Statement Case Management Conference

Cal. Super. - 6th Dist.November 13, 2020

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and addmssi: John L. Pallet (Bar ¹ 114842) Timothy J. Tomlin (Bar ¹ 142294) Timothy J. Tomlin 68 Mitchell Blvd, Suite 135 San Rafacl, CA 94903-2046 TELEPHDNE No (415) 457 3773 pax No. (Cpnoneir (415) 457 2667 EedAIL ADDRESS (Opbonali. ATTDRNEY poR dvanui Hudson Insurance Company, Def. and Cross-Complainant SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss 191 North First Street MAILING ADDRESS. DITYANDzlpcoDE'an Jose 951 13 BRANCH NAME: PLAINTIFF/PETITIQNER: A & D Automatic Gate Co. DEFENDANT/REsPQNDENT: Siliconessage Construction, et aj. CASE MANAGEMENT STATEMENT (Check one): H UNLIMITED CASE M LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER CM-110 R7R COURT USE ONLY 20CV373 830 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 23, 2021 Time: 1:30 p.m. Dept.: 2 Address of court (if diii'eient fium the address shove)( Divz Room; ~x Notice of Intent to Appear by Telephone, by (nsme)( Timothy Tomlin for Great American Insurance Company INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~x This statement is submitted by party (name)( Great American Insurance Company b. ~ This statement is submitted jointly by parties (names)( 2. Complaint and crosswomplaint (to be answered by plaintilfs and cfoss-complsinsnts only) a. The complaint was filed on (dale)(November 13, 2020 b. ~ The cross-complaint, if any, was filed on (date)(February 4, 2021 3. Service (to be snswen.d by plaintl's snd cfosscomplsinants only) a. ~ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~x The following parties named in the complaint or cross-complaint (1) Mx have not been served (specify names snd explain why not)( MARBLE PALACE, INCn UNITED RENTALS (NORTH AMERICA), INC. BRUCE FREDERICK„cross complaint recently filed, service in process. (2) M have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names)( c. ~ The following additional parties may be added (specify names, nstuie ofinvolvementin case, snd date by which they may be seived)( Porrrt Adopted for Mandatory Use Judraal Counal of California CM-110 IRev. July I, 2011] 4. Description of case a. Type of case in ~x complaint Wx cross-complaint (Describe, including causes ofsclion)( Plaintiff complains it wss not paid for work performed on two seperate construction projects by Siliconesage Construction. The interpleader cross-defendants also make claims against the $ 15,000.00 contractor's license bond of Siliconesage Construction. Surety on the bond, Great American, interplcads the bond funds of $ 15,000.00. Prtae I of 3 CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3 730 uuwoourf&oe Sov Iax(s¹sis(SAufonrofsd California Judicial Council Forms Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/2/2021 10:28 AM Reviewed By: System System Case #20CV373830 Envelope: 5942993 20CV373830 Santa Clara - Civil System System PLAINTIFF/PETITIQNER: A & D Automatic Gate Co. DEFENDANT/RESPONDENT: Siliconessage Construction, et al. CASE NUMBER: 20CV373830 CM-110 provide a brief statement of the case, including any damages. (IfpersonalinjurY damages are sought, specifY the inlurY and damages claimed, including medical expenses to date (indicate soume and amount), estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable ieliefis sought, descnbe the nature of the n;lief) Liability on the contractor's license bond is limited to $ 15,000.00. Plaintiff A & D Automatic Gate and the cross-defendants each seek to recover a total amount which exceeds $ 15,000.00. (lf more than one party, provide the name of each parly (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request H a jury trial Wx a nonjury trial. requesting a july trial): Trial date a. ~ The trial has been set for (dale)t b. ~X No trtial 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 will nol be available for trial (specify dales and explain reasons for unavailability)i Nothing prior to May 14, 2021 due to previously scheduled trials snd vacations. After that date, please avoid 6-14-21, 6-18-21, 6-21-21, 7-6-21, 7-9-21, 7-23-21, 8-2-21, 9-6 to 9-14-21, 9-22-21, 9-27-21, 10-12-21, 10-18-21, 12-6-21. Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~x days (specify number)i 2 b. ~ hours (short causes) (specify)t Trial representation (to be answered for each party) The party or parties will be represented at trial ~X by the attorney or party listed in the caption ~ by the following: a. Afiomey: 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): 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 lX has C3 has not provided the ADR information package identified in rule 3.221 to the dient and reviewed ADR options with the client. (2) Forself-represented parties: Party& has H has not reviewed theADR information package identifiednrule 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 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 iRev July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 6 LexisNesisggdutomated California Judicial Council Forms PLAINTIFF/PETITIQNER: A fib D Automatic Gate Co. EFENDANT/RESPONDENT: Siliconessage Construction. et al. ! CASENUMSER 20CV373830 CM-110 t 0. 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 infonnafion)l The party or parties completing this form are willing to participate in the following ADR processes (check ell that apply)l 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'DR stipulationjl (1) Mediation ~x Mediation session not yet scheduled Mediation session scheduled for (date)l Agreed to complete mediation by (date)l 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 Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date) l Agreed to complete neutral evaluation by (date)l Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judidal arbitration not yet scheduled Judicial arbitration scheduled for (date) l Agreed to complete judicial arbitration by (date)l Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date)l Agreed to complete private arbitration by (date)l Private arbitration completed on (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (dste) l Agreed to complete ADR session by (date)l ADR completed on (dste): CM-110 IRev. Juiy 1, 2011I CASE INANAGEIIENT STATEMENT page s of s LexisfrexisrgdaeomaiedCalifornia Judicial Council Forms PLAINTIFF/PETITIQNER A Jib D Automatic Gate Co. DEFENDANT/REsPQNDENT: Sijiconessage Construction, et al. CASE NUMBER. 20CV373830 CEL110 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: C] Yes HX No c. ~ Coverage issues will significantly affect resolution of this case (explain)i 12. Jurisdiction Indicate any matters that may afiect the courfs jurisdiction or processing of this case and describe the status.H Bankruptcy H Other (specify)i Status: 13. Related cases, consolidation, 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. H A motion to H consolidate H 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 (speci/y moving party, type of motion, and reasons): 15. Other motions ~K The party or parties expect to file the following motions before trial (speci/y moving party, type of motion, and issues): Motion for discharge of cross complainant in interpleader under 386 if interpleader does not settle. 16. Discovery a. ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (describe a/I anticipated d/scove/y)i ~Pa Descriiotion ~Dte c ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify)i CM-1 10 [Res. July 1, 2011] CASE MANAGEMENT STATEMENT Reeesoie texisNexise/du/emu/ed Caiifornla dud/cia/ Council Forms PLAINTIFF/PETITIQNER: A Itb D Automatic Gate Co. DEFENDANTiREsl oNDENT: Siliconessane Construction, et ah CASE NUMBER 20CV373830 CM-110 17. Economic litigation a, ~ 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, ~ 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 spscihcaliy why economic litigation pmcedures reiahng to discovery or trial should not apply lo this case): 18. Other issues~ The party or parties request that the following additional matters be considered or determined at the case management conference (specify)i 19. Meet and confer a. ~ 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 nol, explain): Cross complaint not at issue. b. ARer 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 (ifany): 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 authodity to enter into stipulagons on these issues at the time of the case management conference, including the written authority of the party where required. Date: March 1, 2021 Timothy J. Tomlin (TYPE OR PRINT NAME) (SIGNATURE OF PARlY 0R ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARlY OR ATTORNEY)~ Additional signatures are attached. CM-110 [Res July I, 2011] CASE MANAGEMENT STATEMENT Page 5 ef 5 taxis)Taxis(r) Auiomaisd california Judicial counci(Forms 1 PROOF OF SERVICE BY MAIL [CCP t11013(a)] I, ROXANNE CULLEN, declare that I am not a party to this action, am over the age of 18 years, 4 maintain a business address at 68 Mitchell Boulevard, Suite 135, San Rafael, CA 94903-2046, County of Marin, and that on the date shown below, I caused to be served the documents listed below on the persons 6 listed herein by placing the envelopes for collection and mailing following our ordinary business practices. 7 I am readily familiar with this business'ractice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 10 The envelope(s) were addressed and mailed as follows: 11 DOCUMENTS SERVED. "CASE MANAGEMENT STA TEMENT 12 SERVED UPON: 13 SERVED UPON: 14 Dennis G. Cosso, Esq. Law Offices of Dennis G. Cosso 16 345 Oxford Drive Arcadia, CA 91007 Tel: (626) 574-8000 Fax: (626) 574-8081 Email: denniscossolawRumail.corn 19 Counsel for P/aintiffA 4 D Automatte Gate Comoanv 20 I declare under penalty of perjury that the foregoing is true and correct and that this pmof of service21 was executed on the date stated below, at San Rafael, California 22 23 DATED: March 2, 2021 24 25 ROXAIAE CULLEN 26 27