Statement Case Management ConferenceCal. Super. - 6th Dist.November 20, 202020CV373882 Santa Clara - Civil ncmmo ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name, State Bar number, and address): Marissa N. Acree, Esq., SBN: 250269 STONE & ASSOCIATES, APC W 2125 anacio Valley Rd, Ste 101, Walnut Creek, CA 94598 ‘ TELEPHONE N0 : 925-938-1 555 FAX N0. (Optional): 925-938-2937 E-MAIL ADDRESS (Optional): macree@stonelawoffice.com AWORNEY FORM”): Innovate Concrete, Inc., dba Innovate Engineering SUPERIOR COURT OF CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 N. First St. MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: Hlf\Tlnf\l'rl'l'l PLAINTIFF/PETITIONER; D.S. Jordan Construction, Inc. DEFENDANT/RESPQNDENT; Innovate Concrete, Inc., dba Innovate Engineering FOR COURT USE ONLY Electronically Filed ty Superior Court of CA, :ounty of Santa Clara, m 8/26/2021 11:43 AM {eviewed By: System System .ase #20CV373882 Envelope: 7144705 oyalcln Syote CASE MANAGEMENT STATEMENT (Check one): UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) _ CASE NUMBER: 20CV373882 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 9/7/21 Time: 10:00 am. Dept: 2 Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Marissa Acree Div.: Room: 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): Innovative Concrete, Inc., dba Innovate Engineering b. E 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. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants 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. E 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 0f case in complaint E cross-complaint (Descn'be, including causes of action): Complaint brings causes of action for Breach of Written Contract, Contractual Indemnity, Equitable Indemnity and Negligence Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-110 [Rev. July 1, 2011] Page 1 of 5 Cal Rules of Court, rules 3 720-37730 www.cdurfsAcagov CM-11O pLNNTIFHPETITIQNER; D.S. Jordan Construction, Inc. CASE NUMBER: DEFENDANT/RESPONDENT: Innovate Concrete, Inc., dba Innovate Engineering 20cv373882 4. b. Provide a brief statement of the case. including any damages. (prersonal injury damages are sought, specifi/ the injury and damages claimed, inciuding medical expenses to date findicate source and amounfl, estimated future medical expenses, lost eamings m dare, and estimated future Inst eamings. If equitable relief is sought, describe the nature of the relief.) Construction defect action involving the construction of a commercial space in Palo Alto, California. Plaintiff’s claim repair costs in excess 0f $200,000, with a claim for pre-judgment interest, costs of suit and attorneys’ fees. Global settlement reached. Innovate is in full compliance with the settlement terms. E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. July or nonjury trial The party or parties request [33 a jury trial E a nonjury trial. (Ifmore than one pan‘y, provide the name of each patty requesting a jury trial): ' 6. Trial date a. D The trial has been setfor (date): b. m 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, explainy . 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. days (specify number): 5-7 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 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. 9. PreferenceE 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: 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 to judicial arbitration or civil action mediation (if available). (1) E This matter is sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under ode 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 1141.1 1. (3) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Counor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-"OW Ju'v 1- 2°“! CASE MANAGEMENT STATEMENT Pawn” CM-110 PLAINTIFF/PETITIONERI D.S. Jordan Construction, Inc. DEFENDANT/RESPONDENT: Innovate Concrete, Inc., dba Innovate Engineering 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): E (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 UDDD DUDE DUDE DUDE BDDD ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): eM-11o [Rev‘ July 1. 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT I cm PLAINTIFF/PETITIONER: D.S. Jordan Construction, Inc. CASE ”UMBER DEFENDANT/RESPONDENT: Innovate Concrete, Inc., dba Innovate Engineering 20CV373882 1 1. Insurance a. Insurance carrier, if any, for party filing this statement (name): RSUI b. Reservation ot 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 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:E Additional cases are described in Attachment 13a. b. E A motion to E COHSOlidate E coordinate will be filed by (name pan‘y): 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 of motion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. D The following discovery will be completed by the date specified (describe all anticipated discovery):m Description Dita. c. E The following discovery issues, including issues regarding the discovery of electronically stored information. are anticipated (specify): CM-1 10 [ReVA July ‘I, 201 1] CASE MANAGEMENT STATEMENT Pace 4 of 5 CM-110 PLAINTIFF/PET'T'ONER: D.S. Jordan Construction, Inc. CASE NUMBER: 20CV373882 DEFENDANT/RESPONDENT; Innovate Concrete, Inc., dba Innovate Engineering 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 wi|| 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 tn'al 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 (specify): 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 not, explain): Global settlement reached; the parties are circulating signatures and payment necessary for dismissals t0 be filed. 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): | 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: 8/26/21 Marissa N. Acree ’ (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ArrORNEY) (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R AUORNEY)E Additional signatures are attached. CM-mW Ju'v 1v 20111 CASE MANAGEMENT STATEMENT "9m” \OOOfloUl-RUJNH NNNNNNNNNHr-tr-tt-tr-tr-tr-tr-Ar-Ar-x OOQQUI-PUJNHOKOOOQONUI-PUJNP-‘O PROOF OF SERVICE DS Jordan Construction, Inc. v. Innovate Concrete, Inc. Santa Clara County Superior Court Case N0. 20CV373882 1. At the time 0f service I was over 18 years 0f age and not a party t0 this action. 2. My business address is 2125 anacio Valley Road, Suite 101, Walnut Creek, CA 94598. 3. The fax number 0r electronic notification address from Which I served the documents is: csepulveda@st0nelawoffice.com 4. On August 26, 2021, I served the following document(s), described as: CASE MANAGEMENT STATEMENT 5. I served the documents on all interested parties through their attorneys 0f record by placing a true and correct copy thereof, addressed as shown 0n the attached service list, by the means designated below. 6. The documents were served by the following means: a. ( ) BY PERSONAL SERVICE. I personally delivered the documents t0 the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made t0 the attorney or at the attorney’s office by leaving the documents, in an envelope or package clearly labeled t0 identify the attorney being served, With a receptionist 0r an individual in charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party’s residence with some person not younger than 18 years of age between the hours 0f eight in the morning and six in the evening. b. ( ) BY UNITED STATES MAIL. I enclosed the documents in a sealed envelope or package addressed t0 the persons at the addresses in item 5 and: ( ) deposited the sealed envelope With the United States Postal Service, With the postage fully prepaid. ( ) 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 of business With the United States Postal Service, in a sealed envelope With postage fully prepaid. The envelope 0r package was placed in the mail at Walnut Creek, California. c. ( ) BY OVERNIGHT DELIVERY. I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed t0 the persons at the addresses in item 5. I placed the envelope 0r package for collection and overnight delivery at an office 0r a regularly utilized drop box 0f the overnight delivery carrier. d. ( ) BY MESSENGER SERVICE. I served the documents by placing them in an envelope 0r package addressed t0 the persons at the addresses listed in item 5 and providing them t0 a professional messenger service for service. (A declaration by the messenger must accompany this ProofofService 0r be contained in the Declaration ofMessenger below.) PROOF OF SERVICE \OOOQQUI-hUJNy-A NNNNNNNNNHr-tr-tt-tr-tr-‘r-Ar-Ar-AH OOQQUI-PUJNHOKOOOQONUI-PUJNP-‘O e. ( ) BY FAX TRANSMISSION. Based 0n an agreement of the parties t0 accept service by fax transmission, I faxed the documents t0 the persons at the fax numbers listed in item 5. N0 error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. f. ( XX ) BY ELECTRONIC SERVICE. Based 0n a court order 0r an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification addresses listed in item 5. I did not receive, Within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Executed 0n Auggst 26, 2021, at Oakley, California. Celena Sepulveda DECLARATION OF MESSENGER By personal service. I personally delivered the envelope or package received from the declarant above to the persons at the addresses listed in item 5. (1) For a party represented by an attorney, delivery was made t0 the attorney or at the attorney’s office by leaving the documents, in an envelope or package, which was clearly labeled t0 identify the attorney being served, With a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made t0 the party 0r by leaving the documents at the party’s residence With some person not younger than 18 years 0f age between the hours 0f eight in the morning and six in the evening. At the time of service, I was over 18 years 0f age. I am not a party t0 the above-referenced legal proceeding. I served the envelope 0r package, as stated above, 0n . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (Name 0f Declarant) (Signature 0f Declarant) PROOF OF SERVICE \OOOQQUI-hUJNH NNNNNNNNNHr-tr-tt-tr-tr-tr-tr-Ar-Ar-x OOQQUI-PUJNHOKOOOQONUI-PUJNP-‘O W DS Jordan Construction, Inc. v. Innovate Concrete, Inc. Santa Clara County Superior Court Case N0. 20CV373882 Plaintiffs John J. Freni, Esq. A Professional Law Corporation 401 West A Street, 17th Floor San Diego, CA 92101 Tel: (619) 557-9128 Fax: (619) 238-1981 Email: iohn@freni-law.com RAYMOND CHRISTOPHER SOMBILON, RENEE SOMBILON Kory L. Phillips, Esq. Derek M. Sagehorn, Esq. CLAPP MORONEY VUCINICH BEEMAN & SCHELEY 5860 Owens Dr, Ste 410 Pleasanton, CA 94588 Tel: 925-734-0990 Fax: 925-734-0888 Email: kphillips@clappm0r0nev.com dsagehom®clappmoronevcom MISH-RA, INC. DBA TRICORE PANELS, INC. Thomas D. Fama, Esq. Asha L. Renouf, Esq. WOOD SMITH HENNING & BERMAN LLP 1401 Willow Pass Rd, Ste 700 Concord, CA 94520 Tel: 925-222-3400 Fax: 925-356-8250 Email: tfama@wshblaw.com arenouf@wshblaw.com HIGH END DEVELOPMENT, INC. Elizabeth A. Skane, Esq. Catherine M. Adams, Esq. SKANE MILLS LLP 33 New Montgomery St, Ste 1250 San Francisco, CA 94105 Tel: 415-43 1-4150 Fax: 415-431-4151 Email: eskane@skanemills.com cadams@skanemills.com 31738 PROOF OF SERVICE
