Statement Case Management Conference

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

21 CV381036 Santa Clara - Civil R. Fleming CM-1 1 O ATTORNEY 0R PARTY WITHOUT ATTORNEY (Name, srare Barnumber, and address) EIectronqm Mew John Chapman/J. Spencer Edgett/John Baumgardner (SBN 13472 l/2l922l/2756744b S "Zr rt f CAChapman & lntrieri LLP y ”perior ou o 2236 Mariner Square Drive, Suite 300 county Of santa Clara, Alameda, CA 94501 0n 12/6/2021 12:00 AM TELEPHONENO.;(510) 364-3600 FAxNo,(omona/)z (510) 864-3601 Reviewed By: R. Fleming E-MAIL ADDRESS (Optional); Case #21 CV381 036 ATTORNEYFORmame): Vietnam Town Condominium Owners Association, Envelope: 7793479 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: CITY AND ZIP CODE: San JOSC 951 l3 BRANCH NAME: PLAINTIFF/PETITIONER: Vietnam Town Condominium Owners DEFENDANT/RESPONDENTzTWN Investment Group, LLC, a California CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): E UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 2 l cv38 1 036 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 7, 2021 Time; 10200 AM Dept: 7 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Spencer Edgett and/OI‘ JOhh Baumgardner INSTRUCTIONS: AII applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): This statement is submitted by party (name): Vietnam Town Condominium Owners Association b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp/ainants only) a. The complaint was filed on (date): March 23, 202] b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants only)E 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): TWN Investment Group, LLC. Unable to served at last known address. (2) have been served but have not appeared and have not been dismissed (specify names): Reeve Knight Construction and Plaintiff are meeting and conferring pursuant t0 CCP Section 430.41 regarding 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 case a- Type 0f case in - complaint E cross-complaint (Describe, including causes ofaction): Construction defect matter including causes ofaction for negligence, strict liablity, breach ofexpress warranty, breach of implied warranty, breach of contract, breach 0f contract- third part beneficiary, negligence per se, strict liablity- products liablity, negligence (design professionals), negligent misrepresentation, fraud non-disclosure, private nuisance Paao1 of 5 Form Adopted for Mandatory Use Cal. Rules o! Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 1720-1730 CM-1 10 (Rev. July 1, 201 1] www‘counslcagov LexisNexis® A ulomaled California Judicial Council Forms CM-1 10 PLA'NT'FF/PET'T'ONER3 Vietnam Town Condominium Owners DEFENDANT/RESPONDENT: TWN Investment Group, LLC.Ct al. CASE NUMBER: 21CV381036 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 a/I 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): Mediation session not yet scheduled Mediation session scheduled for (date): . . (1) Mediation - Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement E Settlement conference scheduled for (date): conference 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 Private arbitration not yet scheduled Private arbitration scheduled for (date): DUDE DDDD DUDE DUDE] DUDE DUDE arbitration 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): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rem July 1. 2011] Pug. 3 of 5CASE MANAGEMENT STATEMENT LexisNexis® A utomaled California Judicial Council Farms CM-110 PLAINTIFF/PETITIONER: Vietnam Town Condominium Owners CASE "UMBER‘ DEFENDANT/RESPONDENT: TWN Investment Group, LLC, e: a1. 21CV381036 4. b. Provide a brief statement of the case, including any damages. (prersona/ injury damages are sought, specify the injuty 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.) This is a construction defect action filed by Plaintiff Vietnam Town Condominium Owners Association seeking damages for deficiencies in the original design, planning, repair, and/or construction of Phase l of the Vietnam Town Project by Defendants. 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 party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been set for (date): b. 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. days (specify number): 30 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will 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:D 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: Counsel 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 sub'ect to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under ode 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 to judicial arbitration and agrees to limit recovery to the amount Specified in Code of Civil Procedure section 1141 .1 1. (3) D This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-"NRW- Ju'v 11°"! CASE MANAGEMENT STATEMENT mm") LexisNexis® A utomaled California Judicial Council Farms CM:11fl PLAINTIFF/PETITIONER: Vietnam Town Condominium Owners Association, CASE “UMBER: DEFENDANTIRESPONDENT: TWN Investment Group, LLC, et a1. 21CV381036 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes E No c. E Coverage issues will significantly affect resolution ofthis 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_ D 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 consolidate 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 (specify 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): Motions in limine 16. Discovery a. D The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovely):m Descripti_or1 @q Plaintiff Written Discovery Feb-March 2022 Plaintiff Depositions May-June 2022 Plaintiff Expert Deposition per code c_ D The following discovery issues. including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Pago4of5 LexisNexis® A ulomaled California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: Vietnam Town Condominium Owners Association, CASE ”UMBER: DEFENDANT/RESPONDENT: TWN Investment Group, LLC, et al. 21CV38'O36 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): Plaintiff is requesting that this Case Management Conference be continued 90 days to allow the parties to meet and confer regarding a Demurrer, Stipulation to Special Master and add DOE Defendants. 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 ofthe California Rules of Court (ifnot, 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 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. Date: December 5, 2021 John Baumgardner ’QV/(TYPE OR PRINT NAME) U (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARTY OR ATTORNEY)E Additional signatures are attached.(TYPE OR PRINT NAME) CM-1 10 [Rem July ‘1, 201 1] CASE MANAGEMENT STATEMENT Fag“ 5 °‘5 LexisNexis® A ulomalezl California Judicial Council Forms