NAME:
`
`CITY:
`
`EMAIL ADDRESS:
`
`ATTORNEY OR PARTY WITHOUT ATTORNEY
`STATE BAR NUMBER:
`Scott D. Calkins, Esq., SBN 187489; Anthony P. Gaeta, Esq., SBN 239754
`COLLINSWORTH, SPECHT, CALKINS & GIAMPAOLI, LLP
`FIRM NAME:
`9665 Chesapeake Dr., Suite 305
`STREET ADDRESS:
`San Diego
`858-549-2800
`TELEPHONE NO.:
`agaeta@cslawoffices.com,
`K. Hovnanian California Region, Inc.
`ATTORNEY FOR (name):
`
`CM-110
`
`FOR COURT USE ONLY
`
`STATE:
`
`FAX NO.:
`
`CA
`ZIP CODE:
`858-549-3700
`
`92123
`
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF
`725 Court Street
`STREET ADDRESS:
`725 Court Street
`Martinez, CA 94553
`
`CITY AND ZIP CODE:
`
`MAILING ADDRESS:
`
`CONTRA COSTA
`
`BRANCH NAME:
`
` PLAINTIFF/PETITIONER:
` DEFENDANT/RESPONDENT:
`
`Nicholas Warner
`County of Contra Costa, et al.
`
`(Check one):
`
`CASE MANAGEMENT STATEMENT
`LIMITED CASE
`UNLIMITED CASE
`(Amount demanded is $35,000
`(Amount demanded
`or less)
`exceeds $35,000)
`
`CASE NUMBER:
`C23-02689
`
`A CASE MANAGEMENT CONFERENCE is scheduled as follows:
`Date:
`July 11, 2024
`Time:
`8:30 a.m.
`Dept.:
`
`9
`
`Address of court (if different from the address above):
`
`Div.:
`
`Room:
`
`Notice of Intent to Appear by Telephone, by (name):
`
`Anthony P. Gaeta
`
`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):
`K. Hovnanian California Region, Inc.
`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):
`
`The cross-complaint, if any, was filed on (date):
`b.
`3. Service (to be answered by plaintiffs and cross-complainants only)
`a.
`All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
`b.
`The following parties named in the complaint or cross-complaint
`
`(1)
`
`(2)
`
`(3)
`
`have not been served
` (specify names and explain why not):
`
` (specify names):
`have been served but have not appeared and have not been dismissed
`
`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 date by which
`they may be served):
`K. Hovnanian will be filing a cross-complaint against Teichert Construction, Inc. and/or All Commercial Fence, Inc., the
`parties responsible for erecting and/or maintaining the gate which Plaintiff alleges caused his injuries.
`
`4. Description of case
`complaint
`cross-complaint
` (Describe, including causes of action):
`a. Type of case in
`Plaintiff alleges he was injured while riding a bicycle between 10:30 and 11:00 pm on property owned by the City of Antioch.
`The only cause of action alleged in the Complaint is for Dangerous Condition of Public Property, which does not apply to K.
`Hovnanian.
`
`Form Adopted for Mandatory Use
`Judicial Council of California
`CM-110 [Rev. January 1, 2024]
`
`CASE MANAGEMENT STATEMENT
`
`Page 1 of 5
`
`Cal. Rules of Court,
`rules 3.720–3.730
`www.courts.ca.gov
`
`Electronically Filed Superior Court of CA County of Contra Costa 6/27/2024 6:20 PM By: C. Jacala, Deputy
`
`

`

` PLAINTIFF/PETITIONER:
`
`Nicholas Warner
`
` DEFENDANT/RESPONDENT:
`
`County of Contra Costa, et al.
`
`CASE NUMBER:
`C23-02689
`
`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):
`Plaintiff has not responded to discovery and/or submitted to and IME. Based thereon, Responding Party is unaware of the
`Plaintiff's alleged damages.
`
`CM-110
`
`(If more space is needed, check this box and attach a page designated as Attachment 4b.)
`5. Jury or nonjury trial
`a jury triaI
`a nonjury trial.
` (If more than one party, provide the name of each party
`The party or parties request
`requesting a jury trial):
`
`6. Trial date
`a.
`b.
`
`The trial has been set for (date):
`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.
`days (specify number):
`4-6
`b.
`hours (short causes) (specify):
`
`by the attorney or party listed in the caption
`
`by the following:
`
`8. Trial representation (to be answered for each party)
`The party or parties will be represented at trial
`a. Attorney:
`b. Firm:
`c. Address:
`d. Telephone number:
`e. Email address:
`Additional representation is described in Attachment 8.
`9. Preference
`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 of the California Rules of Court for information about the
`processes available through the court and community programs in this case.
`
`f. Fax number:
`g. Party represented:
`
`(1) For parties represented by counsel: Counsel
`has not provided the ADR information package identified
`has
`in rule 3.221 to the client and reviewed ADR options with the client.
`has
`(2) For self-represented parties: Party
`has not reviewed the ADR information package identified in rule 3.221.
`b. Referral to judicial arbitration or civil action mediation (if available).
`(1)
`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.
`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.
`This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
` (specify exemption):
`mediation under Code of Civil Procedure section 1775 et seq.
`
`(2)
`
`(3)
`
`CM-110 [Rev. January 1, 2024]
`
`CASE MANAGEMENT STATEMENT
`
`Page 2 of 5
`
`

`

` PLAINTIFF/PETITIONER:
`
`Nicholas Warner
`
` DEFENDANT/RESPONDENT:
`
`County of Contra Costa, et al.
`
`CASE NUMBER:
`C23-02689
`
`CM-110
`
`10. c.
`
`In the table below, indicate the ADR process or processes that 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
`this form are willing to
`participate in the following ADR
`processes (check all that apply):
`
`If the party or parties completing this form in the case have agreed to
`participate in or have already completed an ADR process or processes,
`indicate the status of the processes (attach a copy of the parties' ADR
`stipulation):
`
` (1) Mediation
`
` (2) Settlement
` conference
`
`(3) Neutral evaluation
`
`(4) Nonbinding judicial
` arbitration
`
` (5) Binding private
` arbitration
`
` (6) Other (specify):
`
`Mediation session not yet scheduled
`Mediation session scheduled for (date):
`
`Agreed to complete mediation by (date):
`
`Mediation completed on (date):
`
`Settlement conference not yet scheduled
`Settlement conference scheduled for (date):
`
`Agreed to complete settlement conference by (date):
`
`Settlement conference completed on (date):
`
`Neutral evaluation not yet scheduled
`Neutral evaluation scheduled for (date):
`
`Agreed to complete neutral evaluation by (date):
`
`Neutral evaluation completed on (date):
`
`Judicial arbitration not yet scheduled
`Judicial arbitration scheduled for (date):
`
`Agreed to complete judicial arbitration by (date):
`
`Judicial arbitration completed on (date):
`
`Private arbitration not yet scheduled
`Private arbitration scheduled for
`(date):
`
`Agreed to complete private arbitration by (date):
`
`Private arbitration completed on (date):
`
`ADR session not yet scheduled
`ADR session scheduled for (date):
`
`Agreed to complete ADR session by (date):
`
`ADR completed on (date):
`
`CM-110 [Rev. January 1, 2024]
`
`CASE MANAGEMENT STATEMENT
`
`Page 3 of 5
`
`

`

` PLAINTIFF/PETITIONER:
`
`Nicholas Warner
`
` DEFENDANT/RESPONDENT:
`
`County of Contra Costa, et al.
`
`CASE NUMBER:
`C23-02689
`
`11. Insurance
`
`CM-110
`
`a.
`
`PURE Insurance
`
`Insurance carrier, if any, for party filing this statement (name):
`b. Reservation of rights:
`
`Yes
`
`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.
`Other (specify):
`Bankruptcy
`Status:
`
`13. 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 13a.
`
`b.
`
`A motion to
`consolidate
`coordinate
` wiII be filed by (name party):
`
`14. 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):
`K. Hovnanian is considering a motion to bifurcate liability and damages based on the Plaintiff's contributory negligence.
`
`15. Other motions
`
` (specify moving party, type of motion, and issues):
`The party or parties expect to file the following motions before trial
`Motion for Judgment on the Pleadings; Morion to Bifurcate; MSA; motions in limine.
`
`16. Discovery
`
`a.
`b.
`
`The party or parties have completed all discovery.
`The following discovery will be completed by the date specified (describe all anticipated discovery):
`
`Party
`
`K. Hovnanian
`K. Hovnanian
`K. Hovnanian
`K. Hovnanian
`
`Description
`
`Written discovery/document production
`Percipient witness deposiitosn
`IME
`Expert witness depositions
`
`Date
`
`Per Code
`Per Code
`90-120 days
`Per Code
`
`c.
`
`The following discovery issues, including issues regarding the discovery of electronically stored information, are
` (specify):
`anticipated
`
`CM-110 [Rev. January 1, 2024]
`
`CASE MANAGEMENT STATEMENT
`
`Page 4 of 5
`
`

`

` PLAINTIFF/PETITIONER:
`
`Nicholas Warner
`
` DEFENDANT/RESPONDENT:
`
`County of Contra Costa, et al.
`
`CASE NUMBER:
`C23-02689
`
`CM-110
`
`17. Economic litigation
`
`a.
`
`b.
`
`This is a limited civil case (i.e., the amount demanded is $35,000 or less) and the economic litigation procedures in Code
`of Civil Procedure sections 90-98 will apply to this case.
`
`This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
` (if checked, explain specifically why economic litigation procedures relating to discovery or trial
`discovery will be filed
`should not apply to this case):
`
`18. Other issues
`The party or parties request that the following additional matters be considered or determined at the case management
`conference (specify):
`
`19. Meet and confer
`
`a.
`
`b.
`
`The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
` (if not, explain):
`of Court
`
`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):
`
`I 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:
`
`June 27, 2024
`
`Anthony Gaeta
`
`(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. January 1, 2024]
`
`CASE MANAGEMENT STATEMENT
`
`Page 5 of 5
`
`

`

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`TITLE OF COURT: SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA
`
`
`
`COSTA
`TITLE OF CASE: Nicholas Warner v. County of Contra Costa, et al.
`CASE NO.:
`CV-23-02689
`
`
`ATTORNEY NAME: SCOTT D. CALKINS, ESQ., SBN 187489
`scalkins@cslawoffices.com
`ANTHONY P. GAETA, ESQ., SBN 239754
`agaeta@cslawoffices.com
`
`
`
`ADDRESS:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`COLLINSWORTH, SPECHT,
`CALKINS & GIAMPAOLI LLP
`9665 Chesapeake Dr., Suite 305
`San Diego, CA 92123
`(858) 549-2800/ Fax (858) 549-3700
`
`DECLARATION OF SERVICE
`
`
`I am, and was at the time of service, employed in the County of San Diego, State of California. I
`am over the age of 18 years and not a party to the within action; my business address is 9665
`Chesapeake Dr., Ste. 305, San Diego, CA 92123. On June 27, 2024, I served the document(s)
`named below in the above-referenced action as follows:
`
`
` K. HOVNANIAN CALIFORNIA REGION, INC.’S CASE MANAGEMENT
`STATEMENT
`
`
`
`
`*SEE ATTACHED SERVICE LIST*
`
`
`SERVED UPON:
`
`
`
`
`[X]
`
`BY ELECTRONIC TRANSMISSION [ONLY]: The above-referenced document(s)
`was/were transmitted via electronic service to all parties in this case at the respective
`electronic service address(es) listed on the attached service list. Pursuant to C.R.C. 2.251
`and Amended CCP §1010.6(e)(1)-(2), I confirm that the electronic transmission was made
`from my registered email address, mrios@cslawoffices.com provided by my employer,
`Collinsworth, Specht, Calkins & Giampaoli, LLP. The transmission was reported as
`complete and without error. A copy of said confirmation is available upon request.
`
`
`
`[X]
`
`
`
`
`
`
`
`
`
`
`
`
`
`(STATE) I declare under penalty of perjury under the laws of the State of California that
`the forgoing is true and correct.
`
`Executed on June 27, 2024, at San Diego, California.
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
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`
`
`
`
`
`
`
`
`
`
`
`
`
`Monique Rios
`
`
`
`
`
`
`
`
`
`1
`
`
`PROOF OF SERVICE
`
`

`

`SERVICE LIST
`Contra Costa County Superior Court Case No.: CV-23-02689
`Nicholas Warner v. County of Contra Costa, et al.
`
`
`COUNSEL OF RECORD
`
`
` TELEPHONE/
` FAX NOS.
`
`
`
`
`PARTY
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
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`7
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`8
`
`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`310.407-0766
`310.407.0767 – Fax
`
`
`Counsel for Plaintiff
`
`415.353.0999
`
`Counsel for Defendant
`City of Antioch
`
`Yosi Yahoudai, Esq.
`Parham Nikfarjam, Esq.
`JAVAHERI & YAHOUDAI, APLC.
`1880 Century Park East, Suite 717
`Los Angeles, CA 90067
`parham@jnylaw.com
`teampn@jnylaw.com
`
`Ana Escobedo – Paralegal
`ana@jnylaw.com
`
`Ethan M. Lowry, Esq.
`Diana S. Godwin, Esq.
`Bertrand Fox Elliot Osman & Wenzel
`2749 Hyde Street
`San Francisco, CA 94109
`elowry@bfesf.com
`dgodwin@bfesf.com
`
`Isabel Hernandez – Legal Assistant
`ahernandez@bfesf.com
`
`
`
`
`
`
`
`
`
`1
`
`
`PROOF OF SERVICE
`
`