Statement Case Management ConferenceCal. Super. - 6th Dist.October 29, 2020200v373666 Santa Clara - Civil TELEPHONE N0.: (41 5) 341 -531 8 FAX No. (Optigfiao: E-MAIL ADDRESS (Optional).- bgibbs@bgesq.com ArrORNEY FOR (Name).- Defendant and Cross-Complainant SRU Preperties (and SureTec) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDRESS: 191 North First Street MAILING ADDRESS: CITYAND ZIP CODE: San Jos‘e, Ca 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: Suitable Construction DEFENDANT/RESPONDENT: SRU Properties, et al. County of Santa Clara, on 3/16/2022 4:13 PM Reviewed By: R. Fleming Case #20CV373666 Envelope: 8527406 CM-1 10 ATTORNEY 0R PARTY WITHOUT ATrORNEY (Name, State Barnumber, and address): - R_ Fl - Brett L. Gibbs (SBN 251 000) F0” °°URTUSE ONLY em' "9 Brett L. Gibbs, Esq. 28 Altamont Avenue Electronically Filed . Mill Valley. California 94941 by Superior Court of CA i CASE MANAGEMENT STATEMENT (Check one): E UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 200V373666 A CASE MANAGEMENT CONFERENCE is scheduled as foilows: Address of court (if different from the address above): [a Notice of Intent to Appear by Telephone, by (name): Brett L. Gibbs Date: March 29, 2022 Time: 10:00 am Dept: 20 Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. [:1 This statement is submitted by party (name): b. [Z] This statement is submitted jointly by parties (names): SRU Properties and SureTec Insurance Company 2. Com plaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): October 29, 2020 b. E] The cross-complaint, if any, was filed on (date): September 28, 2021 3. Service (to be answered by plaintiffs and cross-complainants only) a. [Z] 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) [j 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) [:j 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 [a 'cross-complaint (Describe, including causes ofaction): Complaint: Breach of Contract, Open Book Account, Account Stated, Reasonable Value, and Foreclosure of Mechanics' Lien Cross-Complaint: Breach’of Contract, Negligence, Breach of'Express and Implied Warranties, and Negligence Per Se. Page 1 of 5 F°’m Adm" f"Mammy Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-1 1 O [Rev. July 1, 201 1] Cal. Rules of Court, rules 3720-3730 www.courts.ca.gov CM-1 10 PLAINTIFF/PETITIONER: Suitable Construction CASE NUMBER: DEFENDANT/RESPONDENT: SRU Properties, et al. 2°CV373666 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date findicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost earnings. If equitable reliefis sought, descn‘be the nature of the relief.) Construction project dispute. Contractor claims monies outstanding. The homeowner counterclaims for construction defects. E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial a. The party or parties requestE a jury trial E a nonjury trial. '(Ifmore than one party, provide the name of each pariy requesting a jury tn’al): 6. Trial date a. D Thetrial has been setfor (date). b. [E 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 wiil not be available for trial (specify dates and explain reasons for unavailability): July 11-August 2, 2022 (trial); February 13-March 10, 2023 (trial); March 4-March 30. 2023 (trial) 7. Estimated length of triai The party or parties estimate that the trial will take (check one): a. [a days (specifi/ number): 4-5 days b. E hours (short causes)‘ (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial E by the attorney or party listed in the caption D by the following: - a. Attorney: r b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mailaddress. g. Party represented:E Additional representation is described m Attachment 8 9. Preference _ E 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 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 seIf-represented parties: Party C] has E: has not reviewed the ADR information package identified In rule 3.221. - b. Referral to judicial arbitration or civil action mediation (if avaiiable). (1)D This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under Code 9f Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) [:j 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 of the California Rules of Coun or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption). Rule 3.81 1 (b)(8) - involves a cross-complaint and exceeds the statutory limit CM'“°‘R“ “y ‘- 2°11] CASE MANAGEMENT STATEMENT “9”“ CM-1 10 PLAINTIFF/PETITIONER: Suitable Construction . CASE NUMBER: DEFENDANT/RESPONDENT: SRU Properties, et a1. 20CV373666 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 infonnation): The party or parties completing If the patty or parties compieting 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 parties’ADR processes (check all that apply): stipulation): EC! Mediation session not yet scheduledD Mediation session scheduled for (date):E Agreed to complete mediation by (date):D Mediation completed on (date): (1) Mediation E E Settlement conference not yet scheduled (2) Settlement _ E .E Settlement conference scheduled for(date):conference _ E Agreed to complete settlement conference by(date):E Settlement conference completed on (date): [:3 Neutral evaluation not yet scheduled E] Neutral evaiuation scheduled for (date):E Agreed to completé neutrai evaluation by (date): [:] Neutral evaluation completed on (date): (3) Neutral evaluation ' _ E: E] Judicial arbitration not yet scheduled (4) Nonbinding judicial C] [:J Judicial arbitration scheduled for (date): arbitration ' D Agreed to completejudicial arbitration by (date): [j Judicial arbitration completed on (date): C] Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (date): [:j Private arbitration completed on (date): D ADR session not yet scheduledD ADR session scheduled for (date): E] Agreed to complete ADR session by (date):E ADR completed on (date): (6) Other (specify): [:3 CM-11o [Rev. Jury 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 °f 5 CM-1 10 PLAINTIFF/PETITIONER: Suitable Construction CASE NUMBER; ' DEFENDANT/RESPONDENT: SRU Properties, et al. ZQCV373666 11. Insurance a. E1 Insurance carrier,_ if any, for party filing this statement (name): b. Reservation of rights: m Yes E] No c. E Coverage issues will significanfiy affect resolution of this case (explain): N/A currently 12. Jurisdiction Indicate any matters that may affect the Court's jurisdiction or processing of this case and describe the status. E] Bankruptcy [j Other (specifll): N/A Status: 13. Related cases, consolidation, and coordination a. E] There are companion, underlying, or related cases. (1) Name of case: N/A (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E] A motion to [:j consolidate 1:: coordinate will be filed by (name party): 14. "BifurcationE The party or parties intend to fife a motion for én order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type ofmotion, and reasons): ‘ N/A ' 15. Other motions E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. C: The party or parties have completed ail discovery. b. E The folloWing discovery wi-l! be completed by the date specified (describe all anticipated discovery): Party Descrimion Date Defendant/Cross-Complainant Written Discovery 8/20, and 11/20 I Defendant/Cross-Complainant Deposition Discovery Per Code Defendant/Cross-Complainant Subpoenas Per Code Defendant/Cross-Complainant Expert Discovery Per Code c. D ’The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 10 [REM July 1, 201 1] ‘ cASE MANAGEMENT STATEMENT Page 4 of5 CM-1 10 PLAINTIFF/PETITIONER: Suitable Construction CASE NUMBER: 200V373666 DEFENDANT/RESPONDENT: SRU Properties, et al. 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 withdraw the case from the economic litigation procedures or for additional discovery will be filed (ifchecked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues E(j The party or parties request that the foilowing additional matters be considered or determined at the case management conference (speciél): _ The amounts claimed are relatively small. The parties are trying to settle this matter (if possible) before the case costs and fees make settlement impossible. If a trial is scheduled at the upcoming CMC, we would prefer time for further discovery and a mediation to try resolve matters ' well before then. in other words, no eariier than late 2022 or 2023. 19. Meet and confer , a. Exj 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. D 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): 0 I am completely familiar with this case and will be fully prepared to discuss the status of discovery and aiternative 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: March 14, 2022‘ b gmtz. Q4554,Brett L. Gibbs v (TYPE 0R PRINT NAME) (SIGNATURé/OF PARTY 0R ArrORNEY) E] Additionai signatures are attached. (SIGNATURE 0F PARTY OR ATTORNEY)(TYPE 0R PRINT NAME) Page 5 of 5°M'“° [“6“ “V 1' 20“] CASE MANAGEMENT STATEMENT BRETT L. GIBBS, ESQ. 28 ALTAMONT AVENUE oMILL VALLEY o CA 94 941 pHONE 0415 0341 0531 8 oEMAIL OBGIBBS@BGESQ.COM \DfifiG‘xUthNH NNNNNNNNNHHHHHHHHHH ooqaxmamnucxoooqcxm&mNs-= and County of Marin County, California. I am over the age of- 1 8 and am not a party to the within action. My business address is 28 Altamont Avenue, Mill Valley, California 94941. My electronic mail address is bgibbs@bgesq.com. document(s): Upon the parties_to this action by: f foregoing is true and correct. PROOF OF SERVICE I, Brett L. Gibbs, am a Resident of the United States and California, employed in the City On the date set forth below, I served (a) true and correct copy/copies of the following 0 CASE MANAGEMENT STATEMENT. BY EMAIL - Pursuant to thé Code of Civil Procedure, I caused a copfi of the document(s) to be sent from e-mail addresses referenced Service List elow to the persons at the e-mail addresses listed in the Service List below. Van De Poel, Levy, Thomas,M Elisabeth M. Morris Porter Law Group, Inc. William L. Porter 7801 Folsom Boulevard, Suite 101 1600 South Main Plaza, Suite 325 Sacramento, California 95826 Walnut Creek, CA 94596 bporter@porterlaw.com emorris@vanlevylaw.com Counsel for Cross-Defendant Suitable Construction, Inc. Counsel for Plaintiff Suitable Construction, Inc. I declare under penalty of perjury under the laws of the State of California that the Executedon March 16, 2022,'Mill Valley, California. fizz Brett L. Gibbs Suitable v. SRU et al._ County of Santa Clara Superior Court Unlimited Civil Case No. 20CV373666 PROOF 0F SERVICE - Page 1 of 1
