Statement Case Management Conference

Cal. Super. - 6th Dist.March 3, 2021

21 CV3791 17 Santa Clara - Civil CM-D1 1:9 , ATTORNEY 0R PARTY WITHOUT ATTORNEY(Name, State Barnumber, and address): FOR COURTUSE ONLY '\' ' ' mmg Krista M. Enns (#206430) BENESCH FRIEDLANDER COPLAN 8: ARONOFF LLP Electronically Filed San Francisco CA 941 11 ' County of Santa Clara, TELEPHONE No.: 628.600.2250 FAX N0.(0ptlonal):628.221 .5828 on 2,1 4/2022 9:49 AM E-MAILADDRESS(OptionaI):kenns@beneschlaw.com R . d B _ R Fl .AmRNEYFOR(~ame,;R&C BROWN ASSOCIATES LIMITED PARTNERSHIP eV'ewe y- - emmg SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara base #21 _CV3791 1 7 STREETADDRESS: 191 North Street EnveloPe' 8280304 MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME; Downtown Superior Court PLAINTIFF/PETITIONER: TRANE U.S. INC. DEFENDANT/RESPONDENT; R&c BROWN ASSOCIATES LIMITED PARTNERSHIP CASE MANAGEMENT STATEMENT Eqsévgsgz 17 (Check one): g UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 15, 2022 Time: 10:00 a.m. Dept: 20 Div.: Room: Address of court (if different from the address above): g Notice of Intent to Appear by Telephone, by (name): Krista M. Enns INSTRUCTIONS: All applicable boxes must be checked. and the specified information must be provided. 1. Party or parties (answer one): a. g This statement is submitted by party (name): Defendant, R&C BROWN ASSOCIATES LIMITED PARTNERSHIP b. D 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): March 3, 2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. X A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of case a. Type of case in g complaint D cross-complaint (Describe, including causes of action): The Complaint includes three causes of action including breach of contract, quantum meruit and action on open account. Plaintiff is seeking payment from Defendant for labor and equipment furnished to Defendant. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT mles 3720-3130 CM-1 10 [Rev. July 1, 201 1] www.courts.ca.gov American LegalNet, Inc. www.FonnsWorkFlow.com ‘ CM-110 _DEFENDANT/RESPONDENT: R&C BROWN ASSOCIATES LTD. PARTNERSHIP I CASE NUMBER:PLAINTIFF/PETITIONER. TRANE U.S. INC. 21CV3791 17 4. b. Provide a brief statement of the case. including any damages. (prersona/ 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.) Plaintiff alleges it is owed $131 ,371 .48 in connection with labor and HVAC eqipment furnished to the Defendant for a project located in San Jose, CA. Defendant disputes the claim of Plantiff. The parties reached a settlement in principle at mediation last week and are working on documenting the settlement. D (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 D a jury trial g a nonjury trial. (If more than one party, provide the name of each parfy requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. E No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (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. E days (specify number): Five days b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties wi|| be represented at trial X by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel X has D 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 D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral tojudicial arbitration or civil action mediation (if available). (1) D This matter is subject t0 mandatoryjudicial 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) D 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 .1 1. (3) D This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110[Rev.JuIy1,2011] CASE MANAGEMENT STATEMENT Page20f5 American LegalNet, Inc. www,FormsWorkFlow.com _ CM-110 PLAINTIFF/PETITIONER: TRANE U.S. INC. D-EFENDANT/RESPONDENT: R&C BROWN ASSOCIATES LTD. PARTNERSHIP CASE NUMBER: 21 CV3791 17 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): 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): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation >14 Agreed to complete mediation by (date): Mediation completed on (date): February 2, 2022 Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference D _Agreed to complete settlement conference by (date) . Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation D Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): . . m arb'trat'on Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration D . . . IAgreed to complete private arbitration by (date). Private arbitration completed on (date): ADR session not yet scheduled (6) Other (Spawn: D ADR session scheduled for (date): DEED DEED DEED DEED DEED ®DDD Agreed to complete ADR session by (date): ADR completed on (date): CM-1 10 [Rev. July 1. 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.coma CM-110 PLAINTIFF/PETITIONER: TRANE U.S. INC. Eqsévgggfi 17 _DEFENDANT/RESPONDENT: R&C BROWN ASSOCIATES LTD. PARTNERSHIP 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 133. b. D A motion to D consolidate D coordinate wi|| be filed by (name party): 14. Bifurcation D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b D The following discovery wi|| be completed by the date specified (describe all anticipated discovery): Pam Description Date N/A - At mediation, the parties resolved the case. c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110[Rev.Ju|y1,2011] CASE MANAGEMENT STATEMENT Page4of5 American LegalNet, Inc. www.FormsWorkl-‘low,00m _ CM-110 - CASE NUMBER: _ PLAINTIFF/PETITIONER.TRANE U.S. INC. 21CV379117 DEFENDANT/RESPONDENT: R&C BROWN ASSOCIATES LTD. PARTNERSHIP 17. Economic litigation a. D 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. D 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 issues X The party or parties request that the following additional matters be considered or determined at the case management conference (specify): At the February 2, 2022 mediation, the parties resolved the case and to the extent the dismissal is not filed before the CMC, it wi|| be filed shortly thereafter. 19. Meet and confer a. g 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 (if any): 0 | am completely familiar with this case and wi|| be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and wi|| 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: February 14, 2022 Krista M. Enns > s/ Krista M. Enns (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110[Rev. July1. 2011] CASE MANAGEMENT STATEMENT Pagefiofs American LegalNet, Inc. www.FonnsWorkFlow.com