Statement Case Management ConferenceCal. Super. - 6th Dist.November 20, 202020CV373882 Santa Clara - Civil cm-11o A'I'I'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Kory L. Phillips, Esq. SBN# 192767/Derek M. Sagehorn, Esq. SBN# 311888 5860 Owens Drive, Suite 410 Pleasanton, CA 95488 TELEPHONE N0.: (925) 734-0990 FAX N0. (Optional): (925)734-0888 E-MAIL ADDRESS (Optional); dsagehorn@clappmoroney.com ATrORNEY F0R(~ame); Raymond Christopher Sombilon and Renee Sombilon dba FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/11/2021 4:00 PM SUPERIOR COURT OF CALIFORNIA, COUNTY OF santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME; Case #20CV373882 Envelope: 601 751 7 PLAINTIFF/PETITIONER: D.S. JORDAN CONSTRUCTION, INC. DEFENDANT/RESPONDENT: INNOVATE CONCRETE, INC. yaLUIII C‘u Reviewed By: System System ) CASE MANAGEMENT STATEMENT CASE NUMBER: Address of court (if different from the address above): g Notice of Intent to Appear by Telephone, by (name): Derek Sagehorn (Check one): E UNLIMITED CASE D LIMITED CASE 20CV373882 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 30, 2021 Time: 1:30 p.m. Dept: 6 Div.: Room: 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): Raymond Christopher Sombilon and Renee Sombilon dba Bayview Plumbing 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. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D A|| parties named in the complaint and cross-complaint have been sewed, have appeared. or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D 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. 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): Construction defect for breach of contract, contractual indemnity, equitable indemnity and negligence. F°rm Ad°pted f°r Mandaww Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-110 [Rev. July 1, 201 1] Page 1 of 5 Cal. Rules of Court, rules 3.72m3.730 www.courts.ca‘gov American LegalNet, Inc. www.FomsWorkFlow.comQ atem CM-110 . CASE NUMBER: - PLAINTIFF/PETITIONER. D.S. JORDAN CONSTRUCTION, INC. 20CV373882 DEFENDANT/RESPONDENT: INNOVATE CONCRETE, INC. 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 [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.) Alleged construction defects related to construction of retail store in Palo Alto. General contractor seeks to recover damages for repair work for alleged leaks for plumbing in project. 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 pariy, 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): Parties have not all appeared yet. 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 will take (check one): a. E days (specify number): 1O days 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 D 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 patties: 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 to 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-HOIReV- Ju'v 112°“! CASE MANAGEMENT STATEMENT Pawn” American LegalNet, Inc. www.FomsWorkFlow.com . CM-110 PLAINTIFF/PETITIONER: D.S. JORDAN CONSTRUCTION, INC. CASE NUMBER: D-EFENDANT/RESPONDENT: INNOVATE CONCRETE, INC. ZOCV373882 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 Mediation session not yet scheduled Mediation session scheduled for (date): 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): DUDE DUDE DUDE DUDE DUDE DUDE 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] CASE MANAGEMENT STATEMENT Page 3 of5 American LegalNet, Inc. www.FormsWorkFlow.com . CM-110 PLAINTIFF PETITI NER:D. . RDAN N TR TI N IN . CASENUMBER_ / O S JO CO S UC O . C 20CV373882 DEFENDANT/RESPONDENT: INNOVATE CONCRETE, INC. 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): AmTrust b. Reservation of rights: D Yes g No c. D Coverage issues wi|| 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 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 X The following discovery will be completed by the date specified (descn'be all anticipated discovery): Party Descrigtion Date Raymond Christopher Sombilon and Renee Written Discovery May 14, 2021 c. D The following discovery issues. including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“OIRBV- Ju'v 1120111 CASE MANAGEMENT STATEMENT P3994“ American LegalNet, Inc. www.FormsWorkFlow.com . CM-110 . CASE NUMBER: _ PLAINTIFF/PETITIONER. D.S. JORDAN CONSTRUCTION, INC. 200V373882 DEFENDANT/RESPONDENT: INNOVATE CONCRETE, INC. 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 D 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. 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): 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 (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 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 11, 2021 Derek M. Sagehorn >M (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) b (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-“OIRBV- Ju'v 1120111 CASE MANAGEMENT STATEMENT ”995°” American LegalNet, Inc. www,FormsWorkFlow.com . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D.S. Jordan Construction, Inc. v. Innovate Concrete, Inc., et al Santa Clara County Superior Court Case No. 20CV373882 PROOF OF SERVICE [Code ofCiv. Proc. §§ 1011, 1013, 1031a, 2015.5] METHOD OF SERVICE D By Personal Service D By Mail D By Overnight Delivery D By Messenger Service D By Facsimile By E-Mail/Electronic Transmission 1. I am a citizen 0f the United States and am employed in the County 0f Alameda, State of California. I am over the age of 18 years and not a party to the within action. 2. My place 0f employment is 5860 Owens Drive, Suite 410, Pleasanton, California 94588. 3. On the date set forth below, I caused to be served a true and correct copy of the document described as: CASE MANAGEMENT STATEMENT 4. I served the documents on the persons below, as follows: Attornev for Plaintiff D.S. Jordan Construction, Inc. John J. Freni, Esq. Law Office of John J. Freni 401 West A Street, 17th Floor San Diego, CA 92101 Phone: (619) 557-9128 Fax: (619) 238-1981 Email: john@freni-law.com 5. The document(s) was served by the following means (specify): a. D BY PERSONAL SERVICE. I caused t0 be personally delivered the documents t0 the persons at the addresses listed in item 4. (1) For a party represented by an attorney, delivery was made to the attorney 0r at the attorney's office by leaving the documents in an envelope 0r package clearly labeled t0 identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence With some person not less than 18 years 0f age between the hours of eight in the morning and six in the evening. b. D BY UNITED STATES MAIL. I enclosed the documents in a sealed envelope or package addressed t0 the persons at the addresses in item 4 and (specify one): (1) D deposited the sealed envelope With the United States Postal Services, With the postage fully prepaid. 1 PROOF OF SERVICE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (2) D placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar With this business's practice 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 0f business With the United States Postal Service, in a sealed envelope With postage fully prepaid. D BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 4 and (specify one): (1) D deposited the sealed envelope with the United States Postal Services, with the postage fully prepaid. (2) D placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar With this business's practice 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 0f business With the United States Postal Service, in a sealed envelope With postage fillly prepaid for said certified mail/return receipt number (See attached copies 0f Certified Mailflleturn Receipts Requested.) I am a resident or employed in the County Where the mailing occurred. The envelope or package was placed in the mail at Pleasanton, California, County of Alameda. d. D BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in item 4. I place the envelope 0r package for collection and overnight delivery at an office 0r a regularly utilized drop box of the overnight delivery carrier. D BY MESSENGER SERVICE. I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in item 4 and providing them to a professional messenger service for service. D BY FAX TRANSMISSION. Based on an agreement 0f the parties to accept service by fax transmission, I faxed the documents t0 the persons at the fax numbers listed in item 4. N0 error was reported by the fax machine that I used. BY E-MAIL OR ELECTRONIC TRANSMISSION. I caused all 0f the above-entitled document(s) to be sent t0 the recipients listed by electronic mail only based 0n the fact that during the Coronavirus (C0Vid-19) pandemic, this office Will be working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. N0 electronic message 0r other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. (State) I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. D (Federal) I declare that I am employed in the office 0f a member 0f the bar 0f this court at Whose direction the service was made. I declare under penalty of perjury that the foregoing 2 PROOF OF SERVICE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is true and correct. Executed 0n March 11, 2021 at Pleasanton, California. Lam} A. P51400141 Lori A. Pierson 3 PROOF OF SERVICE
