Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address}. FOR CQURT USE ONLY
William R. Johnson (State Bar No. 185111) wichnson@wshblaw.com : i
lerjit K. Rubio (State Bar No. 298876) hrubio@wshblaw.com : -
(OOD, SMITH, HENNING & BERMAN LLP - o
21804 Cactus Avenue, Suite 200 23 JU 3 PH 3 26
Riverside, California 92518-3010 ‘
IPhone: 951 779 5000 ¢ Fax: 951 755 1650
Attorneys for Defendants, GOLDEN ACRES HOME AND CARE I], MARIVIC
LOPEZ
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
sTReET aopress: 180 E Weber Ave
ciry aNb zie cove: Stockton CA 95202
BRaNcH NAME: Stockton Courthouse
PLAINTIFF/PETITIONER: JOSHUA EDMONDSON, etc., et al.
DEFENDANT/RESPONDENT: GOLDEN ACRES HOME AND CARE 11, et al.
CASE MANAGEMENT STATEMENT case ne
(Check one): [% UNLIMITEDCASE (1 __LIMITED CASE STK-CV-UPI-2018-3537
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: July 29, 2019 Time: 8:30 A.M. Dept: 10A Div: Room:
Address of court (if different from the address above):
Notice of Intent to Appear by Telephone, by (name): Herjit K. Rubio.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1, Party or parties (answer one):
a. Bd This statement is submitted by party (name): Defendants, Golden Acres Home and Care II, Marivic Lopez
b. [1 This statement is submitted jointly by parties (names):
2, Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)
a. The complaint was fited on (date): 3/27/2018
b. [1 The cross-complaint, if any, was filed on (date):
3. Service (fo be answered by plaintiffs and cross-complainants only)
a. [1 Allparties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. [2 The following parties named in the complaint or cross-complaint
(1) (1 have not been served (specify names and explain why not):
(2) [1 _ 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. C] The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Typeofcase in EX] complaint C1 cross-complaint (Describe, including causes of action):
Elder Abuse, Wrongful Death.
Paget of8
rote Counc tlerta CASE MANAGEMENT STATEMENT ol Fe of cout
CM-150 (Rov. July 1, 2011]
LEGAL:10399-0044/12064175.1
BY FAXCM-110
a ‘CASE NUMBER:
L_ PLAINTIFF/PETITIONER: JOSHUA EDMONDSON, etc., et al. STI-CV-UPI-2018-3537
DEFENDANT/RESPONDENT: GOLDEN ACRES HOME AND CARE ll, et al.
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 last eamings. if equitable relief is sought, describe the nature of the relief.)
This claim arises from the suicide of Joshua Edmondson on March 27, 2017 in Stockton, California, The
decedent's mother, Terri Pierce-Jenson alleges that the decedent was not appropriately supervised or monitored,
and was allowed to leave Defendant's facility unattended, resulting in his death.
1 (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. EX ajurytrial [1] anonjurytrial, —_(/f more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. [1 Thetriat 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 fillng of the complaint (if
not, explain):
¢. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
Trials set in 2019: August 26; October 7, 15, 25. Trial set in 2020: January 6, 27, April 2, 6, May 26.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 20 - 30 days
b. [1 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 [1] by the following:
a. Attorney:
b, Firm:
c, Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
0 Additional representation is described in Attachment 8.
9. Preference
(1 _s 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 RI has (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 1 has 7 has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) (0 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit,
(2) (1 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) C1 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
v0 Rev dy 2015 CASE MANAGEMENT STATEMENT Page 201
LEGAL:10390-0044/12064175,.1 American Legale, Inc.
BY FAXcM-110
PLAINTIFF/PETITIONER: JOSHUA EDMONDSON, etc., et al.
IDEFENDANT/RESPONDENT: GOLDEN ACRES HOME AND CARE II, et al.
CASE NUMBER:
STK-CV-UPI-2018-3537
10. c. Indicate the ADR process or processes thal 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 | !f 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 (affach a copy of the parties’ ADR
processes (check ail that apply): | stipulation):
(4) Mediation Ls]
Mediation session not yet scheduled
Mediation session scheduled for (date):
Agreed ta complete mediation by (date):
Mediation completed on (date):
(2) Settlement B
conference
Settlement conference not yet scheduled
Settlement conference scheduled for (date):
Agreed ta complete settlement conference by (date) :
Settlement conference completed on (date):
(3) Neutral evaluation Oo
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (dafe):
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
(4) Nonbinding judicial Oo
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 oO
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): Oo
OOHOOO/OBOOOJOOOO;OOCORAO;OOOUB;/OOOn
ADR session nat yet scheduled
ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
(CM 10 (Rov, July 1, 2041] CASE MANAGEMENT STATEMENT
LEGAL:10390-0044/12064175.1
Page 3 of 5
Legainer, Ine. @
soe EomublarkEle.com
BY FAXCM-110
PLAINTIFF/PETITIONER: JOSHUA EDMONDSON, etc., et al.
‘CASE NUMBER:
| STK-CV-UPI-2018-3537
DEFENDANT/RESPONDENT: GOLDEN ACRES HOME AND CARE I, et al.
11. Insurance
a. BJ Insurance carrier, if any, for party filing this statement (name): York Risk Services Group, Inc.
b. Reservation of rights!) [EJ Yes 1 No
c. [] 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.
[1 Bankruptey [1 Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. [J There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[1] Additional cases are described in Attachment 13a.
b. [1 Amotionto [1 consolidate [] coordinate will be filed by (name party):
14. Bifurcation
(1 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
‘The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
TBD
BY FAX
16. Discovery
a. (C1 The party or parties have completed all discovery.
b 1 The following discovery will be completed by the date specified (describe ail anticipated discovery):
Party Description Date
Defendants Written Discovery Per Code
Defendants Depositions Per Code
Defendants. Expert Discovery Per Code
c. (J The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CHO Rev, Jay 1.2001 CASE MANAGEMENT STATEMENT Pane dof
LEGAL:10390-0044/12084175.1
wow FormsWorkE]ow.conCM-110
PLAINTIFF/PETITIONER: JOSHUA EDMONDSON, etc., et al.
| DEFENDANT/RESPONDENT: GOLDEN ACRES HOME AND CARE II, et al. ,
‘CASE NUMBER:
STK-CV-UPI-2018-3537
17. Economic litigation
a. [1 This is a limited civil case (j.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. (1 This is a fimited 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
(1 The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
19. Meetand 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): __-0-
| 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: July 3 , 2019
HERMIT K, RUBIO. > /Pofd.
7,
(TYPE OR PRINT NAME} / y prow OF PARTY OR ATTORNEY)
»
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
LC Additional signatures are attached.
CMe110 Rev. Jy 4, 2094] CASE MANAGEMENT STATEMENT
LEGAL:10390-0044/12084175.1
Pages ofS
new Forms WorkFlow.com
BY FAX.Atiomeys at Law
21804 CACTUS AVENUE, SUITE 200
RIVERSIDE, CALIFORNIA 92518-3010
TELEPHONE 951779 S000 # FAX 951 755 1650,
‘WOOD, SMITH, HENNING & BERMAN LLP
PROOF OF SERVICE
I am employed in the County of Riverside, State of California. I am over the age of
eighteen years and not a party to the within action. My business address is 21804 Cactus Avenue,
Suite 200, Riverside, CA 92518-3010,
On July 3, 2019, I served the following document(s) described as CASE
MANAGEMENT STATEMENT on the interested parties in this action as follows:
SEE ATTACHED SERVICE LIST
BY MAIL: I placed true copies of the foregoing document(s) enclosed in sealed
envelopes addressed as shown on the Service List. I am “readily familiar” with Wood, Smith,
Henning & Berman’s practice for collecting and processing correspondence for mailing with the
United States Postal Service. Under that practice, it would be deposited with the United States
Postal Service that same day in the ordinary course of business. Such envelope(s) were placed for
collection and mailing with postage thereon fully prepaid at Riverside, California, on that same
day following ordinary business practices.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on July 3, 2019, at Riverside, California.
Carlin
BY FAXWOOD, SMITH, HENNING & BERMAN LLP.
Attorneys at Lew
RIVERSIDE, CALIFORNIA 92518-2010
‘TELEPHONE 9517795000 ¢ FAX 951 755 1650
21804 CACTUS AVENUE, SUITE 200
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SERVICE LIST
Edmondson vy, Golden Acres Home And Care II, et al.
STK-CV-UPI-2018-3537
Ashley R. Amerio, Esq.
Jeffrey Fetterick, Esq.
Stephen F. Davids, Esq.
Amerio Law Firm P.C.
1640 Lead Hill Boulevard
Suite 220
Roseville, CA 95661
Tel: (916) 419-1111/Fax: 888-909-0977
Email: ashley@ameriolaw.com
Email: jeff@ameriolaw.com
Email: stephen@ameriolaw.com
Email: stephanie@ameriolaw.com
Attornevs for Plaintiff. TERRI PIERCE
2-
BY FAX.