Statement Case Management ConferenceCal. Super. - 6th Dist.August 3, 2020ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sfsle Bsr number end address): Kathryn C. Klaus, Esq. 205923/ E. Gregory Nelch, Esq. 113253 Coddington Hicks & Danforth 555 Twin Dolphin Drive Redwood City, CA 94065 mLEPHoNE Non 650 592 - 5400 FAxNo(opdonel)r 650 592 5027 EMAILADDREss(opsons0 hnelChfeChdlaWyerS . COm ATTORNEY FOR (Name) David G. Weinstein and Shoshana L. Weinstein sUPERIQR coURT oF CALIFDRNIA, coUNTY oF SANTA CLARA sTREETADDREsa 191 North First Street MAILINGADDREsa San Jose, California 951 13 CITY AND ZIP CODE. BRANCH NAME: PLAINTIFF/PETITIQNER'. Arie Litman and Ivjona Litman FOR COURT VSE ONL Y CM-110 DEFENDANT/RESPONDENT: David G. Weinstein, Shoshana L. Weinstein, and Does 1 to 50 CASE MANAGEMENT STATEMENT (Check one)( Q3 UNLIMITED CASE CI LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: April 20, 2021 Time: i0100 a.m. Dept.: 19 Address of court (if different from the address above): CASE NUMBER'0CV368981 Divx Room: ~ NoticeoflntenttoAppearbyTelephone,by(name)( H. Gregory Nelch INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one)( a. El This statement is submitted by party (nsme)) Def . David G. weinstein and shoshana L. weinstein b. CI This statement is submitted jointly by parties (names)( 2. Complaint and cross-complaint (fo be answered by plaintiffs snd cross-comp(a)nants only) a. The complaint was filed on (dale)( b. Q3 The cross-complaint, if any, was filed on (date)( 10/15/20 3. Service (fo be answered by plaintiffs snd cross-comp(a(nsnls on!y) a. QQ 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 (spec(fy names snd explain why not)( (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) C3 have had a default entered against them (specify names): c. C3 The following additional parlies may be added (spec(fy names, nature of involvement in case, and the date by which they may be served): 4. Description ot case a. Type of case in Plaintiffs alleged to tree roots ~ complaint ~ cross-complaint (Descr(bs, includingcausesofaction). seek recovery of nuisance damages for property damage vehicles, roof, and driveway from overhanging tree and that appears to be about $ 30k in damages. FormAdoptedforMsndalomuse t I CASE MANAGEMENT STATEMENTJudraal Counal of Csafomia ( ~ ESSE(ltlalDMIIO[Reu.July1,201'll jartorms Page I afs Csl. Rules of Coun, ales 3.720-3 730 wwtu oonlle os gou CSAA Insurance Group, a AAA Insu Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/6/2021 2:22 PM Reviewed By: System System Case #20CV368981 Envelope: 6184244 20CV368981 Santa Clara - Civil System System PLAINTIFF/PETITIONERArie Litman and Ivfona Litman DEFENDANT/RESPONDENT: David G. Weinstein, Shoshana L. Weinstein, and Does 1 to 50 CASE NUMBER: 20CV368981 CM-110 b. Provide a brief statement of the case, including any damages. (II personalinjury damages are sought, specify theinjury end damages claimed, including medical expenses to date (indicate source and amount), estimated future medical expenses, lost earnings Io date, snd estimated future lost earnings. If equitable reliefis soughl, describe the nature of the relief) ~ (If more space is needed, check this box and attach a page designated as Attachment sb.) Jury or nonjury trial The party or parties request ~ a jury trial ~ a nonjury trial. (If more than one party, provide the name of each party requesting sjufy trial): Trial date a. ~ The trial has been set for (date): b. Q3 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 nof, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates end explain reasons for unavaiisbiiity)J Trials: 6/21/21, 7/6/21, 7/9/21, 7/12/21,7/16/21,9/13/21,10/25/21,11/1/21,12/6/21, I/10/22,1/24/22,2/7/22,4/11/22,4/25/22,6/6/22 Estimated length of trial The party or parties estimate that the trial will take (check one): a. gg days (specify number): 3 - 4 days b, ~ hours (short causes) (specify)J Trial representation (to be answered for each party) The party or parties will be represented at trial [Q 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:~ 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 C3 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.110 [Rev. July 1, 201 1] ( fB'ssential PJFcnns CASE I!IIANAGEMENT STATEMENT page 2 uf s CSAA Insurance Group, a AAA Insu PLAINTIFF/PETITIONER:Arie Litman and Mona Litman DEFENDANT/RESPONDENT: David G. Weinstein, Shoshana L. Weinstein, and Does 1 to 50 CASE NUMEEPI'0CV368981 Cliff-110 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 s/I that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check a/I that apply): If the parly 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): (I) Mediation (Q Mediation session not yet scheduled ~ Mediation session scheduled for (date): ~ Agreed to complete mediation by (date): ~ Mediation completed on (dsfe): (2) Settlement conference Q3 Settlement conference not yet scheduled ~ Settlement conference scheduled for (dale): ~ 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): Cl Agreed to complete neutral evaluation by (da/e): ~ Neutral evaluation completed on (dale): (4) Nonbinding judicial arbitration C3 Judicial arbitration not yet scheduled ~ Judicial arbitration scheduled for (date): ~ Agreed to complete judicial arbitration by (date): ~ Judicial arbitration completed on (dete): (5) Binding private arbitration ~ Private arbitration not yet scheduled ~ Private arbitration scheduled for (date) 2 ~ Agreed to complete private arbitration by (date): ~ Private arbitration completed on (date): (6) Other (specify): ~ ADR session not yet scheduled ~ ADR session scheduled for (dale)r ~ Agreed to complete ADR session by (date): ~ ADR completed on (dale): CM-110 inev. July l, 20l ll Essential n @Forms. CASE MANAGEMENT STATEMENT Page 2 ol g CSAA Insurance Group, a AAA Insu PLAINTIFF/PETITIQNER:Arie Litman and Mona Litman DEFENDANT/RESPONDENT: David G. Weinstein, Shoshana L. Weinstein, and Does 1 to 50 CASE NUMBER: 20CV368981 CM-110 11. Insurance a. Qg Insurance carrier, if any, for party filing this statement (name)/ csAA Insurance Group, a AAA Insurer b. Reservation of rights: ~ Yes ~ No c. QQ Coverage issues will significantly affect resolution of this case (explain): Some claims are not potentially covered under t)te policy, including preposterous claim for punitive damages. 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, consoffdation, 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. Cl A motion to ~ 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, and reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (speci/'y moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. QQ The following discovery will be completed by the date specified (describe a//anticipated discovery): ~Part Descriotion Defendant Written Discovery Defendant Subpoena of records Defendant Party depositions Defendant Percipient witness depositions Defendant Expert discovery Date Ongoing July-Aug. 2021 Oct.-Nov. 2021 Jan.-F200. 2022 Per Code c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify)/ CM.110 [Rev. July 1, 2011] Ci B Essential eeaeee pJFcrma. CASE MANAGEMENT STATEMENT eeSe e el 0 CSAA Insurance Group, a AAA Insu PLAINTIFF/PETITIQNER: Arie Litman and Mona Litman DEFENDANT/RESPONDENT; David G. Weinstein, Shoshana L. Weinstein, and Does 1 to 50 CASE NUMBER. 20CV368981 CM-110 17. Economic litigation a. C3 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. C3 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 nol apply to this case): 18. Other issues Q3 The party or parties request that the following additional matters be considered or determined at the case management conference(specify)I Arborworks will be dismissed in next couple of weeks. parties have delayed all discovery to get case into early private mediation. Parties are informally exchanging information. We would respectfully request the court put the matter over 90 days to give the parties the opportunity to complete informal discovery and either settle the case or get it into private mediation. 19. Meetandconfer a. Q3 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)I 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: April 6, 2021 1) (".vc rfnvfr RTM1 r h (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SI(YNATIfff OF pARTY oR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) Cl Additional signatures are attached. CM-110 IRev July I, 201 II 'ssential fJFomls CASE MANAGEMENT STATEMENT Psse 5 01 5 CSAA Insurance Group, a AAA tnsu OCourtCall'383 A ianna CircleLos Angeles, CA 90045Phoae: (88(r, 882-6878Fax. (888} 8832946 Cou lCail.coin Court Conferences isa sivaic, cdCn rtcatr Cour(Call Appearance - Service Copy This document shall serve as notice of a CourtCall Appearance by the participant listed below in the referenced case. Others wishing to appear remotely should contact CourtCall, LLC at (888) 882-6878 or (310) 342-0888. H. Gregory Nelch Coddington, Hicks 8t Danforth Teh (650) 592-5400 (650) 592-5027 Case Name: Litman vs. Weinstein Case Number: 01-20CV368981 Court Name: Santa Clara County Superior Court (CA) Dept/Judge: 19 / Judge Peter Kirwan (VC) Proceeding: Case Management Conference Date/Time: Tuesday, April 20th, 2021 at 10:00 AM PT Note: this is not a Confirmation of your CourtCall Appearance. Each participant must make his or her own arrangements with CourtCall. While clients can save money and Courts can become more efficient and generate revenue, CourtCall has the most impact upon practicing attorneys as it helps to give them their lives back. Attorneys can use the time they save using CourtCall to catch-up on other pressing matters, enjoy time with family and friends or otherwise take advantage of the time no longer spent traveling to and from Court. Call us for details. There are no subscriptions or equipment to buy. COURTCALL VIDEO IS HERE! CourtCall is equipping Coultrooms of interested Judges with its state-of-the-art, browser-based video conferencing platform, enabling full video participation for traditional CourtCall Appearances. Lawyers only need a computer with sufficient bandwidth and a webcam to view and/or share video in accordance with a Judge' preferences. To learn more about video options, please ask a CourtCall representative. The foregoing information may have been obtained from court records which may not reflect recent calendar changes. If it is inaccurate because your appearance has been continued, please apply this information to the new date. If the matter is off calendar, you have no involvement in the case or you do not wish to use this service, please disregard this notice. Do not call the Court Clerk. Our representatives are avaiiable to make presentations for your firm, your clients, Bar Associations or other groups. Please call to schedule a presentation. Remote Appearances. Simplified. CourtCall Appearances are available for over 2,000 Judges nationwide, with additional Courts being added monthly. Please visit our website at www.courtcall.corn for a complete list of participating Courts and Judges across the US, Canada and other jurisdictions. NOTFO [P] SERVICE COPY FOR COURTCALLga APPEARANCE Copyright tb 2D21 CourtCall, LLC. AE Rights Reserved. PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 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 5 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 aprasadHchdlawyers.corn. I am readily familiar with my employer's business practice for collection and processing of correspondence and documents Eor mailing with the United States Postal Service, mailing via 10 overnight delivery, transmission by facsimile machine, and delivery by hand. 12 On April 6, 2021, I served a copy of each of the documents listed below by placing them Eor processing as indicated herein. 13 DEFENDANTS CASE MANAGEMENT STATEMENT 14 15 16 United States Mail:The coriespondence 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 23 24 25 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 deposited in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to recce such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence ot 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. Facsimile Transmission: The correspondence ot documents were placed Eor 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. 27 28 Electronic Transmission: The correspondence or documents were transmitted electronically to the electronic 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 patty to the action or proceeding in which it is filed, in the manner provided in C&fornia 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. PERSONS OR PARTIES SERVED: 10 12 13 David W. Wessel Law Offices of Boris Efron 130 Portola Road Portola Valley, CA 94028 Telephone: (650) 851-8880 Facsimile: (650) 851-3001 E-mail:DWessel(@efronlawfirm.corn 14 15 16 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 pril 6, 2021. 17 18 Ani/a Prasad 19 20 21 Court: Superior Court ofCaliforne'a, Santa Clara Countt Action Nm 20CV368981 Case Name: Litrnan v. I@einstein 22 23 24 25 26 27 28