Statement Case Management ConferenceCal. Super. - 6th Dist.January 20, 2021ATTORNEY OR PARTY IIIIITHOUT ATTORNEY (Name, State Bar number, and address). Phillip G. Vermont 132035 Randick O'Dea Tooliatos Vermont & Sargent LLC 5000 Hopyard Road, Ste. 225 Pleasanton, CA 94588 TELEPHONENOJ (925) 460-3700 FAXNO(ondonal)h (925) 460-0969 EMAILADDRESS(ocfhonal): pvermont(Irandicklaw. corn ATTQRNEY FQR (Name): Plaint if f BTP Wi 1 low Glen, LLC sUPERIQR coURT QF cALIFQRNIA, couNTY QF Santa Clara sTREETADDREss: 191 N. First Street MAILINGADDREsa 191 N. FirSt Street cITYANDzIPGDDE: San Jose, CA 95113 BRANcH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: BTP Willow Glen, LLC, a California limited FOR CDURT USE ONLY CM-110 DEFENDANT/RESPONDENT; Margaret Mary Abriego, Personal Representat CASE MANAGEMENT STATEMENT (Check one): Q3 UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 6/1/2021 Time; 1: 3 0 pm Dept.: 2 Address of court (if different from the address above): CASE NUMBER: 21CV376527 Dive Room: Notice of Intent to Appear by Telephone, by (name)( Phillip G. Vermont, Courtcall INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. Q3 This statement is submitted by party (name)( BTP Willow Glen, LLC b. ~ This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainan(s only) a. The complaintwas filed on (dale)) 1/20/2021 b. ~ The cross-complaint, if any, was filed on (date)( 3. Service (lo be answered by plaintiffs and cross-complainan(s only) a. Q3 All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and explain why not)( (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature ofinvolvemen(in case, and the date by which they may be served): 4. Description of case a. Type of case in Q3 complaint ~ cross-complaint (Describe, including causes of action): Breach of Commercial Lease FormAdoptedforMandetonr Use . CASE MANAGEMENT STATEMENT Judkcial Council of Cegfomia ( ~~P; EaaentialCM-I IC (Ray. July I, 2cl1l csbmm jiperma GS Management Page 1 of 6 Cel. Rules of Court, rules 3 720-3 730 www coons.ca gou Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/17/2021 2:00 PM Reviewed By: System System Case #21CV376527 Envelope: 6458180 21CV376527 Santa Clara - Civil System System PLAINTIFF/PETITIONER:BTP Willow Glen, LLC, a California limited CASENUMsER. 21CV376527 DEFENDANT/RESPONDENT: Margaret Mary Rbriego, Personal Representa CM-110 Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses lo date (indicate source and amount), estimated future medical expenses, lost earnings Io date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief) Breach of Commercial Lease: Damages of $ 2242097.98 plus attorney fees. ~ (If more space is needed, check this box and attach e page designated as Attachment 4b.) Jury or nonjury trial The party or parties request ~ a jury trial Q3 a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): Trial date a. ~ The trial has been set for (dale): b. ~ 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 nol, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a. Q3 days (specify number): 2 dayS b. ~ hours (short causes) (specify): Trial representation (lo be answered foreach party) The party or parties will be represented at trial Q3 by the attorney or party listed in the caption a. Attorney: b, Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented;~ Additional representation is described in Attachment 8. Preference~ This case is entitled to preference (specify code section): ~ by the following: 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 QQ has ~ 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 ~ has ~ has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ~ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ 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) ~ 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 110 IRev July 1, 201 1 I iCcLLP; Essential cex.corn ÃFOI'ma CASE MANAGEMENT STATEMENT GS Management Page 2 of 5 PLAINTIFF/PETITIONER:BTP Willow Glen, LLC, a California limited CASE NUMBER: 21CV376527 DEFENDANT/RESPONDENT: margaret Mary tuyriego, personal Represents CM-110 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 a/I 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/I 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'DR 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 (da/e): (5) Binding private arbitration ~ Private arbitration not yet scheduled ~ Private arbitration scheduled for (date) J ~ Agreed to complete private arbitration by (date); ~ Private arbitration completed on (date): (6) Other (specify): ~ ADR session not yet scheduled ~ ADR session scheduled for (da/e): ~ Agreed to complete ADR session by (date): ~ ADR completed on (date): CM-110 iaaf. July 1, 2D11] ~ JgFormbs. CASE MANAGEMENT STATEMENT GS Management Page 3 of 3 PLAINTIFF/PETITIONER:STP Willow Glen, LLC, a California limited l CRSERUMSE/E 21CV376827 DEFENDANT/RESPONDENT: Margaret Mary Rbriego, Personal Representati CM-110 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: ~ Yes C3 No c. ~ 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. Cl Bankruptcy ~ Other (specify): Status: 13. Related cases, consolidation, and coordination a. ~ There are companion, underlying, or related cases. (1) Nameofcase: Estate of Mary Husi (2) Name of court: Santa Clara (3) Case number: 20PR18 827 6 (4) Status: Pending~ Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ 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~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. Qg The following discovery will be completed by the date specified (describe a// anticipated discovery): ~Part Descriotion Plaintiff Interrogatories Plaintiff Document Production Plaintiff Request for Admissions Plaintiff Depo of parties Date 6/16/2021 6/16/2021 6/16/2021 After ADR c. M The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): Unknown CM-110 IRey July 1, 0011] ( g3'sserltial ceffcom Paporms CASE MANAGEMENT STATEMENT GS Management Page 4 of 5 PLAINTIFF/PETITIONER: BTP Willow Glen, LLC, a California limited CASE NUMsER: 21CV376527 DEFENDANT/RESPONDENT: Margaret Mary A)oriego, 6'ersonal RePresentat CM-110 17. Economic litigation a. ~ 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. ~ 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 tnai should not app/y to this case): 18. Other issues g3 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Form o f ADR 19. Meet and confer a. QQ 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 (if any): I am completely familiar with this case and will be fully prepared to disc as well as other issues raised by this statement, and will possess the a the case management conference, including the written authority of the Date: May 17, 2021 'PF)1 1 1 1 TY G Tlr vmnf)t (TYPE OR PRINT NAME) overy and alternative dispute resolution, tipulation th issues at the time of IAAj V (SIGNATURE OF IFRTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-I ID (Rev. July I, 26( I] ICvL[3'ssential ceacom Plporms'ASE MANAGEMENT STATEMENT GS Management Page 6 of 6 e CourtCall 2 isa W. l90o Street Torrance, CA 90504 Phone: lgssl 882-6878 Fax:(888) 883-2946 CourtCag.corn Court Conferences is a division of Courtcalle CourtCaii Appearance - Service Copy This document shall serve as notice of a CourtCall Appearance by the participant listed below in the referenced case. Others wishing to appear remotely should contact CourtCall, LLC at (888) 882-6878 or (310) 342-0888. Phillip G. Vermont Randick O'Dea Tooliatos Vermont & Sargent LLP Teh (925) 460-3700 (925) 460-0969 Case Name: BTP Willow Glen, LLC. vs. Margaret Mary Abriego et al Case Number: 21CV376527 Court Name; Santa Clara County Superior Court (CA) Dept/3udge: 2 /3udge Drew Takaichi (VC) Proceeding: Case Management Conference Date/Time: Tuesday, June 1st, 2021 at 1:30 PM PT ! Note: this is not a Confirmation of your CourtCall Appearance. Each participant must make his or her own arrangements with CourtCall. While clients can save money and Courts can become more efficient and generate revenue, CourtCall has the most impact upon prac- ticing attorneys as it helps to give them their lives back. Attorneys can use the time they save using CourtCall to catch-up on other pressing matters, enjoy time with family and friends or otherwise take advantage of the time no longer spent traveling to and from Court. Call us for details. There are no subscriptions or equipment to buy. COURTCALL VIDEO IS HERE! CourtCall is equipping Courtrooms of interested 3udges with its state-of-the-art, browser-based video conferencing platform, en- abling full video participation for traditional CourtCall Appearances. Lawyers only need a computer with sufficient bandwidth and a webcam to view and/or share video in accordance with a 3udge's pre- ferences. To learn more about vi- deo options, please ask a CourtCall representative. The foregoing information may have been obtained from court records which may not reflect recent calendar changes. If it is inaccurate because your app- earance has been continued, please apply this information to the new date. If the matter ls off calendar, you have no involve- ment in the case or you do not wish to use this service, please disregard this notice. Do not call the Court Clerk, Our representatives are available to make presentations for your firm, your clients, Bar Associations or other groups. Please call to schedule a presentation. Remote Appearances. Simplified. CourtCall Appearances are available for over 2,000 3udges nationwide, with additional Courts being added monthly. Please visit our website at www.courtcall.corn for a complete list of participating Courts and Judges across the US, Canada and other jurisdictions. Maria Mendez ext. 649 [CS] SERVICE COPY FOR COURTCALL49 APPEARANCE Copyright 2021 CourtCag, I I C. Ag itights Reserved. PROOF OF SERVICE I, Sue Betti, declare: I am employed in Alameda County, State of California, am over the age of eighteen years, and not a party to the within action. My business address is 5000 Hopyard Road, Suite 225, Pleasanton, California 94588. I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service and/or other overnight delivery. Under overnight delivery practice, all mailings are deposited in an authorized area for pick-up by an authorized express service courier the same day it is collected and processed in the ordinary course of business. On the date set forth below, I served the within: CASE MANAGEMENT STATEMENT COURTCALL APPEARANCE - SERVICE COPY on the parties in this action by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: Philip Eugene Yeager Hansen Law Firm, P.C. 75 E. Santa Clara St., Ste, 1250 San Jose, CA 95113 SERVE ELECTRONICALLY: Craig Hansen: craistRhansenlawfitm.net Philip Yeager; Gina Huerta: phil@hansenlawfirm.net vinaRhansenlawfirm.net [XX] (By Electronic Service) The above-referenced document was served by electronically mailing a true and correct copy through Randick 03Dea Tooliatos Vermont & Sargent LLP's electronic mail system, pursuant to agreement of the parties, to the email addresses set forth as listed above, and in accordance with Federal Rules of Civil Procedure, Rule 5(b). I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on May 17, 2021, at Pleasanton, California. Sue Betti PROOF OF SERVICE 509353.0 3