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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, @. number, and address): errr I VINE
GATL C. TRABISH, ESQ. (#103482)
TBOORNAZIAN, JENSEN & GARTHE
555 12th Street, Suite 1800
4
Oakland, CA 94607
TELEPHONE NO.: (510)
E-MAIL ADDRESS (Optional):
834-4350 — FaXxNo.(Optionay; (510) 839-1897 F |
ALAMEDA COUNTY
ATTORNEY FOR (Name). Defendant TARGET STORES
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
sTREET ADDRESS: 5672 Stoneridge Drive
JUN 2 8 2005
MAILING ADDRESS:
city anpzipcope: Pleasanton, CA 94588
BRANCH NAME: GALE—-SCHENONE HALT OF JUSTICE
PLAINTIFF/PETITIONER: MICHELLE CARTER
DEFENDANT/RESPONDENT: TARGET CORPORATION, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [XX] UNLIMITED CASE [| LIMITED CASE
eh (Amount demanded (Amount demanded is $25,000 | VG 04 180324
= ; exceeds $25,000) or less)
i =|
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: July 14, 2005 Time:3:30 p.m. Dept: 704 Div.: Room:
=| Address of court (if different from the address above):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement
is submitted by party (name):Target Stores division of Target Corporation
b. [__] This statement is submitted jointly by parties (names):
Complaint and cross-complaint (fo 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):
3. Service (fo be answered by plaintiffs and cross-complainants only)
a. [| All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
b. [|_| The following parties named in the complaint or cross-compiaint
(1) [] have not-been served (specify names and explain why not):
(2) [_] have been served but have not appeared and have not been dismissed (specify names):
~ (3) [_] have had a default entered against them (specify names):
c. [__] 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 complaint [| cross-complaint (describe, including causes of action):
Personal injury premises liability.
Page 1 of 4
Foidiial Counel of Caiforva CASE MANAGEMENT STATEMENT zal Cal Rules ot eons
CM-110 [Rev. January 1, 2005] Solutions
fe Bp)
»
PLAINTIFF/PETITIONER: MICHELLE CARTER CASE NUMBER:
| DEFENDANT/RESPONDENT: TARGET CORPORATION, et al. VG 04 180324
'
4. b. Provide a brief statement of the case, including any damages. (/f 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.)
Slip and fall at defendant's store. Alleges injury to knee. Long history
of prior complaints. ;
|__| (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 [xJa jury trial Loja nonjury trial (if more than one party, provide the name of each party
requesting a jury trial): reserved by defendant
Trial date
a. {__] The trial has been set for (date):
b. 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):
Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 5 days
b. L_] hours (short causes) (specify):
Trial representation (fo be answered for each party)
The party or parties will be represented at trial [x
|X _]] by the attorney or party listed in the caption [] by the following:
Attorney:
Firm:
ero9a2oo®
Address:
Telephone number:
Fax number:
E-mail address:
Party represented:
J Additional representation is described in Attachment 8.
Preference
[__] This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
a. Counsel has [| hasnot provided the ADR information package identified in rule 201.9 to the client and has
reviewed ADR options with the client.
b. [__] All parties have agreed to a form of ADR. ADR will be completed by (date):
c. [__] The case has gone to an ADR process (indicate status):
CM-110 [Rev. January 7, 2005] CASE MANAGEMENT STATEMENT Page 2 of 4
PLAINTIFF/PETITIONER: MICHELLE CARTER CASE NUMBER:
. | DEFENDANT/RESPONDENT: TARGET CORPORATION, et al. VG 04 180324
10. d. The party or parties are willing to participate in (check all that apply):
(1) Mediation
(2) [__] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 1612)
(3) [<_] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days
before trial; order required under Cal. Rules of Court, rule 1612)
* (4) [__] Binding judicial arbitration
(5) |__| Binding private arbitration
(6) [__] Neutral case evaluation
(7) |__] Other (specify):
e. |__| This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit.
f. L__] 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.
g. [__] This case is exempt from judicial arbitration under rule 1601(b) of the California Rules of Court (specify exemption):
11. Settlement conference
The party or parties are willing to participate in an early settlement conference (specify when): In lieu of ADR, in
two months. ,
12. Insurance
a. Insurance carrier, if any, for party filing this statement (name): Old Republic.
b. Reservation of rights: [__] Yes No
c. L_] Coverage issues will significantly affect resolution of this case (explain):
-13. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
{| Bankruptcy [__] Other (specify):
Status:
14. 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 14a.
b. [--] Amotionto [__] consolidate [_] coordinate will be filed by (name party):
15. 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):
16. Other motions
[__] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
CM-110 [Rev. January 1, 2005] CASE MANAGEMENT STATEMENT Page 3 of 4
”PLAINTIFF/PETITIONER: — CARTER CASE NUMBER:
JDEFENDANT/RESPONDENT: TARGET CORPORATION, et al. VG 04 180324
17. Discovery
a. [__] The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Target Stores IME 60 days prior
to trial.
c. [__] The following discovery issues are anticipated (specify):
18. Economic Litigation
a. L_] 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 through 98 will apply to this case.
b. [___] 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):
19. Other issues
{| The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
20. Meet and confer
a. The party or parties have met and conferred with all parties on alf subjects required by rule 212 of the California Rules of
Court (if not, explain):
b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following
(specify):
21. Case management orders
Previous case management orders in this case are (check one): [__] none attached as Attachment 21.
22. Total number of pages attached (if any):
1am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, 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: June & 7% 2005
—_
Gail T. Trabish » Ati
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
»
(TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY)
[___] Additional signatures are attached
CM-110 [Rev. Januaray 1, 2005] CASE MANAGEMENT STATEMENT Page 4 of 4
Ae,
2 es : :
Superior Court of California, County of Alameda
Gale / Schenone Hall of Justice
‘Carter + No. VG04180324
Plaintiff/Petitioner(s)
VS Tentative Case Management Order
Target Corporation
Defendant/Respondent(s)
(Abbreviated Title)
This Tentative Case Management Order is issued by Judge Christine K. Moruza on 02/10/2005.
ORDER re: CASE MANAGEMENT
The Court has ordered the following:
After review of the case, including timely filed Case Management Statements, without a conference.
FURTHER CASE MANAGEMENT CONFERENCE
A further Case Management Conference is scheduled for 074142.005 at 03:30 PM in Dept. 704.
Updated Case Management Statements in compliance with CRC 212 and oan County Local Rules,
Chapter 4, on Judicial Council Form CM-110, must be filed no later than 06/29/2005. If the foregoing
date is a court holiday or a weekend, the time is extended to the next business d& ry.
DISCOVERY
The following discovery must be completed before updated Case Management Statements are due:
Medical examination of parties
Deposition of doctor
All non-expert depositions
All interrogatory and/or document production discovery
NOTICES
The Court orders counsel and/or self-represented parties to obtain a copy of this order from the court's
website http://www.alameda.courts.ca.gov/domainweb.
Any delay in the trial, caused by non-compliance with any order contained herein, shall be the subject of
sanctions pursuant to CPP 177.5.
PROOF OF SERVICE BY MAIL
N
(C.C.P. SECTIONS 1013(a) -2015.5)
I am employed in the County of Alameda, State of California. I am over the age of
W
18 years and not a party to the within action. My business address is 555 12th Street, Suite 1800,
&
P. O. Box 12925, Oakland, California 94604-2925.
On
I am readily familiar with the business practice for collection and processing of
DN
correspondence for mailing with the United States Postal Service. On the date indicated below, at
SI
the above-referenced business location, I sealed envelopes, enclosing a copy of the CASE
MANAGEMENT CONFERENCE STATEMENT, addressed as shown below, and placed them
10 for collection and mailing following ordinary business practices to be deposited with the United
11 States Postal Service on the date indicated below:
12
Ron Maidenberg, Esq. Attorney for Plaintiff
13 Ron Maidenberg Attorney at Law
3100 Oak Road, Suite 207
14 Walnut Creek, CA 94597
Tel: (925) 943-2650
15 Fax: (925) 943-7880
16
I declare under penalty of perjury under the laws of the State of California that the
17
foregoing is true and correct.
18
Executed at Oakland, California, on June)’ /, 2005.
19
20
él A web Mt.
21 J@ANNE PERRI
al
22
23
23404\333023
24
25
26
27
28
BOORNAZIAN,
ENSEN & GARTHE
595 12°" STREET
SUITE 1800
OAKLAND, GA 94607 PROOF OF SERVICE
(510) 834-4350
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, @. number, and address): errr I VINE GATL C. TRABISH, ESQ. (#103482) TBOORNAZIAN, JENSEN & GARTHE 555 12th Street, Suite 1800 4 Oakland, CA 94607 TELEPHONE NO.: (510) E-MAIL ADDRESS (Optional): 834-4350 — FaXxNo.(Optionay; (510) 839-1897 F | ALAMEDA COUNTY ATTORNEY FOR (Name). Defendant TARGET STORES SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA sTREET ADDRESS: 5672 Stoneridge Drive JUN 2 8 2005 MAILING ADDRESS: city anpzipcope: Pleasanton, CA 94588 BRANCH NAME: GALE—-SCHENONE HALT OF JUSTICE PLAINTIFF/PETITIONER: MICHELLE CARTER DEFENDANT/RESPONDENT: TARGET CORPORATION, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [XX] UNLIMITED CASE [| LIMITED CASE eh (Amount demanded (Amount demanded is $25,000 | VG 04 180324 = ; exceeds $25,000) or less) i =| A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 14, 2005 Time:3:30 p.m. Dept: 704 Div.: Room: =| Address of court (if different from the address above): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name):Target Stores division of Target Corporation b. [__] This statement is submitted jointly by parties (names): Complaint and cross-complaint (fo 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): 3. Service (fo be answered by plaintiffs and cross-complainants only) a. [| All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed. b. [|_| The following parties named in the complaint or cross-compiaint (1) [] have not-been served (specify names and explain why not): (2) [_] have been served but have not appeared and have not been dismissed (specify names): ~ (3) [_] have had a default entered against them (specify names): c. [__] 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 complaint [| cross-complaint (describe, including causes of action): Personal injury premises liability. Page 1 of 4 Foidiial Counel of Caiforva CASE MANAGEMENT STATEMENT zal Cal Rules ot eons CM-110 [Rev. January 1, 2005] Solutions fe Bp) » PLAINTIFF/PETITIONER: MICHELLE CARTER CASE NUMBER: | DEFENDANT/RESPONDENT: TARGET CORPORATION, et al. VG 04 180324 ' 4. b. Provide a brief statement of the case, including any damages. (/f 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.) Slip and fall at defendant's store. Alleges injury to knee. Long history of prior complaints. ; |__| (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 [xJa jury trial Loja nonjury trial (if more than one party, provide the name of each party requesting a jury trial): reserved by defendant Trial date a. {__] The trial has been set for (date): b. 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): Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5 days b. L_] hours (short causes) (specify): Trial representation (fo be answered for each party) The party or parties will be represented at trial [x |X _]] by the attorney or party listed in the caption [] by the following: Attorney: Firm: ero9a2oo® Address: Telephone number: Fax number: E-mail address: Party represented: J Additional representation is described in Attachment 8. Preference [__] This case is entitled to preference (specify code section): 10. Alternative Dispute Resolution (ADR) a. Counsel has [| hasnot provided the ADR information package identified in rule 201.9 to the client and has reviewed ADR options with the client. b. [__] All parties have agreed to a form of ADR. ADR will be completed by (date): c. [__] The case has gone to an ADR process (indicate status): CM-110 [Rev. January 7, 2005] CASE MANAGEMENT STATEMENT Page 2 of 4 PLAINTIFF/PETITIONER: MICHELLE CARTER CASE NUMBER: . | DEFENDANT/RESPONDENT: TARGET CORPORATION, et al. VG 04 180324 10. d. The party or parties are willing to participate in (check all that apply): (1) Mediation (2) [__] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 1612) (3) [<_] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days before trial; order required under Cal. Rules of Court, rule 1612) * (4) [__] Binding judicial arbitration (5) |__| Binding private arbitration (6) [__] Neutral case evaluation (7) |__] Other (specify): e. |__| This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. L__] 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. g. [__] This case is exempt from judicial arbitration under rule 1601(b) of the California Rules of Court (specify exemption): 11. Settlement conference The party or parties are willing to participate in an early settlement conference (specify when): In lieu of ADR, in two months. , 12. Insurance a. Insurance carrier, if any, for party filing this statement (name): Old Republic. b. Reservation of rights: [__] Yes No c. L_] Coverage issues will significantly affect resolution of this case (explain): -13. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. {| Bankruptcy [__] Other (specify): Status: 14. 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 14a. b. [--] Amotionto [__] consolidate [_] coordinate will be filed by (name party): 15. 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): 16. Other motions [__] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): CM-110 [Rev. January 1, 2005] CASE MANAGEMENT STATEMENT Page 3 of 4 ”PLAINTIFF/PETITIONER: — CARTER CASE NUMBER: JDEFENDANT/RESPONDENT: TARGET CORPORATION, et al. VG 04 180324 17. Discovery a. [__] The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Target Stores IME 60 days prior to trial. c. [__] The following discovery issues are anticipated (specify): 18. Economic Litigation a. L_] 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 through 98 will apply to this case. b. [___] 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): 19. Other issues {| The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 20. Meet and confer a. The party or parties have met and conferred with all parties on alf subjects required by rule 212 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following (specify): 21. Case management orders Previous case management orders in this case are (check one): [__] none attached as Attachment 21. 22. Total number of pages attached (if any): 1am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, 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: June & 7% 2005 —_ Gail T. Trabish » Ati (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) » (TYPE OR PRINT NAME) {SIGNATURE OF PARTY OR ATTORNEY) [___] Additional signatures are attached CM-110 [Rev. Januaray 1, 2005] CASE MANAGEMENT STATEMENT Page 4 of 4 Ae, 2 es : : Superior Court of California, County of Alameda Gale / Schenone Hall of Justice ‘Carter + No. VG04180324 Plaintiff/Petitioner(s) VS Tentative Case Management Order Target Corporation Defendant/Respondent(s) (Abbreviated Title) This Tentative Case Management Order is issued by Judge Christine K. Moruza on 02/10/2005. ORDER re: CASE MANAGEMENT The Court has ordered the following: After review of the case, including timely filed Case Management Statements, without a conference. FURTHER CASE MANAGEMENT CONFERENCE A further Case Management Conference is scheduled for 074142.005 at 03:30 PM in Dept. 704. Updated Case Management Statements in compliance with CRC 212 and oan County Local Rules, Chapter 4, on Judicial Council Form CM-110, must be filed no later than 06/29/2005. If the foregoing date is a court holiday or a weekend, the time is extended to the next business d& ry. DISCOVERY The following discovery must be completed before updated Case Management Statements are due: Medical examination of parties Deposition of doctor All non-expert depositions All interrogatory and/or document production discovery NOTICES The Court orders counsel and/or self-represented parties to obtain a copy of this order from the court's website http://www.alameda.courts.ca.gov/domainweb. Any delay in the trial, caused by non-compliance with any order contained herein, shall be the subject of sanctions pursuant to CPP 177.5. PROOF OF SERVICE BY MAIL N (C.C.P. SECTIONS 1013(a) -2015.5) I am employed in the County of Alameda, State of California. I am over the age of W 18 years and not a party to the within action. My business address is 555 12th Street, Suite 1800, & P. O. Box 12925, Oakland, California 94604-2925. On I am readily familiar with the business practice for collection and processing of DN correspondence for mailing with the United States Postal Service. On the date indicated below, at SI the above-referenced business location, I sealed envelopes, enclosing a copy of the CASE MANAGEMENT CONFERENCE STATEMENT, addressed as shown below, and placed them 10 for collection and mailing following ordinary business practices to be deposited with the United 11 States Postal Service on the date indicated below: 12 Ron Maidenberg, Esq. Attorney for Plaintiff 13 Ron Maidenberg Attorney at Law 3100 Oak Road, Suite 207 14 Walnut Creek, CA 94597 Tel: (925) 943-2650 15 Fax: (925) 943-7880 16 I declare under penalty of perjury under the laws of the State of California that the 17 foregoing is true and correct. 18 Executed at Oakland, California, on June)’ /, 2005. 19 20 él A web Mt. 21 J@ANNE PERRI al 22 23 23404\333023 24 25 26 27 28 BOORNAZIAN, ENSEN & GARTHE 595 12°" STREET SUITE 1800 OAKLAND, GA 94607 PROOF OF SERVICE (510) 834-4350