Statement Settlement ConferenceCal. Super. - 6th Dist.June 7, 201913985 Stowe Drive, Poway, California 92064 Telenhone (8583 513-1020 / Facsimile (858} 513-1002 LORBER, GREENFIELD & POLITO, LLP \OOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19CV349803 Santa Clara - Civil R. Fler Electronically Filed LORBER, GliEENFIELD & P(ZLETO, LLP by Superior Court of CA, BrucE W. Lor gr, Esq., SBN 07 7 9 County of Santa Clara, Matt CW H. wel'ner, Esq., SBN 236394 on 1,26,2022 10:27 AM ”9855”“ Dm’e Reviewed By: R. Fleming San Dlegoa CA 92064 Case #19cv349803 TEL: (858) 513-1020 / FAX: (858) 513-1002 Envelope. 8141 324 blorber@10rberlaw.com; mweiner@lorberlaw.com I Attorneys for Defendant and Cross-Complainant MTM BUILDING GROUP, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA KEVIN JONES AND NAO JONES, Case No. 19CV349803 Plaintiff, JOINT TRIAL SETTING CONFERENCE V. STATEMENT MTM BUILDING GROUP; MARTINS Date: February 8, 2022 PLASTERING, INC; JUAN CARLOS LOPEZ; Time: 11:00 am. MILGARD MANUFACTURING Dept 2 INCORPORATED; WHOLESALE WINDOW Judge: Hon. Drew Takaichi COMPANY; JERRY L. WHITNEY; JW DESIGN GROUP; and DOES 1 THROUGH 100, INCLUSIVE, Complaint Filed: June 7, 2019 Trial: Not Set Defendants. AND ALL RELATED CROSS-ACTIONS. The parties by and through Counsel for MTM BUILDING GROUP (“MTM BUILDING”) has prepared this Trial Setting Conference Statement for consideration to the Court herein as follows. I. BRIEF OBJECTIVE SUMMARY OF THE CASE A. Facts: This matter involves alleged construction defect and breach 0f contract claims for a single-family home located in Saratoga California. B. Procedural Status: Plaintiffs filed their original Complaint 0n June 7, 2019. The matter is at issue. 1 JOINT TRIAL SETTING CONFERENCE STATEMENT 13985 Stowe Drive, Poway, California 92064 Telephone (8583 513-1020 / Facsimile (85$ 513-1002 LORBER, GREENFIELD & POLITO, LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. STATUS OF CASE The parties are currently conducting Expert Depositions and have agreed t0 extend the deadline for completing the Depositions due to scheduling conflicts. III. TRIAL SETTING The Parties have met and conferred and agree this matter is ready t0 be set for trial. Although the parties have meet and conferred regarding a proposed trial date for this matter, they have been unable t0 reach a consensus 0n a agreeable date. Plaintiffs’ counsel currently has trials set 0n May 16, 2022 in Los Angeles County (10-12 day estimate) and September 19, 2022 in Santa Clara County (30-65 day estimate), and is unavailable between April 4 t0 April 13, 2022 (prepaid family vacation). Plaintiffs’ counsel expects that its above referenced May 16, 2022 trial date Will be continued t0 a later date. Plaintiffs request that the Court set this case for trial in late April 2022 0r June 0f 2022, 0r in the alternative, May 0f 2022 With the understanding that Plaintiffs may need t0 seek a short continuance of the trial date if counsel’s May 16, 2022 trial date is not continued as expected. Counsel for MTM currently has a bench trial set t0 begin 0n June 6, 2022 in San Francisco (a three t0 four month trial). Counsel for Martins Plastering is also defending a party in that matter. The matter was set for a bench trial t0 ensure the date and is coming up 0n the five year so there Will not be any continuance. T0 date that matter is not likely to settle. Counsel is available in May 0r October 2022. Counsel for Milgard is set for trial in other cases on 2/22/22 (Sacrament County), 2/28/22 (San Francisco County), 5/13/22 (Placer County), 5/23/22 (Placer County), 9/1/22 (Marin County), and 11/1 8/22 (Sonoma County). Milgard’s counsel is unavailable 0n 4/15/22 - 4/22/22 (Prepaid vacation). Milgard is available for trial 0f this case during July-August 2022, October 2022, December 2022, and January - March 2023. Counsel for Wholesale Window Company currently has trials set 0n April 25, 2022 in San Joaquin County, May 16, 2022 in San Francisco County, May 26, 2022 in Santa Cruz County, June 20, 2022 in San Francisco County, and is unavailable between September 6-14, 2022 (prepaid 2 JOINT TRIAL SETTING CONFERENCE STATEMENT 13985 Stowe Drive, Poway, California 92064 Telenhone (858\ 513-1020 / Facsimile (8583 513-1002 LORBER, GREENFIELD & POLITO, LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vacation). Wholesale Window Company requests the Court set this case for trial in July 0f 2022 or early August 2022. Martins Plastering’s trial availability is limited as follows: Arbitration from March 28 - April 8; Trials set on May 2 (Napa County), May 23 (Contra Costa County), May 23 (Placer County), June 6 (San Francisco County, bench trial), June 13 (San Francisco County); July 18 (Alameda); July 25 (Contra Costa County). Martins Plastering requests this Court set this case for trial in August 0r September 2022. Dated: January 25, 2022 Dated: January 25, 2022 Dated: January 25, 2022 LORBER, GREENFIELD & POLITO, LLP By: B ce W. Lorber, Esq. Matthew H. Weiner, Esq. Attorneys for Defendant and Cross-Complainant MTM BUILDING GROUP, INC. BERDING & WEIL LLP By: Greg E. Meisenhelder, Esq. Attorneys for Plaintiffs KEVIN JONES AND NAO JONES STONE & ASSOCIATES, APC By: Marissa N. Acree, Esq. Attorneys for Defendant MARTIN’S PLASTERING, INC. 3 JOINT TRIAL SETTING CONFERENCE STATEMENT 13985 Stowe Drive, Puway. California 92064 Telephone {858} 513 1020 /‘ Facsimile {85B} 51 54002 LORBER, GRIeLIaNHuu) & POLITO, 1.1.? A _ August 2022. 0&1:th 7“ 8 September 2022. 9 Dated: January 25, 2022 IO“ ll 12 13' 14 15 16 Dated: January 25,2022 | 17 18 19 ,J 20 21 22 Dated: January 25,2022 23 24 25 26 27 28 va'cation). Wholesale Window Company requests the Court set this case for trial in July of 2022 or early Martins Plastering‘s trial availability is limited as follows: Arbitration from March 28 ~ Apfil 8; Trials set on May 2 (Napa County), May 23 (Contra Costa County), May 23 (Placer County), June 6 (San Francisco County, bench trial), June 13 (San Francisco County); July 18 (Alameda); July 25 (Contra Costa County). Martins Plastering requests this Court set this case for trial in August or LORBER, GREENFIELD & POLITO, LLP By: B ce W.Lorber,Esq. Matthew H. Weiner, Esq. Attorneys for Defendant and Cross-Complainant MTM BUILDING GROUP, INC. BERDING & WEIL LLP By: Greg E. Meiseflhelder, Esq. Attorneys for Plaintiffs KEVIN JONES AND NAO JONES STONE & ASSOCIATES, APC By: Marissa N. Acree, Esq. Attorneys for Defendant MARTIN’S PLASTERING, INC. 3 JOINT TRIAL SETTING CONFERENCE STATEMENT 4f y, California 9206 Teleohone (8583 513-1020 / Facsimile (8583 513-1002 GREENFIELD 8C POLITO LLP 13985 Stowe Drive, Powa LORBER, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Wholesale Window Company requests the Court set this case for trial in July 0f 2022 or early August 2022. Martins Plastering’s trial availability is limited as follows: Arbitration from March 28 - April 8; Trials set 0n May 2 (Napa County), May 23 (Contra Costa County), May 23 (Placer County), June 6 (San Francisco County, bench trial), June 13 (San Francisco County); July 18 (Alameda); July 25 (Contra Costa County). Martins Plastering requests this Court set this case for trial in August 0r September 2022. Dated: January 25, 2022 Dated: January 25, 2022 Dated: January 25, 2022 LORBER, GREENFIELD & POLITO, LLP By: Bruce W. Lorber, Esq. Matthew H. Weiner, Esq. Attorneys for Defendant and Cross-Complainant MTM BUILDING GROUP, INC. BERDING & WEIL LLP By: Greg E. Meisenhelder, Esq. Attorneys for Plaintiffs KEVIN JONES AND NAO JONES STONE & ASSOCIATES, APC By: a.M Marissa N. Acree, Esq. Attorneys for Defendant MARTIN’S PLASTERING, INC. -- 3 JOINT TRIAL SETTING CONFERENCE STATEMENT 13985 Stowe Drive, Poway, California 92064 Telenhone (858\ 513-1020 / Facsimile (8583 513-1002 LORBER, GREENFIELD & POLITO, LLP \OOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 25, 2022 Dated: January 25, 2022 Dated: January 25, 2022 LEWIS BRISBOIS By: 5W a WM Stephen B. Welch, Esq. Attorneys for Defendant MILGARD MANUFACTURING, INC. BREMER WHITE BROWN & O’MEARA, LLP By: fiéymond Meyer,J% Justin A. Mallory, q. Attorneys for Defendant SOUTH BAY WINDOWS, INC. dba A WHOLESALE CONSTRUCTION COMPANY Jerry L. Whitney PRO SE By: Claw WW, Jerrfl. they PROfl Attorneys for Defendant Jerry L. Whitney dba JW DESIGN GROUP 4 JOINT TRIAL SETTING CONFERENCE STATEMENT 13985 Stowe Drive, Poway, California 92064 Telenhone (858\ 513-1020 / Facsimile (8583 513-1002 LORBER, GREENFIELD & POLITO, LLP 10 11 12 13 14 15 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 Case No: 19CV349803 PROOF OF SERVICE (Code CiV. Proc., §§ 1012, 1013a, 2015.5; Fed. Rules CiV. Proc., rule 5(b).) I am employed in the County 0f San Francisco, State of California. I am over the age 0f 18 and not a party t0 the within action. My business address is 142 Sansome Street, Third Floor, San Francisco, CA 94104. On January 26, 2022, I served the foregoing document described as: JOINT TRIAL SETTING CONFERENCE STATEMENT 0n the interested parties in this action, addressed as follows: gmeisenhelder@berding-weil.com; nscott@berdingweil.com; macree(a)stonelawoffice.com; stephen.welch@lewisbrisbois.com; rmever@bremerwhvte.com; ierrv@iwdesigngroup.net V (BY ELECTRONIC-MAIL) by attaching a copy 0fthe document(s) in PDF format to the email addresses confirmed by the parties listed below, pursuant to California Code 0f Civil Procedure section 1010.6, subdivision (c)(l), allowing for electronic service 0f a notice 0r 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 of the State 0f California that the above is true and correct. Executed on January 26, 2022, in San Francisco, California. W V/Leon Thomas, Jr. 5 PROOF OF SERVICE