Statement Case Management ConferenceCal. Super. - 6th Dist.October 30, 2020Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/25/2022 10:34 AM Reviewed By: R. Fleming Case #20CV372857 Envelope: 8371633 20CV372857 Santa Clara - Civil R. FlemingCM-1 10 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLYSPINELLI, DONALD & NOTT J. Scott Donald (SBN 158338); Thomas R. Boswell (SBN 325656) 601 University Ave., Suite 225 Sacramento, CA 95825 TELEPHONE No '(916) 448-7338 FAX No (Optional; (915) 448-6888 E-MAIL ADDRESS-‘scottd@sdnlaw.com ATTORNEY FOR(Name):Defendants, Elliot French, Mariposa Peak and M&J French Ranch, SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS:191 North First Street MAIIJNG ADDRESS: CITY AND ZIP CODESan Jose, CA 951 1 3 ' BRANCH NAME. PLAINTIFF/PETITIONERiGIOVANNOTI'O LAND AND CATTLE, LLC DEFENDANT/RESPONDENTiELLlOT FRENCH. et al. - CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 200V372857 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 15, 2022 Time: 10:00 a.m. Dept: 20 Div.: Civil Room: Address of court (if different from the address above): [7Q Notice of Intent to Appear by Telephone, by (name): Thomas R. Boswell INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Defendants, Elliot French, Mariposa Peak and M&J French Ranch, LLC b. Cl 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): b. E The cross-complaint, if any. was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. D All parties named in the complaint and cross-complaint have been sewed, 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) D have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of case a. Type of case in E complaint D cross-complaint (Descn’be, including causes of action): Trespass; Private Nuisance; Public Nuisance; Intentional lnfliction of Emotional Distress; Negligent Infliction of Emotional Distress; Elder Abuse; Civil Conspiracy; Aiding and Abetting a Tort; Violation of Bane Act; Declaratory Relief; Permanent Injunc Page 1 of 5 Form Adopted fot Mandatory Use CASE MANAGEMENT STATEMENT Cfl‘eiuééizicaoygdJudicial Council of California CM-1 1 0 [Rev. September 1. 2021] WWW courtsca‘gov CM-110 PLAINTIFF/PETITIONER:GIOVANNOTTO LAND AND CATTLE, LLC CASE NUMBER; DEFENDANT/RESPONDENT:ELLI0T FRENCH, et aI. 200V372857 4. b. Provide a brief statement of the case, including any damages. (If personal injury 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.) Plaintiff alleges Defendants used a bulldozer on their property to create breaks in fire lines in response to the SCU complex fire and resulting damages. E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties requestE a jury trial S a nonjury trial. (lfmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E Thetrial has been setfor (date): b. No trial date has been set. This case will be ready for trial within 12 months ofthe 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 and explain reasons for unavailability): See Attachment 60 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5 - 7 days b‘ E: hours (shod causes) (specify): 8. 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 D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e E-mailaddress: g. Partyrepresented: {j Additional representation is described in Attachment 8. 9. PreferenceD 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 coun under rule 3.221 ofthe California Rules of Court for information about the processes available through the court and community programs in this case‘ (1) For parties represented by counsel: Counsel E 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: Party E] has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1)E This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to 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 Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): cw 1o [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 0f 5 CM-1 1 0 { PLAINTIFF/PETITIONER:G|0VANNO1TO LAND AND CATTLE, LLC CAsE NUMBER- ‘ DEFENDANT/RESPONDENTzELLim FRENCH, et aI. 200V377-857 10. C. Indicate the ADR process or processes that the party 0r panies are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified infomation): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing 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 panies’ ADR processes (Check all that apply): stipulation): Mediation session not yet scheduledE Mediation session scheduled for (date): 1 M d' t' : 1( ) e la Ion E Agreed to complete mediation by(date): I: Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement m E Settlement conference scheduled for(date): conference E Agreed to complete settlement conference by (date):E Settlement conference completed on (date): E Neutral evaluation not yet schedu|edE Neutral evaluation scheduled for (date): (3) NeUtral evaluauon D E Agreed to complete neutral evaluation by (date): :1 Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbindingjudicial E C] Judicial arbitration scheduled for (date): arbitration E Agreed to completejudicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date):E Private arbitration completed on (date): I: ADR session not yet scheduled (6) Other (specify): l: E ADR session scheduled for (date):E Agreed to complete ADR session by (date):E ADR completed on (date): CM-1 10 [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT P399 3 0f 5 CM-110 PLAINTIFF/PETITIONERGIOVANNm-ro LAND AND CATTLE, LLC CASE NUMBER DEFENDANT/RESPONDENT:ELLIOT FRENCH, et aI. 200V372857 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Markel b. Reservation of rights: Yes E No c. [:] Coverage issues will significantly affect resolution ofthis case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.E Bankruptcy [:I Other (specify): Status: 13. ReIated cases, consolidation, and coordination a. [j 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. E3 A motion to E consolidate E coordinate will be filed by (name party): 14. Bifurcation [j 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D 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 D_at_e Defendants, Elliot, Mariposa and M&J Written Discovery Per Code Defendants, Elliot, Mariposa and M&J Depositions Per Code Defendants, Elliot, Mariposa and M&J Expert Discovery Per Code c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM‘“°‘R“ Sep‘embe’ " 2°21] CASE MANAGEMENT STATEMENT P39°4°fs CM-110 PLAINTIFF/PETITIONER:G|0VANN0TT0 LAND AND CATTLE, LLC CASE NUMBER; DEFENDANT/RESPONDENTELLIOT FRENCH, et aL 200V372857 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. D 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 discove/y 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. The party or padies have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules of Court (ifnot, explain): b. E After meeting and conferring as required by rule 3.724 0f the California Rules of Court. the parties agree on the following (specify): 20. Wotal number of pages attached (if any): 1 l 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 issue at the time of the case management conference, including the written authority ofthe party where required. fl Date: February 23, 2022 Thomas R. Boswell }W (TYPE 0R PRINT NAME) ' //(flGNATURE OFFAMR/AWV) (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached. CM-110 [Rev September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 A Nam 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COURT: Superior Court 0f California, County of Santa Clara CASE NO.: 20CV372857 CASE NAME: Giovannotto V. Elliot French, et a1. 6(0) Attachment 6(0) t0 Case Management Statement Lead Counsel Trials: 03/1 1/22 - 04/01/22 - Trial in Alameda County 03/28/22 - 03/30/22 - Trial in Butte County 05/05/22 i 05/1 1/22 - Trial in Marin County 06/27/22 ~ 07/08/22 - Trial in San Francisco County 07/26/22 - 08/05/22 ~ Trial in Sutter County 08/08/22 ~ 08/ 1 6/22 - Trial in Sacramento County 09/1 2/22 - 09/20/22 - Trial in Northern District 0fCA 12/05/22 - 12/1 6/22 ~ Trial in Alameda County 01/13/23 i 01/18/23 - Trial in Alameda County 05/01/23 - 05/03/23 - Trial in Sacramento County Page 1 of l 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE COURT: Superior Court of California, County 0f Santa Clara CASE NO.: 20CV372857 CASE NAME: Giovannotto V. Elliot French, et a1. I am a citizen 0fthe United States, employed in the County 0f Sacramento, State 0f California. My business address is 601 University Avenue, Suite 225, Sacramento, CA 95825. I am over the age of 18 and not a party to the above-entitled action. I am readily familiar with Spinelli, Donald & Nott’s practice for collection and processing 0f correspondence for mailing with the United States Postal Service. Pursuant t0 said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day’s mail is collected and deposited in a U.S. mailbox at or before the close 0f each day’s business. (CCP Section 1013a(3) 0r Fed.R.CiV.P.5(a) and 4.1.) On the date set forth below, I served the attached CASE MANAGEMENT STATEMENT, the original 0f which was produced 0n recycled paper, t0 be served Via: MAIL-- Placed in the United States Mail at Sacramento, California in an envelope with postage thereon fully prepaid addressed as follows: X E-MAIL OR ELECTRONIC TRANSMISSION ONLY-- I e-mailed a true and correct copy 0f the above-referenced document(s) t0 the addressee(s) at the e-mail address(es) listed below. This e-mail service is in compliance with State and Local Orders due t0 the restrictions presently in place relating t0 the COVID-19 pandemic and the many places 0f business currently closed or working from a remote location. SEE ATTACHED SERVICE LIST PERSONAL SERVICE- By causing delivery by hand to the addressee addressed as follows: FEDERAL EXPRESS-- By causing overnight delivery by Federal Express 0f the document(s) listed above t0 the person(s) at the address(es) set forth below: I declare under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct. Executed 0n February 25, 2022, at Sacramento, California. PROOF OF SERVICE SERVICE LIST COURT: Superior Court 0f California, County of Santa Clara CASE NO.: 20CV372857 CASE NAME: Giovannotto v. Elliot French, et a1. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorneys [0r Plainttfls Daniel C. Stein, SBN: 250102 BAKER MANOCK & JENSEN PC 5260 N. Palm Ave., Suite 421 Fresno, CA 93704 Phone: (559) 432-5400 Fax: (559) 432-5620 dstein@bakermanock.com Cdelmerfimakermanockcom Attorney for Defendant Stanlev G. Silva Jr. Trucking Inc. Scott B. Spriggs Qinglan Melody Ye KINKLE, RODIGER AND SPRIGGS 3333 Fourteenth Street Riverside, CA 92501 Telephone: (951) 683-2410 Facsimile: (951) 683-7759 slowe(&)krs-law.com ss r'i 'r vs@krs-law.com cramboflbkrs-Iaw.com Attorney for Defendant Twenty Four Seven Livestock and Wyatt Bourdet David S. Webster Matthew A. Wilson WOOD, SMITH, HENNING & BERMAN LLP 140] Willow Pass Road, Suite 700 Concord, CA 94520 Telephone: (925) 222-3400 Facsimile: (925) 356-8250 dwebsterfd‘)wshblaw.com mwilliams@wshblaw.com Attorney for Defendant Paul Souza Burleigh E. Cooper, Esq. GRUNSKY LAW FIRM PC 240 Westgate Drive Watsonville, CA 95076 Tel: 831.722.2444 Fax: 831.722.6153 bcooper(EDgrunskylaw.com mlal'cher@grunskylaw.com Attorney for Defendant Hansen Ranch LLC and Hawkins Ranch LLC Jon B. Zimmerman Greg Cohen MESSNER REEVES LLP 160 W. Santa Clara Street, Suite 1000 San Jose, CA 951 13 Telephone: (408) 298-7120 Facsimile: (408) 298-0477 inmmermanfrbmessnerfiom gcc>henfa7messnencom itin1bol@messner.com 2 PROOF OF SERVICE