepaid, with the United States Postal Service,
this same day, within the ordinary course of business of the law firm.
BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand this date to
the offices of the addressee(s).
BY OVERNIGHT MAIL: I caused such envelope to be delivered by a commercial carrier
service for overnight delivery to the office(s) of the addressee(s).
BY ELECTRONIC SERVICE: Upon stipulation and agreement of the parties, I caused said
documents to be served electronically by utilizing File and Serve Xpress through this Court.
Parties served are noted on the transaction receipt generated by File and Serve Xpress.
Electronic service is undertaken consistent with Code of Civil Procedure section
1010.6(a)(2).
Law Office of Gene Halavanau
150 Post Street, Suite 600
San Francisco, CA 94108
415 692-5301
Fax: 415 692-8412
gene@halavanau.com
Co-Counsel for Plaintiff
Adam J. Davis, Esq.
Davis & Young, APLC
1960 The Alameda, Suite 210
San Jose, CA 95126
408 261-4241 or 669 245-4200
Fax: 408 985-1814
adavis@davisyounglaw.com
Attorney for East Side Union High School
District
Jacqueline Cervantes
3020 Bradshaw Drive
San Jose, CA 95148
Jaileen Galvan-Padilla
3170 Durant Avenue
San Jose, CA 95111
1
PROOF OF SERVICEI declare under penalty of perjury under the laws of the State of California that the foregoing|
statements are true and correct and that this Declaration was executed on June 24, 2019, at Mill
Valley, CA.
ed K. DiBELLA
2
PROOF OF SERVICE