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ATTORNEY OF! PARTY WITHOUT ATTORNEY (Name, Qe and r
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|_asitress:
NINA M. PATANE, ESQ. SBN157079
PATANE GUMBERG, LLP
4 ROSSI CIRCLE, SUITE 231
SALINAS, CA 93907
TetepHONENO: (831) 755-1461 FAX NO.(Optionay: (831) 755-1477 FILE
E-MAIL ADDRESS (Optima): Npatane@pglawfirm.com ALAM
ATTORNEY FOR (Name): CATRE MEDICAL SYSTEMS, INC. EDA COUNTY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA MAR 0 5 2008
sTREETADDREss: 1225 FALLON STREET
MAILING ADDRESS: CLER OF THE SUPERIOR
ciryanpzipcope: OAKLAND, CA 94612 By__f COURT.
BRANCH NAME: ALAMEDA ra : “Deputy
PLAINTIFF/PETITIONER: PACIFIC SERVICE MUTUAL
TNSURANCE COMPANY
DEFENDANT/RESPONDENT: APRIA HEALTHCARE, INC. and
CATRE MEDICAL SYSTEMS, INC.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): [XJ UNLIMITED CASE (J LIMITED CASE RG06286829
(Amount demanded (Amount demanded fs $25,000
exceeds $25,000) or less) MACLAREN
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date. March 24, 2008 Time: 9:00 Dept. D-301 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): Defendant, Caire Medical Systems, Inc.
b. [CJ] 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) :
b. (] The cross-complaint, if any, was filed on (date) :
3. Service (fo be answered by plaintiffs and cross-complainants only)
a. [J] All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
b. (C] The following parties named in the complaint or cross-compliaint
(1) (0) have not been served (specify names and explain why not):
(2) LJ have been served but have not appeared and have not been dismissed (specify names) :
(3) (C) have had a default entered against them (specify names):
c. [J 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. Typeofcasein [Xx] complaint [LJ cross-complaint (describe, including causes of action):
General Negligence and Product Liability.
Page 1 of 4
Form Adopted for Mandatory Use A Cal. Rules of Court,
udisfat Council of California 63 MartiuDean’s CASE MANAGEMENT STATEMENT tule 3.720-3.730
CM-110 [Rev. January 1, 2007] ESSENTIAL FORMS” www. courtinfo.ca.gov
Chart-Caire
CM-110
PLAINTIFF/PETITIONER: PACTFIGRENY TCE e NUMBER:
06286829
£
| DEFENDANT/RESPONDENT: Apria Healthcare, Inc., Caire Medical Systems
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.)
Plaintiffs allege that Defendants negligently designed,
manufactured, sold, leased and maintained and serviced oxygen
cylinders which resulted in a fire causing extensive property damage
to an apartment building located in Alameda, California insured by
Plaintiff.
CJ (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 ca a jury trial LJ anonjury trial (if more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
[LX] The trial has been set for (date): June 16, 2008
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):
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. [CX] days (specify number): 4-5 days
b. [)} hours (short causes) (specify) :
8. Trial representation (fo be answered for each party)
The party or parties will be represented at trial [CQ by the attorney or party listed in the caption (J by the following:
Attorney:
amreggorp
Firm:
Address:
Telephone number:
Fax number:
E-mail address:
Party represented:
(-} Additional representation is described in Attachment 8.
9. Preference
(] This case is entitled to preference (specify code section):
10. Alternative Dispute Resolution (ADR)
a. Counsel [XJ has [C] hasnot provided the ADR information package identified in rule 3.221 to the client and has
reviewed ADR options with the client.
b. (XJ All parties have agreed to a form of ADR. ADR will be completed by(date): April 10, 2008
(-} The case has gone to an ADR process (indicate status):
CM-110 [Rev. January 1, 2007] CASE MANAGEMENT STATEMENT Page 2 of 4
as) Martin Dear’s
ESSENTIAL FORMS™ .
Chart-Caire
CM-110
PLAINTIFF/PETITIONER: ‘PACIF I@QSERVICE MUTUAL ates
cs
Zz DEFENDANT/RESPONDENT: Apria Healthcare, Inc., Caire Medical Systems 06286829
10. d. The party or parties are willing to participate in (check aif that apply):
(1) [XJ Mediation
(2) [CQ] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 3.822)
(3) [J 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 3.822)
(4) [CJ Binding judicial arbitration
(5) (CQ Binding private arbitration
(6) (A) Neutral case evaluation
(7) CX Other (specify) : Mediation will be conducted on April 10, 2008.
e. [J This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit.
f. [] 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. [J This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption):
11. Settlement conference
CX] The party or parties are willing to participate in an early settlement conference (specify when):
May 2008
12. Insurance
a. (CJ) Insurance carrier, if any, for party filing this statement(name): None.
b. Reservation of rights: Cy Yes [J No
c. [J] 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.
(J Bankruptcy [) Other (specify):
Status:
14. Related cases, consolidation, and coordination
a. {C] There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[J Additional cases are described in Attachment 14a. ;
b. [J Amotionto [CJ consolidate [J 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
CX] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Defendant Caire Medical Systems, Inc. intends to file a motion to compel inspection of oxygen
cylinders for purposes of destructive testing. Additionally, Defendant Caire reserves the right
to file any pre-trial motions in limine.
CM-110 [Rev. January 1, 2007] ; CASE MANAGEMENT STATEMENT Page 3 of 4
es) Martin Dean's
ESSENTIAL FORMS™ Chart-Caire
CM-110
‘ PLAINTIFF/PETITIONER: “Pacifi ¢ He Mutual Insurance Company Qe
©: 6286829
| DEFENDANT/RESPONDENT: Apria Healthcare, Inc., Caire Medical Systems
17. Discovery
a. (J The party or parties have completed all discovery.
b. [X] The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Defendant Caire Deposition of PMK at PSMI March 2008
Defendant Caire Inspection of cylinders for purposes
of destructive testing March 2008
[CX] The following discovery issues are anticipated (specify):
Plaintiff objects to Defendant's ability to perform destructive
testing.
18. 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 through 98 will apply to this case.
b. [J 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 (## 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. [CC] 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) :
21. Case management orders
Previous case management orders in this case are(check one): [J none [.) attached as Attachment 21.
22. Total number of pages attached (if any): 0
{| am 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 tiie o the case management
conference, including the written authority of the party where required. °
Date: March 4, 2008
ANDREA C. AVTRA
(TYPE OR PRINT:NAME) oka
(STBNATURE |
OF PARTY OR ATTORNEY)
/
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(CJ Additional signatures are attached
CM-110 [Rev. January 1, 2007] CASE MANAGEMENT STATEMENT Page 4 of 4
Chart-Caire
~ PROOF
OF SERVICE
STATE OF CALIFORNIA -- COUNTY OF MONTEREY
PO
I declare that Iam employed in the County of Monterey, State of California. Iam
WO
over the age of eighteen years and not a party to the within cause; my business address is Patane °
FF
Gumberg, 4 Rossi Circle, Suite 231, Salinas, California 93907.
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On March 4, 2008, I served the foregoing document(s) described as:
Dn
CASE MANAGEMENT STATEMENT
NY
wo
C) BY FACSIMILE - By transmitting via facsimile the document(s) listed above to the
fax number(s) set forth below on this date from 4 Rossi Circle, Suite 231, Salinas,
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California 93907. The transmitting facsimile machine telephone number is 831-
755-1477. A transmission report was properly issued by the transmitting facsimile
OO
machine, and a copy of said transmission report is attached hereto.
KF
ie
(X) BY MAIL - By placing the documents listed above in a sealed envelope, addressed
NY
as set forth below. I am readily familiar with the firm's practice for the collection
and processing of correspondence. Under that practice it would be deposited with
WO
U.S. POSTAL SERVICE on that same day with postage thereon fully prepaid at
HR
Salinas, California, in the ordinary course of business. I am aware that on motion
of the party served, service is presumed invalid if postal cancellation date or
WH
postage meter date is more than one day after date of deposit for mailing in
affidavit.
HD
HD
0) BY PERSONAL SERVICE - By personally delivering the document(s) listed above
to the person(s) or other proper person(s) at the address(es) set forth below.
moO
Sam Phillips, Esq. James W. Peel, Esq,
Oo
ROR
Borton Petrini, LLP Peel, Garcia & Stamper, LLP
95 South Market St., Suite 400 3585 W. Beechwood, Suite 101
OF
San Jose, CA 95103 Fresno, CA 93711
DO
F&
I declare under penalty of perjury under the laws of the State of California that the
LDP
DD
foregoing is true and correct.
YH
DB
FP
Executed on March 4, 2008, at Salinas, California.
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Case Management Statement
Preview
ing a ATTORNEY OF! PARTY WITHOUT ATTORNEY (Name, Qe and r we |_asitress: NINA M. PATANE, ESQ. SBN157079 PATANE GUMBERG, LLP 4 ROSSI CIRCLE, SUITE 231 SALINAS, CA 93907 TetepHONENO: (831) 755-1461 FAX NO.(Optionay: (831) 755-1477 FILE E-MAIL ADDRESS (Optima): Npatane@pglawfirm.com ALAM ATTORNEY FOR (Name): CATRE MEDICAL SYSTEMS, INC. EDA COUNTY SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA MAR 0 5 2008 sTREETADDREss: 1225 FALLON STREET MAILING ADDRESS: CLER OF THE SUPERIOR ciryanpzipcope: OAKLAND, CA 94612 By__f COURT. BRANCH NAME: ALAMEDA ra : “Deputy PLAINTIFF/PETITIONER: PACIFIC SERVICE MUTUAL TNSURANCE COMPANY DEFENDANT/RESPONDENT: APRIA HEALTHCARE, INC. and CATRE MEDICAL SYSTEMS, INC. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): [XJ UNLIMITED CASE (J LIMITED CASE RG06286829 (Amount demanded (Amount demanded fs $25,000 exceeds $25,000) or less) MACLAREN A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date. March 24, 2008 Time: 9:00 Dept. D-301 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): Defendant, Caire Medical Systems, Inc. b. [CJ] 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) : b. (] The cross-complaint, if any, was filed on (date) : 3. Service (fo be answered by plaintiffs and cross-complainants only) a. [J] All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed. b. (C] The following parties named in the complaint or cross-compliaint (1) (0) have not been served (specify names and explain why not): (2) LJ have been served but have not appeared and have not been dismissed (specify names) : (3) (C) have had a default entered against them (specify names): c. [J 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. Typeofcasein [Xx] complaint [LJ cross-complaint (describe, including causes of action): General Negligence and Product Liability. Page 1 of 4 Form Adopted for Mandatory Use A Cal. Rules of Court, udisfat Council of California 63 MartiuDean’s CASE MANAGEMENT STATEMENT tule 3.720-3.730 CM-110 [Rev. January 1, 2007] ESSENTIAL FORMS” www. courtinfo.ca.gov Chart-Caire CM-110 PLAINTIFF/PETITIONER: PACTFIGRENY TCE e NUMBER: 06286829 £ | DEFENDANT/RESPONDENT: Apria Healthcare, Inc., Caire Medical Systems 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.) Plaintiffs allege that Defendants negligently designed, manufactured, sold, leased and maintained and serviced oxygen cylinders which resulted in a fire causing extensive property damage to an apartment building located in Alameda, California insured by Plaintiff. CJ (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 ca a jury trial LJ anonjury trial (if more than one party, provide the name of each party requesting a jury trial): 6. Trial date [LX] The trial has been set for (date): June 16, 2008 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [CX] days (specify number): 4-5 days b. [)} hours (short causes) (specify) : 8. Trial representation (fo be answered for each party) The party or parties will be represented at trial [CQ by the attorney or party listed in the caption (J by the following: Attorney: amreggorp Firm: Address: Telephone number: Fax number: E-mail address: Party represented: (-} Additional representation is described in Attachment 8. 9. Preference (] This case is entitled to preference (specify code section): 10. Alternative Dispute Resolution (ADR) a. Counsel [XJ has [C] hasnot provided the ADR information package identified in rule 3.221 to the client and has reviewed ADR options with the client. b. (XJ All parties have agreed to a form of ADR. ADR will be completed by(date): April 10, 2008 (-} The case has gone to an ADR process (indicate status): CM-110 [Rev. January 1, 2007] CASE MANAGEMENT STATEMENT Page 2 of 4 as) Martin Dear’s ESSENTIAL FORMS™ . Chart-Caire CM-110 PLAINTIFF/PETITIONER: ‘PACIF I@QSERVICE MUTUAL ates cs Zz DEFENDANT/RESPONDENT: Apria Healthcare, Inc., Caire Medical Systems 06286829 10. d. The party or parties are willing to participate in (check aif that apply): (1) [XJ Mediation (2) [CQ] Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 3.822) (3) [J 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 3.822) (4) [CJ Binding judicial arbitration (5) (CQ Binding private arbitration (6) (A) Neutral case evaluation (7) CX Other (specify) : Mediation will be conducted on April 10, 2008. e. [J This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit. f. [] 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. [J This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court (specify exemption): 11. Settlement conference CX] The party or parties are willing to participate in an early settlement conference (specify when): May 2008 12. Insurance a. (CJ) Insurance carrier, if any, for party filing this statement(name): None. b. Reservation of rights: Cy Yes [J No c. [J] 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. (J Bankruptcy [) Other (specify): Status: 14. Related cases, consolidation, and coordination a. {C] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [J Additional cases are described in Attachment 14a. ; b. [J Amotionto [CJ consolidate [J 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 CX] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant Caire Medical Systems, Inc. intends to file a motion to compel inspection of oxygen cylinders for purposes of destructive testing. Additionally, Defendant Caire reserves the right to file any pre-trial motions in limine. CM-110 [Rev. January 1, 2007] ; CASE MANAGEMENT STATEMENT Page 3 of 4 es) Martin Dean's ESSENTIAL FORMS™ Chart-Caire CM-110 ‘ PLAINTIFF/PETITIONER: “Pacifi ¢ He Mutual Insurance Company Qe ©: 6286829 | DEFENDANT/RESPONDENT: Apria Healthcare, Inc., Caire Medical Systems 17. Discovery a. (J The party or parties have completed all discovery. b. [X] The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendant Caire Deposition of PMK at PSMI March 2008 Defendant Caire Inspection of cylinders for purposes of destructive testing March 2008 [CX] The following discovery issues are anticipated (specify): Plaintiff objects to Defendant's ability to perform destructive testing. 18. 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 through 98 will apply to this case. b. [J 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 (## 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. [CC] 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) : 21. Case management orders Previous case management orders in this case are(check one): [J none [.) attached as Attachment 21. 22. Total number of pages attached (if any): 0 {| am 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 tiie o the case management conference, including the written authority of the party where required. ° Date: March 4, 2008 ANDREA C. AVTRA (TYPE OR PRINT:NAME) oka (STBNATURE | OF PARTY OR ATTORNEY) / (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (CJ Additional signatures are attached CM-110 [Rev. January 1, 2007] CASE MANAGEMENT STATEMENT Page 4 of 4 Chart-Caire ~ PROOF OF SERVICE STATE OF CALIFORNIA -- COUNTY OF MONTEREY PO I declare that Iam employed in the County of Monterey, State of California. Iam WO over the age of eighteen years and not a party to the within cause; my business address is Patane ° FF Gumberg, 4 Rossi Circle, Suite 231, Salinas, California 93907. Vu On March 4, 2008, I served the foregoing document(s) described as: Dn CASE MANAGEMENT STATEMENT NY wo C) BY FACSIMILE - By transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date from 4 Rossi Circle, Suite 231, Salinas, oO California 93907. The transmitting facsimile machine telephone number is 831- 755-1477. A transmission report was properly issued by the transmitting facsimile OO machine, and a copy of said transmission report is attached hereto. KF ie (X) BY MAIL - By placing the documents listed above in a sealed envelope, addressed NY as set forth below. I am readily familiar with the firm's practice for the collection and processing of correspondence. Under that practice it would be deposited with WO U.S. POSTAL SERVICE on that same day with postage thereon fully prepaid at HR Salinas, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or WH postage meter date is more than one day after date of deposit for mailing in affidavit. HD HD 0) BY PERSONAL SERVICE - By personally delivering the document(s) listed above to the person(s) or other proper person(s) at the address(es) set forth below. moO Sam Phillips, Esq. James W. Peel, Esq, Oo ROR Borton Petrini, LLP Peel, Garcia & Stamper, LLP 95 South Market St., Suite 400 3585 W. Beechwood, Suite 101 OF San Jose, CA 95103 Fresno, CA 93711 DO F& I declare under penalty of perjury under the laws of the State of California that the LDP DD foregoing is true and correct. YH DB FP Executed on March 4, 2008, at Salinas, California. WD NO UU Sdn Vcr 00 NO NN NO /{M KIMBALL ao Do -1- Case Management Statement