Statement Case Management Conference

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slale Ber numeer, snd address). Shawn D. Morris, Esg. (SBN. 134855) John 0. Mersereau, Esg. (SBN. 258067) Morris, Sullivan & Lemkul, LLP 9915 Mira Mesa Blvd., Suite 300 San Diego, CA 92131 TELEpHONE Ncu ( 858 ) 566-760 0 FAX No. (Opaonas: ( 858 ) 566-6602 EMAILAooREBB(opsona0: mersereautamorrissullivanlaw. corn ATTCRNEYFCR(Nemel BrOOkf ield NcrCal BuilderS InC .. et a sUPERIQR coURT oF CALIFDRNIA, coUNTY QF santa clara mREETAooRESS: 191 N. First Street MAiuNCAOCRESR 191 N. First Street cITYANOztpcooE: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIQNERBrookfield Norcal Builders lnc., Brookfield Ambrosia LLC and Brookfield Mataro LLC DEFENDANT/RESPONDENT:Platinum Pipelie, Inc. FOR COURT USE ONLY CM-110 CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): ~x UNLIMITED CASE C] LIMITED CASE 21CV381119 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE NIANAGEMENT CONFERENCE is scheduled as follows: Date: April 5, 2022 Time:10:00 a.m. Dept.: 20 Address of court (if different from the addn.ss above): Divd Room: ~ Notice of Intent to Appear by Telephone, by (nsme)l INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (Bnswer one): a. ~ This statement is submitted by party (nsms)( b. ~x This statement is submitted jointly by parties (names)( Brookf ield Norcal Builders Inc.; Brookfield Ambrosia LLC and Brookfield Mataro LLC 2. Complaint and cross-complaint (to be answemd by plaintiffs and cross-comp)a(nants only) a. Thecomplaintwasfiledon(dsts): March 24, 2021 b. M The cross-complaint, if any, was filed on (dsts): 3. Service (to be answered by plaintiffs snd cross-complainants only) a. Mx All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. M The following parties named in the complaint or cross-complaint (1) M have not been served (specify names Bnd explain why not): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had s default entered against them (specify names): c. M The following additional parties may be added (specify names, nature of involvement in case, snd date by which they msy be served): 4. Description of case a. Type of case in Cx] complaint H cross-complaint (Descn'bs, including causes of action): Complaint for 1. Breach of Contract; 2. Breach of Express and Implied Warranty; 3. Negligence Form Adopted for Mandatory Uss Judicial Counml of California CM-110 IReu. July I, 2011I CASE MANAGENIENT STATEMENT Sofuuons- Pads 1 of 5 Csl Rules of Coun, rules 3.720-3.730 Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/21/2022 9:33 AM Reviewed By: R. Fleming Case #21CV381119 Envelope: 8552918 21CV381119 Santa Clara - Civil R. Fleming PLAINTIFF(PETITIONER:Brookfield Norcal Builders Inc., Brookfield Ambrosia LLC and Brookfield Nataro LLC DEFENDANT/RESPONDENT: Platinum Pipelie, Inc. CASE NUMBER. 21CV381119 CM-110 b. Provide a brief statement of the case, including any damages. (Itpersonal injury damages are sought, specify the injury end damages claimed, including medical expenses to date (indicate source and amount), estimated future medical expenses, lost earnings Io date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief) Plaintiffs contracted with defendant to install storm drains, sanitary sewer and water distribution lines at the Ambrosia and tflataro projects. Defendant's work was defective causing substantial damage. (If more than one party, provide the name of each party ~ (If more space is needed, check this box and attach a page designated as Affachment 4b.) Jury or nonjury trial The parly or parties request ~x a jury trial ~ a nonjury trial. requesting a jufy In'al): Trial date a. ~ The trial has been set for (dele): b. Mx 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 snd explain reasons for unavailability): 4/15/22; 5/16/22, 7/11/22 - Trial Estimated length of trial The party or parties estimate that the trial will take (check one): a. Mx days (specify number): 1 0 b. ~ hours (short causes) (specify): Trial representation (Io be answered for each party) The party or parties will be represented at trial M by the attorney or party listed in the caption ~ by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: M Additional representation is described in Attachment 8. Preference M 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 ~x has C] has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) Forself-representedparties:PartyH has M hasnot reviewedtheADRinformationpackageidentifiedinrule3.221. b. Referral to Judicial arbitration or civil action mediation (if available). (1) ~ 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) ~ Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) ~ 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): CM-110 IRev July f, 2011] CASE MANAGEMENT STATEMENT Page 2 of f PLAINTIFF/PETITIONER: Brookfield Norcal Builders Inc., J3rookfield Ambrosia LLC and Brookfield Mataro LLC ~EFENDANT/RESPONDENT: Platinum Pipelie, Inc. CASE NUMBER: 21CV381119 CM-110 t0. 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 a/I thai app/y and pmvide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check a/I that app/y): 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 stipula lion): (I) Mediation Dx ~x Mediation session not yet scheduled M Mediation session scheduled for (date):~ Agreed to complete mediation by (date):~ Mediation completed on (date); (2) Settlement conference Cxl ~x Settlement conference not yet scheduled M Settlement conference scheduled for (date)i~ 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): C3 Agreed to complete private arbitration by (date):~ Private arbitration completed on (date): (6) Other (specify): ~ ADR session not yet scheduled M ADR session scheduled for (date):~ Agreed to complete ADR session by (date):~ ADR completed on (date); CM-110 IRuy. July 1, 201 1I CASE MANAGEMENT STATEMENT Pusu 3 uf 3 PLAINTIFF/pETITIQNER; Brookfield Norcal Builders Inc., Brookfield Ambrosia LLC and Brookfield Nataro LLC DEFENDANT/REspoNDENT: Platinum Pipelie, Inc. CASE NUMBER: 21CV381119 CM-110 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name)/ b. Reservation of rights; H Yes M No c. M Coverage issues will significantly affect resolution of this case (exp/ain)/ 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.H Bankruptcy C3 Other (specify): Status: 13. Related cases, consolidation, and coordination a. ~ There are companion, underlying, or related cases. (1) Nameofcase: (2) Name of court: (3) Case number: (4) Status: M Additional cases are described in Attachment 13a. b. H A motion to ~ consolidate C] coordinate will be filed by (name party): 14. Bifurcation~ 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 M The party or parties expect to file the following motions before trial (speci/y moving party, type of motion, snd issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~x The following discovery will be completed by the date specified (describe a/I anticipated d/scovery)/ Party Descriotion Date Plaintiffs Written Discovery Per Code Plaintiffs Depositions Per Code Plaintiffs Expert Discovery Per Code c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): GM-110 IRev July 1,2DMI CASE MANAGEMENT STATEMENT Ruse 4 ei 4 PLAINTIFF/PETITIONER; Brookf ield Norcal Builders Inc., Brookfield Ambrosia LLC and Brookfield Mataro LLC DEFENDANT/RESPONDENT: Platinum Pipelie, Inc. CASE NUMSER'1CV381119 CM-110 17. Economic litigation a. ~ 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. ~ 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 (il checked, explain specifically why economic litigation procedures relating lo discovery or tn'el should nof apply to this case): 18. Other issues~ The party or parties request that the following additional matters be considered or determined at the case management conference (spec)fy): 19. Meet and confer a. ~x 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) I 20. Total number of pages attached (il any): I 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: March 21, 2022 John Q. Mersereau. Escr. (SBN. 258067) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATfoRNEY) Additional signatures are attached. CM 110(Rev July I, 2011) CASE MANAGEMENT STATEMENT Page 6 of 6