Statement Case Management ConferenceCal. Super. - 6th Dist.March 3, 2021ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): WILLIAM L. BAKER (Bar 0 114454) Law Offices of William L. Baker 1050 Fulton Avenue, Suite 218 Sacramento, CA 95825 TFLEPHONE NOc (91 6) 9 /8 0"/"/2 FAX NO. (optional): (91 6) 481 „5080 E.MAIL ADDREss (optional): btii@w]bakerlaw corn ATTORNEY FOR (Name): pleinttff fl(ANE lJS. TNC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTREETADDREss' 91 North First Street MAILING ADDRESS.'lTY AND zIP coDE'an Jose, CA 95 1 13 BRANCH NAME'LAINTIFF/PETITIONER: TRANE U.S. INC, DEFENDANT/REspoNDENT: Rtt(LC BROWN ASSOCIATES LIMITED PARTNERSHI FOR COURT USE ONLY CASE MANAGEMENT STATEMENT (Chectr one): ~X UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 21CV379117 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: July 20, 2021 Time: 3:00pm Dept.: 20 Address of court (if different from the address above): Div.: Room: ~x Notice of Intent to Appear by Telephone, by (name): William L. Baker INSTRUCTIDNS: AII applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): Plaianfifr TRANE U.S. INC. a. ~X This statement is submitted by party (name): b. ~ 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. C3 The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-compiainants only) a. ~X All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and explain why not): (2) ~X have been served but have not appeared and have not been dismissed (specify names): Rk,C BROWN ASSOCIATES LIMITED PARTNERSHIP (3) ~ have had a default entered against them (specify names): c. ~ The following additional parties may be added (specify names, nature ofinvolvementin case, and date by which they may be served): 4. Description of case a Type of case in ~x complaint ~ 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 equipement furnished to Defendant. Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011) Pa e1 of 5 Cal. Rules of Court, rules 3.720-3.730 www.couns.ca.gov Lercis)Vexis Automated Califoornia Judi cia( Council Forms Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/17/2021 12:36 PM Reviewed By: System System Case #21CV379117 Envelope: 6670988 21CV379117 Santa Clara - Civil System System PLAINTIFF/PETITIONER: TRANE U S INC. DEFENDANTIRESPONDENT: R&C BROWN ASSOCIATES LIMITED PARTNERSHI CASE NUMI3ER: 21CV3 79117 4. b. Provide a brief statement of the case, including any damages. (If personal 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. It'quitable reliefis sought, describe the nature of the relief) Plaintiff alleges it. is owed $ 131,371,48 in connection with labor and HVAC equipment furnished to the Defendant for a Caliva project located in San Jose, Ca. Defendant disputes the claim of Plaintiff.. (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 ~X a nonjury trial. (If more than one party, provide the name of each party requesting aj ury trial): 6. Trial date a. ~ The trial has been set for (date): b. ~X 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, ~x days (specify number): FlVE DAYS b. ~ hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ~X by the attorney or party listed in the caption a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) ~ by the following: 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 ~ has ~ 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 ~ has ~ has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) ~ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141,11 or to civil actionmediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) ~ 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) ~ 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. July 1, 2011] Page 2 of 5 LesistvexisO&& Automated Calfjornia Judicia! Council Forms PLAINTIFF/PETITIONER: TRANE U S INC RkC BROWN ASSOCIATES LIMITED PARTNERSHI 21CV3 791 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 a/l 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'AOR stipulation): ~x Mediation session not yet scheduled (1) Mediation Mediation session scheduled for (date): ~x Agreed to complete mediation by (date): August 15, 2021 Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by {date): Neutral evaluation completed on {date): {4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): {5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by {date): Private arbitration completed on {date): (6) Other {specify): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 Lesislveseisi% Azitoznatz d California Judi oi al Counoil Fozzns PLAINTIFF/PETITIONER TRANE U.S. INC. DEFENDANT/RESPONDENT: RkC BROWN AQSQC/ATE/ L1M1TED PARTNERgH)P 1 1. insurance a. ~ Insurance carrier, if any, for party filing this statement (name); b. Reservation of rights; ~ Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (explain): CASE NUMBER: 21CV3 79117 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.~ Bankruptcy ~ Other (specify): Status: 13. Related cases, consolidation, and coordination~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ 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~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~X The following discovery will be completed by the date specified ~Part ~Deecri tion Plaintiff Written Discovery Plaintiff Depositions (describe all anticipated discovery): Date March 15, 2022 June 15, 2022 ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Res. July 1, 2011] Page zf of 5 LcxisivayisO«Azztozncztcd Caiifi&rnia Judicial Council Foryns PLAINTIFF/PETITIONER: TRANE U.S. INC. RXC BROWN ASSOCIATES LIMITED PARTNERSHIP CASE NUMBER: 2 I CV3 79117 17, Economic litigation a. ~ 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. ~ 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 iitigation procedures relating to discovery or triai 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): The parties have agreed to an early mediation in an attempt to resolve this matter prior to Defendant appearing in the action. Defendant has indicated its intent to file a demurrer to the complaint based on the current pleading. To avoid the cost of preparing the demurrer and filing opposition, the parties have agreed to explore settlement through mediation. 19. Meet and confer a. ~X 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): The parties request the court continue the case management conference for 90 days to provide the parties sufficent time to mediate this case. 20. Total number of pages attached (if any): 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. oete: June ~I, 2021 WILLIAM L. BAKER (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached, CM-110 [Rev. Ju(y 1, 2011] Page 5 of 5 Lee oisNexi sG«Art tor noted Calijornia Judicial Council ForTns PROOF OF SERVICE I am a citizen of the United States, over eighteen years of age and not a painty to the within action. My business address is 1050 Fulton Avenue, Suite 218, Sacramento, CA 95825. On June 17, 2021, I served the following: PLAINTIFF'S CASE MANAGEMENT STATEMENT on the parties to said action as stated below: Erista M. Fnns Benesch Friedlander Coplan 4 2 ronoffI.LP One Market StI'eet, Spear Tower 36" Floor San Francisco, Ca. 94'205 10 [X] UNITED STATES MAIL: I caused each such envelope, with postage thereon fully prepaid, to be placed in the United States Mail at Sacramento, California. I am readily familiar with my finIt's practice for the collection and processing of correspondence for mailing with the United States Postal Service and know that each day's correspon- dence is deposited with the United States Postal Service that same day in the ordinary course of business. [X] (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. [ ] (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury that the foregoing is true and correct. 17 Executed on June 17, 2021 at Sacramento, California. 18 19 WILLIAM L. B~R 20 22 28 Proof of Service