Preview
CM-110
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ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TODD P. EMANUEL (SBN 169301) .
‘
PAMELA E. GLAZNER (SBN 247007) . .
.
EMANUEL LAW GROUP =
702 Marshall St, Suite 400, Redwood City, CA 94063 ,
TELEPHONE NO.:(650) 369-8900 FAX (650)
NO.(Opliana/): 369-4228
todd@teinj U rylaw. COITI
E-MAIL ADDRESS (Optional):
Plaintiff JOSE VERDUSCO
ATTORNEY FOR (Name):
FILED
SAN MATEO COUNTY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREETADDRESS: 400 County Center
MAILING ADDRESS:
CITYAND ZIP CODE: Redwood city, CA 94063
amen NAME: Hall of Justice and Records
PLAINTIFF/PETITIONER: JOSE VERDUSCO
DEFENDANT/RESPONDENT: AN DY MAR, COUNTY OF SAN MATEO
(Check one): [2]
CASE MANAGEMENT STATEMENT
UNLIMITED CASE
(Amount demanded
Cl LIMITED CASE
(Amount demanded is $25,000
CASE NUMBER:
CIV537740
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exceeds $25,000) or less) I in;
A CASE MANAGEMENT CONFERENCE is scheduled as follows: —_'='_
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Date: March 3, 2017 Time: 9:00
Address of court (if different from the address above):
am. Dept.: 21 Div.: Room:
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D Notice of Intent to Appear by Telephone, by (name): i.
INSTRUCTIONS: All applicable boxes must be Checked, and the specified information must be provide;k_____/.
1. Party or parties (answer one):
a. m This statement is submitted by party (name): Plaintiff JOSE VERDUSCO
b. D This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): January 5, 2016
b. D The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. w All parties named in the complaint and cross-complaint have been sewed, have appeared, or have been dismissed.
b. CI The following parties named in the complaint or cross-complaint
(1) a have not been served (specify names and explain why not):
(2) CI have been served but have not appeared and have not been dismissed (specify names):
(3) D have had a default entered against them (specify names):
0. D The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served):
4. Description of case
a. Type of case in m complaint CI cross-complaint (Describe, including causes of action):
After demurrer by Defendant County of San Mateo, the operative causes of action in the Second Amended
Complaint against both Defendants are (1) assault, (2) false imprisoment, (3) intentional infliction of
emotional distress, and (4) negligent infliction of emotional distress. There is also a fifth cause of action
forfreedom from violence under Ralph Civil rights Act (Civil Code §51.7) against Defendant Andy Mar only.
Page1of 5
Form Adopted forMandatory Use
JudICIaI Councn of Cahfomxa HarlinDtan's
CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.7203130
CM-11O [Rev. July 1, (063)
www.courts.ca.gov
20111WBSENIIM. FflRMSIM
Verdusco, Jose (ASSAULT)
CM-110 ~
PLAINTIFF/PETITIONER:JOSE VERDUSCO CASE-NUMBER:
CIV537740
DEFENDANT/RESPONDENT: ANDY MAR, COUNTY OF SAN MATEO
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
eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
Defendant Mar, sheriff's deputy of defendant County of San Mateo, pointed a loaded gun at plaintiff
without provocation. Plaintiff suffered severe emotional distress. Economic damages exceed
$100,000.00.
D (If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request m a jury trial C] a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. CI The trial has been set for (date):
b. w 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):
See attachment SC
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. m days (specify number): 5 days
b. CI hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial m by the attorney or party listed in the caption CI by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: 9. Party represented:
C] Additional representation is described in Attachment 8.
9. Preference
D 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 inthis case.
(1) For parties represented by counsel: Counsel
in rule 3.221
E has C] has not provided the ADR information package identified
to the client and reviewed ADR options with the client.
(2) For self-represented parties:Party D has D has not reviewed the ADR information package identified in rule 3.221.
b. Referral tojudicial arbitration or civil action mediation (if available).
(1) CI This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11or 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) CI 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) m This case is exempt from judicial arbitration under rule 3.811of the California Rules of Court or from civil action
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mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Amount in controversy exceeds $50,000.00
CM'11°[R°V'J”"1'2°"'
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CASE MANAGEMENT STATEMENT pagan”
BSENllll
FHRMS
Verdusco, Jose (ASSAULT)
CM-110
PLAlNTIFF/PETITIONERJOSE VERDUSCO CASE NUMBER:
CIV537740
DEFENDANT/RESPONDENT: ANDY MAR, COUNTY OF SAN MATEO
10. 0. 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):
KI Mediation session not yet scheduled
(1) Mediation E] D Mediation session scheduled for (date):
El Agreed to complete mediation by (date):
D Mediation completed on (date):
C] Settlement conference not yet scheduled
(2) Settlement
D C] Settlement conference scheduled for (date):
conference
CI Agreed to complete settlement conference by (date):
C] Settlement conference completed on (date):
D Neutral evaluation not yet scheduled
(3) Neutral evaluation D CI Neutral evaluation scheduled for (date):
C] Agreed to complete neutral evaluation by (date):
C] Neutral evaluation completed on (date):
C] Judicial arbitration not yet scheduled
(4) Nonbinding judicial Cl C] Judicial arbitration scheduled for (date):
arbitration
D Agreed to completejudicial arbitration by (date):
D Judicial arbitration completed on (date):
CI Private arbitration not yet scheduled
(5) Binding private D CI Private arbitration scheduled for (date):
arbitratlon
D Agreed to complete private arbitration by (date):
C] Private arbitration completed on (date):
D ADR session not yet scheduled
(6) Other (specify): D C] ADR session scheduled for (date):
C] Agreed to complete ADR session by (date):
CI ADR completed on (date):
CM-110 [Rev July 1, 2011] CASE MANAGEMENT STATEMENT Pageacts
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C.
Marlin Dean‘s
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[SitllllAl
Verdusco, Jose (ASSAULT)
CM-110
PLAINTIFF/PETITIONERzJOSE VERDUSCO CASE NDMBER:
CIV53774O
DEFENDANT/RESPONDENT: AN DY MAR, COUNTY OF SAN MATEO
11. Insurance
a. D Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: D Yes D No
0. CI 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.
D Bankruptcy D Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. Q There are companion, underlying, or related cases.
(1) Name of case: People V. Mar
(2) Name of court:
(3) Case number:
(4) Status: Criminal Jury Trial, verdict returned August 29, 2016.
E] Additional cases are described in Attachment 13a.
b. D Amotion to CI consolidate CI coordinate will be filed by (name party):
14. Bifurcation
D or coordinating the following issues or causes of
a motion for an order bifurcating, severing.
The party or parties intend to file
action(specify moving party, type of motion,and reasons):
15. Other motions
CI The party or parties expect to file the following motions before trial (specify moving party, type of motion,
and issues):
16. Discovery
a. D The party or parties have completed all discovery.
b. m The following discovery will be completed by the date specified (describe all anticipated discovery):
Pa_rty Description D_at§
Plaintiff Written Discovery Per Code
Plaintiff Depositions Per Code
Plaintiff Expert Depositions Per Code
0. CI The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-11OIRGV~July1-2011l CASE MANAGEMENT STATEMENT Page4ofs -
‘‘ Martin Dmu‘s
ESSENIIM FflRMS'“ Verdusco, Jose (ASSAULT)
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CM-110
PLAINTIFF/PETITIONER: JOSE VERDUSCO CASE NUMBER:
CIV537740
DEFENDANT/RESPONDENT: ANDY MAR, COUNTY OF SAN MATEO
17. Economic litigation
a. CI 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. D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
explain specifically why economic litigation procedures relating to discovery or trial
discovery will be filed (if checked,
should not apply to this case):
18. Other issues
L__] 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. m 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): 1—
:W
I 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
the case management conference, including the written authority of the party where required.
Date: February 13, 2017
PAMELA E GLAZNER /’¢——/
(TYPE 0R PRINT NAME) (SIGNATURE OF PARTY 0R A'l'ldRNEY)
(TYPE 0R PRINT NAME) V (SIGNATURE OF PARTY 0R ATTORNEY)
D Additional signatures are attached.
CM-110iRev.JuIy1. 2011] CASE MANAGEMENT STATEMENT P894950”
Murilank
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[SSEIIIIAI HIRMS'"
Verdusco, Jose (ASSAULT)
Attachment 6c
Todd P. Emanuel (SBN 169301)
Current Trials I Unavailabilitv
2017
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5/8/17 — 5/12/17 Jane Doe #2 v. Sedi/lo San Mateo County, Case No. CIV534203
8/14/2017 —8/21/17 Commandatore vs. Hozer Santa Clara County, Case No. 113CV248634
Vacation
None scheduled at this time.
Last updated on February 10, 2017
CASE NAME: Verdusco v. Mar, et al.
CASE N0.: San Mateo Superior Court Case No. CIV537740
(Transferred from San Francisco SC Case No. CGC-16-549709)
PROOF OF SERVICE
I am employed in the City of Redwood City, County of San Mateo, State of
California.
(OWVODU'IAODNA
I am over the age of 18 years and not a party to the within action. My
business address is 702 Marshall Street, Suite 400, Redwood City, California 94063.
On the date set forth below, following ordinary business practice, I served a true
copy of the foregoing document(s) described as:
CASE MANAGEMENT STATEMENT
L__I (BY FAX) by transmitting via facsimile the document(s) listed above to the fax
number(s) set forth below, or as stated on the attached service this
I (BY
placed
MAIL)
in the
I caused
United
such
States
envelope(s)
mail at
with
Redwood
postage
City,
thereon
California.
list,
fully
on
prepaid
date.
to be
[I (BY
the
E-MAIL)
email
by transmitting
address(es) set
via
forth
electronic
below, or
mail
as
the
stated
document(s)
on the attached
listed above
service
to
list,
on this date.
I] (BY OVERNIGHT
overnight delivery
DELIVERY)
carrier with
Icaused
delivery
such
fees
envelope(s)
provided
to
for,
be delivered
addressed to
to an
the
person(s) on whom itis to be served.
I:I (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand
to the add ressee(s).
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SEE ATTACHED SERVICE LIST
(State) Ideclare under penalty of perjury under the laws of the State of
California that the above is true and correct.
Executed on February 15, 2017, at Redwood City, California.
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PROOF OF SERVICE - CASE NO. CIV537740
Sandra Zuniga Nierenberg Attorney for Defendant
SAN MATEO COUNTY COUNSEL COUNTY OF SAN MATEO
400 County Center
Redwood City, CA 94063
Telephone: (650) 363.4755
Facsimile: (650) 363.4034
Email: snierenberq@smcqov.orq
Grant A. Winter Attorney for Defendant
MASTAGNI HOLDSTEDT APC ANDY MAR
(OWNGU'I-hOONA
&
1912 |Street ~
Sacramento, CA 95811
Telephone: (916) 446.4692
Direct: (916) 491.4252
Facsimile: (916) 447.4614
Email: qwinter@mastaqni.com
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PROOF OF SERVICE - CASE NO. C|V537740