Statement Case Management ConferenceCal. Super. - 6th Dist.March 16, 2021ATTORNEY ORPARTY WITHOUT ATTORNEY (Name. Slate Barnumber,and address): Michael J. Chenq, 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): michael.cheng@berliner.eom ATTORNEY FOR (Name): Plaintiff Twin Palm Partners, LLC SUPERIOR COURTOF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose 95113 BRANCH NAME: Dpwntown SuperiorCourt PLAINTIFF/PETITIONER: Plaintiff Twin Palm Partners, LLC DEFENDANT/RESPONDENT: Team Builders (Check one): CZ! CASE MANAGEMENT STATEMENT UNLIMITED CASE (Amount demanded exceeds $25,000) LIMITED CASE (Amount demanded is $25,000 or less) FOR COURT USE ONLY CASE NUMBER: 21CV379025 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 adtJress above): Div. Room: /I Noticeof Intent to Appear 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 This statement is submitted by party (name): Plaintiff Twin Palm Partners, 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 (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. i / I All parties named in the complaint and cross-complaint have beenserved, haveappeared, or havebeendismissed. b. I I The following parties named 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 (specify names): have had a default entered against them (specify names): c. 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 I / I complaint cross-complaint (Describe, including causes of action): Complaint for Breach of Contract and Unjust Enrichment Form Adopted for Mandatory Use Judicial Council of California CM-110 (Rev. July 1,2011) CASE MANAGEMENT STATEMENT Page 1 of S Cal. Rules of Court rules 3.720^.730 www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/15/2021 2:18 PM Reviewed By: R. Fleming Case #21CV379025 Envelope: 7665076 21CV379025 Santa Clara - Civil R. Fleming 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, includingany damages. (Ifpersonal injurydamages 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. Ifequitable 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 (Ifmorespace is needed, check thisboxand attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The partyor parties request 1 I a jurytrial I / I a nonjury trial. (Ifmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. I I The trial has been set for (date): b. I 1No trial datehas been set. This case will be ready for trial within 12months ofthedateofthefiling 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. 1/ 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 parties will be represented at trial I / I by the attomey or party listed in the caption I I bv the following: a. Attomey: b. Finn: c. Address: d. Telephone number: f. Fax number: ®: ^E-mail address: g pgrty 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 different ADR processes are available in different courts and communities; read the ADR infomiation package provided by the court under rule 3.221 for infonnation about the processes available through the court and community programs in this case. (1) Forparties represented bycounsel: Counsel I ^ I has I I has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) Forself-represented parties: Party1 1 has I I has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) I I Thismatter is sul^ect to mandatory judicial arbitration under Code ofCivil Proceduresection 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 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 California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): cM.ii0[Rey. July 1.20111 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 infonvation): The party or parties completing this fomn 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 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 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 sessionscheduled 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 5 11. Insurance a. I I Insurance carrier, ifany, for partyfiling this statement (name): b. Resen/ation of rights: I I Yes I I No c. I I Coverage issues will significantly affect resolution of this case (explain): 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 Bankmptcy I I Other fspec/^;: Status; 13. Related cases, consolidation, and coordination a. I ✓ IThere are companion, underlying, or related cases. (1) Name of case: PVC Capital, LLC v. Team Builders (2) Name of court: Superior Court of Callfomia, County of Santa Clara (3) Case number: 21CV379001 (4) Status: At Issue I I Additional cases are described in Attachment 13a. CM-11Q. PLAINTIFF/PETITIONER: Plaintiff Twin Palm Partners, LLC DEFENDANT/RESPONDENT: Team Bullders b. I I A motion to 1 | consolidate I I coordinate will be filed by (nameparty): 14. Bifurcation I I The party or parties intend to file a motion for an orderbifurcating, severing, orcoordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions I I The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. I IThe partyor parties have completed alldiscovery. b. I / IThefollowing discovery will be completed bythe date specified (describe ailanticipated discovery): Partv Description Date Plaintiff FirstSet of Written Discovery Febmary 2022 Plaintiff Deposition of Defendant's PMK March 2022 c. I I The following discovery issues, including issues regarding the discovery of electronically stored infomiation, are anticipated (specify): cM-iio(Rev July 1.20111 CASE MANAGEMENT STATEMENT page4of5 CM-110 PLAINTIFF/PETITIONER; Plaintiff Twin Palm Partners, LLC casenumber: - 21CV379025 DEFENDANT/RESPONDENT: Team Bullders 17. Economic litigation a. I I This is a limited civil case (i.e., the amount demanded is $25,000or less) and the economiclitigation procedures inCode of Civil Procedure sections 90-98 will apply to this case. b. I I 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 (ifchecked, explain specifically whyeconomic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues 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 / I The party or parties have met and conferred with all parties on all subjects required by njle 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: November 12, 2021 Michael J. Cheng ^ (TYPEOR PRINTNAME) (SIGNATURE OF PARTYOR ATTORNEY) • (TYPEOR PRINTNAME) (SIGNATURE OF PARTY OR ATTORNEY) I I Additional signatures are attached. CM.110 [Rev. July 1.20111 CASE MANAGEMENT STATEMENT ® « 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 28 482?-2476-3629v1 LCATABELLE\28428003 Twin Palm Partners, LLC v. Team Builders PROOF OF SERVICE Case NO.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 of Berliner Cohen, LLP, and my business address is Ten Almaden Boulevard, Eleventh Floor, San Jose, California95113-2233. On November 15,2021,1 served the following document(s): CASE MANAGEMENT STATEMENT in the followina manner: X by transmitting via facsimile the document{s) listed above to the fax number(s) set forth below, or as stated on the attached service list, from the sending facsimile machine telephone number of . The transmission was reported as complete and withouteiror by the machine. Pursuant to California Rules ofCouit, 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 v\as 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) listedabove ina 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@\villiamstaniJer.com I am readily familiar with my firm's practice for collectionand processingofcorrespondence for mailing with the United States Postal Service/Express Mail, Federal Expressand 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 ordinaiy course of business. Executed on November 15, 202L at San Jose, California. Cw IL Liz Catabelle