Statement Case Management Conference

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

21 CV379025 Santa Clara - Civil CMRI taming ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY SBN: Law Office OfWilliam Stanger EIGCtron'Fally F'led 541 w. Capitol Expy #157 by SUPEI‘IOI' Court 0f CA, San Jose, CA 95136 County of Santa Clara, TELEPHONE No.: (408) 357-0035 FAX No. (Optional).- On 1 1/1 5/2021 5:40 PM E-MAIL ADDRESS: bill@williamstanger.com Reviewed By: R. Fleming ATTORNEY FOR (Name): Team Builders case #21 cv379025 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA . STREET ADDRESS: 191 North First Street Envelope' 7668337 MA'L'NG ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose 951 13 BRANCH NAME: Downtown Superior Court PLAINTIFF/PETITIONER: Twin Palm Partners, LLC DEFENDANT/RESPONDENT: Team Builders CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) 21CV379025 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: November 30, 2021 Time: 10:00 AM Dept.:7 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): William F. Stanger, Esq. 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): Team Builders b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (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 (specifi/ names, nature ofinvo/vement in case, and date by Which they may be served): 4. Description of case a. Type of case in corn plaint E cross-complaint (Describe, including causes of action): Breach of Contract and Unjust Enrichment Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-‘l 10 [Rev. September ’l. 2021] vvwvu.courts.ca.gov Westtaw Doc & Form Bulder- CM-110 PLAINTIFF/PETITIONER: Twin Palm Partners, LLC CASE NUMBER: DEFENDANT/RESPONDENT: Team Builders 21CV379025 4. b. Provide a brief statement of the case, including any damages. (lfpersonal injury damages 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. If equitable relief is sought, describe the nature of the relief.) Plaintiffs hired Defendants t0 perform construction work, including installing and painting siding and trim. Plaintiffnow sues Defendant for failing to do work that was never within its scope (addressing wood rotted trim), and for defects that Defendant has not observed after inspection and denies causing (peeling paint). E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial E a nonjury trial. (Ifmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E Thetrial has been setfor (date): b. E No trial date has been set. This case will be ready for trial within 12 months ofthe date ofthe filing ofthe complaint (I'f 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. days (specify number): 3-5 days b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial 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-mailaddress: g. Partyrepresented:E Additional representation is described in Attachment 8. 9. PreferenceE 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 information package provided by the court under rule 3.221 ofthe California Rules of Courtfor information about the 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: Party E 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 subject 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)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)E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-‘l 10 [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT ”992°” CM-110 pLA|NT|FF/PETITIONER: [win Palm Partners, LLC CASE NU BER: I . 21CV3 79025DEFENDAN l/RESF ONDE” l' leam Bullders 10. C. Indicate the ADR process or processes thatthe party or parties are willing to participate in, have agreed to participate in, or have already participated in (check a/l that apply and provide the specified information): The party or parties completing Ifthe party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): Mediation session notyet scheduledE Mediation session scheduled for (date):E Agreed to complete mediation by (date):E Mediation completed on (date): (1) Mediation Settlement conference not yet scheduled (2) Settlement E Settlement conference scheduled for(date): conference E Agreed to complete settlement conference by (date):E Settlement conference corn pleted on (date): E Neutral evaluation not yet scheduledE Neutral evaluation scheduled for (date): (3) Neutral evaluation E 'E Agreed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): E Judicial arbitration not yet scheduled (4) Nonbinding judicia| E E Judicial arbitration scheduled for (date): arbitration E Agreed to complete judicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled (5) Binding private E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (date):E Private arbitration completed on (date): E ADR session not yet scheduled (6) Other (Specify): E E ADR seSSIon scheduled for (date):E Agreed to complete ADR session by (date):E ADR completed on (date): CM-‘l 10 [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT Page3°f5 CM-110 PLAINTIFF/PETITIONER: Twin Palm Partners, LLC CASE NUMBER: DEFENDANT/RESPONDENT: Team Builders 21CV379025 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): 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. There are companion, underlying, or related cases. (1) Name of case: PVC Capital, LLC (2) Name 0f COUF’EI Santa Clara County Superior (3) Case number;21CV379001 (4) StatU31 At issueE 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 E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 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 discovery): Pity Description m Defendant Written Discovery March 2022 Defendant PMQ Deposition April 2022 Defendant Third-party witness depositions May 2022 Defendant Expert depositions April 2022 c. E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CW1" [Rev- Septembe‘1' 202“ CASE MANAGEMENT STATEMENT ”994°” CM-110 PLAINTIFF/PETITIONER: Twin Palm Partners, LLC CASE NUMBER: DEFENDANT/RESPONDENT: Team Builders 21CV379025 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 (specify): 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules of Court (if not, explain): b. E After meeting and conferring as required by rule 3.724 ofthe California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): | 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 15, 2021 p 7% <7wWilliam F. Stanger, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) E Additional signatures are attached. CM-‘l 10 [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT ”995°” A flat]! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE CCP §§ 1010.6, 1013, 1013a, 1013b STATE OF CALIFORNIA, COUNTY OF SANTA CLARA CASE NO. 21CV379025 I am employed in the County 0f Santa Clara, State 0f California. I am over the age of 18 and not a party t0 the within action. My business address is 541 W. Capitol Expy #1 57, San Jose, CA 95 137. On the date stated below, I served the foregoing document described as: CASE MANAGEMENT CONFERENCE STATEMENT on the interested parties in this action, as follows: Michael J. Cheng, Esq. (Michael.cheng@berliner.com); cc: liz.catabelle@berliner.com Berliner Cohen, LLP Ten Almaden Blvd. 11th Floor San Jose, CA 951 13-2233 Attorneys for PlaintiffPVC Capital, LLC [X] BY ELECTRONIC SERVICE. The document listed above was served electronically. I am readily familiar With the firm’s practice for filing electronically. Under that practice, the above listed document would be electronically served t0 the email address(es) 0f the above addressee(s), 0n the date listed below, in the ordinary course 0f business following ordinary business practices, including that the above listed document would be electronically transmitted by email as an attachment and/or electronically transmitted through an electronic filing service provider, as permitted under C.C.P. §1010.6(a)(2)(A)(ii) and (c)(l). My email address is bill@williamstanger.com. I declare under penalty 0f perjury under the laws 0f the State of California that the foregoing is true and correct. Executed 0n November 15 2021 at San Jose, California. /s/ WLLLLa/m/ F. Stomgg William F. Stanger POS-l