Statement Case Management Conference

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Barnumber, 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. (Optional): 408-998-5388 E-MAIL ADDRESS (Optional): michaei.cheng@berliner.eom ATTORNEY FOR (Name): Plaintiff TwIh Palm Partners, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OFSanta Clara STREET ADDRESS MAILING ADDRESS CITY AND ZIP CODE 191 North First Street San Jose 95113 BRANCH NAME: Qowntown Superior Court PLAINTIFF/PETITIONER: Plaintiff TwIn Palm Partners, LLC DEFENDANT/RESPONDENT: Team Bullders CASE MANAGEMENT STATEMENT (Check one): CZ] UNLIMITED CASE •• LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) FOR COURT USE ONLY CASE NUMBER: 21CV379025 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 27,2021 Time: 2:15 p.m. Dept.: 7 Address of court (ifdifferent from the address above): I / I Notice of Intentto Appear by Telephone, by (name): Michael J. Cheng Div. Room: 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 submittedby party (name): PlaintiffTwin Palm Partners, LLC b. I I Thisstatement is submitted jointly by parties (names): CM-110 2. Complaint and cross-complaint (tobe 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 (date): 3. Service (to be answered by plaintiffsand cross-complainants only) a. [VH All parties named in the complaint and cross-complaint have been sen/ed, have appeared, or have been dismissed. b. I I The following partiesnamed in the complaint or cross-complaint (1) (2) (3) have not been served (specify names and explain why not): have been served but have not appeared and have not been dismissed (specifynames): have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): A. Description of case a. Type ofcase in [V] complaint cross-complaint (Describe, including causes of action): Complaint for Breach of Contract and Unjust Enrichment FormAdopted(orMandatofyUse Judicial Council of California CM-110{Rev. July 1.2011) CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/23/2021 2:10 PM Reviewed By: System System Case #21CV379025 Envelope: 6914502 21CV379025 Santa Clara - Civil System System PLAINTIFF/PETITIONER: Plaintiff Twin Palm Partners, LLC DEFENDANT/RESPONDENT: Team Builders CASE NUMBER: 21CV379025 CM-110 4. b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff and Defendant entered into a construction contract but Defendant failed to provide the services it contracted to do, and has improperly retained the down payment. I I (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The partyor parties request I I a jury trial I ^ I a nonjury trial. (Ifmorethan one party, provide the name ofeach party requesting a jury tiial): 6. Trial date a. I I The trial has been set for (date): b. I 1No trial date has been set. This casewill be ready for trial within 12 months ofthedate ofthefiling ofthecomplaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specifydates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial willtake (check one): a. I / I days (specify number): 2-3 days b. I I hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or partieswill be represented at trial I / I bythe attorney or party listed inthe caption I I bythe following: a. Attorney: b. Finn: c. Address: d. Telephone number: f pax number: ^ ^E-mail address: g party represented: I I Additional representation is described in Attachment 8. 9. Preference I I This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that differentADR processes are available indifferentcourts and communities; read the ADR infonnation package provided bythe courtunder mle3.221 forinfomiation about the processes available through the court and community programs in this case. (1) Forparties represented bycounsel: Counsel has I I has not provided the ADR infonnation 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 information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (ifavailable). (1) I I This matter is suWect 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 controversydoes not exceed the statutory limit. (2) I I 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) I I This case is exempt from judicial arbitration under rule 3.811 of the Califomia Rules of Courtor from civilaction mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM.ii0(Rev.juiy 1,2011) CASE MANAGEMENT STATEMENT PLAINTIFF/PETITIONER: Plaintiff Twin Palm Partners, LLC DEFENDANT/RESPONDENT: Team Builders CASE NUMBER: 21CV379025 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 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): Ifthe party or parties completing this fomi 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 to complete 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 to complete 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 to complete 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 to complete 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 session not yet scheduled 1 1 ADR session scheduled for {date): 1 1 Agreed to complete ADR session by {date): 1 1 ADR completed on{date): CASE MANAGEMENT STATEMENT PLAINTIFF/PETITIONER: Plaintiff Twin Palm Partners, LLC DEFENDANT/RESPONDENT: Team Builders 11. Insurance a. I I Insurance carrier, ifany, forpartyfiling this statement (name): b. Reservation of rights: I I Yes I I No c. I I Coverage issues will significantly affect resolution of this case (explain): CM-11Q CASE NUMBER: 21CV379025 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. I I Bankruptcy I 1 OVner (specify): Status: 13. Related cases, consolidation, and coordination a. I y IThere are companion, underlying, or related cases. (1) Name of case: PVC Capital, LLC v. Team Builders (2) Nameof court: Superior Court of California, County of Santa Clara (3) Case number: 21CV379001 (4) Status: At Issue I I Additional cases are described in Attachment 13a. b. I I Amotion to I I consolidate I I coordinate will be filed by fnameparty;.- 14. Bifurcation I 1The party orparties intend tofile a motion for anorder bifurcating, severing, orcoordinating thefollowing issues orcauses of action (specify moving party, type of motion, and reasons): 15. Other motions I 1 The party orparties expect to file the following motions before trial (specify moving party, type ofmotion, andissues): 16. Discovery a. I IThe partyor parties have completed alldiscovery. b. I ^ IThefollowing discovery will be completed bythe date specified (describe allanticipated discovery): Party Description Date Plaintiff FirstSet of Written Discovery October 2021 Plaintiff Deposition of Defendant's PMK December 2021 c. I IThe following discovery issues, including issues regarding the discovery of electronicallystored infonnation, are anticipated (specify): CM.ii0[Rev July 1.2011) Q^gE MANAGEMENT STATEMENT Page 4of 5 18. Other issues CIVI-110 PLAINTIFF/PETITIONER: Plaintiff Twin Palm Partners, LLC casenumber: - T D 21CV379025 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 will apply to this case. b. I I This is a limited civil case and a motion to withdrawthe case from the economic litigation procedures or for additional discovery will be filed (ifchecked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): I The party or parties request that the following additional mattersbe considered or determined at the case management conference (specify): Plaintiff submitted its Request for Entry of Default on May 18, 2021, but recently Defendant's attorney contacted Plaintiffs attorney and submitted Defendant's Answer before default was entered. 19. Meet and confer a. I / I 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): 0 I 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 23. 2021 Michael J. Cheng (TYPE OR PRINT NAME) (SIGNATURE OF PARTY ORATTORNEY) • (TYPE ORPRINT NAME) (SIGNATURE OF PARTY ORATTORNEY) I I Additional signatures are attached. CM-ii0[Rev.juiyi.20iii MANAGEMENT STATEMENT pagesors 1 2 3 4 5 6 7 8 9 10 n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4822.2476-3629v1 LCATABELLE\28428003 Twin Palm Partners, LLC v. Team Builders PROOF OF SERVICE CaseNo.21CV379025 I, Liz Catabelle, 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 95113-2233. On July 23, 2021, I served the following document(s): CASE MANAGEMENT STATEMENT in the following manner: X by transmitting via facsimile the document{s) listedabove to the faxnumber(s)set forth below,or as stated on the attached sei*vice list, from the sending facsimile machine telephone number of . The transm ission was reported as complete and without eiror by the machine. Pursuant to California Rules ofCourt, Rule 2008(e)(4), 1caused 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, 1 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^williamstan^er.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 ordinary course of business. Executed on July 23, 2021, at San Jose, California^ Liz Catabelle