Notice Entry of OrderCal. Super. - 6th Dist.March 23, 2021Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/22/2022 10:52 AM Reviewed By: R. Fleming Case #21CV381036 Envelope: 8337738 21CV381036 Santa Clara - Civil R. FlemingCIV-1 30 FOR COURT USE ONLY ATl'ORNEY OR PARTY WITHOUT ATTORNEY (Name State Bar number, and address John Chapman/J. Spencer Edgett/John Baumgardner (SBN 134721/219221/2756744) _Chapman & Intrieri, LLP 2236 Mariner Square Drive, Suite 300 Alameda, CA 94501 TELEPHONE No.: (5 1 0) 864-3600 FAX No. (Optional): (5 1 0) 864-3601 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Vietnam Town Condominium Owners Association, SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose 951 13 BRANCH NAME; PLAINTIFF/PETITIONER: Vietnam Town Condominium Owners DEFENDANT/RESPONDENT; TWN Investment Group, LLC, a California NOTICE OF ENTRY OF JUDGMENT OR ORDER UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded was exceeded $25,000) $25,000 or |ess) (Check one): CASE NUMBER: 21CV381036 TO ALL PARTIES : 1 Ajudgment decree, or orderwas entered in this action on (date): February 16, 2022 2. A copy of the judgment, decree, or order is attached to this notice. Date; February 22,2022 0%. ’ x_f/fiJohn Baumgardner (TYPE OR PRINT NAME OF I X I ATTORNEY I I PARTY WITHOUT ATTORNEY) (S?KTURE) Page 1 of 2 www.courfinfocagov Form Approved for Optional Use ' NOTICE OF ENTRY OF JUDGMENT 0R ORDERJudicial Council of California ClV-130 [New January 1, 2010] LexisNexis® Automated California Judicial Council Forms 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MELISSA BLAIR ALIOTTI, ESQ. (SBN 132521) IUDICATE WEST 980 9th Street, Suite 2200 Sacramento, CA 958 14-2742 Tel : (916) 394-8490 Fax : (916) 394-8495 Email : maliotti@judicatewest.com SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA - UNLIMITED JURISDICTION VIETNAM TOWN CONDOMINIUM Case No. 21CV381036 OWNERS ASSOCIATION, a California Corporation, STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER Plaintiffs, VS. TWN INVESTMENT GROUP, LLC, a California limited liability company, REEVE- KNIGHT CONSTRUCTION, INC, a Califomia corporation, and DOES 1 through 300, Defendants. Complaint Filed: 3/23/2021 The parties to this action, VIETNAM TOWN CONDOMINIUM OWNERS ASSOCIATION and REEVE-KNIGHT CONSTRUCTION, INC. by and through their attorneys 0f record, hereby stipulate that Melissa Blair Aliotti, Esq. (SBN 132521) 0f the office 0f Judicate West, 980 9th Street, Suite 2200, Sacramento, CA (916) 394-8490 shall be appointed as Special Master in this matter by agreement pursuant to Code 0f Civil Procedure Section 638 and 187. The parties further stipulate that this case is complex pursuant t0 California Rules of Court, Rule 3.400 et seq. and Standard 3.10, of the Judicial Administration Standards, in that it involves a large number 0f parties and claims, and the trial 0f the action, if it occurs, is likely to be prolonged. The panics further stipulate that parties that have not yet appeared in the litigation may execute an addendum t0 this Stipulation so that parties already having executed this Stipulation need not Vietnam Town Condo 0A v. Twn Investment Group, LLC, Santa Clara County Superior Court Case N0. 21CV381036 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER - 1 - Filed February 17, 2022 County of Santa Clara Superior Court of CA Clerk of the Court 21CV381036 By: fmiller .p NONUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 re-execute the Stipulation. The duties and powers of the Special Master shall, be set forth herein. 1. The Special Master shall coordinate all discovery and all law and motion matters related to discovery. The Special Master may, among other things, hear and make non-binding recommendations upon discovery matters, including but not limited t0 those that stay discovery, order production of documents to a depository, order disclosure 0f percipient and/or expert Witnesses, form a discovery committee to recommend and schedule depositions, control written discovery in her discretion, order site inspections and destructive testing, and issue such other written recommendations on non-law and motion issues as deemed appropriate to orderly case management. 2. The Special Master shall order site inspections and attendance by parties and their consultants and experts; require counsel to provide statements pertaining to legal and factual issues; refer special problems affecting settlement which require the assistance of the Court t0 the supervising judge. 3. The Special Master may supervise, plan, coordinate and make recommendations concerning procedural issues, including, but not limited t0 (a) the consolidation of related actions, (b) time limitations and ground rules for filing and service 0f complaints, cross-complaints and responsive pleadings, (c) assigning of the matter a trial date, and (d) the timing, briefing and scheduling of motions for summary judgment, for the efficient management of the case. 4. The Special Master may appoint a lead defense representative who shall be responsible for coordinating matters among the defense attorneys as they appear in the action. This coordination may include organizing and issuing joint defense responses, organizing requests for joint inspections and testing, 0r such other matters as the Special Master deems appropriate. 5. The Special Master shall periodically repon the status of the matter to the supervising judge, together with such recommended orders relating to non-law and motion discovery issues and case management as well as other recommendations as may assist the court. Recommended orders provided t0 the court shall be sewed by the Special Master by fax, mail, e-mail or personal delivery upon all parties that remain in the litigation. Consistent with the foregoing, any recommended order provided to the court shall be served but not immediately filed with the court. Within the time set by stipulation of Vietnam Town Condo 0A v. Twn Investment Group, LLC, Santa Clara County Superior Court Case No. 21CV381036 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER -2- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the parties, 0r by the Special Master, but not less than that required by law, any party that opposes the recommendation shall file a statement of opposition together With points and authorities in support thereof With the Court, with a courtesy copy t0 the chambers 0f the assigned judge and serve such a statement of opposition and points and authorities 0n the Special Master and all counsel of record. Failure t0 file a statement of opposition shall be deemed to be acquiescence in the recommended order. Absent opposition within the time constraints imposed the recommended order shall be forwarded to the court as a stipulated order. The Court shall review any objections to the written recommendation and any responses submitted to those objections and shall thereafter enter appropriate orders. Nothing herein is intended t0 deprive the Court 0f its power to change the tenns 0f the Referee's appointment or t0 modify 01‘ disregard the Referee’s written recommendations, and this overriding power may be exercised at any time, either 0n the motion of any party for good cause shown or on the Court's own motion. 6. Dispositive or substantive law and motion matters, such as demurrers, motions t0 strike, motions for summary judgment, discovery motions, and hearings 0n the issue of good faith settlement pursuant t0 Section 877.6 of the Code 0f Civil Procedure as well as motions brought pursuant t0 CCP Section 664.6 shall not be heard by the Special Master and shall make no recommendations to the Court 0n such matters. 7. The Special Master may recommend sanctions for the failure 0f any person, party, counsel or representative of a party to cooperate with the Special Master, 0r as appropriate under provisions 0f any applicable statute 0r rule 0f court. 8. The fees of Melissa Blair Aliotti, Esq., Special Master shall be billed at $590.00 per hour plus costs. The fees and costs will be apportioned equitably among the parties based on a number of factors including but not limited to, the nature of services provided, the parties benefiting from those services and the number of the parties in the case at the time services are provided. The Special Master's fees and costs shall be subject t0 review by the Court upon request of any party 0r the Special Master. The Court shall retain jurisdiction after dismissal of the action to hear any motion related to apportionment 01‘ nonpayment of the fees and costs 0f the Special Master. Any party who appears in the case after this Stipulation is filed and any party who settled out of the case before it is completely Vietnam Town Condo 0A v. Twn Investment Group, LLC, Santa Clara County Superior Court Case No. 21CV381036 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER -3- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 resolved shall notify the Special Master in writing of those dates. Each pafiy will be responsible for its share 0f the Special Master's fees and costs during its involvement in the case. 9. This Stipulation may be signed in counterpart and facsimile copies of signatures can be attached t0 this Stipulation and have the same force and effect as though original signatures were attached hereto. IT IS FURTHER AGREED by and between each of the parties t0 this stipulation that all communications related to settlement by and between counsel and parties to this action shall be confidential; and any document prepared for the purpose 0f, or in the course of, or pursuant to, the settlement process are deemed confidential communications, and shall not be admissible in evidence or subject to discovery, and disclosure of such evidence shall not be compelled in this, or any other proceeding; provided however that said confidentiality is waived for the purposes 0f any motion t0 enter judgment pursuant to the terms of a settlement under Code 0f Civil Procedure Section 664.6 0r Section 664.7. Nothing herein contained shall be deemed t0 constitute a court order for the sealing of any materials filed With the Court or Special Master absent a hearing and the findings required by California Rule 0f Court 2.550. By signing the consent t0 serve, the Special Master represents that she has not had any significant personal relationship with a party, attorney 0r law firm in the instant case but that she may have had a professional relationship with one of the parties, attorneys 0r law firms, including within the past 24 months, acted as Special Master, mediator, arbitrator 0r other neutral dispute resolution provider in similar matters involving some of the attorneys, parties, insurance companies and/or experts involved in this action, and has been compensated therefore, and that she is aware of n0 matter that requires disclosure under subdivisions (D)(3)(a)(iii) and D(S)(a) of Canon 6 of the Code of Judicial Ethics. The stipulating parties hereby waive any further or more detailed disclosure requirements under California Rules of Court, Rules 3850-3860 and 3.904(b)(2) which provides in pertinent parts for disclosure as follows: "Any significant personal 0r professional relationship the referee has or has had with a party, attorney, 0r law firm in the current case, including the number and nature 0f any proceedings in the past 24 months in which the referee has been privately compensated by a party, attorney, law firm 0r insurance company in the Vietnam Town Condo 0A v. Twn Investment Group, LLC, Santa Clara County Superior Court Case No. 21CV381036 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER -4- \OOOQQUI-RUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 current case for any services. The disclosure must include privately compensated services as to attorney, expert witness, or consultant or as a judge, referee, arbitrator, mediator, settlement facilitator, or other alternative dispute resolution neutra .." 1T IS SO STIPULATED: Batemgfiaggg ZXQZZ, C By: ERI, ESQ. J. SPENCER EDGETT \JOHN F. BAUMGARDNER Attorneys for Plaintiff VIETNAM TOWN CONDOMINIUM OWNERS ASSOC. N & INTRIERI, LLP Dated: fivu '25. 30w .COLLINSWORT SPE , CALKINS & AMPAOLI, LLP By: 4 MATTHEW D. GIAMifA Attorneys for Defendant REEVE-KNIGHT CONSTRUCTION, INC. I, HEREBY CONSENT TO THE ABOVE REFERENCE. I certify that I am aware of and will comply with the applicable provisions of Canon 6 of the Code of Judicial Ethics and Rules of Court, Rule 3.924. Dated: By: MELISSA BLAIR ALIOTTI, Special Master IT IS SO ORDERED: Dated: JUDGE OF THE SUPERIOR COURT Vietnam Town Condo 0A v. Twn Investment Group, LLC, Santa Clara County Superior Conn Case No. 21CV381036 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER -5- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 current case for any services. The disclosure must include privately compensated services as t0 attorney, expefi witness, 01' consultant 0r as a judge, referee, arbitrator, mediator, settlement facilitator, 0r other alternative dispute resolution neutral..” IT IS SO STIPULATED: Dated: CHAPMAN & INTRIERI, LLP By: MARK G. INTRIERI, ESQ. J. SPENCER EDGETT JOHN F. BAUMGARDNER Attorneys for Plaintiff VIETNAM TOWN CONDOMINIUM OWNERS ASSOC. Dated: COLLINSWORTH, SPECHT, CALKINS & GIAMPAOLI, LLP By: MATTHEW D. GIAMPAOLI Attorneys for Defendant REEVE-KNIGHT CONSTRUCTION, INC. I, HEREBY CONSENT TO THE ABOVE REFERENCE. I certify that I am aware 0f and will comply with the applicable provisions 0f Canon 6 of the Code 0f Judicial Ethics and Rules 0f Court, Rule 3.924. Dated: 1/25/2022 By: MELISSA BLAIR ALIOTTI, Special Master IT IS SO ORDERED: Dated: IUDGE OF THE SUPERIOR COURT Vietnam Town Condo 0A v. Twn Investment Group, LLC, Santa Clara County Superior Court Case No. 21CV381036 STIPULATION AND ORDER OF REFERENCE TO SPECIAL MASTER -5- February 16, 2022 Christopher G. Rudy Signed: 2/16/2022 10:32 AM Anomeys a1 Law 2236 Mariner Square Drive, Suite 300 CHAPMAN & INTRIERI, L LP Alameda, CA 9450] Telephone: (SIO) 864-3600 Facsimile: (510) 864-3601 OO\]O\ \O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Vietnam Town Condominium Owners Association v. TPWV Investment Group, LLC, et al. Santa Clara County Superior Court Case N0. 21CV381036 Our File # 210.19CD Proof 0f Service I am employed in the County of Alameda, State of California. I am over the age of 18 years and not a party to the within action. I am employed by Chapman & Intrieri, L.L.P., and my business address is 2236 Mariner Square Drive, Third Floor, Suite 300, Alameda, California 94501-1090. On February 22, 2022, I served the Within: NOTICE OF ENTRY OF ORDER (Re Order of Reference t0 Special Master) on the parties in this action, by transmitting a true copy of the foregoing document(s) in the following manner: XX (BY ELECTRONIC MAIL SERVICE) I caused to be delivered by electronic mail service this date of the above documents, for which our office will maintain the email sent receipt, t0 the following: Matt D. Giampaoli, Esq. Tel: (925) 400-9575 Robert L. Davis, Esq. Fax: (925) 400-9576 Collingsworth, Specht, Calkins & Email: mgiampaoli@cslawoffices.c0m Giampaoli, LLP rdavis@cslawoffices.com 7041 K011 Center Pkwy., Ste. 120 scan0@cslawoffices.com Pleasanton, CA 94566 Attorneys for: Reeve-Knight Construction, Inc. I declare under penalty 0f perjury that the foregoing is true and correct. Executed 0n February 22, 2022, at Alameda, California.
