Statement Case Management Conference

Cal. Super. - 6th Dist.February 22, 2021

21 CV376423 Santa Clara - Civil cm-11o A'I'I'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): JAMES R. WILLIAMS, County Counsel (S.B. #271253) STEPHANIE SAFDI, Deputy County Counsel (SB. #310517) OFFICE OF THE COUNTY COUNSEL 70 West Hedding Street, East Wing, 9th Floor, San José, CA 951 10 TELEPHONE N0.: (408) 299-5900 FAX N0. (Optional): (408) 292-7240 E-MAIL ADDRESS (Optional); Stephanie.Safdi@cco.sccg0v.org ATrORNEY FOR (Name); Defendants County of Santa Clara and Jacqueline Onciano FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/1/2021 4:11 PM SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: (Same as above) CITYAND ZIP CODE: San José, California 951 10 BRANCH NAME; Downtown Superior Court Case #21 CV376423 Envelope: 6556703 PLAINTIFF/PETITIONER: Lehigh Southwest Cement Co., et aI. DEFENDANT/RESPONDENT: County of Santa Clara, et aI. 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): Stephanie Safdi (Check one): E UNLIMITED CASE D LIMITED CASE 21CV376423 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: June 16, 2021 Time: 2:30 p.m. Dept: 3 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): Defendants County of Santa Clara and Jacqueline Onciano 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): May 4, 2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. X 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): Petition for writ of mandate and complaint for declaratory relief F°3fl£§gf§gfiiP‘oaf'gaal‘ifofi’ngse CASE MANAGEMENT STATEMENT 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 I _ CASE NUMBER:PLAINTIFF/PETITIONER. Lehlgh Southwest Cement Co., et al. 21CV376423 -DEFENDANT/RESPONDENT: County of Santa Clara, et al. 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.) Plaintiffs have an application for an amendment to the reclamation plan for their surface mining operation pending before the County of Santa Clara. Plaintiffs seek judicial declarations regarding their vested rights to conduct the surface mining-related activities proposed in their application as well as a writ of mandate directing Defendants to process the application without adjudicating the consistency of the application with Plaintiffs' vested rights and to timely complete and certify the environmental impact report for the 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 D a jury trial E 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): 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): 1-2 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 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 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) X 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): Rule 3.811(b)(1): case including prayer for equitable relief CM-HOIReV- Ju'v 112°“! CASE MANAGEMENT STATEMENT Pawn” American LegalNet, Inc. www.FormsWorkFlow.com . CM-110 PLAINTIFF/PETITIONER: Lehigh Southwest Cement Co., et al. CASE NUMBER: D-EFENDANT/RESPONDENT: County of Santa Clara, et al. 21 CV376423 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: L h' h h . I. CASE NUMBER:_ / o e lg Sout west Cement Co , et a 21CV376423 DEFENDANT/RESPONDENT: County 0f Santa Clara, et al. 11. Insurance a. g Insurance carrier, if any, for party filing this statement (name): Self-Insured b. Reservation of rights: D Yes D 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 D The following discovery wi|| be completed by the date specified (descn'be all anticipated discovery): Party Descrigtion Date 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.c0m V. CM-110 . ' CASE NUMBER:PLAINTIFF/PETITIONER. Lehlgh Southwest Cement Co., et al. 21 CV376423 EEFENDANT/RESPONDENT: County of Santa Clara, 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 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: June 1, 2021 Stephanie Safdi, Deputy County Counsel > ls/ Stephanie Safdi (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-“OIRBV- Ju'v 1120111 CASE MANAGEMENT STATEMENT ”995°” Amen'can LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA, COI-INTY OF SANTA CLARA SERVICE BY Lehigh Southwest Cement Company, et al. v. County of Santa Clara, et al. Mark D. Harrison Sean K. Hungerford HARRISON TEMBLADOR HUNGERFORD & JOHNSON LLP 2801 T Street Sacramento, Califomia 958 I 6 Case No.: 2I-CV-316423 I, Chenny Tracey, declare: I am now and at all times herein mentioned have been over the age of eighteen years, employed in Santa ClaraCounty, California, and not aparty to the within action or catlse; that my business address is 70 West Hedding Street, 9th Floor, San Jos6, California 95110-1710. My electronic service address is: chenny.tracey@cco.sccgov.org. On June 1, 2021,I electronically served copies of the following: CASE MANAGEMENT STATEMENT to the people listed below at the following electronic service address: Email: Sean Hungerford shun gerford@hthilaw. com Email : Mark Harrison mharrison@hthjlaw. com I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on June l'2021. Chenny 2420629 1 Proof of Service by Electronic Mail Case Number: 2l-CY -37 6423