Statement Case Management Conference

Cal. Super. - 6th Dist.March 23, 2021

21 CV380958 Santa Clara - Civil Weflflfitem A'I'I'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Christopher J. Hersey, #197767 & Gina M. Santoni, #335266 _ _ Ventura Hersey & Muller, LLP EleCtron'cally Flled 1506 Hamilton Avenue by Superior Court of CA, San Jose, CA 95125-4539 County of Santa Clara, TELEPHONE No.2 408.5 1 2.3022 FAX No. (Optional): 408.5 12.3023 on 7/1 9/2021 1:50 PM E-MAIL ADDRESS (Optional): chersey@venturahersey.com; gsantoni@venturahersey.com Reviewed By: System System ATTORNEY F0R(Name): Granite Rock Company case #21 CV380953 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 6875594 STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose 95 1 13 BRANCH NAME: Downtown Superior Court (DTS) PLAINTIFF/PETITIONER: Granite Rock Company DEFENDANT/RESPONDENT: South Bay Construction & 441 Page Mill Realty Partners, LLC CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE E LIMITED CASE _ 21CV380958 (Amount demanded (Amount demanded Is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled aS fOIIOWSZ Date: August 3, 2021 Time: 3:00 p.m. Dept.: 20 Div.: Room: Address of court (if different from the address above): Old Courthouse, 161 North First Street, San Jose 951 13 E Notice of Intent to Appear by Telephone, by (name): Christopher J. Hersey and Gina M. Santoni INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Granite Rock Company 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): March 23, 2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants 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): Parties discussing settlement and amended complaint t0 aV01d demurrer (3) E have had a default entered against them (specify names): c. E 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 ca_se a- Type 0f case In E complaint E cross-complaint (Describe, including causes of action): Complaint by Subcontractor for (1) Breach of Contract, (2) Common Counts, and (3) Foreclosure 0n Mechanics‘ Lien against Property Owner and General Contractor Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT CEB rules 3720-3730 CM-110 [Rev. July 1, 2011] www ceb com www.courts.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: Granite Rock Company 21CV380958 DEFENDANT/RESPONDENT: South Bay Constmction & 441 Page Mill Realty Partners, LLC 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.) Subcontractor Granite Rock Company is owed $74,790 for change order work and final payment. 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. (If more than one pan‘y, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (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 wi|| 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): 3 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties wi|| 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-mail address: g. Party represented: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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: CounselE 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: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is subject to 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) E Plaintiff elects to refer this case tojudicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141 .1 1. (3) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Counor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110[Rev.JuIy 1,2011] CASE MANAGEMENT STATEMENT CEB Page20f5 www.ceb.com CM-110 PLAINTIFF/PETITIONER: Granite Rock Company DEFENDANT/RESPONDENT: South Bay Construction & 441 Page Mill Realty Partners, LLC CASE NUMBER: 2 1CV3 8095 8 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): E(1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement m Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled E Neutral evaluation scheduled for (date): (3) Neutral evaluation 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 Private arbitration not yet scheduled Private arbitration scheduled for (date): arb'tratlon Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-11o [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT CEB Page 3 of 5 www.ceb.com CMflJfl PLAINTIFF/PETITIONER: Granite Rock company CASE NUMBER: - 2 1CV3 8095 8 DEFENDANT/RESPONDENT: South Bay Construction & 441 Page Mill Realty Partners, LLC 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_ E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E A motion to E COHSOlidate 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 (specifi/ moving party, type of motion, and reasons): 15. Other motionsE 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. m The following discovery will be completed by the date specified (describe all anticipated discovery): Pa_r1y Description % Plaintiff Written Discovery Pursuant to Code Plaintiff Depositions Pursuant to Code Plaintiff Expert Discovery Pursuant to Code C_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-“O [ReV-Ju'v 1'20“] CASE MANAGEMENT STATEMENT CEB Pawn” www.ceb.com CM-110 PLAINTIFF/PETITIONER; Granite Rock Company CASE NUMBER:- I _ 2 1CV3 80958 DEFENDANT/RESPONDENT: South Bay Constructlon & 441 Page M111 Realty Partners, LLC 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 wi|| 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.E 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): | 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 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. DatezJul 19,2021 0' , y ’ OHMWK Christopher J. Hersey | Gina M. Santoni (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (rYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATrORNEY)E Additional signatures are attached. CM-“O [REV-Ju'v 11°11] CASE MANAGEMENT STATEMENT CEB Pagesofs www.ceb.com KOOOQQUl-PUJNv-t NNNNNNNNNr-tr-tr-tr-tr-tr-kr-tr-tr-tr-t mumm-waHOKOOOQQUI-bwwr-‘O Proof of Service Re: Granite Rock Company v. South Bay Construction & 441 Page Mill Really Partners, LLC, et al. Santa Clara County Superior Court Case N0. 21CV380958 I, Jill M. Patterson, declare I am now and at all times herein mentioned have been over the age 0f 18 years, a citizen 0f the United States, employed in Santa Clara County, California, and not a party t0 the within action 0r cause; my business address is 1506 Hamilton Avenue, San Jose, California 95 125. I am readily familiar with Ventura Hersey & Muller LLP practice for collection and processing 0f documents for delivery by way 0f the service indicated below. On the date below, I served the following document(s): Case Management Statement, Submitted by Plaintiff Granite Rock Company Hrg: August 3, 2021 at 3:00 p.111. in Dept. 20 0n the interested party(ies) in this action as follows: Graniterock Attorneys for Plaintiff Lisa A. Cole Granite Rock Company KeVin J6ff€ry, Vice President & General Counsel Post Office Box 50001 Tel. 831.768.2000, Fax: 83 1 .768.2201 Watsonville, CA 95077-5001 lcole@graniterock.com; kjeffery@graniterock.com Miller Morton Caillat & Nevis, LLP Attorneys for Defendant Peter V. Dessau South Bay C0nstructi0n/S.B.C.C., Inc. Mark R. Kirkland 2001 Gateway Place, Suite 220W Tel. 408.292.1765 , Fax: 408.436.8272 San Jose, CA 951 10-1038 pdessau@millermort0n.com; mrk@millermorton.com Sarah Zahrani, Assistant smz@millerm0rt0n.com Oles Morrison Rinker & Baker, LLP Attorneys for Defendant Deborah J. Wilson, Of Counsel 441 Page Mill Realty Partners, LLC 492 Ninth Street, Suite 220 Oakland, CA 94607-4055 Tel. 510.903.2001, Fax: 510.903.2015 wilson@oles.com \/ BY ELECTRONIC SERVICE 0n the party(ies) and electronic service addresses above. \/ BY MAIL on the following party(ies) in said action, in accordance With Code 0f Civil Procedure, section 41 5.30, by placing a true copy thereof enclosed in a sealed envelope addressed as shown below. I caused such envelope(s) With postage thereon fully prepaid t0 be placed in the United States mail at San Jose, California. I am readily familiar With the firm's practice 0f collection and processing correspondence for mailing. It is deposited With the U.S. Postal Service 0n the same day in the ordinary course 0f business. I am aware that 0n motion 0f party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under penalty 0f pteury under the laws 0f the State 0f California that the foregoing is true and correct. Executed 0n July 19, 2021, at San Jose, California. M] uh/Pm Jill M. Patterson Proof of Service