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BP BO ~— NAAE
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
BRIAN K. ROSS, ESQ. (SBN 163940)
. LAW OFFICES OF BRIAN K. ROSS
1124 EAST 14TH STREET, SUITE B
SAN LEANDRO, CALIFORNIA 94577
TELEPHONE NO.: 510.483.3900 FAX NO. (Optional: 510.483.3903
E-MAIL ADDRESS (Optional): bkrlaw@hotmial.com
ATTORNEY FOR (Name): HEIDI OATIS
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
STREET ADDRESS: 24405 AMADOR STREET
mains Aporess: 24405 AMADOR STREET
city anozipcops: HAYWARD, CALIFORNIA 94544
prancH name. HAYWARD HALL OF JUSTICE
PLAINTIFF/PETITIONER: HEIDI OATIS
DEFENDANT/RESPONDENT: A PERFECT DAY SPA, ET AL.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE [_] LIMITED CASE HG08425849
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: 05-04-2009 Time: 9:00 AM Dept.: 25 Div.: Room:
Address of court (if different from the address above):
1221 OAK STREET, OAKLAND, CA 94612
[__] Notice of Intent to Appear by Telephone, by (name):
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): HEIDI OATIS
b. [__] 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): 12-17-08
b. LJ] The cross-compiaint, 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-complaint
(1) LJ] 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. L_] 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 L__] cross-complaint (Describe, including causes of action):
SEXUAL ASSAULT & BATTERY.
Page 1 of 4
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730
CM-110 (Rev. January 1, 2009] www.courtinfo.ca.gov
American LegalNet, Inc.
www. FormsWorkfiow.com
“9
CM-110
CASE- NUMBER:
PLAINTIFF/PETITIONER: HEIDI OATIS
YDEFENDANT/RESPONDENT: A PERFECT DAY SPA, ET AL. HG08425849
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
eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.)
OATIS WAS SEXUALLY ASSAULTED AND BATTERED WHILE UNCONSCIOUS BY AN
EMPLOYEE AT DEFENDANT "A PERFECT DAY SPA."
L_] (ifmore space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial ;
The party or parties request [¥ ] ajurytrial [__] anonjurytrial. (if more than one party, provide the name of each party
requesting a jury tral):
6. Trial date
a. L__] 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 compiaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
DUE TO OTHER COMMITMENTS OF OATIS' COUNSEL, PLEASE DO NOT SET UNTIL
AFTER OCTOBER 1, 2009.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a, days (specify number): 3-5
b. [_] hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial © by the attorney or party listed in the caption [__] by the following:
Attorney:
o-ooo®
Firm:
Address:
Telephone number:
Fax number:
E-mail address:
Party represented:
ro 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 has [L_] hasnot provided the ADR information package identified in rule 3.221 to the client and has
reviewed ADR options with the client.
b. L_Jal 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 1, 2009] Page 2 of 4
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: HEIDI OATIS CASE NUMBER:
HG08425849
|DEFENDANT/RESPONDENT: A PERFECT DAY SPA, ET AL.
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 3.822)
(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 3.822)
(4) [__] Binding judicial arbitration
(5) C4 Binding private arbitration
(6) (__] Neutral case evaluation
(7) [_] Other (specify):
e. L__] 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. (_] This case is exempt from judicial arbitration under rule 3.811 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):
12. Insurance
a. ([__] Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights. [__] Yes [__] No
c CL) 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.
C Bankruptcy [J 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:
L_] Additional cases are described in Attachment 14a.
b. L__] Amotion to [—] consolidate [_] coordinate will be filed by (name party):
15. Bifurcation
L_} 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
L__] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
CM-116 [Rev. January 1, 2009] Page 3 of 4
CASE MANAGEMENT STATEMENT
CM-110
PLAINTIFF/PETITIONER: HEIDI OATIS CASE NUMBER:
|DEFENDANT/RESPONDENT: A PERFECT DAY SPA, ET AL. HG08425849
17. Discovery
a. L_] 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
OATIS FORM INTERROGATORIES MAY 2009
SPECIAL INTERROGATORIES MAY 2009
REQUESTS FOR PRODUCTION MAY 2009
REQUESTS FOR ADMISSIONS MAY 2009
DEPOSITIONS OF DEFENDANTS JULY 2009
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. L__] 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. 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 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: 04-15-2009
BRIAN K. ROSS, ESQ. >
(TYPE OR PRINT NAME) (Mowe OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[] Additional signatures are attached.
CM-110 [Rev. January 1, 2009]
CASE MANAGEMENT STATEMENT Page 4 of 4
PROOF OF SERVICE BY MAIL
I am a citizen of the United States and employed in the County of Alameda, I am
over the age of 18 and not a party to the within action. My business address is 1124 East 14th
Street, Suite B, San Leandro, California.
On April 17, 2009, I served the within document(s) described as:
Oatis’ Case Management Statement
on the interested parties in said action by placing a true copy thereof, enclosed in a sealed
envelope with postage thereon fully prepaid , in the United States Post Office mailbox at San
Leandro, California, addressed as follows:
Richard Wahng, Esq.
10 LAW OFFICES OF RICHARD C.J. WAHNG
152 Anza Street, Suite 201
11
Fremont, California 94539
I am familiar with the business practice of The Law Offices of Brian K. Ross with
13 regard to collection and processing of documents for mailing with the United States Postal
Service. The documents described above were sealed and placed for collection and mailing
14
on the date stated below. Pursuant to said business practices, documents are deposited with
15 the United States Postal Service in San Leandro, California, that same day in the ordinary
course of business.
16
17
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and that this declaration was executt ril,P7, 2009, at San
18 Leandro, California. /
19 f ~
v
20
BRIAN K. ROSS, ESQ.
PROOF OF SERVICE BY MAIL
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BP BO ~— NAAE ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): BRIAN K. ROSS, ESQ. (SBN 163940) . LAW OFFICES OF BRIAN K. ROSS 1124 EAST 14TH STREET, SUITE B SAN LEANDRO, CALIFORNIA 94577 TELEPHONE NO.: 510.483.3900 FAX NO. (Optional: 510.483.3903 E-MAIL ADDRESS (Optional): bkrlaw@hotmial.com ATTORNEY FOR (Name): HEIDI OATIS SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA STREET ADDRESS: 24405 AMADOR STREET mains Aporess: 24405 AMADOR STREET city anozipcops: HAYWARD, CALIFORNIA 94544 prancH name. HAYWARD HALL OF JUSTICE PLAINTIFF/PETITIONER: HEIDI OATIS DEFENDANT/RESPONDENT: A PERFECT DAY SPA, ET AL. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE [_] LIMITED CASE HG08425849 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 05-04-2009 Time: 9:00 AM Dept.: 25 Div.: Room: Address of court (if different from the address above): 1221 OAK STREET, OAKLAND, CA 94612 [__] Notice of Intent to Appear by Telephone, by (name): 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): HEIDI OATIS b. [__] 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): 12-17-08 b. LJ] The cross-compiaint, 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-complaint (1) LJ] 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. L_] 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 L__] cross-complaint (Describe, including causes of action): SEXUAL ASSAULT & BATTERY. Page 1 of 4 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720-3.730 CM-110 (Rev. January 1, 2009] www.courtinfo.ca.gov American LegalNet, Inc. www. FormsWorkfiow.com “9 CM-110 CASE- NUMBER: PLAINTIFF/PETITIONER: HEIDI OATIS YDEFENDANT/RESPONDENT: A PERFECT DAY SPA, ET AL. HG08425849 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 eamings to date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) OATIS WAS SEXUALLY ASSAULTED AND BATTERED WHILE UNCONSCIOUS BY AN EMPLOYEE AT DEFENDANT "A PERFECT DAY SPA." L_] (ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial ; The party or parties request [¥ ] ajurytrial [__] anonjurytrial. (if more than one party, provide the name of each party requesting a jury tral): 6. Trial date a. L__] 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 compiaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): DUE TO OTHER COMMITMENTS OF OATIS' COUNSEL, PLEASE DO NOT SET UNTIL AFTER OCTOBER 1, 2009. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a, days (specify number): 3-5 b. [_] hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial © by the attorney or party listed in the caption [__] by the following: Attorney: o-ooo® Firm: Address: Telephone number: Fax number: E-mail address: Party represented: ro 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 has [L_] hasnot provided the ADR information package identified in rule 3.221 to the client and has reviewed ADR options with the client. b. L_Jal 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 1, 2009] Page 2 of 4 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: HEIDI OATIS CASE NUMBER: HG08425849 |DEFENDANT/RESPONDENT: A PERFECT DAY SPA, ET AL. 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 3.822) (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 3.822) (4) [__] Binding judicial arbitration (5) C4 Binding private arbitration (6) (__] Neutral case evaluation (7) [_] Other (specify): e. L__] 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. (_] This case is exempt from judicial arbitration under rule 3.811 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): 12. Insurance a. ([__] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights. [__] Yes [__] No c CL) 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. C Bankruptcy [J 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: L_] Additional cases are described in Attachment 14a. b. L__] Amotion to [—] consolidate [_] coordinate will be filed by (name party): 15. Bifurcation L_} 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 L__] The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): CM-116 [Rev. January 1, 2009] Page 3 of 4 CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: HEIDI OATIS CASE NUMBER: |DEFENDANT/RESPONDENT: A PERFECT DAY SPA, ET AL. HG08425849 17. Discovery a. L_] 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 OATIS FORM INTERROGATORIES MAY 2009 SPECIAL INTERROGATORIES MAY 2009 REQUESTS FOR PRODUCTION MAY 2009 REQUESTS FOR ADMISSIONS MAY 2009 DEPOSITIONS OF DEFENDANTS JULY 2009 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. L__] 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. 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 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: 04-15-2009 BRIAN K. ROSS, ESQ. > (TYPE OR PRINT NAME) (Mowe OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [] Additional signatures are attached. CM-110 [Rev. January 1, 2009] CASE MANAGEMENT STATEMENT Page 4 of 4 PROOF OF SERVICE BY MAIL I am a citizen of the United States and employed in the County of Alameda, I am over the age of 18 and not a party to the within action. My business address is 1124 East 14th Street, Suite B, San Leandro, California. On April 17, 2009, I served the within document(s) described as: Oatis’ Case Management Statement on the interested parties in said action by placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid , in the United States Post Office mailbox at San Leandro, California, addressed as follows: Richard Wahng, Esq. 10 LAW OFFICES OF RICHARD C.J. WAHNG 152 Anza Street, Suite 201 11 Fremont, California 94539 I am familiar with the business practice of The Law Offices of Brian K. Ross with 13 regard to collection and processing of documents for mailing with the United States Postal Service. The documents described above were sealed and placed for collection and mailing 14 on the date stated below. Pursuant to said business practices, documents are deposited with 15 the United States Postal Service in San Leandro, California, that same day in the ordinary course of business. 16 17 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executt ril,P7, 2009, at San 18 Leandro, California. / 19 f ~ v 20 BRIAN K. ROSS, ESQ. PROOF OF SERVICE BY MAIL