Statement Case Management Conference

Cal. Super. - 6th Dist.November 20, 2020

200V373882 Santa Clara - Civil QMeMQ/stem ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address): FOR COURT use ONLY Annalisa S. Zulueta SBN: 265368 _ _ Daniel J. Ashby SBN: 300107 E'eCtronlcally Flled G&pl Schick, pc by Superior Court of CA, 99 Almaden Blvd, Suite 740, San Jose, CA 95113 County of Santa Clara, TELEPHONE No.: 408-995-5050 FAX No. (0ptiona024O8-995-5150 on 3/26/2021 3:39 PM E-MAIL ADDRESS (Optional): azulueta@gpschicklaw.com; dashby@gpschicklaw.com Reviewed By; System System ATTORNEY FOR (Name): HIGH END DEVELOPMENT, INC. case #20cv373332 SUPERIOR COURT 0F CALIFORNIA, COUNTY OFSANTA CLARA Envelope: 61 22392 STREEF ADDRESS: 191 North First Street MAILING ADDRESS:191 North First Street CITY ANDZIP CODE: San Jose, 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: D.S. JORDAN CONSTRUCTION, INC. DEFENDANT/RESPONDENT: INNOVATE CONCRETE, INC. et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 20CV373882 exceeds $25,000) or |ess) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:March 30, 2021 Time: 1:30 pm Dept.:2 Div.: Room: Address of court (if difierent from the address above): Notice of Intent to Appear by Telephone, by (name): 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).‘High End Development, Inc. b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-com plaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date).‘November 20, 2020 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. E 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) 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) E have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature ofinvo/vement in case, and date by Which they may be served): High End Development has filed a Roe Cross-Complaint and anticipates substituting Cross-Defendants following the completion of initial discovery. 4. Description of ca_se 8- Type 0f case 'n complaint E cross-complaint (Describe, including causes of action): Breach 0f Contract, Contractual Indemnity, Equitable Indemnity, Negligence relating t0 a construction proj ect. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-‘l 10 [Rev. July 1, 2011] www.courts.ca.gov Westlaw Doc 8: Fonn Bu'lder'" CM-110 DEFENDANT/RESPONDENTS INNOVATE CONCRETE, INC. CASE NUMBER: PLAlNTlFF/PETITIONERi D.S. JORDAN CONSTRUCTION, INC. 4. 10. b. Provide a brief statement of the case, including any damages. (/fpersona/ injury damages are sought, specify the injwy 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.) This is a construction defect claim brought by D.S. Jordan Construction, a general contractor, against various subcontractors in connection with damages arising fiom water intrusion t0 a retail outlet in Palo Alto. D.S. Jordan alleges that the water intrusion began in November 0f 2018 and was caused by defects in the defendants’ work. D.S. Jordan seeks $206,1 14.78 in damages, as well as attomeys’ fees t0 the extent permitted by contract 0r statute.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 E ajury trial E a nonjury trial. (lfmore 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 fortrial within 12 months ofthe date ofthe filing ofthe complaint (if ”0t, eXP/ain)-' See attachment 6b. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 10 b. E hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented attrial 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 (specify 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 aboutthe processes available through the court and community programs in this case. (1) For parties represented by counsel: CounselE 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 subjectto mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 orto 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) 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 $50,000 [California Rules of Court, Rule 3.81 1(b)]. CM-“OIReV- Ju'v 1: 20111 CASE MANAGEMENT STATEMENT Pagan” CM-11O PLAINTIFF/PETITIONER: D.s. JORDAN CONSTRUCTION, INC. CASE NUMBER: DEFENDANT/RESPONDENT: INNOVATE CONCRETE, INC. 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 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 parties'ADR processes (check a/l that apply): stipulation): Mediation session not yet scheduled E Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled Settlement conference scheduled for (date): (2) Settlement E conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled E Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbindingjudicial E Judicial arbitration scheduled for (date): arb'tratlon Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private E Private arbitration scheduled for (date): arb'tratlon Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specifiI): Agreed to complete ADR session by (date): DUDE DUDE DUDE DUDE DUDE DUDE ADR completed on (date): CM-1 10 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-1 1 o _ PLA'NT'FF/F’ET'T'ONERDs. JORDAN CONSTRUCTION, INC. CASE ”UMBER: DEFENDANT/RESPONDENTINNOVATE CONCRETE, INC. 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Vela Insurance Services 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's jurisdiction or processing of this case and describe the status.E Bankruptcy E Other(specify): Status: 13. Related cases, consolidation, and coordination a_ E 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_ 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 motionsE The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. E The following discovery will be completed by the date specified (describe all anticipated discovely): Party Descrigtion Date c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Pa9e4of5 CM-1 10 PLAINTIFF/PETITIONER:D.S. JORDAN CONSTRUCTION, INC. CASE NUMBER: DEFENDANT/RESPONDENT: INNOVATE CONCRETE, INC. 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 (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 (specifil): 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 of the California Rules of Court (if not, explain): High End Development has only recently filed an appearance, concurrent with the filing of this Case Management Statement, and has not yet had an opportunity t0 meet and confer With all parties. High End Development anticipates meeting and conferring in advance of the Case Management Conference. 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. Datei March 26, 2021 Daniel J. Ashby ’ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached.(TYPE OR PRINT NAME) CM.110 [Rex]. July 1, 2011] CASE MANAGEMENT STATEMENT Page sofs MC-025 SHORT TITLE: D.S.J0RDAN CONSTRUCTION, INC, v. INNOVATE CASE NUMBER- CONCRETE, et a1. 20CV373882 ATTACHMENT (Number): 6c (This Attachment may be used with any Judicial Council form.) - 03/26/21 (15 days); 03/29/21 (15 days); - 04/02/21 (7 days); 04/12/21 (10 days); 04/26/21 (6 days); 04/30/21 (Sdays); - 05/07/21 (5 days); 05/14/21 (7 days); 05/24/21 (7 days); 05/28/21 (5-7 days); - 06/1 1/20 (10 days); 06/14/21 (4 weeks); 06/21/21 (5 days); - 07/26/21 (5 days); 07/30/21 (7 days); - 08/13/21 (7 days); 08/16/21 (10 days); 08/30/21 (15 days); - 09/13/21 (15 days); 09/14/21 (7 days); 09/21/21 (7 days); 09/27/21 (7 days); - 10/08/21 (7 days); 10/015/21 (5 days); 10/22/21 (15 days); - 11/05/21 (10 days); 11/08/21 (10 days); 11/19/21 (5 days); - 12/17/21 (7 days); - 01/13/22 (7 days); 01/21/22 (7 days); - 02/25/22 (7 days); - 04/12/22 (10 days); - 05/1 1/22 (7 days); - 08/08/22 (7 days) Pre-planned vacations: 04/27/21-05/19/21; 07/05/21-07/28/21; 10/04/21-10/29/21; 12/04/21-01/02/22; 05/1/22-05/22/22 (If the item that this Attachment concerns is made under penalty of peljury, all statements in this Page 1 of 1 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT www.courfinfo.ca.gov Judicial Council of California Westww Doc & Form Bullderw MC-025 [Rem July1, 2009] to Judicial Council Form