Statement Case Management Conference

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

21 CV380973 Santa Clara - Civil CM-110 ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, Stare Barnumber. and addressj- FOR COURT use ONLY SyStem Sys em Kenneth J. Freed [SEN 125349]CASE Law Offices of Kenneth J. Freed - - 14226 Ventura Blvd. ElectronIFally FIled Sherman Oaks, CA 91423 by SUperlor court Of CA’ TELEPHONE N0.: (8 l 8) 9 9 0 - 0 8 8 8 FAX No.(0puonar): (8 l 8) 9 9 0 - l O 4 7 county Of santa Clara’ E-MAIL ADDRESS (Optional): kfreed@ kj fesq . (30m on 7/1 3/2021 1'30 PM ATTORNEY FOR(Name): CREDITORS ADJUSTMENT BUREAU, INC . RGViewed By: SYStem SYStem SUPERIOR COURT 0F CALIFORNIA. COUNTY 0F SANTA CLARA case #21 CV380973 STREETADDRESS: 19]. N . FIRST STREET Envelope: 6836340 MAILING ADDRESS: SAME AS ABOVE CITYAND ZIP CODE; SAN JOSE CA 95113 BRANCH NAME: SAN JOSE COURTHOUSE PLAINTIFFIPETITIONERI CREDITORS ADJUSTMENT BUREAU, INC . DEFENDANTIRESPONDENT: BOLT CONSTRUCTION, A CORPORATION; BOLT CONSTRUCTION LLC FDBA BOLT CONSTRUCTION, A CORPORATION CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE D LIMITED CASE 2 1CV3 8 O 9 7 3 (Amount demanded (Amount demanded is $25,000 exceeds $25.000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 8 / 3 /2 O2 1 Time: 1 : 3 0 PM Dept: 2 Div; Room: Address of court (if different from the address above): D Notice of Intent to Appear by Telephone, by (name): 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): Plaintiff CREDITORS ADJUSTMENT BUREAU , INC. b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint {to be answered by plaintiffs and cross-complafnants only) a. The complaint was filed on (date): O 3 / 2 3 / 2 0 2 l b. D The cross-complaint, if any. was filed on (date): 8. Service (to be answered by plaintiffs and cross-compfainants onfy) a. w All parties named in the complaint and cross-complaint have been served. have appeared. 0r have been dismissed. b. D The following parties named in the complaint 0r cross-complaint (1) D have not been served (specify names and exprain 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 of involvement in case, and the date by which they may be served): 4. Description of case a. Type 0f case in E complaint D cross-complaint (Describe, inciudfng causes of action): Breach of Contract Page 1 of 5_ Form Adopted for Mandatory Use TA EMENT Ca}. Rules of Court. Judicial CounciIoICaIiromia CEB’ Essential CASE MANAGEMENT S T rures 3720-3730 CM-1 ‘10 [Rev July 1‘ 201 1] cab com @Foms-v www.cowrsca gov. g - 6060694 CM-110 PLAINTIFF/PETITIONERICREDITORS ADJUSTMENT BUREAU, INC. CASENUMBER; 2 1 CV3 8 O 9 7 3 DEFENDANTIRESPONDENT: BOLT CONSTRUCTION, A CORPORATION; BOLT CONSTRUCTION LLC FDBA BOLT CONSTRUCTION, A CORPORATION 4. b. Provide a brief statement of the case, including any damages. {ifpersonai 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 reh'effs sought, describe the nature of the relief.) Plaintiff is a collection agency who assigned this matter by STATE COMPENSATION INSURANCE: FUND. Plaintiff‘s Assignor and Defendants entered into a written agreement wherein Plaintiff‘s Assignor agreed to pay premiums in accordance with the terms and conditions of said policies. Plaintiff prays for the sum of $49,260.60 plus interest, costs and attorney fees.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 E a nonjury trial. (ifmore than one party, provide the name ofeach party requesting a jury trier): 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 0fthe date ofthe filing of the complaint (if not, explain): If Trial is set please set after July 2022 since attorneys calendar is full. c. Dates on which parties 0r attorneys will not be available for trial (specify dates and explain reasons for unavaflabffiry): 7. Estimated length of trial The party or patties estimate that the trial will take (check one): a. E days (specify number): 2 -4 Days b. D hours (short causes) (specify): 8. Trial representation (to be answered for each parfy) The party or parties will be represented at trial Q 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. PreferenceD 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 E 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 seIf-represented parties: Party C] has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject l0 mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D Plaintiff elects lo refer this case to judicial arbitration and agrees t0 limit recovery to the amount specified in Code of Civil Procedure section 1141 .1 ‘I. (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): 0M4“) [RBV- JU'Y 1- 2011] CASE MANAGEMENT STATEMENT Page 2 0f 5 CEB‘ Essential cebmm Em' 6060694 CM~110 PLAINTIFFIPETITIONERICREDITORS ADJUSTMENT BUREAU, INC. CASENUMBER: DEFENDANT/RESPONDENT: BOLT CONSTRUCTION, A CORPORATION,- BOLT CONSTRUCTION LLC FDBA BOLT CONSTRUCTION, A CORPORATION 21CV380973 10. c. Indicate the ADR process or processes that the party 0r parties are willing to participate in, have agreed to participate in, or have already participated in (check aH that apply and provide the specified information): The party or paflies completing this form are willing t0 participate in the following ADR processes (check aH that apply): If the party 0r 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 pafiies‘ADR stipulation): (1) Mediation D Mediation session not yet scheduled D Mediation session scheduled for (date): D Agreed t0 complete mediation by (date): D Mediation completed on (date): (2) Settlement D Settlement conference not yet scheduled D Settlement conference scheduled for (date):Dconference D Agreed to complete settlement conference by (date): D Settlement conference completed 0n (date): D Neutral evaluation not yet scheduled (3) Neutral evaluation a D Neutral evaluation scheduled for (dare):D Agreed to complete neutrai evaluation by (date): D Neutral evaluation completed 0n (date): (4) Nonbinding judicial arbitration D Judicial arbitration not yet scheduled D Judicial arbitration scheduled for (date): D Agreed to comp1ele judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (dare).- arbltrauon D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (dare): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-1 10 [Rem July 1, 201 1} "'- " EssentialLLB m . cebmm 3.521% CASE MANAGEMENT STATEMENT page m5 6060694 CM-110 PLAINTIFFIPETITIONER:CREDITORS ADJUSTMENT BUREAU, INC. CASENUMBER; 21CV380973 DEFENDANTIRESPONDENT: BOLT CONSTRUCTION, A CORPORATION; BOLT CONSTRUCTION LLC FDBA BOLT CONSTRUCTION, A CORPORATION 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 (expfain): 12. Jurisdiction Indicate any matters that may affect the coufl'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 ofcase: (2) Name of court: (3) Case number: (4) Status:D Additional cases are described in Attachment 13a. b. a Amotion to D consolidate D coordinate will befiled by (name parfy): 14. BifurcationD The party 0r parties intend to file a motion for an order bifurcating, severing. or coordinating the following issues or causes of action (specify moving party, type 0f motion, and reasons): 15. Other motionsD 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 will be completed by the date specified (describe aH anticipated discovery): Party: Descrigtion Um ._*m c. D The following discovery issues. including issues regarding the discovery 0f electronically stored information, are anticipated (specify): cm-nomev. July 1. 20m CASE MANAGEMENT STATEMENT Pagimrs |- ':' Essentialgkfifim 6060694 CM-11D PLAINTIFF/PETITIONER:CREDITORS ADJUSTMENT BUREAU, INC. cAsENUMBER: 21CV380973 DEFENDANT/RESPONDENT: BOLT CONSTRUCTION, A CORPORATION; BOLT CONSTRUCTION LLc FDBA BOLT CONSTRUCTION, A CORPORATION 1?. 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 civif case and a motion to withdraw the case from the economic litigation procedures or for additionai discovery wilt be filed (if checked, explain specificafly why economic litigation procedures relating to discovery or trial should not apply (o this case): 18. Other issuesm The pany or parties request that the following additional matters be considered or determined at the case management conference (specify): Plaintiff will be submitting Default Judgment Package shortly after supporting documents are received. 19. Meet and confer a. D The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Coun (if not, explain): b. After meeting and conferring as required by rule 3.724 ofthe California RuEes 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 st'p lations on these issues at the time of the case management conference. including the written authority of the pany’wherereyfl. WK KENNETH J. FREED Dma 7/7/2021 I (TYPE OR PRINT NAME) flGNATURE 0F PARTY OR ATTORNE ) : (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTv 0R ATTORNEY) D Additional signatures are attached. CMHMMMMHJWH CASEMANAGEMENTSTATEMENT Pwums ' Essential “m” ”5- 6060694 .5 “OLA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, Patricia Tobar, hereby stale and declare as follows: l. 1am employed in the county ofLos Angeles, State OfCalifornia. l am over the age 0f 18-years, and n01 a party lo the within action. My business address is 14226 Ventura Boulevard, Sherman Oaks, California 91423. 2. On July r] , 2021, I served the document(s) described as: CASE MANAGEMENT STATEMENT 0n the interested parties t0 this action by placing the true c0py(ics) thereofencloscd in sealed envelopes addressed as follows: Brion Berkley, Attorney At Law Brion Berkley, Esq. 72 Rancho Road Watsonville, CA. 95076 (Attorneyfor Defendants ) [X] (By Mail): 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 with postage fully prepaid on that same day in the ordinary course 0f business. I am aware that 0n motion of party served, service is resumed invalid ifpostal cancellation date or postage meter date is more than 1-day after ate 0f deposit for mailing affidavit. [ ] (Via e-mail): [ ] (By Overnight Delivery): l am ”readily familiar" with the firm's practice Ofcollection and processing correspondence for overnight delivery by an express service carrier. It is deposited with a facility regularly maintained by an express servwe carrier 0n that same day in the ordinary course 0f business, in an envelope 0r package designated by the express service carrier with delivery fees paid. [X] (State): I declare under penalty ofperjury under the laws 0fthe State of California that the foregoing is true and correct. [ ] (Federal): l declare under penalty 0f perjury under the laws 0f the United States 0f America that the foregoing is true and correct. Executed on July q , 2021, at Sherman aks, California. fl lytriéia Tobar