Statement Case Management Conference

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

21 CV381 1 87 Santa Clara - Civil QMeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ALEXANDER B. BORIS (SBN 313195) SBN: 3 13195 _ _ WOLF RIFKIN SHAPIRO SCHULMAN & RABKIN, LLP E'eCtronlcally Flled 11400 W. Olympic Boulevard, 9th Floor by SUperior court 0f CA, LOS ANGELES, CA 90064-1582 County of Santa Clara, TELEPHONE No.: (3 10) 478-4100 FAX No. (0ptiona/):(310) 479-1422 on 7/20/2021 11 :04 AM E-MA'L ADDRESS (Optional): aboriS@WrslaWyers.com Reviewed By: System System ATTORNEY FOR (Name): KEVIN SINGER, COURT APPOINTED RECEIVER FOR PLATINUM case #21 cv331 1 37 SUPERIOR COURT 0F CALIFORNIA, COUNTY OFSANTA CLARA Envelope: 6882959 STREEF ADDRESS: 191 North First Street MAILING ADDRESS:191 North First Street CITY ANDZIP CODE: San Jose, 951 13 BRANCH NAMEIDowntown Superior Court PLAINTIFF/PETITIONER: PLATINUM ROOFING, INC. DEFENDANT/RESPONDENT: MP SHOREBREEZE, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE E LIMITED CASE 210,381 187 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date:August 3, 2021 Time: 1:30 pm. Dept.:2 Div.: Room: Address of court (if difierent from the address above): Notice of Intent to Appear by Telephone, by (name):Alexander B. Boris, Esq. (SBN 3 13 195) INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name):KEVIN SINGER, COURT APPOINTED RECEIVER FOR PLATINUM ROOFING, INC. b. E This statement is submitted jointly by parties (names): 2. Complaint and cross-com plaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date):March 23, 2021 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofinvo/vement in case, and date by Which they may be served): 4. Description of ca_se 8- Type 0f case In complaint E cross-complaint (Describe, including causes of action): (1) BREACH OF CONTRACT; (2) FORECLOSURE ON MECHANIC’S LIEN; (3) UNJUST ENRICHMENT; AND (4) QUANTUM MERUIT Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3730 CM-‘l 10 [Rev. July 1, 2011] www.courts.ca.gov Westlaw Doc 8: Fonn Bu'lder'" CM-110 PLAINTIFF/PETITIONER: pLATINUM ROOFING, INC. CASE NUMBER - 21CV381 187 DEFENDANT/RESPONDENT: MP SHOREBREEZE, et a1. 4. b. Provide a brief statement of the case, including any damages. (/fpersona/ injury damages are sought, specify the injwy 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.) Plaintiff agreed to furnish certain labor, services, equipment, and material for a work of improvement to real property. Defendants failed to tender payment in the amount of $37,000.00 E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request E ajury trial a nonjury trial. (lfmore than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready fortrial within 12 months ofthe 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented attrial 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:E 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 aboutthe processes available through the court and community programs in this case. (1) For parties represented by counsel: CounselE 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 tojudicial arbitration or civil action mediation (if available). (1) E This matter is subjectto mandatoryjudicial arbitration under Code of Civil Procedure section 1141.11 orto civil action mediation under Code 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 1141.11. (3) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtorfrom civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“OIReV- Ju'v 1: 20111 CASE MANAGEMENT STATEMENT Pagan” CM-11O PLAINTIFF/PETITIONER: PLATINUM ROOFING, INC. DEFENDANT/RESPONDENTZMP SHOREBREEZE, et a1. CASE NUMBER: 21CV381187 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 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 processes (check a/l that apply): stipulation): Mediation session not yet scheduled (1) Mediation m E Mediation session scheduled for (date):E Agreed to complete mediation by (date): E 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 (specifiI): 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-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: 21CV381187 PLAINTIFF/PETITIONERPLATINUM ROOFING, INC. DEFENDANT/RESPONDENTMP SHOREBREEZE, et al, 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes E No c. E 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.E Bankruptcy E Other(specify): Status: 13. Related cases, consolidation, and coordination a_ E 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 ofmotion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovely): Pa_rt¥ Descrigtion % Plaintiff Special and Form Interrogatories Per the Code Plaintiff Requests for Admission Per the Code Plaintiff Request for Production of Documents Per the Code Plaintiff Depositions of Defendants Per the Code c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page4of5 CM-1 10 PLAINTIFF/PETITIONER:PLATINUM ROOFING, INC. CASE NUMBER:- 21CV381 187 DEFENDANT/RESPONDENTI MP SHOREBREEZE, Ct a1. 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 will apply to this case. b.E This is a limited civil case and a motion to withdrawthe 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 thatthe following additional matters be considered or determined at the case management conference (specify): 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 (ifany): | 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 ofthe party where required. WMDate: July 20, 2021 ALEXANDER B. BORIS (SBN 3 13 195) ’ (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY) (rYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY)E Additional signatures are attached. CM-110[Rev.July1,2011] CASE MANAGEMENT STATEMENT Page5of5 \OOOflQUl-BUJNt-n NNNNNNNNNv-Iv-tb-ti-tr-tb-th-tr-tb-ti-t OOQONM-RUJNHOKOOONQUI-hUJNF-‘O PROOF OF SERVICE STATE 0F CALIFORNIA, COUNTY OF LOS ANGELES At the time 0f service, I was over 18 years 0f age and not a party t0 this action. I am employed in the County 0f Los Angeles, State of California. My business address is 11400 West Olympic Boulevard, 9th Floor, Los Angeles, CA 90064-1582. On July 20, 2021, I served true copies of the following document described as CASE MANAGEMENT STATEMENT 0n the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY E-MAIL: I caused a copy of the document t0 be sent from e-mail address cjacobsen@wrslawyers.com t0 the persons at the e-mail addresses listed in the Service List. I did not receive, Within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty 0f perjury under the laws of the State 0f California that the foregoing is true and correct. Executed on this 20th day 0f July, 2021, at Los Angeles, California. c s) WW Christen D. Jacobsen \OOOflQUl-PUJNt-n NNNNNNNNNv-Iv-tb-ti-tr-tb-th-tr-tb-ti-t OOQONM-RUJNHOKOOONQUI-hUJNF-‘O SERVICE LIST Platinum v MP Shorebreeze, et al. Santa Clara Superior Court Case N0. 21CV381 187 Katerina U, Esq. VENTURA HERSEY & MULLER, LLP 1506 Hamilton Avenue San Jose, CA 95125 Andrew V. Stearns, Esq. ROBARD & STEARNS 718 University Avenue, Suite 216 Los Gatos. CA 95032 Attorneys for MP Shorebreeze Tel: (408) 512-3022 Fax: (408) 512-3023 E-mail: ku@venturahersev.com Attorneys for Core Builders E-mail: AStearns@R0bardsSteams.com