Statement Case Management ConferenceCal. Super. - 6th Dist.January 3, 2019Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/3/2019 3:03 PM Reviewed By: System System Case #19CV340733 Envelope: 3721809 19CV340733 Santa Clara - Civil System System CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and addIESSJAIina Stark SBN 236436 FOR COURT USE ONLY I California Department of Transportation - Bay Area Legal Office 111 Grand Street. Suite 11-100, Oakland, CA 94612 Mail to: PO BOX 24325, Oakland, CA 94623-1325 TELEPHONE No 510-433-9120 ,FAx N0. (Opnonau 510-433-9167 E-MAIL ADDRESS (Opnonau alina.stark@dot.ca.gov ATrORNEY FORIName) Defendant, State of California Department of Transportation SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREETADDRESS 191 North First Street MAILING ADDRESS CITY AND ZIP CODE San Jose, Ca 95113 BRANCH NAME Downtown Superior Courts (DTS) PLAINTIFF/PETITIONER. AMG & Associates, LLC DEFENDANT/RESPONDENT. State of California Dept. of Transportation, et al CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE E LIMITED CASE 190v340733 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 17, 2019 Time: 10:00 a.m. Dept: 8 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Alina Stark 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): Defendant, State of California, Department of Transportation b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/a/‘nants only) a. The complaint was filed on (date): 1/3/2019 b. a The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E All parties named in the complaint and cross-complaint have been served, have appeared. or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D 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 ca_se 3- TYPE Ofcase In complaint E cross-complaint (Describe, including causes ofaction): Action for quiet title and declaratory relief regarding property located in the City of San Jose. Page 1 of 5 ‘°5mé:d.:.%:t::2.“2iaiiizzmgse CASE MANAGEMENT STATEMENT Cf;.;“;3:z%L%°7":d CM-1 10 (Rev July 1, 201 1] www courts ca gov CM-1 1O CASE NUMBER 19CV340733 PLAINTIFF/PETITIONER: AMG & AssociateS. LLC DEFENDANT/RESPONDENT; State of California Dept. of Transportation. et al 4. b. Provide a brief statement of the case, including any damages. (/fpersonal 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 lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff seeks quiet title and declaratory relief in Right of Way located in the City of San Jose. Defendant State of California claims rights in a portion of this Right of Way and opposes the action on that basis. E (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 a jury trial a a nonjury trial. (If more than one party, provide the name of each party requesting a jury tn'al): State of California. Department of Transportation 6. Trial date a. E The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months ofthe 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): 1'3 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g‘ Party represented:E Additional representation is described in Attachment 8. 9. PreferenceE 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 has E has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client (2) For seIf-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is sub’ect 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 statutory limit. (2) D 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‘1 1. (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): CM-110[Rev JuIy1. 2011) CASE MANAGEMENT STATEMENT PageZolS CM-110 PLAINTIFF/PETITIONER: AMG & Associates, LLC CASE NUMBER . . . . 1QCV340733DEFENDANT/RESPONDENT- State of California Dept. of Transportation, et al 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 a/I 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 (attach a copy ofthe pan‘ies' ADR processes (check al/ that apply): stipulation): Mediation session not yet scheduled E Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date):(2) Settlement m conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled N E Neutral evaluation scheduled for (date):(3) eutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial D Judicial arbitration scheduled for (date): arb'trat'on Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private E Private arbitration scheduled for (date): arb'tratlon Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled D ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): DUDE DUDE DUDE DUDE DUDE DUDE ADR completed on (date): CM-110 [Rev July 1. 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-1 10 PLAINTIFF/PETITIONER: AMG g Associates, LLC CASE NUMBER_ . . . 1QCV340733 DEFENDANT/RESPONDENT; State of California Dept. of Transportation. et al 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation ofrights: E Yes E No c. E 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.E Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a_ D There are companion, underlying, or related cases. (1) Name 0f case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. m Amotionto E consolidate E coordinate willbefiled by (name pany): 14. BifurcationE 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 pan‘y, type of motion, and reasons): 15. Other motions E: The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Partx Descrigtion Date Defendant. State of California written discovery Per CCP Defendant, State of California depositions of parties (PMQ) Per CCP c. E 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: AMG & Associates, LLC CASE NUMBER- 19CV340733 DEFENDANTMESPONDENT State of California Dept. of Transportation, et al 17. Economic litigation a. [j 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,E 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 issuesE 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. 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 (ifany): O 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 lime of the case management conference, including the written authority of the party where required. Date: 12/3/201 9 Alina Stark ) v(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY} i (TYPE OR PRINT NAME} (SIGNATURE 0F PARTY OR AWORNEY!E Additional signatures are attached. CM-‘WIREV Ju'v 1-201” CASE MANAGEMENT STATEMENT “995°” \OOONOUl-RUJNr-n NNNNNNNNNp-t-ap-Iv-Ip-‘v-tp-Ar-IHH MQQUI-hUJNHONDOOfl0M#WN'-‘O Case Name: AMG & Associates, LLC v. State 0t California, Degt. 0t Transgortation, et al. Case No.: Santa Clara County Superior Court Case No. 19CV3400733 PROOF OF SERVICE (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Fed. Rules Civ. Proc., rule 5(b).) I am employed in the City of Oakland, State of California. I am over the age of 18 years and not a party to the within action. My business address is 111 Grand Avenue Suite 11-100, Oakland, CA 94612. Mail: P.O. Box 24325, Oakland, CA 94623-1325. On the date set forth below, I served a true copy of the following document(s): CASE MANAGEMENT STATEMENT (12/17/2019 @ 10:00 a.m., Dept. 8) on the parties set forth below by: [X] (BY MAIL) by placing a true copy thereof enclosed in a sealed envelope for each person(s) named below, addressed as set forth immediately below the respective name(s), with postage thereon fully prepaid as first-class mail. I deposited the same in a mailing facility regularly maintained by the United States Post Office for the mailing of letter(s) at my above-stated place of business. [ ] (PERSONAL SERVICE) by placing a true copy thereof enclosed in a sealed envelope, for each person(s) named below, and caused such envelope to be delivered by hand to the address(es) as set forth immediately below the respective name(s) pursuant to this Proof of Service. [ ] (OVERNIGHT MAIL) by placing a true copy thereof enclosed in a sealed envelope and deposited on the date set forth below, in a pickup facility regularly maintained for the delivering of letters and packages located at my above-stated place of business. [ ] (E-MAIL) by attaching a copy of the Word processing file in PDF format. Julie A. Herzog Elisa T. Tolentino, Senior Deputy City Attorney Law Office of Julie A. Herzog Office of the City Attorney 18980 Ventura Boulevard, Second Floor, #230 200 East Santa Clara Street, 16‘“ Floor Tarzana, CA 91356 San Jose, CA 951 13-1905 (818) 888-6659 Fax (818) 888-9140 Email: Elisa.tolentino@sanioseca.gov Email; lawwings@earthlink.net Attorneysfor City ofSan Jose AttorneysforAMG & Associates, LLC I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 3, 2019, at Oakland, California. ___.-- PKNKY NGl, D c m6 1 PROOF OF SERVICE