Statement Case Management Conference

Cal. Super. - 6th Dist.March 16, 2021

ATTORNEY OR PARTYWITHOUT ATTORNEY (Name, State Bar numtjer, and address): Michael J. Cheng, CA State Bar No. 244414 Berliner Cohen, LLP, 10 Almaden Blvd., Eleventh Floor, San Jose, CA 95113 TELEPHONE NO.: 408-286-5800 FAX NO. (Optiorial): 408-998-5388 E-MAIL ADDRESS (Optional): michael.cheng@berliner.eom ATTORNEY FOR (Name): Plaintiff PVC Capital, LLC SUPERIOR COURT OF CALIFORNIA. COUNTY OFSanta Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose 95113 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: PVC Capital, LLC DEFENDANT/RESPONDENT: Team Builders (Check one): CASE MANAGEMENT STATEMENT Z] UNLIMITED CASE • LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) FOR COURT USE ONLY CASE NUMBER: 21CV379001 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 30,2021 Time: 10:00 a.m. Dept.: 7 Address of court (ifdifferent from the address above): Div. Room: "23 Notice ofIntent toAppear by Telephone, by (name): Michael J. Cheng INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. I / I ThisStatement is submitted by party (name): PlaintiffPVC Capital, LLC b. I I Thisstatement is submitted jointly by parties(names): CM-110 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): March 16, 2021 b. I I The cross-complaint, ifany, was filed on (dale): 3. Service (to be answered by plaintiffsand cross-complainants only) a. EZH All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. I I The following parties named inthe complaint or cross-complaint (1) [T" (2) (3) have not been sen/ed (specify names and explain why not): have been served but have not appeared and have not been dismissed (specify names): have had a default entered against them (specify names): c. The following additionalparties may be added (specifynames, nature of involvementin case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Complaint for Breach of Contract, Breach of Implied Duty to Perfomn with Reasonable Care, Breach oflmplied Warranty, Professional Negligence, and Conversion Foitt)Adopted (or Mandatory Use Judicial Council of California CM-110(Rev. July 1,2011] CASE MANAGEMENT STATEMENT Pago 1 of S Cal. Rules of Court, rules 3.720-3.730 wvm.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/15/2021 2:23 PM Reviewed By: R. Fleming Case #21CV379001 Envelope: 7665181 21CV379001 Santa Clara - Civil R. Fleming PLAINTIFF/PETITIONER: PVC Capital, LLC DEFENDANT/RESPONDENT: Team Builders CASE NUMBER: 21CV379001 CM-110 4. b. Provide a brief statement of the case, including any damages. (Ifpersonal injurydamages are sought, specify the injuryand damages claimed, including medical expenses to date pndicate 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.) Plaintiffand Defendant entered into a construction contract but Defendant failed to provide the services it contracted to do, resulting in damages to Plaintiff. I I (Ifmore space is needed, check this box and attach a page designated as Attachment4b.) 5. Jury or nonjury trial The party or parties request I I a jury trial I ^ I a nonjury trial. (Ifmore than one party, provide the name ofeach party requesting a jury trial): 6. Trial date a. I I The trial has been set for (date): b. I 1No trial date has been set. This casevi/ill be ready for trial within 12months ofthedate ofthefiling ofthecomplaint (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. I / I days (specify number): 3-5 days b. I I hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial I / I by the attorney or party listed in the caption I I by the following: a. Attomey: b. Firm: c. Address: d. Telephone number: f. Fax number ^E-mail address; g party represented: I I Additional representation is described inAttachment 8. 9. Preference I I This case is entitled to preference (specify code section): 10. Altematlve 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 aile 3.221 for information about the processes availablethroughthe court and community programs in this case. (1) For parties represented by counsel: Counsel CZD has I I has not provided the ADR infomiation package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) Forself-represented parties: Party I 1 has I 1 has not reviewed the ADR infomiation package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) I I This matter is sulyect 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) I I Plaintiffelects to refer this case to judicial ariaitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) I I This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Court or from civilaction mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM.iioiRev. July 1.2011] CASE MANAGEMENT STATEMENT P«3e2of5 PLAINTIFF/PETITIONER: PVC Capital, LLC DEFENDANT/RESPONDENT: Team Builders CASE NUMBER: 21CV379001 CM-110 10. c. Indicate the ADRprocess or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all Uiatapply 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): Ifthe 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 |/| 1/ 1 Mediation session not yet scheduled 1 1 Mediation session scheduled for {date): 1 1 Agreed tocomplete mediation by {date): 1 1 Mediation completed on (date): (2) Settlement conference I/I 1 / 1 Settlement conference not yet scheduled 1 1 Settlement conference scheduled for {date): 1 1 Agreed tocomplete settlement conference by {date): 1 1 Settlement conference completed on{date): (3) Neutral evaluation 1 1 1 1 Neutral evaluation not yet scheduled 1 1 Neutral evaluation scheduled for {date): 1 1 Agreed tocomplete neutral evaluation by {date): 1 1 Neutral evaluation completed on{date): (4) Nonbinding judicial arbitration 1 1 1 1 Judicial arbitration not yet scheduled 1 1 Judicial arbitration scheduled for {date): 1 1 Agreed tocomplete judicial arbitration by {date): 1 1 Judicial arbitration completed on{date): (5) Binding private arbitration 1 1 1 1 Private arbitration not yet scheduled 1 1 Private arbitration scheduled for {date): 1 1 Agreed tocomplete private arbitration by {date): 1 1 Private arbitration completed on{date): (6) Other (specify): 1 1 1 1 ADR sessionnotyetscheduled 1 1 ADR session scheduled for {date): 1 1 Agreed tocomplete ADR session by {date): 1 1 ADR completed on {date): CM-110[Rev.July 1.2011) CASE MANAGEMENT STATEMENT Page 3 of S 11. Insurance a. I I Insurance carrier, ifany, for party filing thisstatement(name): b. Reservation of rights; I I Yes I I No c. I I Coverage issues will significantly affectresolution of this case (explain): CASE NUMBER; 21CV379001 12. Jurisdiction Indicate any matters that may affect the court's jurisdictionor processing of this case and describe the status. I I Bankruptcy I I Other fspec/^;.- Status: 13. Related cases, consolidation, and coordination a. I y IThere are companion, underlying, or related cases. (1) Name of case: Twin Palm Partners, LLC v. Team Builders (2) Nameof court: Superior Court of California, County of Santa Clara (3) Case number 21CV379025 (4) Status: At Issue I I Additional cases are described in Attachment 13a. CM.110 PLAINTIFF/PETITIONER: PVC Capital, LLC DEFENDANT/RESPONDENT: Team Builders b. I IAmotion to I | consolidate I I coordinate will be filed by (name party): 14. Bifurcation I 1The party orparties intend tofile a motion for anorder bifurcating, severing, orcoordinating the following issues orcauses of action (specify moving party, type of motion, and reasons): 15. Other motions I 1 The party orparties expect tofile thefollowing motions before trial (specify moving party, type ofmotion, andissues): 16. Discovery a. I IThe party or partieshavecompleted all discovery. b. L_£J The following discovery will be completed by thedatespecified (describe allanticipated discovery): Party Description Date Plaintiff First Set ofWritten Discovery February 2022 Plaintiff Deposition of Defendant's PMK March 2022 c. I IThe following discovery issues, including issues regarding the discovery of electronically stored infonnation, are anticipated (specify): CM-iioiRov July 120111 CASE MANAGEMENT STATEMENT 18. Otiier Issues CM-110 PLAINTIFF/PETITIONER: PVC Capital, LLC caseNUMBER: - T o -.-i 21CV379001 DEFENDANT/RESPONDENT: Team Builders 17. Economic litigation a. I I 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 willapply to this case. b. I IThis is a limited civil case and a motion to withdraw the case from the economiclitigation procedures or foradditional discovery will be filed (ifchecked, explain specifically why economic litigationprocedures relating to discovery or trial should not apply to this case): 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. I / IThe partyor parties have met and conferred with allparties on allsubjects required by rule 3.724 of the California Rules of Court (if not, explain): b. Aftermeeting and confen-ing as requiredby rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (ifany): 0 I am completely familiarwith 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 willpossess 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: November 12, 2021 Michael J. Cheng ^ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) • (TYPE ORPRINT NAME) (SIGNATURE OF PARTY ORATTORNEY) I I Additional signatures are attached. CM.110 (Rev July 1.2011] MANAGEMENT STATEMENT s or5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 483M730-6349V1 LC/!TABELLE\28428003 PVC Capital, LLC v. Team Builders Case NO.21CV379001 PROOF OF SERVICE I, Liz Catabeile, declare under penalty of perjury under the laws of the State of California that the following facts are true and correct: I am a citizen of the United States, over the age of eighteen years, and not a party to the within action. I am an employee ofBerliner Cohen, LLP, and my business address is Ten Almaden Boulevard, Eleventh Floor, San Jose, California 951 13-2233. On November 15,2021,1 served the following document{s): CASE MANAGEMENT STATEMENT in the following manner: X by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below, eras stated on the attached service list, from the sending facsimile machine telephone number of . The transmission was reported as complete and without error by the machine. Pursuant to California Rules ofCourt, Rule 2008(e)(4), I caused the machine to print a transmission record of the transmission, a copy of which is attached to the original of this declaration. The transmission report was properly issued by the transmitting facsimile machine. by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Jose, California addressed as set forth below. by overnight mail by placing the document(s) listed above in a sealed overnight mail envelope with postage thereon fully prepaid, addressed as set forth below. by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. by e-mail or electronic transmission. Pursuant to Code of Civil Procedure §1010.6, I caused the document(s) to be sent to the person(s) at the e-mail address(es) listed below. William F. Stanger, Esq. The Law Office of William Stanger 541 W. Capitol Expy, #157 San Jose, CA 95136 Tel: (408)357-0035 Email: bill@Avilliamstanuer.com I am readily familiar with my firm's practice for collection and processing ofcorrespondence for mailing with the United States Postal Service/Express Mail, Federal Express and other overnight mail services, to wit, that correspondence will be deposited with the United States Postal Service/overnight mail service this same day in the ordinai7 course of business. Executed on November 15, 2021, at San Jose, California. LizCatabelle