Statement Case Management Conference

Cal. Super. - 6th Dist.April 13, 2020

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number and address) Kathryn C. Klaus, Esca. SBN: 205923 Rebecca D. Martino, Esq. SBN: 236094 Coddington, Hicks & Danforth 555 Twin Dolphin Dr., ¹300, Redwood City, CA 94065-2133 TELCFHoNENo: 650-592-5400 FAxNo(optional). 650 - 592 5027 EMAILADDRESS(opboriat)t kklauS(mChdlaWyerS. COm ATTORNEY FOR(Name)'efendant Jonathon Huynh SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss: 191 North First Street MAILING ADDRESS'ITYAND zIP coDE San Jose, Calif ornia 95 1 13 BRANcH NAME: Downtown Superior Court PLAINTIFF/PETITIQNER: Samuel Yi, et al. FOR COURT USE ONLY CM-110 DEFENDANT/REsPQNDENT: Jonathon Huynh, et al. CASE MANAGEMENT STATEMENT (Check one)( gQ UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 8/18/2020 Time: 3 f45 p.m. Dept.: 21 Address of court (if different from the address above): CASE NUMBER. 20CV366032 Divz Room: Kl Notice of Intent to Appear by Telephone, by (name)t Rebecca D. Martino, Escj. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. Q3 This statement is submitted by party (nsme)( De fendant Jonathon Huynh b. ~ This statement is submitted jointly by parties (names)( 2. Complaint and cross-complaint (to be answered by p/s/nti/fs and cross-comp/s/nan/s on/y) a. The complaint was filed on (date)( b. ~ The cross-complaint, if any, was filed on (date)( 3. Service (to be answered by plaintiffs and cross-comp/s/nants on)y) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names snd exp/a/n why not)( (2) ~ have been served but have not appeared and have not been dismissed (spec) fy names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature of involvement in case, and the date by which they msy be served): 4. Description of case a. Type of case in Qg complaint ~ cross-complaint (Descnbe, including causes of action): Plaintiffs have filed their complaint against defendants for breach of implied warranty ofhabitability, breach of the covenant of quiet enjoyment, nuisance, negligence, wrongful eviction, failure to pay relosction expenses, substandard housing, violation of Civil Code section 789.3, violation of Civil Code section 1940.2, violation of Civil Code section 1942.4, violation of Civil Code section 1942.5, and intentional infliction ofemotional distress. FonnAdoptedforMandatmyUse t I CASE MANAGEIIIIENT STATEMENTJudiosl Council of California ( IjDI Eeaeri lalCM 110 [Reu. July I, 2011] ~ QPForms Yi v. Huynh Page 1 of 5 Cal Rules of Coun, rules 3 720& 730 www.cottrfs.ca gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/12/2020 11:00 AM Reviewed By: System System Case #20CV366032 Envelope: 4751054 20CV366032 Santa Clara - Civil System System PLAINTIFF/PETITIONER:Samuel Yi, et al. DEFENDANT/RESPONDENT: Jonathon Huynh, et al. CASE NUMBER'0CV366032 CM-110 Provide a brief statement of the case, including any damages. (Ifpersonal Injury damages are sought, specify the Injury snd damages claimed, including medical expenses to date (indicate source and amount), estimated future medical expenses, lost earnings Io date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief)Plaintiffs allege wrongful eviction by defendants from the propertyplaintiffs used to rent. ~ (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request Z) a jury trial ~ a nonjury trial. (Ifmofe than one party, provide the name ofeech party requesting ajury trial): Trial date a. ~ The trial has been set for (dafej: b. Qg 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 end exp/ain reasons for unavailability): See Attachment 6c. Estimated length of trial The party or parties estimate that the trial will take (check one): a. QQ days (specify number): 5 b. ~ hours (short causes) (specify): Trial representation (Io be answered for each party) The party or parties will be represented at trial Q3 by the attorney or party listed in the caption a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Cl Additional representation is described in Attachment 8. Preference~ This case is entitled to preference (specify code section): ~ by the following: 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 Qg 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 ~ 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 of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ 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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-1 10 [Rev. July 1, 2011 l ( Q3'ssentialPlFonnsr CASE MANAGEMENT STATEMENT Yi v. Huynh Page 2 of 0 PLAINTIFF/PETITIONER:Samuel Yi, et al. DEFENDANT/RESPONDENT: Jonathon Huynh, et al. CASE NUMBER 20CV366032 CM-110 t0. 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 alf that apply snd provide the specified information) 2 The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): lf 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'DR stipulation): (1) Mediation Q3 Mediation session not yet scheduled ~ Mediation session scheduled for (date): CI Agreed to complete mediation by (date): ~ Mediation completed on (date): (2) Settlement conference QQ Settlement conference not yet scheduled CI Settlement conference scheduled for (date): ~ Agreed to complete settlement conference by (date): ~ Settlement conference completed on (date): (3) Neutral evaluation ~ Neutral evaluation not yet scheduled ~ Neutral evaluation scheduled for (date): ~ Agreed to complete neutral evaluation by (dste): ~ 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 CI Private arbitration not yet scheduled ~ Private arbitration scheduled for (date): ~ Agreed to complete private arbitration by (date): ~ Private arbitration completed on (date): (6) Other (specify): C3 ADR session not yet scheduled ~ ADR session scheduled for (date): ~ Agreed to complete ADR session by (date): ~ ADR completed on (date): CM-ffotRev Jolrf,2011] /LB'ssential cab.corn PlFOltaa CASE MANAGEMENT STATEMENT Page 3 of 5 Y~ v Huynh PLAINTIFF/PETITIQNER: Samuel Yi, et al . DEFENDANT/REsPQNDENT: Jonathon Huynh, et al . CASE NUMBER: 20CV366032 CM-110 11. Insurance a. Qg Insurancecarrier,ifany,forpartyfilingthisstatement(name)/ Pacific Specialty Insurance Company b. Reservation of rights: Q3 Yes ~ 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 ~ Other(specify)/ Status: 13. Related cases, consolidation, and coordination a. ~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court; (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. ~ A motion to C) 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, snd 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. ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (descnbe a/i an/icipsied discovery): Para Descriotion Date Defendant Discovery by defendant Huynh Aug/Nov 2020 Defendant Subpoenas if medical injuries alleged Nov/Dec 2020 Defendant Depositions of plaintiffs Jan/Feb 2021 c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (speciiy): CM-110 IRev. July 1, 2011/ ('I+' Essential mgaom ~ )gFerma'ASE MANAGEMENT STATEMENT Yi v. Huynh Page 4 or I PLAiNTIFF/PETITIQNER: Samuel Yi, et al. DEFENDANT/REsPQNDENT: Jonathon Huynh, et al. CASE NUMBER 20CV366032 CM-110 17. Economic litigation a. ~ 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. ~ 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 specifical/y why economic litigation procedures relating Io discovefy or trial should not apply to this case): (8. Other issues~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify)( (9. 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 (specily)( 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: August 12, 2020 Rmtfmr c.n F) Mmvt i T)n (TYPE OR PRINT NAME) nYPE OR PRINT NAME) /c / (2(otffonnm TT Mmvt( T)n (SIGNATURE OF PARlY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) ~ Additional signatures are attached. CM-110 (Roy July 1, 20( 1) ( ~+'ssential mo.corn $8FOnna CASE MANAGEMENT STATEMENT Yi v. Huynh Posy 5 of 5 Attachment 6c Case Management Statement Trial Dates September 8, 2020 October 13, 2020 October 13, 2020 January 11, 2021 February 5, 2021 February 22, 2021 March 1, 2021 April 12, 2021 April 12, 2021 April 26, 2021 May 17, 2021 July 16, 2021 July 19, 2021 8/12/20 Superior Court, Santa Clara County Superior Court, Alameda County Superior Cour, San Francisco County Superior Court, Monterey County Superior Court, Alameda County Superior Court, Solano County Superior Coutt, Santa Cruz County Superior Cour, San Francisco County Superior Court, Los Angeles County Superior Court, Alameda County Superior Court, San Francisco County Superior Court, Alameda County USDC, Northern District PROOF OF SERVICE C&fornia Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court mle 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is hporter(Rchdlawvers.corn. 10 I am readily familiat with my employer's business practice Eor collection and processing of correspondence and documents Eor mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. On August 12, 2020, I served a copy of each of the documents listed below by placing 12 them for processing as indicated herein. 13 CASE MANAGEMENT STATEMENT 14 15 16 United States Mail:The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. 17 18 19 20 21 22 Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for collection at my place of business to be depostted in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carder to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney's office. 23 25 26 27 28 Facsimile Transmission: The correspondence or documents were placed for transmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party or attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronically to the electtonic address set forth below. State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of Court Rule 2.257(a). FederaL The recipient of this electronic service has consented to this method of service in writing, a copy of which is on file and available for inspection in my employer's office. I have received no indication the electronic transmission did not reach the recipient. 8 PERSONS OR PARTIES SERVED: 10 12 13 14 15 Attorneys for Plain tiffs Eric L. Toscano, Esq. Tenant Law Group, PC 649 Mission Street, 5th Floor San Francisco, CA 94105-4128 Telephone: (888) 510-7511 Facsunile: (888) 376-1662 eric@tenantlawvroun sf.corn Assistant: Nichelle R. Perez nichelle(Rtenantlawvrounsf.corn Attorneys for DefendantJinho Rim David S. Hoffman, Esq. 1500 East Hamilton Avenue, Suite 118 Campbell, CA 95008 Telephone: (408) 412-8427 Facsimile: (408) 412-8425 dshoffmanesoCa)aoLcom 16 17 18 19 20 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration w 020. 21 22 23 Helen Porter 24 25 26 Const Superior Courts/Califoruia, Sauta Clara Coast Action Nte 20CV366032 Case Name; Yi o. Hu2uth 27 28