Statement Case Management Conference

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

200V374065 Santa Clara - Civil QMmstem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Ryan P. Harley, Esq. (SBN 245059) SBN: Heather T. F. Maslowski Gee, Esq. (SBN 320051) COLLINS + COLLINS LLP 2175 N California Boulevard, Suite 835, Walnut Creek, CA 94596 TELEPHONE N0; 5 1 0-844-5 1 00 FAX No. (Optional): 5 10-844-5 101 E-MAIL ADDRESS: rharley@ccllp.law; hgee@ccllp.law ATTORNEY FOR (Name)-' Defendant, BKF ENGINEERS FOR COURT USE ONLY Electronically Filed by Superior Court of C County of Santa Clara, on 9/7/2021 3:16 PM Case #20CV374065 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 951 13 BRANCH NAME: Downtown Superior Court Envelope: 7215506 PLAINTIFF/PET'TIONERIVILLA DEVELOPERS AND INVESTMENT, LLC DEFENDANT/RESPONDENTITAYLOR MORRISON OF CALIFORNIA, LLC Reviewed By: System System A, CASE MANAGEMENT STATEMENT (Check one): m UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 20CV374065 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: September 21, 2021 Time: 10:00 am. Dept: 19 Div.: Address of court (if different from the address above): Room: 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. m This statement is submitted by party (name):BKF ENGINEERS b. E This statement is submittedjointly by parties (names): 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) Complaint and cross-complaint (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. E The following additional parties may be added (specify names, nature ofinvolvement in case, and date by Which they may be served): 4. Description of case a. Type of case in complaint E cross-complaint (Describe, including causes of action): Breach 0f Contract by Third-Party Beneficiary; Negligence; Professional Negligence Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Judicial Council of California CM-1 10 [Rev. September 1. 2021] Cal. Rules of Court, Iules 3720-3730 WWW.COUI‘tS.Ca,gOV WestiawDocSIFonnBuider' CM-110 PLAINTIFF/PETITIONER: VILLA DEVELOPERS AND INVESTMENT, LLC CASE NUMBER; DEFENDANT/RESPONDENTI TAYLOR MORRISON 0F CALIFORNIA, LLC 20CV374065 4. b. Provide a brief statement of the case, including any damages. (/fpersona/ 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. lf equitable relief is sought, describe the nature of the relief.) This matter arises out 0f the design, construction, and development 0f real property commonly known as 2726 and 2752 Goble Lane in San Jose, California. In 0r about 2012, Taylor Morrison of California, LLC (“TM”) retained BKF Engineers (/f more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties requestm a jury trial E a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E Thetrial has been setfor (date): b. m No trial date has been set. This case will be ready for trial 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): 11/2/21 MSC; 11/8/21 Trial; 11/18/21 MSC; 12/6/21 Trial; 1/6/22 SC; 1/7/22 Trial; 1/14/22 Pre-Trial Conference; 1/14/22 Issue Conf; 1/24/22 Trial; 1/24/22 Trial; 1/25/22 Issue Conf; 1/31/22 Trial; 2/14/22 Trial; 6/3/22 FSC; 6/13/22 Trial 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. m days (specify number): 7-10 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m 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-mailaddress: g. Partyrepresented: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 of the California Rules of Courtfor information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel m 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: Party E 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 subject to mandatory judicial 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 1141.11. (3)E 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): Page 2 of 5CW” [Rev‘ Septembe’ 1' 202” CASE MANAGEMENT STATEMENT CM-110 PLAINTIFF/PETITIONER:VILLA DEVELOPERS AND INVESTMENT, LLC cASE NUMBER; DEFENDANT/RESPONDENT‘TAYLOR MORRISON 0F CALIFORNIA, LLC 20CV374065 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 lfthe 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 all that apply): stipulation): m Mediation session notyet scheduledE Mediation session scheduled for (date):E Agreed to complete mediation by (date):E Mediation completed on (date): (1) Mediation E m Settlement conference not yet scheduled (2) Sewement m E Settlement conference scheduled for(date):conference E Agreed to complete settlement conference by(date).'E Settlement conference completed on (date): E Neutral evaluation not yet scheduled v E Neutral evaluation scheduled for (date): (3) Neutral evaluation E _E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbindingjudicial E E Judicial arbitration scheduled for (date): arbitration E Agreed to complete judicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): E ADR session not yet scheduledE ADR session scheduled for (date):E Agreed to complete ADR session by (date):E ADR completed on (date): (6) Other (specify): E CM-‘l 1O [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT Page 3 0f 5 CM-110 PLAINTIFF/PETITIONER: VILLA DEVELOPERS AND INVESTMENT, LLC CASE NUMBER: DEFENDANT/RESPONDENT: TAYLOR MORRISON OF CALIFORNIA, LLC 20CV374065 11. Insurance 8- m 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 138. 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 motions E 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. m The following discovery will be completed by the date specified (describe a/l anticipated discovery): Pafly Description 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-‘l 1O [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT Page 4 °f 5 CM-1 1 0 PLAINTIFF/PETITIONER: VILLA DEVELOPERS AND INVESTMENT, LLC CASE NUMBER: DEFENDANT/RESPONDENT: TAYLOR MORRISON OF CALIFORNIA, LLC 20CV374065 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 (specify): 19. Meet and confer a. m 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. D 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): 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 ofthe party where required. Date: September 7, 2021 Heather T.F. Maslowski Gee, Esq. ’ (TYPE OR PRINT NAME) E Additional signatures are attached. fSIGfAbe 0F PARTY 0R ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) CM-‘l 1O [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT Page 5 °f 5 MC-025 CASE NUMBER:SHORT TITLE: 20CV374065 ATTACHMENT (Number): 4b (This Attachment may be used with any Judicial Council form.) (“BKF”) to provide design services for the Montecito Vista Proj ect, including, but not limited t0, the design 0f private stre et improvements and design plans for the grading work. Plaintiffs contend that TM and/or BKF failed t0 obtain approval 0f the plans and specifications for the grading work with the San Jose Fire Department, and plead causes of action for breach 0f contract, negligence, and professional negligence (If the item that this Attachment concerns is made under penalty of perjwy, all statements in this Page ] of ] Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use ATTACHMENT wesflaclvuéuéfztgmoéfiidgfxJudicial Council of California MC-025 [Rem July 1, 20091 to Judicial Council Form PROOF 0F SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State 0f California, ) ) ss. County of Contra Costa ) I am employed in the County of Contra Costa, State 0f California. I am over the age of 1 8 and not a palty to the Within action; my business address is 2175 N Califomia Boulevard, Suite 835, Walnut Creek, California 94596. On this date, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested panics in this action by placing same in a sealed envelope, addressed as follows: D D g D D D E D C SEE ATTACHED SERVICE LIST {BY MAIL} - I caused such envelope(s) With postage thereon fully prepaid to be placed in the United States mail in Walnut Creek, 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 Walnut Creek, California a in the ordinary course of business. I am aware that on motion of the pafiy served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date of deposit for mailing in affidavit. jBY CERTIFIED MAILl 71 caused such envelope(s) with postage thereon fillly prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in Walnut Creek, California. FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. (BY ELECTRONIC FILING AND/OR SERVICE) - I served a true copy, With all exhibits, electronically on designated recipients listed on the attached Service List. QEQLECTRONIC SERVICE PER CODE CIV. PROC., § 1010.6) - By prior consent or request or as required by rules of court (Code Civ. Proc., § 1010.6 (amended Jan. 1, 2021); Code Civ. Proc., § 1013(g); Cal. Rules 0f Court, rule 2.251(a)). QEY PERSONAL SERVICE! - I caused such envelope(s) to be delivered by hand t0 the office(s) ofthe addressee(s). Executed on September 7, 2021 Walnut Creek, California. {STATE} - I declare under penalty ofperjury under the laws of the State of California that the above is true and correct. [EEDERALL - I declare that I am employed in the office of a member 0fthe bar ofthis court at whose direction the service was made. ANNAM. YOGORE a o ore ccll .law 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 951 13 408-573-5700 - FAX 408-573-5701 eak@svlg.com wlb@svlg.corn cc: Liz Nomi edn@sv1g.com Attorney for Plaintiffs Villa Developers and Investment, LLC, and and Montecito San Jose, LLC Jason Arthur Specht, Esq. : Collinsworth Specht Calkins & Giampaoli, 9665 Chesapeake Dr Ste 305, San Diego, CA 92123 (858) 549-2800 - FAX: (858) 549-3700 jspecht@cslawoffices.com Attorney for Defendant Taylor Morrison of California, LLC