Statement Case Management ConferenceCal. Super. - 6th Dist.June 1, 2020200V366897 Santa Clara - Civil QMeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Edward J. Riffle, Esq. (State Bar N0. 193983) Bradley D. Doucette, Esq. (State Bar No. 32261 1) COLLINS COLLINS MUIR & STEWART LLP 1100 E1 Centro Street, South Pasadena, CA 91030 TELEPHONE No.: (626) 243-1 100 FAX No. (0ptiona/):(626) 243-1 1 1 1 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): WENDT INDUSTRIES, INC. dba CLUB RESOURCE GROUP FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/21/2020 8:57 AM Reviewed By: System System Case #20CV366897 SUPERIOR COURT OF CALIFORNIA, COUNTY OFSanta Clara STREEr ADDRESS: 1 61 N. First St. MAILING ADDREss:161 N. First St. CITY ANDZIP CODE: San Jose 951 13 BRANCH NAME: Old Courthouse Envelope: 4964491 PLAINTIFF/PETITIONER: WENDT INDUSTRIES, INC. DEFENDANT/RESPONDENT: 24 HOUR FITNESS USA, INC, et a1. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 20CV366897 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 10/06/2020 Time: 3:00 pm. Dept.:20 Div.: Room: Address of court (if difierent from the address above): Notice of Intent to Appear by Telephone, by (name):Bradley D. Doucette, Esq. 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).‘WENDT INDUSTRIES, INC. dba CLUB RESOURCE GROUP (“CRG”) b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-com plaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date):06/01/2020 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants 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) 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) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofinvo/vement in case, and date by Which they may be served): 4. Description of case a- Type 0f case in complaint E cross-complaint (Describe, including causes of action): CRG filed its Complaint for: Foreclosure of Mechanic's Lien, Breach 0f Contract; Common Count and Declaratory Relief. Page1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-1 10 [Rev. July 1, 2011] Cal. Rules of Court, rules 3720-3730 www.courts.ca.gov Westlaw Doc 8: Fonn Bu'lder'" CM-110 DEFENDANT/RESPONDENTS 24 HOUR FITNESS USA, INC. CASE NUMBER: PLAINTIFF/PETITIONER: WENDT INDUSTRIES, INC. ZOSTCV20384 4. b. Provide a brief statement of the case, including any damages. (/fpersona/ injury damages are sought, specify the injwy 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.) On 0r about June 1, 2017 CRG entered into a Master Purchasing Agreement with 24 Hour Fitness t0 provide certain furnishings, fixtures, flooring, and related products and accessories to Defendants for the gym located at 1610 Crane Court. Defendants have failed to pay prior invoices for services properly rendered by CRG Which With all proper charges due under the contract totaled $27,655.67. CRG filed its mechanic's lien 0n April 2, 2020 and has since removed the mechanics’ lien. E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request ajury trial E a nonjury trial. (lfmore than one party, provide the name of each party requesting a jury trial): Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready fortrial within 12 months ofthe date ofthe filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 12/04/20; 12/07/20; 01/04/21; 01/1 1/21; 02/08/21; 02/16/21; 02/08/21; 02/21/21; 02/22/21; 03/05/21; 03/08/21; 03/22/21; 04/12/21; 06/09/21; 07/26/21; 08/03/21; 08/16/21; 09/03/21; 09/07/21; 10/21/21; and 11/08/21 (Trial Start Dates) Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 1-3 days b. E hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented attrial 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. 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 aboutthe processes available through the court and community programs in this case. (1) For parties represented by counsel: CounselE 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 self-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial arbitration or civil action mediation (if available). (1) E This matter is subjectto mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 orto civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E 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) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtorfrom civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“OIReV- Ju'v 1: 20111 CASE MANAGEMENT STATEMENT Pagan” CM-11O PLAINTIFF/PETITIONER: WENDT INDUSTRIES, INC. DEFENDANT/RESPONDENT224 HOUR FITNESS USA, INC. CASE NUMBER: ZOSTCV203 84 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 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, participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check a/l that apply): stipulation): (1) Mediation I DUDE Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation E Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial E 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 E arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specifiI): E DUDE DUDE DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-11o PLAINTIFF/PETITIONERWENDT INDUSTRIES, INC_ CASE NUMBER: _ 203TCV20384 DEFENDANT/RESPONDENTQ4 HOUR FITNESS USA, INC‘ 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: 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. Bankruptcy E Other(specify): Status: Defendant 24 Hour Fitness is currently in bankruptcy (U.S. Bankruptcy Court for the District 0f Delaware, Case 20-1 1-561-KBO). CRG filed a Notice of Partial Stay as to 24 Hour Fitness on or around July 8, 2020 in this matter. 13. Related cases, consolidation, and coordination a_ E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b_ E A motion to E consolidate E coordinate will be filed by (name party): 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 party, type of motion, and reasons): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): Plaintiffmay file a motion for summary judgment / adjudication. 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 discovely): Pa_rt¥ Descrigtion Date Wendt Industries, Inc. Discovery and depositions of defendants Per Code Third party discovery and depositions Per Code Expert depositions Per Code 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-1 10 PLAINTIFF/PETITIONER:WENDT INDUSTRIES, INC. CASE NUMBER:- ZOSTCV20384 DEFENDANT/RESPONDENT: 24 HOUR FITNESS USA, INC. 17. Economic litigation a.E 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 withdrawthe 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 The party or parties request thatthe following additional matters be considered or determined at the case management conference (SPeCifY): Defendant 24 Hour Fitness USA Inc. filed for Chapter 11 bankruptcy on or about June 15, 2020. 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules of Court (if not, explain): Counsel for Plaintiff will attempt t0 meet and confer prior t0 the case management conference. 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):0 | 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 ofthe party where required. Date: September 14, 2020 Bradlev D. Doucette. Esq. ’ (rYPE 0R PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached. CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page5of5 \DWQQUIAOJNH NNNNNNNHHHHHHHHHH O‘NUIhMNHGWWQGNUI&MNHG 27 COLLINS COLLINS MUIR+ STEWART“ 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1 1 11 PROOF OF SERVICE (CCP §§ 1013(3) and 2015.5; FRCP 5) State of California, ) ss. County of San Bernardino. ) I am employed in the County 0fSan Bernardino. I am over the age of 1 8 and not a party to the Within action. My business address is 10681 Foothill Boulevard, Suite 260, Rancho Cucamonga, California 91730. On this date, I served the foregoing document described as CASE MANAGEMENT STATENIENT on the interested parties in this action by placing same in a sealed envelope, addressed as follows: Richard M. Watts, Jr., Esq. PETERSON WATTS LAW GROUP LLP 2267 Lava Ridge Court, Suite 210 Roseville, CA 95661 (916) 780-8222 - FAX: (916) 780-8775 rwatts@petersonwatts.com ATTORNEYS FOR DEFENDANT CRANE COURT, LLC g gfiY MAIL} - I caused such envelope(s) with postage thereon fiJlly prepaid t0 be placed in the United States mail in South Pasadena, California to be served on the parties as indicated above. I am “readily familiar” With the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day With postage thereon fillly prepaid at South Pasadena, California in the ordinary course 0f business. I am aware that 0n motion 0f the party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date of deposit for mailing in affidavit. D (BY CERTIFIED MAIL) -I caused such envelope(s) with postage thereon fully prepaid Via Certified Mail Return Receipt Requested t0 be placed in the United States Mail in Rancho Cucamonga, California. D BY EXPRESS MAIL OR ANOTIIER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY D (BY ELECTRONIC FILING AND/OR SERVICE) -I served a true copy, with all exhibits, electronically on designated recipients listed on the attached Service List on: (Date) at (Time) D FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents With delivery fees provided for. D gBY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested patties at the facsimile number(s) indicated above and the activity report(s) generated by facsimile number (909) 58 1 -6 1 01 indicated all pages were transmitted. D (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). Executed on September 21, 2020 at Ontario, California. E gSTATEL - I declare under penalty of peljury under the laws of the State of California that the above is true and correct. D gFEDERAL! - I declare thatI am employed in the office of a member of the bar ofthis court at whose direction the service was made. DENLSJE WELCH dwelch@ccmslaw.corn 19167.8 1 [Click and Type Abbreviated Title]