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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet Feb-04-2014 1:36 pm
Case Number: CGC-13-533103 Filing Date: Feb-04-2014 1:36 Filed by: KEITH TOM
Juke Box: 001 Image: 04365971 CASE MANAGEMENT STATEMENT
CLAIRE FAHRBACH VS. DJAMOL GAFUROV et al
001004365971
Instructions:
Please place this sheet on top of the document to be scanned.
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CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
John Fish (Bar No. 160620); Andrew Spurchise (Bar No. 245998); Emily O'Connor (Bar. No. 279400) LITTLER MENDELSON PC
650 Califomia Street, San Francisco CA 94108 F I TevepHone No: 415.433.1940 FAX NO. (Optional: 415.743.6639 San E sry
E-MAIL ADDRESS (Optona) jfish@littler.com; aspurchise@littler.com Frencicen Superior ATTORNEY FOR (Namek: Defendant Uber Technologies, Inc. Count SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street anpress: 400 McAllister Street, San Francisco, CA MAILING ADDRESS:
City ANDZIP CODE: San Francisco, CA 94102 BRANCH NAME:
PLAINTIFF/PETITIONER: Claire Fahrbach DEFENDANT/RESPONDENT: Djamol Gafurov, Ziad Sleiman, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE ([_] LIMITED CASE CGC-13-533103
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
ACASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 19, 2014 Time: 10:30 Dept.. 610 Div.: Room:
Address of court (if different from the address above):
[__] 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. [7] This statement is submitted by party (name): Defendant(Cross-Defendant Uber Technologies, Inc. ("Uber") 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):
b. [_] The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only) a. [) Al 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) [J] 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. [] 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. Type of case in complaint cross-complaint (Describe, including causes of action):
Plaintiff Fahrbach alleges that she sustained bodily injuries as a result of a vehicle collision allegedly caused by Defendants’ negligence. Cross-Complainant Sleiman seeks indemnification from Cross-Defendants.
Page Fors Form Adepted for Manaory Use CASE MANAGEMENT STATEMENT Cal Rees oo
CM-110 (Rev. July 1, 2011) www.courts.ca.gov
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© ° CM-110
_ PLAINTIFF/PETITIONER: Claire Fahrbach GO. 13.533103 DEFENDANT/RESPONDENT: Djamol Gafurov, Ziad Steiman, et al.
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 amounij, estimated future medical expenses, lost eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff alleges that she sustained bodily injuries when she was struck by a fire hydrant dislodged as a result of the collision of vehicles operated by Defendants Gafurov and Sleiman. Plaintiff alleges Uber is vicariously liable for the conduct of Defendant Gafurov. Uber denies that it is vicariously liable to Plaintiff for any damages she sustained. Defendant Gafurov, the owner of Defendant SF Limo, is neither an employee nor an agent of Uber. [1] (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 [_] ajurytial [-_] anonjurytrial. (If more than one party, provide the name of each party requesting a jury trial):
Defendant Uber reserves.
6. Trial date a. [__] The trial has been set for (date):
b. [7] 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): February 18, 2014-April 18, 2014 (trial); May 26 - June 6, 2014 (vacation)
7. Estimated length of trial The party or parties estimate that the trial will take (check one):
a. LZ] aays (specify number): 2-3 b. [[_] hours (short causes) (specify):
8. Trial representation (fo be answered for each party) The party or parties will be represented at trial [7] by the attomey or party listed in the caption (__] by the following: a. Attorney:
b. Firm:
c. Address:
d. Telephone number. f. Fax number:
e. &-mail address: g. 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. 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 [7] hes C1 has not provided the ADR information package identified in rule 3.224 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party (] nas [[_] nas 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 ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the Ss ry lim
(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) [2] This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Amount in controversy exceeds $50,000.
CM-H10 ev. Sty 1, 2047 CASE MANAGEMENT STATEMENT Page 20f6
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CM-110
PLAINTIFF/PETITIONER: Claire Fahrbach CASE NUMBER:
DE - 1
DEFENDANT/RESPONDENT: Djamo! Gafurov, Ziad Sleiman, et al. CGC-13-633103
40. c. 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 | 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 (atfach a copy of the parties' ADR processes (check all that apply): | stipulation):
Mediation session not yet scheduled
(1) Mediat CI Mediation session scheduled for (date):
lation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Cl Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3) Neutral evaluati Cl Neutral evaluation scheduled for (date):
eutral evaluation 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 (dale):
(4) Nonbinding judicial CI arbitration
Private arbitration not yet scheduled Private arbitration scheduled for (date):
Agreed to complete private arbitration by (date):
(5) Binding private C_] arbitration
Private arbitration completed on (date):
ADR session not yet scheduled
Oo) ooo0o0\;o000|0000;0000;0000
ADR session scheduled for (date):
[-] Agreed to complete ADR session by (date):
(__] ADR completed on (date):
(6) Other (specify): Co
CM-110 [Rev. July 1, 2011] Page 3 of 6
CASE MANAGEMENT STATEMENT
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PLAINTIFF/PETITIONER: Claire Fahrbach CASE NUMBER:
DEFENDANT/RESPONDENT: Djamol Gafurov, Ziad Sleiman, et al. CGC-13-533103
11. Insurance a. (__] Insurance carrier, if any, for party filing this statement (name).
b. Reservation of rights) [7] 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. [1] Bankruptcy [—_] Other (specify):
Status:
13. Related cases, consolidation, and coordination a. [J There are companion, underlying, or related cases.
(1) Name of case: Sleiman v. Gafurov, SF Limo Car Service Corporation
(2) Name of court: San Francisco Superior Court
(3) Case number: CGC-13-532371
(4) Status: consolidated, pending [__] Additional cases are described in Attachment 13a.
b. Cc Amotionto [_] consolidate [__] coordinate will 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):
if the Court does not grant Uber's dispositive motion,Uber may file a motion to bifurcate the issue of whether Uber can be held liable for the actions of co-Defendants Djamo! Gafurov/SF Limo Car Service Corporation.
15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Uber expects to file a motion for summary judgment against Plaintiff and Cross-Complainant. Uber may demur to Sleiman's Cross-Compiaint. .
16. Discovery a. [__] The patty or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Defendant Uber Special Interrogatories, Requests for Admission, Requests for Production, Form Interrogatories to Plaintiff Fahrbach Defendant Uber Depositions of Plaintiff Fahrbach & Co-Defendants 7/2014 Cc. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify):
Defendant Uber has requested that Plaintiff stipulate to a protective order to protect the disclosure of Uber's confidential and proprietary business information. Uber is meeting and conferring with Plaintiff regarding the scope of certain of Plaintiff's discovery requests.
CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of §
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CM-110
PLAINTIFF/PETITIONER: Claire Fahrbach CASE NUMBER:
| <4 DEFENDANT/RESPONDENT: Djamol Gafurov, Ziad Sleiman, et al. CGC-13-533103
17. 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 90-98 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):
18. Other issues C—) 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. [7] 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 Califomia Rules of Court, the parties agree on the following (specify):
20. Total number of pages attached (if any):
Lam completely familiar with this case and will be fully prepared to discuss the status of discovery and altemative 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: February 4, 2014 Andrew M. Spurchise >» At : (TYPE OR PRINT NAME) - F (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[__} Additional signatures are attached.
CM-110 (Rev. July 1, 2011} CASE MANAGEMENT STATEMENT Page 5 of 5
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POS-040
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY JOHN C. FISH, Jr., SBN 160620; ANDREW M. SPURCHISE, SBN 245998; |_ EMILY E. O'CONNOR, SBN 279400
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor San Francisco, CA 94108.2693
TELEPHONE NO.: 415.433.1940 FAX NO, (Optional): 415.399.8490
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Defendant UBER TECHNOLOGIES, INC.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADpREss: 400 McAllister Street MAILING ADDRESS:
civy anp zp cove: San Francisco, CA 94102 BRANCH NAME:
PLAINTIFF/PETITIONER: CLAIRE FAHRBACH
DEFENDANT/RESPONDENT: DJAMOL GAFUROV, ET AL. CASE NUMBER:
CGC-13-533103
PROOF OF SERVICE—CIVIL
Check method of service (only one):
Cc] By Personal Service x By Mail C7 By Overnight Detivery (_] By Messenger Service L] By Fax L] By Electronic Service DEPT.:
JUDGE:
(Do not use this proof of service to show service of a Summons and complaint.)
4. At the time of service | was over 18 years of age and not a party to this action.
2. My residence or business address is:
650 California Street, 20th Floor, San Francisco, CA 94108.2693
3. [] The fax number or electronic service address from which | served the documents is (complete if service was by fax or electronic service):
4. On (date): February 4, 2014 { served the following documents (specify):
Case Management Statement
(1) __ The documents are listed in the Attachment fo Proof of Service—Civil (Documents Served) (form POS-040(0)).
5. | served the documents on the person or persons below, as follows:
a. Name of person served:
b. [J (Complete if service was by personal service, mail, ovemight delivery, or messenger service.) Business or residential address where person was served:
c. C1 (Complete if service was by fax or electronic service.)
(1) Fax number or electronic service address where person was served:
(2) Time of service:
The names, addresses, and other applicable information about persons served is on the Attachment to Proof of Service—Civil (Persons Served) (form POS-040(P)).
6. The documents were served by the following means (specify): Fedex Overnight
a. [J By personal service. | personally delivered the documents to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made to the attorney or at the attomey’s office by leaving the documents, in an envelope or package clearly labeled to identify the attomey being served, with a receptionist or an individual in charge of the office, between the hours of nine in the moming and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening.
Page 1 of 3 Form Approved for Optional Use Cc Code of Civ Procedure., §§ 1010.6, 1011, 1013, 1013a, Judicial Council of California PROOF OF SERVICE IVIL 2015.5; Cal. Rules of Court, rules 2.260, 2.306 POS-040 [Rev. July 4, 2011] (Proof of Service) www, courts.ca.gov
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FAHRBACH V. DJAMOL GAFUROV, ET AL. CGC-13-533103
POS-040
6. b. By United States mail. | enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 5 and (specify one):
(1) [1] deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.
(2) placed the envelope for collection and mailing, following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, itis deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
1am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at (city and state):
c.C] By overnight delivery. | enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 5. ! placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 40 By messenger service. | served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 5 and providing them to a professional messenger service for service. (A declaration by the messenger must accompany this Proof of Service or be contained in the Declaration of Messenger below.) e 0 By fax transmission. Based on an agreement of the parties to accept service by fax transmission, | faxed the documents to the persons at the fax numbers listed in item 5, No error was reported by the fax machine that | used. A copy of the record of the fax transmission, which | printed out, is attached.
f. [J Byelectronic service. Based on a court order or an agreement of the parties to accept electronic service, | caused the documents to be sent to the persons at the electronic service addresses listed in item 5.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: February 4, 2014 Susan A. Becerra » Aiea a. Qrevvig— (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) (if item 6d above is checked, the declaration below must be completed or a separate declaration from a messenger must be attached.)
DECLARATION OF MESSENGER
[1 By personal service. | personally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attomey, delivery was made to the attorney or at the attorney's office by leaving the documents in an envelope or package, which was clearly labeled to identify the attomey being served, with a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the moming and six in the evening.
At the time of service, | was over 18 years of age. | am not a party to the above-referenced legal proceeding. | served the envelope or package, as stated above, on (date):
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
» (NAME OF DECLARANT) (SIGNATURE OF DECLARANT)
Page2of3 POS-040 (Rev. July 1, 2011] PROOF OF SERVICE—CIVIL (Prost sews) merican LegalNet, Inc.
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© 9 POS-040(P)
|. SHORT TITLE: CASE NUMBER:
FAHRBACH V. DJAMOL GAFUROV, ET AL. CGC-13-533103
ATTACHMENT TO PROOF OF SERVICE—CIVIL (PERSONS SERVED) (This attachment is for use with form POS-040.)
NAMES, ADDRESSES, AND OTHER APPLICABLE INFORMATION ABOUT PERSONS SERVED:
Name of Person Served Where Served Time of Service (If the person served is an (Provide business or residential address where service was (Complete for service by attomey, the party or made by personal service, mail, ovemight delivery, or fax transmission or parties represented should messenger service. For other means of service, provide electronic service.) also be stated.) fax number or electronic service address, as applicable.)
K. Douglas Atkinson, Esq.
Raymond Tuason, Esq. Atkinson & Associates 710 Central Avenue Time:
Counsel for Plaintiff Claire San Francisco, CA 94117 Fahrbach Brian R. McClellan, Esq.
Law Offices of Brian McClellan Time:
Counsel for Defendatns Djamol 505 14th Street, Suite 1210 , Gatfuroz and SF Limo Car Service | |Oakland, CA 94612 Corporation Thomas J. Feeney, Esq. Carbone, Smoke, Smith, Bent & Leonard + . 505 14th Street, Suite 600 ime:
Counsel for Defendant Ziad ' Sleiman Oakland, CA 94612 Time:
Time:
Time:
Time:
Time:
Time:
Time:
Time:
FO AO Se OE atarie ATTACHMENT TO PROOF OF SERVICE—CIVIL (PERSONS SERVED) Page J of 1
POS-O40(P) [Rev. July 1, 2011] (Proof of Service)
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