Statement Case Management ConferenceCal. Super. - 6th Dist.June 7, 2019Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/17/2021 11:25 AM Reviewed By: System System Case #19CV349803 Envelope: 6455846 19CV349803 Santa Clara - Civil System System 051-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Bruce W. Lorber, Esq. , SBN 074719 Matthew H. Weiner, Esq. , SBN 236394 Tom Kinan, Esq . , SBN 332 855 LORBER, GREENFIELD & POLITO, LLP 142 Sansome St, Third Fl . , San Francisco, CA 94104 TELEPHONEN0.: 415-98 6-0688 FAXN0.(0puona/): 415-98 6-1172 E-MAIL ADDRESS (Optional): blorber@lorberlaw.com; mweiner@lorberlaw.com; [kinan@lorbcrlaw.com ATTORNEY FOR (Name): Defendant MTM BUILDING GROUP SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS; 191 N . First Street MAILINGADDRESS: 191 N . First Street CITYANDZIP CODE: San Jose, CA 95113 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER:KEVI N JONE S AND NAO JONE S DEFENDANT/RESPONDENT:MTM BUILDING GROUP, et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE I l LIMITED CASE 1 9CV3 4 9 8 0 3 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 1 , 2 02 l Time: 1 O : O 0 a . m. Address Dept: 2 Div.: Room: of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Matthew H . We iner INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. x ] This statement is submitted by party (name): Defendant MTM BUILDING GROUP b. I: 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): June 7 , 2 O 19 b. The cross-complaint, if any, was filed on (date): September 6, 2 019 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. E The following parties named in the complaint or cross-complaint (1) l-‘ have not been served (specify names and explain why not): (2) I I] 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 ofinvolvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint E cross-complaint (Describe, including causes of action): The Plaintiffs are a developers/owners of a single family home, alleging construction defects and delays, and filing suit against various parties for (1) Breach of Contract; (2) Negligence A11 Parties; (3) Breach of Third-Party Beneficiary Contract; (4) Breach of Warranty; (5) Products Liability; and (6) Negligence In Design and Manufacture. Page 1 of 5 Form Adopted for Mandatory Use Cal‘ Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT I rules 3120-3130 CM-1 1o [Rev. July 1,201 1] uL CM-1 10 PLAINTIFF/PETITIONER:Kevin Jones, et al. CASENUMBER: -DEFENDANT/RESPONDENT:MTM Building Group, et al. 19CV349803 4. b. Provide a brief statement of the case, including any damages. (prersonal 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 Plaintiffs seek to recover damages in excess 0f $25,000 for the above causes of action for (a) the cost of repair; (b) recuperation of monies they claim were paid as a result of delays, and (c) monies in excess of the fixed bid they allege existed to build the home. Defendant MTM rejects each and every cause of action, and basis of Plaintiffs' damages. :I (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 S a nonjury trial. (If more than one pany, provide the name of each parfy requesting a jury trial): 6. Trial date a. |:l 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): Given the ongoing Covid-19 pandemic and related restrictions, at this time, we do not anticipate that this matter will be ready for trial within the next 12 months. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): MEDIATIONS/SETFLEMENT CONFERENCES/ISSUE CONFERENCES: 6/18/21; 6/21/21 TRIAL/ARBITRATION DATES: 9/1/21 through 9/30/21; 10/4/21; 10/20-27/21; 11/1/21 through 11/30/21 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): l 0 - l 4 days b. E 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 |:| 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. Preference |:l 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 has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party |:l has l:] 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 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. (2) CI 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) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Page 2 of 5CM‘“°‘R5V‘J“'V"2°‘” CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER: Kevin Jones, et al. EEFENDANT/RESPONDENT: MTM Building Group, et al. CASE NUMBER: 19CV349803 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 pan‘ies' ADR stipulation): a Mediation session not yet scheduled __I Mediation session scheduled for (date): (1) Mediation E Agreed to complete mediation by (date):E Mediation completed on (date): February 9, 2021 Settlement conference not yet scheduled | <2) Settlement E Settlement conference scheduled for(date): conference E -~ . I Agreed to complete settlement conference by (date). D Settlement conference completed on (date): l-WI Neutral evaluation not yet scheduled (3) N t I I t. D D Neutral evaluation scheduled for (date):eu ra eva ua Ion E Agreed to complete neutral evaluation by (date):D Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration CI Judicial arbitration not yet scheduledD Judicial arbitration scheduled for (date): CI Agreed to complete judicial arbitration by (date): E] Judicial arbitration completed on (date): (5) Binding private arbitration D Private arbitration not yet scheduleda Private arbitration scheduled for (date): E] Agreed to complete private arbitration by (date): f: Private arbitration completed on (date): (6) Other (specify): E ADR session not yet scheduledD ADR session scheduled for (date): El Agreed to complete ADR session by (date):D ADR completed on (date): CM-1 10 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER: Kevin Jones, et al . CASE NUMBER: _DEFENDANT/RESPONDENT: MTM Building Group, et al . 19cv34 98 O3 11. Insurance a. Insurance carrier, if any, for parlyfiling this statement (name): Gemini Insurance Company . b. Reservation of rights: D Yes D 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 E Other (specify): Status: 13. Related cases, consolidation, and coordination a. CI There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [:f Additional cases are described in Attachment 13a. b. E A motion to :I consolidate l:] coordinate will be filed by (name party): 14. Bifurcation I 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 Cl The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. __f The party or parties have completed all discovery‘ b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party W Date All Parties Written Discovery 11/1/2021 All Parties Depositions 11/1/2021 All Parties Expert Discovery Per Code c. :l The following discovery issues. including issues regarding the discovery of electronically stored information, are anticipated (specify): CM“ lReV‘JU‘W-Zm” CASE MANAGEMENT STATEMENT "994°” Qua 1 o PLAINTIFF/PETITIONER: Kevin Jones, et al. CASENUMBER: ”DEFENDANT/RESPONDENT: MTM Building Group , et a1 . 1 9CV3 4 9 8 0 3 17. Economic litigation a. D 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 issues I 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): | 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: May l7, 2021 r Matthew H. Weiner . /\__... (TYPE OR PRINT NAME) r (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)D Additional signatures are attached. CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT PagefiofS , LLP 2064 '. (gakifurnin 'J Tulcnhunu 1’358‘1 513- IOZIJ I Ficumilc {353} SIJ-IOUZ L(mm-zn, GRLauNJ-‘n-zm 6c Puma 13935 Slum Drive. Puwm \DOOVQUI 16 17 18 19 20 21 22 23 24 25 26 27 28 Re: Jones v. MTM Building Group, et a1. Court: Santa Clara Superior Court Case N0: 19CV349803 PROOF OF SERVICE (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Fed. Rules Civ. Proc., rule 5(b).) I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is 142 Sansome Street, Third Floor, San Francisco, CA 94104. On May 17, 2021, I served the foregoing document described as: CASE MANAGEMENT STATEMENT BY MTM BUILDING GROUP on the interested parties in this action, addressed as follows: SEE ATTACHED LIST V (BY ELECTRONIC-MAIL) by attaching a copy of the document(s) in PDF format to the email addresses confirmed by the parties listed below, pursuant to California Code of Civil Procedure section 1010.6, subdivision (c)(l), allowing for electronic service of a notice or document that may be served by File & ServeXpress, mail, express mail, overnight delivery, or facsimile transmission. I declare under penalty of perjury under the laws 0fthe State of California that the above is true and correct. Executed on May 17, 2020, in Vallejo, California. con Thomas, Jr. l PROOF OF SERVICE , LLP in 92864 y. (lnlifurn Tufcnhunc I'HSR'I 513- It'll“ I' Fancimilu {35m 5!.1-1002 L(mmm', GRIiHNFn-zm 8c POLI'm INNS 5mm: Drive. Pawn UI-BUJN \OOONON 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 KEVIN AND NAO JONES V. MTM BUILDING GROUP. ET AL. Santa Clara County Superior Court Case No. 19CV349803 191 North First Street, San Jose, CA 95 1 13 SERVICE LIST Gregory E. Meisenhelder, Esq. Joshua A. Maltzer, Esq. Berding & Weil LLP 2175 N. California Blvd., Suite 500 Walnut Creek, CA 94596 Tel: 925.838.2090 Fax: 925.820.5592 gmeisenhclder@berding-weil.com Attorneys for PLAINTIFFS Marissa N. Acree, Esq. STONE & ASSOCIATES, APC 2125 anacio Valley Road, Suite 101 Walnut Creek, CA 94598 Tel: (925) 938-1555, Ext. 120 Fax: (925) 938-2937 macree@stonclawofl'1cc.com Attorneys for MARTIN’S PLASTERING, INC. Stephen B. Welch, Esq. LEWIS BRISBOIS 2185 N. California Blvd., Suite 300 Walnut Creek, CA 94596 Tel: (415) 262-8520 Fax: 925.478.3260 Stephen.welch@lewisbrisbois.com Attorneys for MILGARD MANUFACTURING, INC. Raymond Meyer, Jr., Esq. Justin A. Mallory, Esq. BREMER WHITE BROWN & O’MEARA, LLP 300 Frank H. Ogawa Plaza, Suite 355 Oakland, CA 94612 Tel: (515) 540-4881 Fax: (515) 550-4889 meyerfilbremcrwhytenom; jmallorygagbremerwhytesom Attorneys for SOUTH BAY WINDOWS, INC. dba A WHOLESALE CONSTRUCTION COMPANY Jerry L. Whitney dba JW DESIGN GROUP 2416 Mattison Lane Santa Cruz, CA 95062 Tel: 831-392-6144 ierrv@,iwde_signgroup.net PRO SE , LLP in 92861- }: Cniifum Tcleohun: IRSB'I SIS-HIPJI I Facsimilu {3531 5134002 13965 Summ- Drivc. I’uw: LORBIER, GluilcNm-zm 8c PULI‘rt) A QUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CENTEXT LEGAL SERVICES 333 W. Santa Clara St., #ISan Jose, CA 951 13 Tel: 498-478-4700 d60031t0ry@centextlcgal.c0m Robert A. Bellagamba CASTLE DEKKER & BELLAGAMBA 30 Oak Court Danville, CA 94526 Tel: 925-552-1200 / Fax: 925-552-1201 DOCUMENT DEPOSITORY AND rbcllagamba@dekkerlaw.com DEPOSITION LOCATION kstiller@dekkerlaw.com (Asst) [ ] Check if served SPECIAL MASTER / MEDIATOR [ ] Check if served E-mail Addresses: gmeisenhelderé)berding-weil.com; tnoccofibcrdinnweii.com; cstone@slonelawoffice.com; macrecfi)stonelawoffice.com; ierry@iwdesigngroup.net; stephenwelch@lewisbrisbois.corr mcver®bremcrwhvte.com; imal ; debbiesteinhaucr@lcwisbrisbois.com; ow@bremcrwhvte.com