Statement Case Management Conference

Cal. Super. - 6th Dist.November 21, 2016

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): Hussein Saffouri - SBN 177863 Ramsey Law Group 3736 Mt. Diablo Blvd., Suite 300, Lafayette, CA 94549 TELEPHONE NO. (925) 284-2002 FAX NO. (Optional) (925) 402-8053 E-MAIL ADDRESS (Optional): hussein@ramseylawgroup.com ATTORNEY FOR (Name): Plaintiffs Robert and William Sommer SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 N. First St. MA L NG ADDRESS: CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: Robert and William Sommer DEFENDANT/RESPONDENT: Celebuddy, Inc. and John Tran FOR COURT USE ONLY (Check one)• CASE MANAGEMENT STATEMENT UNLIMITED CASE (Amount demanded exceeds $25,000) I 1 LIMITED CASE (Amount demanded is $25,000 or less) CASE NUMBER: 16CV302986 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 10, 2022 Time: 10:00 a.m. Dept.: 7 Address of court (if different from the address above): El Notice of Intent to Appear by Telephone, by (name): Hussein Saffouri Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided, 1. Party or parties (answer one): a. FT This statement is submitted by party (name): b. ✓ This statement is submitted jointly by parties (names): Robert and William Sommer 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): November 21, 2016 b. The cross-complaint, if any, was filed on (date): December 29, 2016 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 c. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) 0 have been served but have not appeared and have not been dismissed (specify names): (3) 1 have had a default entered against them (specify names): 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 FT complaint cross-complaint (Describe, including causes of action): This is an action for breach of a lease and a guaranty and waste of the subject properties by the former tenant. Pa e 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 wvw.courts,ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/3/2022 3:58 PM Reviewed By: R. Fleming Case #16CV302986 Envelope: 8212376 16CV302986 Santa Clara - Civil R. Fleming CM-110 E PLAINTIFF/PETITIONER: Robert and William Sommer DEFENDANT/RESPONDENT: Celebuddy, Inc. and John Tran 4. b. CASE NUMBER: 16CV302986 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) The former tenant failed to pay rent and failed to complete agreed upon improvements to the property, and damaged the property prior to restoring possession to the landlord. The landlord now has possession, and this is an action for damages against the tenant and the guarantor of the lease. (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 la jury trial F- 1 a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a 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 complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): March 11-15, 2022 (Trial); March 23-25 (vacation); May 2-10, 2022 (Trial); June 20-23, 2022 (Trial); August 5-12, 2022 (Trial) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a r/ days (specify number): 3 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 F -I by the following: a: Attorney: b. Firm: Address: Telephone number: E-mail 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel C has 0 has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. c. d. e. (2) For self-represented parties: Party I I has 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. (3) 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): (2) C f. Fax number g. Party represented: Page 2 of 5 CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Robert and William Sommer DEFENDANT/RESPONDENT: Celebuddy, Inc. and John Tran CASE NUMBER: 16CV302986 10. 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 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 ED Mediation session not yet scheduled Mediation session scheduled for (date): Era = Agreed to complete mediation by (date): ED Mediation completed on (date): July 23, 2018 (2) Settlement conference = Settlement conference not yet scheduled = Settlement conference scheduled for (date): [2:1 MN Agreed to complete settlement conference by (date): ril Settlement conference completed on (date): April 28, 2021 (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): = IM Agreed to complete neutral evaluation by (date): = Neutral evaluation completed on (date): (4) Nonbinding judicial 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 arbitration Private arbitration not yet scheduled ED Private arbitration scheduled for (date): = = Agreed to complete private arbitration by (date): = Private arbitration completed on (date): (6) Other (specify): Mil ADR session not yet scheduled ED ADR session scheduled for (date): ED Agreed to complete ADR session by (date): = ADR completed on (date): CM-110 [Rev, July 1, 20111 CASE MANAGEMENT STATEMENT Page 3 of 5 CM 110 PLAINTIFF/PETITIONER: Robert and William Sommer DEFENDANT/RESPONDENT: Celebuddy, Inc. and John Tran CASE NUMBER 16CV302986 11. Insurance a. F - I Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights' I Yes n 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. Bankruptcy j Other (specify): Status: 13. Related cases, consolidation, and coordination a. C There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: F - I Additional cases are described in Attachment 13a. b. I A motion to 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): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and Issues): 16. Discovery a. 0 The party or parties have completed all discovery. b The following discovery will be completed by the date specified (describe all anticipated discovery): Par Description Date c C The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: Robert and William Sommer DEFENDANT/RESPONDENT: Celebuddy, Inc. and John Tran CASE NUMBER: 16CV302986 17. Economic litigation a, C 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 J 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): Plaintiff filed and served an amended complaint setting forth the amount of damages after the court struck defendants' answer to Plaintiffs original complaint. Defendants failed to respond, and Plaintiffs filed a request for entry of default on 11/29/21. Plaintiffs are still waiting for the clerk to enter the default as requested so that they can file a request for entry of judgment. Plaintiffs ask the court to continue this hearing 90 days to allow the default to be entered and plaintiffs to schedule a prove up hearing. 19. Meet and 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): 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: February 3, 2022 Hussein Saffouri a -- (TYPE OR PR NT NAME) (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 Ul-PUJN VON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) I, the undersigned, am employed in the County of Contra Costa, State of California. I am over the age 0f eighteen and not a party t0 the Within action. My business address is Ramsey Law Group, 3736 Mount Diablo Boulevard, Suite 300, Lafayette, California, 94549. On February 3, 2022, I caused t0 be served the Within CASE MANAGEMENT STATEMENT on the following parties: Michael Avramidis, Esq. PACIFIC GROVE LAW GROUP 207 16th Street, 303 North Pacific Grove, CA 93950 pglawgroup@gmail.com [X] (BY FIRST CLASS) -I caused such envelope(s) With postage thereon fully prepaid t0 be placed in the United States mail in Lafayette, California t0 be served 0n the parties as indicated 0n the Service List. I am “readily familiar” With the firm’s practice 0f collection and processing correspondence for mailing. Under that practice, it would be deposited With the U.S. Postal Service 0n that same day with postage thereon fully prepaid at Lafayette, California in the ordinary course 0f business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] (BY ELECTRONIC FILING AND/OR SERVICE) - I served a true copy, With all exhibits, electronically 0n designated recipients listed on the Service List 0n: (date) at (time) [ ] (FEDERAL EXPRESS) - I caused the envelope to be delivered to an authorized courier 0r driver authorized to receive documents With delivery fees provided for. I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration was executed on February 3, 2022, at Lafayette, CA.m Trina Audley 2 PROOF OF SERVICE