Notice Entry of Order

Cal. Super. - 6th Dist.April 29, 2021

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV380908 Santa Clara - Civil Bevin Allen Pike (SBN 221936) Bevin.Pike@capstonelawyers.com Orlando Villalba (SBN 232165) Orlando.Villalba@capstonelawyers.com Daniel Jonathan (SBN 262209) Daniel.Jonathan@capstonelawyers.com Trisha K. Monesi (SBN 3035 12) Trisha.M0nesi@capstonelawyers.com Capstone Law APC 1875 Century Park East, Suite 1000 Los Angeles, California 90067 Telephone: (3 10) 556-4811 Facsimile: (3 10) 943 -0396 Attorneys for Plaintiff Maria Sanchez Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/25/2021 9:10 AM Reviewed By: R. Walker Case #21 CV380908 Envelope: 6722816 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA MARIA SANCHEZ, individually, and on behalf 0f other members 0f the general public similarly situated, Plaintiff, VS. CORTEC PRECISION SHEET METAL, INC., a California corporation; CORTEC PRECISION INTERNATIONAL SALES CORPORATION, a California corporation; and DOES 1 through 10, inclusive, Defendants. Case No.: 2 1CV3 80908 NOTICE OF ORDER DEEMING CASE COMPLEX AND STAYING DISCOVERY AND RESPONSIVE PLEADING DEADLINE Jury Trial Demanded NOTICE OF ORDERDEEMING CASE COMPLEX AND STAYING DISCOVERY AND RESPONSIVE PLEADING DEADLINE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on April 30, 2021, the Court issued an Order deeming this matter to be complex and staying discovery and responsive pleading. A Case Management Conference is currently set for August 25, 2021 at 2:30 p.m., in Department 3. A copy 0f the issued Order is attached hereto as Exhibit A. Dated: June 25, 2021 Respectfully submitted, Capstone Law APC gawk Bevin Allen Pike Orlando Villalba Daniel Jonathan Trisha K. Monesi Attorneys for Plaintiff Maria Sanchez Page 1 NOTICE OF ORDERDEEMING CASE COMPLEX AND STAYING DISCOVERY AND RESPONSIVE PLEADING DEADLINE EXHIBIT “A” SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA 191 N. FIRST STREET SAN JOSE, CA 95113-1090 Electronically Filed by Superior Court of CA, County of Santa Clara, T03 FILE COPY on 4/30/2021 12:05 PM Reviewed By: R. Walker RE: Sanchez v. Cortec Precision Sheet Metal. lnc.. ehgge #21 cv330903 CASE NUMBER: 21CV380908 Envelope: 6353215 ORDER DEEMING CASE COMPLEX AND STAYING DISCOVERY AND RESPONSIVE PLEADING DEADLINE WHEREAS, the Complaint was filed by Plaintiff MARIA SANCHEZ (“Plaintiff”) in the Superior Court of California, County of Santa Clara, on April 29, 2021 and assigned to Department 3 (Complex Civil Litigation), the Honorable Patricia M.Lucas presiding, pending a ruling on the complexity issue; IT IS HEREBY ORDERED that: The Court determines that the above-referenced case is COMPLEX within the meaning of California Rules of Court 3.400. The matter remains assigned, for all purposes, including discovery and trial, to Department 3 (Complex Civil Litigation), the Honorable Patricia M. Lucas presiding. The parties are directed to the Court’s local rules and guidelines regarding electronic filing and to the Complex Civil Guidelines, which are available on the Court’s website. Pursuant to California Rules of Court, Rule 3.254, the creation and maintenance of the Master Service List shall be under the auspices of (1) Plaintiff MARIA SANCHEZ, as the first-named party in the Complaint, and (2) the first-named party in each Cross-Complaint, if any. Pursuant to Government Code section 70616(c), each party’s complex case fee is due within ten (10) calendar days of this date. Plaintiff shall serve a copy of this Order on all parties forthwith and file a proof of service within seven (7) days of service. Any party objecting to the complex designation must file an objection and proof of service within ten (10) days of service of this Order. Any response to the objection must be filed within seven (7) days of service of the objection. The Court will make its ruling on the submitted pleadings. The Case Management Conference remains set for Must 25. m1 at 2:30 p.m. in Degartment 3 and all counsel are ordered to attend by CourtCall. Counsel for all parties are ordered to meet and confer in person at least 15 days prior to the First Case Management Conference and discuss the following issues: 1. Issues related to recusal or disqualification; 2. Issues of law that, if considered by the Court, may simplify or further resolution of the case, including issues regarding choice of law; 3. Appropriate alternative dispute resolution (ADR), for example, mediation, mandatory settlement conference, arbitration, mini-trial; 4. A plan for preservation of evidence and a uniform system for identification of documents throughout the course of this litigation; 5. A plan for document disclosure/production and additional discovery; which will generally be conducted under court supervision and by court order; Updated on 3/1 1/21. 6. Whether it is advisable to address discovery in phases so that information needed to conduct meaningful ADR is obtained early in the case (counsel should consider whether they wi|| stipulated to limited merits discovery in advance of certification proceedings), allowing the option to complete discovery if ADR efforts are unsuccessful; 7. Any issues involving the protection of evidence and confidentiality; 8. The handling of any potential publicity issues; Counsel for Plaintiff is to take the lead in preparing a Joint Case Management Conference Statement to be filed 5 calendar days prior to the First Case Management Conference, and include the following: 1. a brief objective summary of the case; a summary of any orders from prior case management conferences and the progress of the parties’ compliance with said orders; significant procedural and practical problems that may likely be encountered; suggestions for efficient management, including a proposed timeline of key events; and any other special consideration to assist the court in determining an effective case management plan. .019.“ To the extent the parties are unable to agree on the matters to be addressed in the Joint Case Management Conference Statement, the positions of each party or of various parties should be set forth separately and attached to this report as addenda. The parties are encouraged to propose, either jointly or separately, any approaches to case management they believe will promote the fair and efficient handling of this case. The Court is particularly interested in identifying potentially dispositive or significant threshold issues the early resolution of which may assist in moving the case toward effective ADR and/or a final disposition. STAY ON DISCOVERY AND RESPONSIVE PLEADING DEADLINE Pending further order of this Court, the service of discovery and the obligation to respond to any outstanding discovery is stayed. However, Defendant(s) shall file a Notice of Appearance for purposes of identification of counsel and preparation of a service list. The filing of such a Notice of Appearance shall be without prejudice to the later filing of a motion to quash to contest jurisdiction. Parties shall not file or serve responsive pleadings, including answers to the complaint, motions to strike, demurrers, motions for change of venue and cross-complaints until a date is set at the First Case Management Conference for such filings and hearings. This Order is issued to assist the Court and the parties in the management of this “Complex” case through the development of an orderly schedule for briefing and hearings. This Order shall not preclude the parties from continuing to informally exchange documents that may assist in their initial evaluation of the issues presented in this Case. Plaintiff shall serve a copy of this Order on all the parties in this matter forthwith. SO ORDERED. Date: April 29, 2021 PO}?MOM Wchg Hon. Patricia M. Lucas Judge of the Superior Court If you, a party represented by you, or a witness to be called on behalf of that party need an accommodation under the American with Disabilities Act, please contact the Court Administrator’s office at (408) 882-2700, or use the Court’s TDD line, (408) 882-2690 or the Voice/TDD California Relay Service, (800) 735-2922. Updated on 3/1 1/21. L \OWNQU‘I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I am employed in the State 0f California, County 0fLos Angeles. I am over the age of 18 and not a party to the Within suit; my business address is 1875 Century Park East, Suite 1000 Los Angeles, California 90067. On June 25, 2021, I served the document described as: NOTICE OF ORDER DEEMING CASE COMPLEX AND STAYING DISCOVERY AND RESPONSIVE PLEADING DEADLINE 0n the interested parties in this action by sending [ ] the original [or] [V] a true copy thereof [/] to interested parties as follows [or] [ ] as stated on the attached service list: foregoing is true and correct. Mai Nguyen Registered Agentfor 2231 Will Wool Drive CORTEC PRECISION SHEET METAL, San Jose CA 951 12 INC. Anthony John Corrales Registered Agentfor 43 15 Bella Madeira Lane CORTEC PRECISION INTERNATIONAL San Jose CA 95 127 SALES CORPORATION [ ] BY MAIL (ENCLOSED IN A SEALED ENVELOPE): I deposited the envelope(s for mailing in the ordinary course ofbusiness at Los Angeles, California. I am “readin familiar” with this firm’s practice 0f collection and processing correspondence for mailing. Under that practice, sealed envelopes are deposited with the U.S. Postal Service that same day in the ordinary course of business with postage thereon fully prepaid at Los Angeles, California. [ ] BY E-MAIL: I hereby certify that this document was served from Los Angeles California, by e-mail delivery 0n the parties listed herein at their most recent known e- mail address 0r e-mail 0f record in this action. [ ] BY FAX: I hereby certify that this document was served from Los Angeles, California by facsimile delivery on the parties listed herein at their most recent fax number of record in this action. [X] BY PERSONAL SERVICE: I delivered the document, enclosed in a sealed envelope by hand to the counsel for Defendant. [ ] BY OVERNIGHT DELIVERY: I am “readily familiar” with this firm’s practice of collection and processing correspondence for overnight delivery. Under that practice overnight packages are enclosed in a sealed envelope With a packing slip attached thereto fully prepaid. The packages are picked up by the carrier at our offices 01 delivered by our office t0 a designated collection site. I declare under penalty of perjury under the laws of the State of California that the Executed on June 25, 2021, at Los Angeles, California. Xochitl Tapia MA ,7 Type/Print Name Signature Page 2 NOTICE OF ORDERDEEMING CASE COMPLEX AND STAYING DISCOVERY AND RESPONSIVE PLEADING DEADLINE