Statement Case Management Conference

Cal. Super. - 6th Dist.March 11, 2021

21 CV37894O Santa Clara - Civil QMeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Patrick Gilespie - 302456 / Kimberly Shields - 245326 SBN: Murphy, Pearson, Bradley & Feeney 580 California Street, Suite 1100 San Fransisco, CA 94104-1001 TELEPHONE No.: 415-788-1900 FAX No. (0ptiona/):41 5-393-8087 E-MAIL ADDRESS (Optional): KShields@mpbf.c0m / PGillespie@mpbf.com ATTORNEY FOR (Name): PALO ALTO CENTRAL EAST COMMERCIAL ASSOCIATIO FOR COURT USE ONLY Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/19/2021 10:16 AM Reviewed By: System System Case #21 CV378940 SUPERIOR COURT OF CALIFORNIA, COUNTY OFSANTA CLARA STREEr ADDRESS: 191 N. First Street MAILING ADDRESS:191 N. First Street CITY ANDZIP CODE: San Jose, 951 13 BRANCH NAMEIFamily Justice Center Courthouse Envelope: 6872859 PLAINTIFF/PETITIONER: Robert Lee and Peggy Lee DEFENDANT/RESPONDENT: PALO ALTO CENTRAL EAST COMMERCIAL CASE MANAGEMENT STATEMENT (Checkone): UNLIMITED CASE E LIMITED CASE CASE NUMBER: Address of court (if difierent from the address above): Notice of Intent to Appear by Telephone, by (name):Patrick Gillespie 21CV378940 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:August 3, 2021 Time:3:45 pm Dept: 19 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).'Palo Alto Central East Commerical Association 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 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 ofinvo/vement in case, and date by Which they may be served): 4. Description of case 8- Type Ofcasein complaint E cross-complaint (Describe, including causes of action): (1) Injunctive Relief and Damages from Breach of Governing Documents ; (2) Declaratory Relief Form Adopted for Mandatory Use Judicial Council of California CM-1 10 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Court, rules 3720-3730 www.courts.ca.gov Westlaw Doc 8: Fonn Bu'lder'" CM-110 DEFENDANT/RESPONDENT: PALO ALTO CENTRAL EAST COMMERCIAL PLAINTIFF/PETITIONER: Robert Lee and Peggy Lee CASE NUMBER: 21CV378940 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.) Plaintiffs are owners 0f commercial property located within Defendant's common interest development. Plaintiffs contend that the Association failed to maintain and repair damage from water intrusion. Defendants deny the allegations and contend that the water damage was caused by Plaintiffs. E (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 Attachment 1 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 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) 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): Amount in controvery exceeds $50,000.00 CM-“OIReV- Ju'v 1: 20111 CASE MANAGEMENT STATEMENT Pagan” CM-11O PLAINTIFF/PETITIONER: Robert Lee and Peggy Lee DEFENDANT/RESPONDENT:PALO ALTO CENTRAL EAST COMMERCIAL CASE NUMBER: 21CV378940 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 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 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 PLAINTIFF/PETITIONERRObert Lee and Peggy Lee CASE NUMBER: 2 1 CV378940 DEFENDANT/RESPONDENTPALO ALTO CENTRAL EAST COMMERCIAL 11. Insurance a. Insurance carrier, if any, for party filing this statement (name):CNAO 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 motions The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): Defendant reserves the right t0 bring dispositive motion, if facts are discovered warranting the same 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): Pa_rt¥ Descrigtion % Defendant Palo Alto East Written Discovery 12/3 1/21 Commercial Association Percipient Depositions 2/28/22 Expert Discovery Per Code c_ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): An inspection 0f the subject property Will be required and inspection 0f any repair work performed must be observed by Defendant. Additionally, Plaintiffs have argued that a sub-floor access within the subject property would need t0 be closed off, and relocated to association common area. Defendant strongly disagrees with said contention CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page4of5 CM-1 10 PLAINTIFF/P ETITIONER:Robert Lee and Peggy Lee CASE NUMBER: 21CV378940 DEFENDANT/RESPONDENT: PALO ALTO CENTRAL EAST COMMERCIAL 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 (specifil): 19. Meet and confer a. X 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 (ifnot, 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): 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 of the party where required. Date: July 19, 2021 Patrick Gilespie ’ @311W (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached.(TYPE OR PRINT NAME) CM.110 [Rex]. July 1, 2011] CASE MANAGEMENT STATEMENT Page sofs MC-025 SHORT TITLE: Lee V. Palo Alto CASE NUMBER:- 21CV378940 ATTACHMENT (Number): 1 (This Attachment may be used with any Judicial Council form.) 8/15/2021 - Trial, 11/01/2021 - 11/30/2021- Paternity Leave, 12/13/2021 - Trial 01/07/2022 - MSC, 01/14/2022 - Trial Conf, 01/21/2021 - Trial 01/24/2022 - Trial, 03/07/2022 - Trial, 03/09/2022 - Msc, 03/14/2022 - Trial, 03/16/2022 - Msc, 03/25/2022 - Trial, 04/04/2022 - FSC, 04/18/2022 - Trial 04/19/2022 - Issue Conf. 05/02/2022 - Trial, 05/09/2022 - Trial, 6/13/2022 - Trial, 07/25/2022 - Trial, 08/15/2022 - Trial (/f the item that this Attachment concerns is made under penalty of peljury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) F°J$£gfiaiflésg?5zfi?oi'n%;se ATTACHMENT wgfiwcfiéfé’fmfié’x MC-025 [Rem July1, 2009] to Judicial Council Form 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I, Margot Rivas, declare: I am a citizen 0f the United States, am over the age of eighteen years, and am not a party t0 or interested in the Within entitled cause. My business address is 550 S. Hope Street, Suite 650, Los Angeles, CA 90071. On July 19, 2021, I served the following document(s) 0n the parties in the within action: CASE MANAGEMENT STATEMENT VIA MAIL: I am familiar with the business practice for collection and processing of mail. The above-described document(s) Will be enclosed in a sealed envelope, With first class postage thereon fully prepaid, and deposited with the United States Postal Service at Los Angeles, California on this date, addressed as listed below. VIA E-MAIL: I attached the above-described documents to an e-mail message, and invoked the send command t0 transmit to the persons at the e-mail addresses listed below, X Which have been previously confirmed through communications with counsel, and received n0 error message. Pursuant t0 California Code ofCivil Procedure § I 01 0.6(e) as amended by SB I I46, all counsel are required to accept electronic service 0f these documents. Charles S. Bronitsky Attorney For Plaintiffs Law Office 0f Charles S. Bronitsky ROBERT LEE AND PEGGY LEE 533 Airport Blvd, Suite 326 Burlingame, CA 94010 E-mail: charlie@charlieblaw.com Phone: (650) 918-5760 Fax: (650) 649-2316 I declare under penalty of perjury under the laws of the State of California that the foregoing is a true and correct statement and that this Certificate was executed 0n July 19, 2021. By /s/Margot Rivas Margot Rivas _ 1 _ PLEADING TITLE