Statement Case Management Conference

Cal. Super. - 6th Dist.November 25, 2020

200V374065 Santa Clara - Civil QMeMQ/stem ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT use ONLY Ryan P. Harley, Esq. (SBN 245059) SBN: _ _ Heather T. F. Maslowski Gee, Esq. (SBN 320051) Elecuon'cally Flled COLLINS COLLINS MUIR + STEWART LLP by Superior Court of CA, 1999 Harrison Street, suite 1700, Oakland, CA 946 12 County of Santa Clara, TELEPHONE No.: 510-844-5100 FAX No. (0ptiona02510-844-5101 0n 3/22/2021 2:27 PM E-MAILADDRESS(Optional):rharley@ccmslaw.com; hgee@ccmslaw.com Reviewed By; System System ATToRNEv FOR (Name): Defendant, BKF ENGINEERS Case #20CV374065 SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CLARA Envelope: 608361 6 STREEF ADDRESS: 191 North First Street MAILING ADDRESS:191 North First Street CITY ANDZIP CODE: San Jose, 951 13 BRANCH NAMEIDowntown Superior Court PLAINTIFF/PETITIONER: VILLA DEVELOPERS AND INVESTMENT, LLC DEFENDANT/RESPONDENT: TAYLOR MORRISON OF CALIFORNIA, LLC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 200874065 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:April 6, 2021 Time:3:45 pm. Dept: 19 Div.: Room: Address of court (if difierent from the address above): Notice of Intent to Appear by Telephone, by (name):Heather T.F. Maslowski Gee 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):BKF ENGINEERS 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): 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 di 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): smissed. c. E The following additional parties may be added (specify names, nature ofinvo/vement in case, and date by Which they may be served): 4. Description of case 8- Type 0f case in complaint E cross-complaint (Describe, including causes of action): Breach of Contract by Third-Party Beneficiary; Negligence; Professional Negligence Page1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-1 10 [Rev. July 1, 2011] Westl Cal. Rules of Court, rules 3720-3730 www.courts.ca.gov aw Doc 8: Fonn Bu'lder'" CM-110 DEFENDANT/RESPONDENT: TAYLOR MORRISON OF CALIFORNIA, LLC CASE NUMBER: PLAlNTlFF/PETITIONERi VILLA DEVELOPERS AND INVESTMENT, LLC 20CV374065 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 matter arises out of the design, construction, and development 0f real property commonly known as 2726 and 2752 Goble Lane in San Jose, California. In or about 2012, Taylor Morrison of California, LLC (“TM”) retained BKF Engineers (“BKF”) to provide design services for the Montecito Vista Project, including, but not limited to, the design of private street improvements and design plans for the grading work. Plaintiffs contend that TM and/or BKF failed t0 (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request 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 not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): See Attached 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): Trial representation (to be answered for each party) The party or parties will be represented attrial 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. 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: Counsel 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) E 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): CM-“OIReV- Ju'v 1: 20111 CASE MANAGEMENT STATEMENT Pagan” CM-11O PLAINTIFF/PETITIONER: VILLA DEVELOPERS AND INVESTMENT, LLC CASE NUMBER: DEFENDANT/RESPONDENT: TAYLOR MORRISON 0F CALIFORNIA, LLC 2007374065 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 a/l 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 DUDE 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 (specifiI): 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-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: 20CV374065 PLAINTIFF/PETITIONERVILLA DEVELOPERS AND INVESTMENT, LLC DEFENDANT/RESPONDENTTAYLOR MORRISON 0F CALIFORNIA, LLC 11. Insurance a. Insurance carrier, if any, for party filing this statement (name).'AXA XL 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. The following discovery will be completed by the date specified (describe all anticipated discovely): Party Descrigtion Date BKF Engineers Written Discovery per code BKF Engineers Depositions per code BKF Engineers Expert Discovery per code 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 Page4of5 CM-1 10 PLAINTIFF/PETITIONER:VILLA DEVELOPERS AND INVESTMENT, LLC CASE NUMBER- 20CV374065 DEFENDANT/RESPONDENT: TAYLOR MORRISON OF CALIFORNIA, LLC 17. Econom ic 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 (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 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 (if any):2 | 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 22, 2021 Heather T.F. Maslowski Gee, Esq. ’ I (rYPE 0R PRINT NAME) fildNAwfiRE 0F pARTY 0R ATTORNEY) (rYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY)E Additional signatures are attached. CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 5of5 MC-025 SHORT TITLE: CASE NUMBER:- 20CV374065 ATTACHMENT (Number): 4b (This Attachment may be used with any Judicial Council form.) obtain approval of the plans and specifications for the grading work with the San Jose Fire Department, and plead causes of action for breach of contract, negligence, and professional negligence (/f 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) F°J3‘d{2&33333532982fiiai'nfi“ ATTACHMENT Wemflvévifii’fflifififx MC-025 [Rem July1, 2009] to Judicial Council Form 4/20/2021 Trial 5/10/2021 Trial 5/20/2021 Mediation 7/6/2021 Trial 7/29/2021 Issue Conf 8/12/2021 MSC 8/16/2021 Trial 8/23/2021 TRC 8/25/2021 IC 9/3/2021 Trial 9/13/2021 Trial 9/27/2021 Trial 11/2/2021 MSC 11/8/2021 Trial 11/18/2021 MSC 12/6/2021 Trial 1/7/2022 Trial 1/14/2022 PTC 1/24/2022 Trial 6/3/2022 FSC 6/13/2022 Trial ATTACHMENT 6(C) PROOF 0F SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State 0f California, ) ss. County ofAlameda. ) 1 am employed in the County ofAlameda, State of California. I am over the age 0f 18 and not a party t0 the within action; my business address is 1999 Harrison St., Suite 1700, Oakland, California 94612. On this date, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested parties in this action by placing same in a sealed envelope, addressed as follows: SEE ATTACHED SERVICE LIST D {BY MAIL) - I caused such envelope(s) with postage thereon fi111y prepaid to be placed in the United States mail in Oakland, California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Oakland, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day afier date of deposit for mailing in affidavit. D gBY CERTIFIED MAIL! i I caused such envelope(s) With postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in Oakland, California. D BY EXPRESS MAIL OR ANOTHERMETHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY E (BY ELECTRONIC FILING AND/OR SERVICE) - Only by emailing the document(s) listed above to the parties in this action using the email addresses identified on the attached Service List. During the period 0f Emergency Rule #12 declared pursuant to the COVID-19 Pandemic, as well as the Orders of the Governor of California and Mayor 0f Los Angeles, this office is working remotely, not readily able to send physical mail as usual, and is therefore using only electronic mail as the preferred method of communication. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission: D FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. D §§Y FACSIMILEL - I caused the above-descn'bed document(s) to be transmitted to the offices of the interested parties at the facsimile number(s) indicated 0n the attached Service List and the activity report(s) generated by facsimile number (5 10) 844-5 101 indicated all pages were transmitted. D jfiY PERSONAL SERVICE! - I caused such envelope(s) to be delivered by hand t0 the office(s) ofthe addressee(s). Executed on March 22, 2021 at Oakland, California. E {STATE} - I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. D [EEDERALL - I declare that I am employed in the office of a member 0fthe bar ofthis court at whose direction the service was made. ANNA M. YOGORE a0 ore ccmslaw.co Villa Developers and Investment, LLC v. Taylor Morrison of California, LLC Santa Clara County Superior Court No. 20-CV-374065 Our File No. 22179w Edward A. Kraus, Esq. William L. Bretschneider, Esq. SILICON VALLEY LAW GROUP One North Market Street, Suite 200 San Jose, CA 95 1 13 408-573-5700 - FAX 408-573-5701 eak@sv1g.com wlb@svlg.com cc: Liz Nomi edn@svlg.com Attorney for Plaintiffs Villa Developers and Investment, LLC, and and Montecito San Jose, LLC