Statement Case Management ConferenceCal. Super. - 6th Dist.November 20, 202020CV373882 Santa Clara - Civil Concord, CA 94520 TELEPHONE N0.: 925-222-3400 FAX No. (Optional): 925-356-8250 E-MAIL ADDRESS (Optional): tfama@wshb|aw.com ATrORNEY FOR (Name): MISH-RAJnc. dba TRICORE PANELS, INC. A SUPERIOR COURT OF CALIFORNIA, COUNTY OF santa Clara base #ZOCV373882 STREET ADDRESS: 191 N0. First Street EnveloPe: 71 13444 MAILING ADDRESS; CITY AND ZIP CODE: San Jose, CA 951 1 3 BRANCH NAME; PLAINTIFF/PETITIONER: D.S. JORDAN, et al. DEFENDANT/RESPONDENT: INNOVATE CONCRETE, |NC., et al. County of Santa Clara, on 8/23/2021 9:23 AM Reviewed By: System System CASE MANAGEMENT STATEMENT Zfiévgflgggaz (Check one): E UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 7, 2021 Time: 10:00 pm Dept: 2 Div.: Room: Address of court (if different from the address above): g Notice of Intent to Appear by Telephone, by (name): Asha L. Renouf INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. g This statement is submitted by party (name): MISH-RAJnc. dba TRICORE PANELS, INC. b. D 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. g The cross-complaint, if any, was filed on (date): Jauary 15, 2021 3. Service (to be answered by plaintiffs and cross-complainants only) a. D A|| parties named in the complaint and cross-complaint have been served, have appeared. or have been dismissed. b. g The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) X have been served but have not appeared and have not been dismissed (specify names): High End Development Inc. (3) D have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in E complaint D cross-complaint (Describe, including causes ofaction): Plaintiffs allege water intrusion at a commercial retail property located in Palo Alto, California. FangggigftgggggiNoafngglgggngse CASE MANAGEMENT STATEMENT Cat Ru'ewcwm rules 3.720-3. Ann 0 l .CM-11o [Rev. July 1, 201 1] 220308551 :1 1787-001 3 American LegalNet, Inc. www.FormsWorkFlow.com Page 1 of 5 730 Q §M-1Lo ATrORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address): FOR COURT USE ONLY "pm” 0’ °tem Thomas D. Fama (261477) / Asha L. Renouf (328728) Wood Smith Henning & Berman Electronically Filed 1401 Willow Pass Road, Suite 700 by superior Court of CA, CM-110 . CASE NUMBER: - PLAINTIFF/PETITIONER. D.S. JORDAN, et al. ZOCV373882 DEFENDANT/RESPONDENT: INNOVATE CONCRETE, |NC., et al. 4. b. Provide a brief statement of the case, including any damages. (prersona/ 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.) Plaintiffs allege water intrusion at a commercial retail property located in Palo Alto, California. D (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 request E a jury trial D a nonjury trial. (If more than one party, provide the name of each parTy requesting a jury trial): 6. Trialdate a. D Thetrialhas been setfor (date): b. E No trial date has been set. This case wi|| be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): This case has globally settled. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial wi|| take (check one): a. E days (specify number): 10-1 2 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial g 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-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 X has D 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject t0 mandatoryjudicial 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) D Plaintiff elects to refer this case to judicial arbitration and agrees t0 limit recovery to the amount specified in Code of Civil Procedure section 1141 .1 1. (3) D 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'WlReV- “”1101“ CASE MANAGEMENT STATEMENT ”9”“ 220308551 :1 1787-001 3 American Legamet, Inc. awww.FormsWorkFlow.c0m CM-1 10 PLAINTIFF/PETITIONER: D.S. JORDAN, et al. D-EFENDANT/RESPONDENT: INNOVATE CONCRETE, |NC., et al. CASE NUMBER: 20CV373882 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 D Mediation session not yet scheduled Mediation session scheduled for (date): July 14, 2021 Agreed to complete mediation by (date): 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): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial 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): DEED DEED DEED DEED DUDE DD ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o [Rev. July 1, 201 1] 220308551 :1 1787-0013 CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.coma CM-110 PLAINTIFF PETITI NER: D. . RDAN I. CASE NUMBER:_ I O S JO ’ et a 200v373882 DEFENDANT/RESPONDENT; INNOVATE CONCRETE, INC., et aI. 11. Insurance a. g Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D Amotionto D consolidate D coordinate willbe filed by (nameparfy): 14. Bifurcation D 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 g The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Notice of settlement as this case has globally settled. 16. Discovery a. g The party or parties have completed all discovery. b D The following discovery wi|| be completed by the date specified (describe all anticipated discovery): Party Description Date c. D 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 Page40f5 220308551 :1 1787-001 3 Amman Legamet, Inc. ewww,FormsWorkFlow.com CM-1 10 . CASE NUMBER: _ PLAINTIFF/PETITIONER. D.S. JORDAN, et al. 20CV373882 DEFENDANT/RESPONDENT: INNOVATE CONCRETE, INC., et al. 17. Economic litigation a. D 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 discovery or trial should not apply to this case): 18. Other issues E The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The parties have globallys settled this matter. 19. Meet and confer a. X 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 ofthe California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (ifany): | 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 wi|| 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: August 23, 2021 Asha L. Renouf > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110[Rev.July 1, 2011] CASE MANAGEMENT STATEMENT Page5of5 220308551 I1 1787-001 3 American LegalNet, Inc. awww.FormsWorkFlow,c0m WOOD, SMITH, HENNING & BERMAN LLP Attorneys at Law 1401 WILLOW PASS ROAD, SUITE 700 CONCORD, CALIFORNIA 94520-7982 TELEPHONE 925 222 3400 o FAX 925 356 8250 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE D.S.J0rdan v. Innovate Concrete, Inc. dba Innovate Engineering, et al. SCSC Case N0. 20CV373882 I am employed in the County of Contra Costa, State of California. I am over the age 0f eighteen years and not a party t0 the within action. My business address is 1401 Willow Pass Road, Suite 700, Concord, CA 94520-7982. On August 23, 2021, I served the following document(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY E-MAIL OR ELECTRONIC TRANSMISSION: Based 0n a court order or an agreement 0f the parties to accept service by e-mail 0r electronic transmission, I caused the document(s) to be sent from e-mail address rkreft@wshblaw.com to the persons at the electronic notification address listed in the service list. I did not receive, Within a reasonable time after the transmission, any electronic message or other indication that the transmission was not successful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed 0n August 23, 2021, at Clayton, California. Wm; Roberta D. Kreft WOOD, SMITH, HENNING & BERMAN LLP Attorneys at Law 1401 WILLOW PASS ROAD, SUITE 700 CONCORD, CALIFORNIA 94520-7982 TELEPHONE 925 222 3400 o FAX 925 356 8250 4; flaw 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST D.S.J0rdan v. Innovate Concrete, Inc. dba Innovate Engineering, et al. SCSC Case N0. 20CV373882 John J. Freni West A Street 17th Floor San Diego, CA 92101 Tel: 619-557-9128/ Fax: 619-238-1981 Email: i0hn@freni-law.com Attorney for PLAINTIFF Elizabeth A. Skane Catherine M. Adams SKANE MILLS LLP 1055 West 7th Street Suite 1700 Los Angeles, CA 90017 Tel: 213-452-1200/ Fax: 213-452-1201 Email: eskane@skanemills.com cadams@skanemills.com Attornevs for HIGH END DEVELOPMENT Marissa N. Acree, Esq. Stone and Associates 2125 anacio Valley Rd., Ste.101 Walnut Creek, CA 94598 Phone: (925) 938-1555 | Fax: (925) 938-2937 Email: mnacree@stonelawoffice.c0m Attorney for Defendant Innovate Concrete, Inc. dba Innovate Engineering
