Statement Case Management ConferenceCal. Super. - 6th Dist.August 14, 2020200V369508 Santa Clara - Civil QMCMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): David E. Barker, Esq. (SBN 190176) SBN: Taylor J. Pohle, Esq. (SBN 299794) COLLINS COLLINS MUIR + STEWART LLP 1999 Harrison Street, Suite 1700, Oakland, CA 94612 TELEPHONE No.: (909) 5 8 1 -6 1 00 FAX No. (Optional): (909) 5 8 1 -6 1 01 E-MAIL ADDRESS (Optional): dbarker@ccmslaw.com; tpohle@ccmslaw.com ATTORNEY FOR (Name): PlaintiffC2K Architecture, Inc. FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/3/2020 3:39 PM Reviewed By: System System Case #20CV369508 SUPERIOR COURT 0F CALIFORNIA, COUNTY OFSANTA CLARA STREEF ADDRESS: 191 North First Street MAILING ADDRESS: 1 91 North First Street CITY ANDZIP CODE: San Jose, 951 13 BRANCH NAMEIDowntown Superior Court Envelope: 5406675 PLAINTIFF/PETITIONER: C2K ARCHITECTURE, INC. DEFENDANT/RESPONDENT: 199 BASSETT OWNER, LLC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): m UNLIMITED CASE D LIMITED CASE 20CV369508 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: DatezDecember 15, 2020 Time:2:15 pm. Dept.:8 Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name):Taylor J. Pohle, 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):C2K Architecture, Inc, b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date):08/14/2020 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E 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 and explain why not): 199 BASSETT OWNER, LLC. The parties had been discussing potential settlement. Settlement talks recently stalled. As of 12/4/20, the Complaint is out for service. (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 ca_se 8- Type 0f Gaseln complaint E cross-complaint (Describe, including causes of action): BREACH OF CONTRACT; FORECLOSURE OF DESIGN PROFESSIONAL’S LIEN; QUANTUM MERUIT Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-1 10 [Rev. July 1, 2011] Page1 of 5 Cal. Rules of Court, rules 3720-3730 www.courts.ca.gov Westlaw Doc 8e Form Builder" CM-110 DEFENDANT/RESPONDENTZ 199 BASSETT OWNER, LLC CASE NUMBER: PLAINTIFF/PETITIONER: C2K ARCHITECTURE, INC. 20CV369508 4. 10. b. Provide a brief statement of the case, including any damages. (/fpersona/ injwy damages are sought, specify the injury 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.) PlaintiffC2K was architect of record 0n a housing development proj ect located at 199 Bassett Street, San Jose, California, 95 1 10 (“Property”). Defendant 199 Bassett Owner, LLC is the Property owner. Defendant owes C2K approximately $ 1 ,500,000 for services rendered. On May 19, 2020, C2K recorded a design professional’s lien With the Recorder’s Office. 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 a jury trial E a nonjury trial. (/fmore 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 for trial within 12 months ofthe date ofthe filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (spechj/ dates and explain reasons for unavailability): See attachment Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number):3-5 b. E hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial 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 (specifi/ code section): 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 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 sutg'ectto mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 orto civil action mediation under ode 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 tojudicial 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 ofthe California Rules of Courtorfrom civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Amount in controversy exceeds limit CM-“OIReV- Ju'v 1: 20“] CASE MANAGEMENT STATEMENT Pagan” CM-11O PLAINTIFF/PETITIONER: CZK ARCHITECTURE, INC. DEFENDANT/RESPONDENTI 199 BASSETT OWNER, LLC CASE NUMBER: 20CV369508 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 participate in the following ADR processes (check all that apply): 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, indicate the status of the processes (attach a copy of the parties'ADR stipulation): (1) Mediation HDDD Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date):September 8, 2020 (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 Neutral evaluation notyet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbindingjudicial 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 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): 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-1 10 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-11O CASE NUMBER: 20CV369508 PLAINTIFF/PETITIONER'CZK ARCHITECTURE, INC DEFENDANT/RESPONDENT:199 BASSETT OWNER, LLC 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'sjurisdiction or processing of this case and describe the status.E Bankruptcy E Other (specifix): Status: 13. Related cases, consolidation, and coordination a_ There are companion, underlying, or related cases. (1) Name 0f C8361 199 Bassett, LLC V. 199 Bassett Owner, LLC (2) Name 0f court: Santa Clara County (3) Case number: 20CV366450 (4) StatuszPendingE 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): Application for Writ 0f Attachment. 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 discovery): Party Description Date C2K ARCHITECTURE, INC. Written Discovery per code CZK ARCHITECTURE, INC. Witness Depositions per code C2K ARCHITECTURE, INC. Expert Discovery per code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-HO IReV- Ju'v 1x 20111 CASE MANAGEMENT STATEMENT Page4°f5 CM-1 10 PLAINTIFF/PETITIONEchzK ARCHITECTURE, INC. CASE NUMBER: 20CV369508 DEFENDANT/RESPONDENTI 199 BASSETT OWNER, LLC 17. Econom ic 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 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 not apply to this case): 18. Other issuesE The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a.E 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): 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 (if any):1 | 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: December 3, 2020 Taylor J. Pohle. Esq. ’ (rYPE 0R PRINT NAME) IG RE PARTY OR ATTORNEY) (SIGNATURE 0F PARTY 0R ATTORNEY)E Additional signatures are attached.(TYPE OR PRINT NAME) CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5 of5 ATTACHMENT 61C! 1/6/2021 FSC; 1/8/2021 MSC,‘ 1/18/21 thru 1/21/21 Arbitration; 1/19/2021 FSC; 1/20/2021 Trial; 1/27/2021 Trial; 2/1/2021 Trial; 2/4/2021 MSC; 2/19/2021 Trial; 2/22/2021 Trial; 2/22/2021 MSC; 2/24/2021 FSC; 3/9/2021 Trial; 3/15/2021 TRIAL; 3/17/2021 MSC; 3/17/2021 FSC; "3/26/2021 - 3/31/2021 "OUT OF OFFICE"; 3/29/2021 Trial; 3/30/2021 Trial; 4/19/2021 FSC; 4/28/2021 FSC; 5/3/21 - 5/7/21 Arbitration; 5/4/2021 Trial; 5/10/2021 FSC,‘ 5/10/2021 Trial; 5/10/21 - 5/14/21 Arbitration; 5/24/2021 Trial; "6/3/2021 - 6/16/2021” OUT OF OFFICE"; 6/24/2021 FSC; 7/8/2021 Trial; 10/1/2021 MSC; 10/21/2021 TSC; 10/25/2021 Trial; 11/1/2021 Trial; 11/8/2021 FSC; 11/15/2021 Trial; 12/10/2021 MSC; 1/10/2022 Trial; 1/18/2022 Trial; 9/1/2022 MSC; 9/12/2022 Trial; PROOF 0F SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State 0f California, ) SS. County ofAlameda. ) I am employed in the County 0fAlameda, State of California. I am over the age of 18 and not a party to the within action; my business address is 1999 Harrison St., Suite 1700, Oakland, California 94612. On this date, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested palties in this action by placing same in a sealed envelope, addressed as follows: QB SEE ATTACHED SERVICE LIST QEY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Oakland, California to be served on the panies as indicated 0n the attached service list. I am “readily familiar” with the firm’s practice 0f 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 fully prepaid at Oakland, California in the ordinary course of business. I am aware that 0n motion 0f the patty served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. jBY CERTIFIED MAIL] i I caused such envelope(s) with postage thereon fillly prepaid Via Certified Mail Return Receipt Requested to be placed in the United States Mail in Oakland, California. BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY (BY ELECTRONIC FILING AND/OR SERVICE) - Only by emailing the document(s) listed above to the parties in this action using the email addresses identified on the attached Service List. During the period of Emergency Rule #12 declared pursuant t0 the COVID-19 Pandemic, as well as the Orders of the Govemor of California and Mayor 0f Los Angeles, this office is working remotely, not readily able to send physical mail as usual, and is therefore using only electronic mail as the preferred method of communication. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission: FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier 0r dliver authorized to receive documents with delivery fees provided for. jBY FACSIMILE! - I caused the above-descn'bed document(s) t0 be transmitted to the offices 0f the interested panics at the facsimile number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (510) 844-5101 indicated all pages were transmitted. jBY PERSONAL SERVICE! - I caused such envelope(s) to be delivered by hand to the 0ffice(s) 0fthe addressee(s). Executed on December 3, 2020 at Oakland, California. §STATEQ - I declare under penalty of perjury under the laws ofthe State 0f Califomja that the above is true and correct. jFEDERALl - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. ANNA M. YDGORE o ore ccmslaw.co C2K Architecture, Inc. v. 199 Bassett Owner, LLC Santa Clara County Superior Court N0. 20CV369508 Our File No. 21905w Samuel A. Chuck, Esq. Rossi, Hamerslough, Reischl & Chuck 1960 The Alameda, Suite 200 San Jose, CA 95126 T: (408) 261-4252 Email: sam@rhrc.net Attorney for 199 Bassett, LLC