Response Reply

Cal. Super. - 6th Dist.April 30, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Electronicall Filed Gerald M. Murphy (SBN 99994) Y Bryan s. Silverman (SBN 295091) by S”'°e”°r cw” °f CA’ LUBIN OLSON & NIEWIADOMSKI LLP C°unty °f santa C'a’a’ The Transamerica Pyramid 0n 4/1 [2020 4:09 PM 600 Montgomery Street, 14th Floor REVieWGd By: F- Miller San Francisco, California 941 11 Case #1 9CV3531 23 Telephone: (4 1 5) 98 1 -0550 EnveIope: 4221 743 Facsimile: (415) 981-4343 gmurphy@lubinolson.com bsilverman@lubinolson.com Attorneys for Plaintiff CEP TOWN & COUNTRY INVESTORS LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA CEP TOWN & COUNTRY INVESTORS Case N0. 19CV353 123 LLC, Limited Civil Case Plaintiff, PLAINTIFF CEP TOWN & COUNTRY V. INVESTORS LLC’S RESPONSE TO ORDER TO SHOW CAUSE CISCO BROS. CORR, dba CISCO HOME; and DOES 1 t0 10, Date: April 16,2020 Time: 10:01 am. Defendants. Dept: 19 Trial Date: Not set Plaintiff CEP TOWN & COUNTRY INVESTORS LLC (“Plaintiff”) and Plaintiff” s counsel respectfully submit this response t0 the Court’s Minute Order issued November 11, 2019, and Order to Show Cause Hearing currently set on April 16, 2020. I. PLAINTIFF SERVED DEFENDANT WITH THE OPERATIVE COMPLAINT AND THE PARTIES ARE PURSUING MEDIATION OF PLAINTIFF’S CLAIMS. Plaintiff filed its Complaint for Breach of Contract in this limited civil action on August 7, 2019. Following service, Plaintiff agreed t0 an extension 0f time for Defendant CISCO BROS. CORR, dba CISCO HOME (“Defendant”) t0 answer the Complaint while the parties participated in mediation. It took several months t0 schedule the mediation 0n a mutually-available date. The parties’ mediation was originally set for December 19, 2019, and then early February 3, 2020. The 00145.02045/1 1 1 8378V1 1 RESPONSE TO ORDER TO SHOW CAUSE .p \DOOQONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 mediation was postponed again, prior to the current public health crisis, to April 13, 2020. Due to the California and Santa Clara County Shelter-In-Place Orders to address the COVID-19 Virus, the parties have postponed their mediation until the Orders are lifted. II. DESPITE FILING A CMC STATEMENT AND RESERVING A COURTCALL APPEARANCE, PLAINTIFF’S COUNSEL INADVERTENTLY DID NOT APPEAR FOR THE CASE MANAGEMENT CONFERENCE ON NOVEMBER 19, 2020 With respect to the Case Management Conference on November 19, 2020, Plaintiff e-filed a case management conference statement 0n November 12, 2019. Plaintiff’s counsel also reserved a CourtCall appearance. However, due to an inadvertent oversight, Plaintiff’s counsel did not appear for the CMC. Plaintiff’s counsel apologizes for wasting valuable Court and staff time and effort. A Minute Order was issued after the CMC, but not served 0n Plaintiff’s counsel’s office. On January 9, 2020, Plaintiff’s counsel received a Notice t0 Appear for an unspecified Order t0 Show Cause hearing 0n April 16, 2020. After receiving the Notice to Appear, Plaintiff’s counsel obtained a copy 0f the Court’s Minute Order and upon further investigation determined that the OSC hearing pertained t0 Plaintiff’s counsel’s non-appearance at the Case Management Conference on November 12, 2020. III. PLAINTIFF AND PLAINTIFF’S COUNSEL RESPECTFULLY REQUEST THE COURT SET A FURTHER CMC RE: MEDIATION, OR ALLOW PLAINTIFF’S COUNSEL TO APPEAR TELEPHONICALLY FOR THE OSC HEARING Plaintiff and Plaintiff” s counsel respectfully request that the Court remove the April 16 OSC hearing from the Court’s calendar and set a further case management/status conference s0 that the patties may report their mediation status. In the alternative, given the current shelter-in- place orders and health concerns associated with large gatherings, Plaintiff” s counsel respectfully requests that the Court allow Plaintiff’s counsel t0 appear telephonically for the OSC hearing 0n April 16, 2020. Dated: April 1, 2020 LUBIN OLSON & NIEWIADOMSKI LLP@Wm Bryan S. SQ§erm3n Attorneys for CEP TOWN & COUNTRY INVESTORS LLC 00145.02045/1118378v1 2 RESPONSE TO ORDER TO SHOW CAUSE .p \OOOQONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE CEP Town & Country Investors LLC v. Cisco Bros. Corp, dba Cisco Home Santa Clara Superior Court, Case N0. 19CCV353 123 At the time 0f service, I was over 18 years of age and not a party t0 this action. I am employed in the County 0f San Francisco, State of California. My business address is The Transamerica Pyramid, 600 Montgomery Street, 14th Floor, San Francisco, CA 941 1 1. On April 1, 2020, I served true copies 0f the following document(s) described as PLAINTIFF CEP TOWN & COUNTRY INVESTORS LLC’S RESPONSE TO ORDER TO SHOW CAUSE on the interested parties in this action as follows: Frank Seddigh Cisco Bros. Corp. 5955 S. Western Avenue Los Angeles, CA 90047 Telephone: (7 14) 348- 1 O77 Email: Frank@ciscobrothers.com Attorneysfor Defendant Cisco Bros. Com. dba Cisco Homes BY ELECTRONIC SERVICE: I electronically filed the document(s) With the Clerk 0f the Court by using the One Legal system. Participants in the case who are registered users Will be served by the One Legal system. Participants in the case Who are not registered users will be served by mail or by other means permitted by the court rules. I declare under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct. Executed on April 1, 2020, at San Francisco, California. Walk) 00 145.02045/1 1 1 8378V1 PROOF OF SERVICE