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10, OCMC Sept 11 Ryan CMC Sept 11 Ryan Page 2 of 8 2019-08-31 00:45:08 (GMT) 14152761936 From: Thomas Purtell
M110
ATTORNEY OR PSRTY WITHOUT ATTORNEY (Wame, State Bar nuriber, and adicressh: rFI LE D BY E- DE LIVE RYO
Thomas W, J. Purtell, Esq. (SBN 229961) | ALAMEDA COUNTY.
The Law Offices of Thames W. J. Purtell . 7 September 03, 2019
534 Pacific Ave., Suite 200, San Francisco, CA 94133 CLERK OF
recepHone NO. 445-722-8291 FAX NO. (Optional
44 §-844-5591 THE SUPERIOR COURT
E-MAIL ADDRESS (Optional: tpurtell@thomaswipurtell-law.com By Keisha Ghee, Deputy
ATTORNEY FOR vane!’ Plaintiff Kristen Ryan ; CASE NUMBER:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda RG19016925
streer aporess. 1221 Oak St.
MAILING ADDRESS. 4294 Oak St.
ery ano ziP COOK Oakland, CA 04612
BRANCH NAME: (Siyi}
PLAINTIFF/PETITIONER: Kristen Ryan
DEFENDANT/RESPONDENT: Carlos Ferreira; Steven Gibson; and Kurt Rhodes
CASE MANAGEMENT STATEMENT CAGE NUMBER:
(Check one): UNLIMITED CASE (] uawiren case RG19016925
(Amount demanded {Amount demanded is. $25,000
exceeds $25,000) or less)
ACGASE MANAGEMENT CONFERENCE is scheduled as follows: -
Date:. September 141, 2019 Time; 3:00 p.m. ' Dept: 22 Div. Room:
Address of court (f different from the address above):
[77] Notice of intent to Appear by Telephone, by (name): Thomas W..J.. Purtell, Esq.
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1... Party or parties (answer one): :
C7] - This statement is submitted by party (name): Plaintiff Kristen Ryan
b. [=] This statement is submitted jointly by parties (names): .
2. -Compiaint and cross-complaint (fo.6e answered by plaintiffs and.cross-complainants only)
a. The complaint was filed on (date): April 29,2019. |” .
b. [22] ‘The cross-complaint, if any, was filed on (date):
3. - Service (tobe answered by plaintiffs and cross-complainants only)
a. (7) an } parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b, fd The following parties named in the complaint or cross-complaint
CB cI have not been served (specify names and explain why not):
| have been served but have not appeared and have not been dismissed (specify names):
(3) CX]. have-had a default entered against them (specify names):
co. (ZT) the foil lowing additional parties may be added (speciiy names, nature of involvernent incase,
i and date by which
iheyonay be served):
4. Description of case
a. Type of. case in. [7] - complaint Cc cross-complaint (Describe, including causes of action):
Negligence, Strict Liability, Personal Injury.
Pagetof 8
"Fam Adopted for andalony Use CASE MANAGEMENT STATEMENT . Sal, Rules of Court,
Judicial Councit of Calfarmia = . ndes 3.720-3.730,
Q Rev daly 1. 204 4y . WH. courts. ca. gay
(10. CMC sept 11 Ryan CMC Sept 11 Ryan Page 3 of 8 2019-08-31 00:45:08 (GMT) 14152761936 From: Thomas Purtell
CM-110
PLAINTIFF/PETITIONER: Kristen Ryan CASE NUMBER,
. soe. . an RG19016925
DEFENDANT/RESPONDENT: Carlos Ferreira; Steven Gibson; and Kurt Rhodes
4° 6. 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 medica} expenses, lost
earnings to date, and estimated future fost eamings. Jf equitable relief is sought, describe the nature of the relief.) .
As a result of Defendants Carlos Ferreira, Steven Gibson, and Kurt Rhodes breaching a duty owed to Plaintiff
when a large German Shepard dog owned by Defendants. viciously attacked and bit Plaintiff in Oakland, CA,
Plaintif suffered severe and substantial injuries, including, but not limited to, permanent disfigurement,
permanent scarring, permanent leg injuries, anxiety, and emotional distress.
["] | df more space is needed, check this box and attach a page designated as Attachment 4b.)
Jdury-or nonjury trial -
or
The party or parties request ajury triat ClUl-@ nonjury tial. Uf more than one party, provide the name of each party
requesting a jury trial): .
Trial date
a, (77) ‘the trial has been set for (date):
bp. C71 No trial date has been set. This case will be ready for trial within 12. months of the date of the fili ing of the complaint (fF
not, expiain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons. for unavailability):
Estimated length of trial
of
The party or parties estimate that the-trial will take (check one):
a. [7] days (specify number): 3 to 5 days
bo. [XZ] pours (short causes) (speciy):
Trial rep ion (fo be & d for each party) .
The party or pariies will be represented at trial 7] by the attorney or party listed in the caption [CE] by the following:
a. . Attorney:
6, Firm:
o. . Address: .
qd. Telephone number: . f. . Fax number
a, ‘E-mail address: 9... Party represented:
[ Additional representation is described in Attachment 8.
9. Proference
~]. 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 panies represented by counsel: Counsel (4 has EXE) “has not provided the ADR information package identified
in rule 3.227 to the-client and reviewed ADR options with the client.
(2) For seffrepresented parties: Party [7] has [7] nas not reviewed the ADR information package identified in rule 3.221.
o. . Referral to judicial arbitration or civil action mediation(if available). ;
{4} This matter is Subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 of to civil action
mediation under Code of Civil Procedure section 1776.3 because the amount in cantroversy does not.exceed the
statutory lirnit.
(2) Plaintiff elects to refer this case. to judicial arbitration and agrees to limit recovery to the amount specified in Code.of
Civil Procedure section 1147.11.
(3) [ZL This case is exempt from judicial arbitration under rule'S.611 of the California Rules af Gourtor from civil action
madiation.under Code.of Civil Procedure section 1775 et seq. (specify exemption):
OM SOR a 72577 CASE MANAGEMENT STATEMENT Page dard
To: CMC sept 11 Ryan CMC Sept 11 Ryan Page 4 of 8 2019-08-31 00:45:08 (GMT) 14152761936 From: Thomas Purtell
_ CH-110
PLAINTIFF/PETITIONER: Kristen Ryan : : CASE NUMBER,
DEFENDANT/RESPONDENT: ira: Steven Gibson;
: Carlos Ferreira; ibson: and Kurt Rhodes RG19016925
10. 6. Indicate the ADR process or processes that the party or parties are wil (ling 4 participate in, have agreed to participate |in, or
. have already participated In (check aff 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. (alfach @ copy of the panies’ ADR
processes (check all that apply): | stipulation):
(XE] Mediation session not yet scheduled
a . Cw (ZX Mediation session scheduled for (date)
(1) Mediation :
. : KE] Agreed to complete mediation by (date):
[7] | Mediation completed on (cate):
[=] Settement conference not yet scheduled
(2) Settiement | wal EX] - Setiement conference scheduled for (date);
conference KE] Agreed to complete settlement conference by (date):
[XK] Settement conference completed on (date):
cm Neutral evaluation not yet scheduled
~ Cc oo Neutral evaluation scheduled for (date):
(3) Neutral evaluation .
[X=] . Agreed to complete neutral evaluation by (date):
CX] Neutral evaluation completed on (date):
oa dudicial arbitration not yet scheduled
(4) Nonbindi ing judicial Cc Cc Judicial arbitration scheduled for (date);
arbitration [=] Agreed to-complete judicial arbitration by (date):
CUT] ducicial arbitration completed on (date):
[C=] Private arbitration not yet scheduled
(6). Binding private cv y [=] Private arbitration scheduled for (date):
arbitration E21 Agrees to. complete private arbitration by (date):
(CJ. Private.arbitration completed on (date):
[2] -. ADR session not yet scheduled
cc (C1 _AbR session scheduled for (date):
(8) Other (specify): . . ; ;
[7] Agreed to complete ADR sessian by (date):
IE] ADR completed on (date):
. €M370 Rav. Juy 1 2001 5 : . Page Jor 5
CASE MANAGEMENT STATEMENT
To: CMC Sept 11 Ryan CMC Sept 11 Ryan Page 5of8 2019-08-31 00:45:08 (GMT) 14152761936 From: Thomas Purtell
CMAT10,
PLAINTIFF/PETITIONER: -. Kristen Ryan GABE NUMBER
DEFENDANT/RESPONDENT. - Carlos.Ferreira; Steven Gibson; and Kurt Rhodes - RG19016925
11. insurance
a, [C7] insurance carrier, if any, for party filing this statement (name): .
b. Reservation of rights: C=] ves [XU] No
co. ZU] coverage issues will significantly affect resclution 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.
(KEI Bankruptey 7) other (specify:
Status:
43. F cases, consolidation, and coordi
a. (_] There are.companion, underlying, or related cases.
{1} Name of-case:
(2) Name of court:
(3) Case nurnber:
(4) Status:
[1 Additional cases are described in Attachment 13a.
b. Ca Amotionto. . [_] consolidate "| coordinate will be filed by (jame party):
44, Bifurcation
[EE] -the party. or parties intend to file a motion for an order bifurcating, severing, oror coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
Cc The party or, parties expect to file the follawing motions before trial (specity moving party, typeof motion, and issues):
16. Discovery
a. [07] 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 Bate
Plaintiff Written Discovery October 2019
Plaintiff : Deposition of Defendants October 2019
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
Oh 10 (Rev. July 1, 2097] CASE MANAGEMENT STATEMENT Page
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10, OCMC Sept 11 Ryan CMC Sept 11 Ryan Page 2 of 8 2019-08-31 00:45:08 (GMT) 14152761936 From: Thomas Purtell M110 ATTORNEY OR PSRTY WITHOUT ATTORNEY (Wame, State Bar nuriber, and adicressh: rFI LE D BY E- DE LIVE RYO Thomas W, J. Purtell, Esq. (SBN 229961) | ALAMEDA COUNTY. The Law Offices of Thames W. J. Purtell . 7 September 03, 2019 534 Pacific Ave., Suite 200, San Francisco, CA 94133 CLERK OF recepHone NO. 445-722-8291 FAX NO. (Optional 44 §-844-5591 THE SUPERIOR COURT E-MAIL ADDRESS (Optional: tpurtell@thomaswipurtell-law.com By Keisha Ghee, Deputy ATTORNEY FOR vane!’ Plaintiff Kristen Ryan ; CASE NUMBER: SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda RG19016925 streer aporess. 1221 Oak St. MAILING ADDRESS. 4294 Oak St. ery ano ziP COOK Oakland, CA 04612 BRANCH NAME: (Siyi} PLAINTIFF/PETITIONER: Kristen Ryan DEFENDANT/RESPONDENT: Carlos Ferreira; Steven Gibson; and Kurt Rhodes CASE MANAGEMENT STATEMENT CAGE NUMBER: (Check one): UNLIMITED CASE (] uawiren case RG19016925 (Amount demanded {Amount demanded is. $25,000 exceeds $25,000) or less) ACGASE MANAGEMENT CONFERENCE is scheduled as follows: - Date:. September 141, 2019 Time; 3:00 p.m. ' Dept: 22 Div. Room: Address of court (f different from the address above): [77] Notice of intent to Appear by Telephone, by (name): Thomas W..J.. Purtell, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1... Party or parties (answer one): : C7] - This statement is submitted by party (name): Plaintiff Kristen Ryan b. [=] This statement is submitted jointly by parties (names): . 2. -Compiaint and cross-complaint (fo.6e answered by plaintiffs and.cross-complainants only) a. The complaint was filed on (date): April 29,2019. |” . b. [22] ‘The cross-complaint, if any, was filed on (date): 3. - Service (tobe answered by plaintiffs and cross-complainants only) a. (7) an } parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b, fd The following parties named in the complaint or cross-complaint CB cI have not been served (specify names and explain why not): | have been served but have not appeared and have not been dismissed (specify names): (3) CX]. have-had a default entered against them (specify names): co. (ZT) the foil lowing additional parties may be added (speciiy names, nature of involvernent incase, i and date by which iheyonay be served): 4. Description of case a. Type of. case in. [7] - complaint Cc cross-complaint (Describe, including causes of action): Negligence, Strict Liability, Personal Injury. Pagetof 8 "Fam Adopted for andalony Use CASE MANAGEMENT STATEMENT . Sal, Rules of Court, Judicial Councit of Calfarmia = . ndes 3.720-3.730, Q Rev daly 1. 204 4y . WH. courts. ca. gay (10. CMC sept 11 Ryan CMC Sept 11 Ryan Page 3 of 8 2019-08-31 00:45:08 (GMT) 14152761936 From: Thomas Purtell CM-110 PLAINTIFF/PETITIONER: Kristen Ryan CASE NUMBER, . soe. . an RG19016925 DEFENDANT/RESPONDENT: Carlos Ferreira; Steven Gibson; and Kurt Rhodes 4° 6. 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 medica} expenses, lost earnings to date, and estimated future fost eamings. Jf equitable relief is sought, describe the nature of the relief.) . As a result of Defendants Carlos Ferreira, Steven Gibson, and Kurt Rhodes breaching a duty owed to Plaintiff when a large German Shepard dog owned by Defendants. viciously attacked and bit Plaintiff in Oakland, CA, Plaintif suffered severe and substantial injuries, including, but not limited to, permanent disfigurement, permanent scarring, permanent leg injuries, anxiety, and emotional distress. ["] | df more space is needed, check this box and attach a page designated as Attachment 4b.) Jdury-or nonjury trial - or The party or parties request ajury triat ClUl-@ nonjury tial. Uf more than one party, provide the name of each party requesting a jury trial): . Trial date a, (77) ‘the trial has been set for (date): bp. C71 No trial date has been set. This case will be ready for trial within 12. months of the date of the fili ing of the complaint (fF not, expiain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons. for unavailability): Estimated length of trial of The party or parties estimate that the-trial will take (check one): a. [7] days (specify number): 3 to 5 days bo. [XZ] pours (short causes) (speciy): Trial rep ion (fo be & d for each party) . The party or pariies will be represented at trial 7] by the attorney or party listed in the caption [CE] by the following: a. . Attorney: 6, Firm: o. . Address: . qd. Telephone number: . f. . Fax number a, ‘E-mail address: 9... Party represented: [ Additional representation is described in Attachment 8. 9. Proference ~]. 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 panies represented by counsel: Counsel (4 has EXE) “has not provided the ADR information package identified in rule 3.227 to the-client and reviewed ADR options with the client. (2) For seffrepresented parties: Party [7] has [7] nas not reviewed the ADR information package identified in rule 3.221. o. . Referral to judicial arbitration or civil action mediation(if available). ; {4} This matter is Subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 of to civil action mediation under Code of Civil Procedure section 1776.3 because the amount in cantroversy does not.exceed the statutory lirnit. (2) Plaintiff elects to refer this case. to judicial arbitration and agrees to limit recovery to the amount specified in Code.of Civil Procedure section 1147.11. (3) [ZL This case is exempt from judicial arbitration under rule'S.611 of the California Rules af Gourtor from civil action madiation.under Code.of Civil Procedure section 1775 et seq. (specify exemption): OM SOR a 72577 CASE MANAGEMENT STATEMENT Page dard To: CMC sept 11 Ryan CMC Sept 11 Ryan Page 4 of 8 2019-08-31 00:45:08 (GMT) 14152761936 From: Thomas Purtell _ CH-110 PLAINTIFF/PETITIONER: Kristen Ryan : : CASE NUMBER, DEFENDANT/RESPONDENT: ira: Steven Gibson; : Carlos Ferreira; ibson: and Kurt Rhodes RG19016925 10. 6. Indicate the ADR process or processes that the party or parties are wil (ling 4 participate in, have agreed to participate |in, or . have already participated In (check aff 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. (alfach @ copy of the panies’ ADR processes (check all that apply): | stipulation): (XE] Mediation session not yet scheduled a . Cw (ZX Mediation session scheduled for (date) (1) Mediation : . : KE] Agreed to complete mediation by (date): [7] | Mediation completed on (cate): [=] Settement conference not yet scheduled (2) Settiement | wal EX] - Setiement conference scheduled for (date); conference KE] Agreed to complete settlement conference by (date): [XK] Settement conference completed on (date): cm Neutral evaluation not yet scheduled ~ Cc oo Neutral evaluation scheduled for (date): (3) Neutral evaluation . [X=] . Agreed to complete neutral evaluation by (date): CX] Neutral evaluation completed on (date): oa dudicial arbitration not yet scheduled (4) Nonbindi ing judicial Cc Cc Judicial arbitration scheduled for (date); arbitration [=] Agreed to-complete judicial arbitration by (date): CUT] ducicial arbitration completed on (date): [C=] Private arbitration not yet scheduled (6). Binding private cv y [=] Private arbitration scheduled for (date): arbitration E21 Agrees to. complete private arbitration by (date): (CJ. Private.arbitration completed on (date): [2] -. ADR session not yet scheduled cc (C1 _AbR session scheduled for (date): (8) Other (specify): . . ; ; [7] Agreed to complete ADR sessian by (date): IE] ADR completed on (date): . €M370 Rav. Juy 1 2001 5 : . Page Jor 5 CASE MANAGEMENT STATEMENT To: CMC Sept 11 Ryan CMC Sept 11 Ryan Page 5of8 2019-08-31 00:45:08 (GMT) 14152761936 From: Thomas Purtell CMAT10, PLAINTIFF/PETITIONER: -. Kristen Ryan GABE NUMBER DEFENDANT/RESPONDENT. - Carlos.Ferreira; Steven Gibson; and Kurt Rhodes - RG19016925 11. insurance a, [C7] insurance carrier, if any, for party filing this statement (name): . b. Reservation of rights: C=] ves [XU] No co. ZU] coverage issues will significantly affect resclution 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. (KEI Bankruptey 7) other (specify: Status: 43. F cases, consolidation, and coordi a. (_] There are.companion, underlying, or related cases. {1} Name of-case: (2) Name of court: (3) Case nurnber: (4) Status: [1 Additional cases are described in Attachment 13a. b. Ca Amotionto. . [_] consolidate "| coordinate will be filed by (jame party): 44, Bifurcation [EE] -the party. or parties intend to file a motion for an order bifurcating, severing, oror coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions Cc The party or, parties expect to file the follawing motions before trial (specity moving party, typeof motion, and issues): 16. Discovery a. [07] 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 Bate Plaintiff Written Discovery October 2019 Plaintiff : Deposition of Defendants October 2019 c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Oh 10 (Rev. July 1, 2097] CASE MANAGEMENT STATEMENT Page