Statement Case Management Conference

Cal. Super. - 6th Dist.March 24, 2021

21 CV381 078 Santa Clara - Civil §M-1 Lo ATrORNEY 0R PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY "y“U" ' ° °tem ERNIE ZACHARY PARK State Bar #82616 BEWLEY LASSLEBEN & MILLER, LLP Electronically Filed Whlttler’ CA 90602 (562) 698 9771 ' (562) 309 8063 county Of santa Clara’ TELEPHONE NO.. I FAX N0. (Optional). on 7/20/2021 12:04 PM E-MAIL ADDRESS (Optional): ernle.park@bewley|aw.com R . d B _ S t S t ATrORNEY FOR (Name): Plaintiff AeVIewe y. ys em yS em SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Easel#21 _C\6,838841.203708 STREETADDREss: 191 North First Street nve Ope' MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME: PLAINTIFF/PETITIONER: AUGUSTINE BOWERS II, a Delaware limited liability DEFEQEANW‘R'ESPONDENT; OPA! SANTA CLARA, L.P., a California limited CASE MANAGEMENT STATEMENT gqsé'yg'gfig78 (Check one): X UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 8-3-21 Time: 3:45 pm Dept: 19 Div.: Room: Address of court (if different from the address above): same as 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. g This statement is submitted by party (name): plaintiff b. D 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): 3-24-21 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. X All parties named in the complaint and cross-complaint have been sewed. have appeared, or have been dismissed. b. X The following parties named in the complaint or cross-complaint (1) X have not been sewed (specify names and explain why not): ANGELO HEROPOULOS; SHELBY HEROPOULOS; unable to gain access to home as there is secured entry gate and no one answers. (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 ofinvolvement in case, and date by which they may be sen/ed): 4. Description of case a. Type of case in E complaint D cross-complaint (Describe, including causes of action): Plaintiff's complaint is for a breach of a commercial lease; breach 0f guaranty. Page 1 of5 Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.72m3.730 www.courts.ca‘gov American LegalNet, Inc. www.FormsWorkFlow.com . CM-110 -DEFENDANT/RESPONDENT: OPA! SANTA CLARA, L.P., a California limited . - - - - - CASE NUMBER: EEnAnlyll‘liF/PETITIONER. AUGUSTINE BOWERS II, a Delaware Ilmlted Ilablllty 21CV381078 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 reliefis sought, describe the nature of the relief.) Plaintiff's damages exceed $150,000.00. D (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request D a jury trial g a nonjury trial. (If more than one party, provide the name of each pan‘y requesting a jury trial): 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 of the date ofthe filing ofthe complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Cuunsel for plaintiff will be in trial lhe following weeks: July 28-30. 2021: August 2. 13, 19. 20. 25. 26, 27. 2021: September 3, 9. 10. 13, 17, 20, 24, 27. 2021: October 1. 4, 5. 18, 25. 2021: November 8. 12. 15, 19. 22, 23, 2021: December 6. 13, 2021; January 6, 7. 10, 14, 24,28. 31, 2022; February 4, 7, 14. 17. 18, 25, 26, 28, 2022; March 4. 11, 14. 17, 21. 24. 28. 2022; April 1. 4. 18. 22. 25. 29. 2022: May 9, 13, 16, 23, 27. 31, 2022: June 3. 13, 20, 27. 9079 Estimated length of trial The party or parties estimate that the trial wi|| take (check one): a. X days (specify number): Two b. D hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial E 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. Preference D 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 D 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 self-represented parties: Party D 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 to mandatory judicial 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) D Plaintiff elects to refer this case tojudicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (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. (special exemption): CM-HOIReV- Ju'v 112°“! CASE MANAGEMENT STATEMENT Pawn” American LegalNet, Inc. www.FormsWorkFlow.com . CM-110 PLAINTIFF/PETITIONER: AUGUSTINE BOWERs II, a Delaware limited liability CASENUMBER= LTEF‘ENBRNWRESPONDENT: OPA! SANTA CLARA, L.P., a California limited 21 CV381078 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 panies’ADR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): 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 arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 of5 American LegalNet, Inc. www.FonnsWorkFlow.com . CM-110 PLAINTIFF/PETITIONER:AUGUSTINE BOWERS II, a Delaware limited liability Eqsévg§i%78 -DEFENDANT/RESPONDENT: OPA! SANTA CLARA, L.P., a California limited 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 (explain): 12. Jurisdiction Indicate any matters that may affect the court'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 of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation D 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 motions D The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b g The following discovery wi|| be completed by the date specified (describe all anticipated discovery):m Descrigtion E Plaintiff Written Discovery Per Code Plaintiff Percipient Witness Depositions Per Code Plaintiff Expert Witness Depositions Per Code c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (special): CM-“OIRBV- Ju'v 1120111 CASE MANAGEMENT STATEMENT P3994“ American LegalNet, Inc. www.FormsWorkFlow.com . CM-110 . - - - - - CASE NUMBER: EEfliTEE/PETITIONER. AUGUSTINE BOWERS II, a Delaware llmlted Ilablllty 21CV381078 -DEFENDANT/RESPONDENT: OPA! SANTA CLARA, L.P., a California limited 17. 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 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 issues D 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. D The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court, the parties agree on the following (specifil): 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: July 20, 2021 ERNIE ZACHARY PARK > ‘ (TYPE OR PRINT NAM E) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE 0R PRINT NAM E) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-“OIRBV- Ju'v 1120111 CASE MANAGEMENT STATEMENT ”995°” American LegalNet, Inc. www.FormsWorkFlow.com . 1O 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE Code of Civil Procedure §§1013(a), 2015.5 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is:13215 E. Penn Street, Suite 510, Whittier, CA 90602. On July 20, 2021, I served the foregoing document(s) described as CASE MANAGEMENT STATEMENT on the interested parties in this action addressed as follows: Thomas J. D'Amato D'Amato Law Corporation 25 Orinda Way, Suite 308 Orinda, CA 94563 Telephone: (925) 317-1300 Facsimile: (925) 317-3239 tdamato@damatolc.com [BY ELECTRONIC TRANSMISSION (EMAIL)] from email address: (karlai@bewleylaw.com), as follows: I served the above-entitled document(s) on the interested parties in this action by submitting an electronic version of the document to the current email addresses set forth above for opposing counselor interested party. I did not receive, within a reasonable time after transmission, any electronic message or other indication that the transmission was unsuccessful. This service complies with C.C.P.§1010.6 and C.R.C. §2.251. A receiptof this transaction will be maintained with the original document(s) in our law offices. Executed on July 20, 2021, at Whittier, California. (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Federal) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. K. Iba rra