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  • Kasi Shah vs East Side Union High School District et al Other PI/PD/WD Unlimited (23)  document preview
  • Kasi Shah vs East Side Union High School District et al Other PI/PD/WD Unlimited (23)  document preview
  • Kasi Shah vs East Side Union High School District et al Other PI/PD/WD Unlimited (23)  document preview
  • Kasi Shah vs East Side Union High School District et al Other PI/PD/WD Unlimited (23)  document preview
						
                                

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) i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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