Statement Case Management Conference

Cal. Super. - 6th Dist.March 25, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). Robert E. Wall (SBN 108114) The Grunsky Law Firm PC 240 Westgate Drive Watsonville, CA 95076 TELEPHONE NO.: (83 1) 722-2444 FAX NO (Optional) (831) 722-6153 E-MAIL ADDRESS rewall@grunskylaw.com ATTORNEY FOR (Name): CSAA Insurance Exchange SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA FOR COURT USE ONLY STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: 191 North First Street San Jose, CA 95113 PLAINTIFF/PETITIONER: CSAA Insurance Exchange DEFENDANT/RESPONDENT: Sunrun, Inc., et al. CASE MANAGEMENT STATEMENT (Check one): al UNLIMITED CASE 0 LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER: 21CV381317 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 8, 2022 Time: 1:30 p.m. Dept.: 2 Div.: Room: Address of court (if different from the address above): al Notice of Intent to Appear by Telephone, by (name): Robert E. Wall CM-110 INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. al This statement is submitted by party (name): CSAA Insurance Exchange 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): March 25, 2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. ZI All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served): 4. Description of case a. Type of case in [ZI complaint D cross-complaint (Describe, including causes of action): Action in Subrogation for damages alleging negligence and equitable subrogation. Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California I•CEBi Essential CM-110 [Rev. September 1, 2021] ceb.com MForms CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov Mar (CSUB 25682) Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/15/2022 9:53 AM Reviewed By: R. Fleming Case #21CV381317 Envelope: 8290713 21CV381317 Santa Clara - Civil R. Fleming CM-110 PLAINTIFF/PETITIONER: CSAA Insurance Exchange CASE NUMBER: 21CV381317 DEFENDANT/RESPONDENT: SUrirllri, Inc., et al. 4. b. Provide a brief statement of the case, including any damages. (If personal 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 relief is sought, describe the nature of the relief.) SEE ATTACHMENT 4(b) D (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 al a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. al 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): 5/26-6/2/22 (vacation); 6/6/22 (trial); 11/7/22 (trial); 11/15/22 (trial); 12/20/22 (trial); 2/21/23 (trial); 3/13/23 (trial) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. al days (specify number): 5-8 b. 1::1 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 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. D by the following: 9. 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 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel al 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 L:1 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) 0 This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under of 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 to judicial 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. (specify exemption): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 MICEB Essential ceb.com OForms- Mar (CSUB 25682) CM-110 PLAINTIFF/PETITIONER: CSAA Insurance Exchange CASE NUMBER: 21CV381317 DEFENDANT/RESPONDENT: SUIVUTI, Inc., et al. 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 parties' ADR stipulation): (1)Mediation MI al Mediation session not yet scheduled D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation completed on (date): (2)Settlement conference MI al Settlement conference not yet scheduled D Settlement conference scheduled for (date): D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): (3)Neutral evaluation CI D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): ca Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Il D Judicial arbitration not yet scheduled D Judicial arbitration scheduled for (date): D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): (5)Binding private arbitration li D Private arbitration not yet scheduled D Private arbitration scheduled for (date): D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): (6)Other (specify): Q D ADR session not yet scheduled D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 MICEB- Essential ceb.com OForms' Mar (CSUB 25682) CM-110 PLAINTIFF/PETITIONER:CSAA Insurance Exchange CASE NUMBER: 21CV381317 DEFENDANT/RESPONDENT: Sunrun, Inc., et al. 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: LA Yes 1:3 No c. 0 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. (j Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. a] There are companion, underlying, or related cases. (1) Name of case: Empire Investments, LLC v. Art Mar (2) Name of court: Santa Clara County Superior Court (3) Case number: 20CV375104 (4) Status: Pending MI Additional cases are described in Attachment 13a. b. MI A motion to ai consolidate D coordinate will be filed by (name party): Pending further efforts to meet and confer with other counsel. 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 of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. al The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Pending consolidation and/or resolution of the issues outlined in 4(b). c. 0 The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 INICEB Essential ceb.com I--Forms Mar (CSUB 25682) Date CM-110 PLAINTIFF/PETITIONER: CSAA Insurance Exchange CASE NUMBER: 21CV381317 DEFENDANT/RESPONDENT: S1.11111111, Inc., et al. 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. al 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): Counsel in all related actions will meet and confer in advance of the 3/8/22 CMC. b. D 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): 2 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: February 14, 2022 Robert E Wall (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) 1::1 Additional signatures are attached. CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 MICEB Essential ceb.com OForms- Mar (CSUB 25682) MC-025 SHORT TITLE: - CSAA v. Sunrun, Inc., et al. CASE NUMBER: 21CV381317 ATTACHMENT (Number) : 4.b (This Attachment may be used with any Judicial Council form.) Fire loss as a result of failed solar system causing damage to plaintiffs insured residence. The underlying claim is now close to being fully resolved. Total damages to date are approaching $1,500,000.00. Plaintiffs insured is a defendant in a separate action arising out of the same incident brought by the owner of the next door property and there is an existing subrogation claim by the carrier for the next door property, State Farm, 21CV392032. Given the pending claim by the insureds, allowing time for possible ADR and other issues outlined above, plaintiff recommends that this CMC be continued for at least 60-90 days. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page l of Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of California MC-025 [Rev. July 1, 2009) ATTACHMENT to Judicial Council Form www.couilinfo.ca.gov cos Essential Mar (CSUB 25682) "'Forms- MC-025 SHORT TITLE: - CSAA v. Sunrun, Inc., et al. CASE NUMBER 21CV381317 ATTACHMENT (Number): 13(a) (This Attachment may be used with any Judicial Council form.) 13. Related cases, consolidation, and coordination (additional cases): Name of case: State Farm General Insurance Company v. Sunrun, Inc., et al. Name of court: Santa Clara County Superior Court Case number: 21CV392032 Status: Pending (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page L. of 1 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of California MC-025 [Rev. July 1. 20091 Essential CrL[3 Fms- ceb.com ,mg or ATTACHMENT to Judicial Council Form Mar (CSUB 25682) www.courtinfo ca.gov PROOF OF SERVICE [CCP §§ 1013a, 2015.5] STATE OF CALIFORNIA ) COUNTY OF SANTA CRUZ) ss I am over the age of eighteen (18) years and not a party to the within action. I am employed by the law firm of THE GRUNSKY LAW FIRM PC (the 'firm"), and my business address is 240 Westgate Drive, Watsonville, California 95076. On February 15, 2022 I caused to be served the within CASE MANAGEMENT STATEMENT on the parties to this action, by placing a true copy thereof enclosed in a sealed envelope, addressed as follows and delivered in the manner indicated: Attorney for Defendant, SUNRUN, INC.: Brian C. Merges Mokri Vanis & Jones, LLP 444 South Flower Street, Suite 750 Los Angeles, CA 90071 Main: (213) 784-3220 Direct: (213) 784-3140 Fax: (949) 226-7150 bmerges@mvjlIp.com Assistant: Michelle Rascon mrascon@mvillp.com Attorney for Defendant, PACIFIC GAS AND ELECTRIC COMPANY: Jennifer L. Dodge The Law Offices of Jennifer L. Dodge, Inc. 2512 Artesia Blvd., Suite 300D Redondo Beach, CA 90278 (310) 372-3344 FAX (310) 861-8044 idodgelaw@ienniferdodgelaw.com COURTESY COPIES: Attorney for Plaintiff, EMPIRE INVESTMENTS, LLC: Michael Rooney Michael Rooney Law Office, PC 580 California Street, 16th Floor San Francisco, CA 94104 (415) 533-0282 FAX (415) 704-3321 mike(a,mikerooneylaw.com Attorney for Defendant, PACIFIC GAS AND ELECTRIC COMPANY: Steven A. Lamb Rovens Lamb LLP 1500 Rosecrans Avenue, Suite 418 Manhattan Beach, CA 90266-3700 (310) 536-7830 Fax: (310) 872-5026 slamb@rovenslamb.com Assistant: Tammy Cortez tammy@rovenslamb.com Attorney for Defendant, ART MAR: Anthony F. Pinelli Williams, Pinelli & Cullen 1960 The Alameda, Suite 195 San Jose, CA 95126 (408) 288-3868 apinelli@wpclaw.com Assistant: Elaine Durand edurand@wpclaw.com - 1 - V13256132(Mar)\Pos CSAA v. unrun, et al., #21CV381317 PROOF OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorney for Plaintiff, STATE FARM GENERAL INSURANCE COMPANY: Darrel K. Yasutake Miriam P. Maxwell Law Office of Darrel K. Yasutake 6200 Center Street, Suite 280 Clayton, CA 94571 (925) 680-4266 FAX (925) 680-4259 dyasutake@hy-litigators.corn mmaxwell(&hy-litigators.com By Mail]: I caused each envelope, with postage prepaid to be placed in the United States mail at Watsonville, California. I am readily familiar with the business practices of the firm regarding the collection and processing of correspondence for mailing with the United States Postal Service. Pursuant to such business practices, and in the ordinary course of business, all correspondence is deposited with the United States Postal Service on the same day it is placed for collection and mailing. [By Fax]: On * , I served the within document on the parties in said action by facsimile transmission, pursuant to Rule 2.306 of the California Rules of Court. A transmission report was properly issued by the sending facsimile machine and the transmission was reported as complete and without error. XXX [By e-mail] Pursuant to CCP §1010.6(6), I caused the foregoing document to be served electronically by electronically mailing a true and correct copy through The Grunsky Law Firm's electronic mail system to the e-mail addresses as set forth above, and the transmission was reported as complete and no error was reported. I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct, and that this declaration was executed on February 15, 2022 at Watsonville, California. Dinah L. Madolora - 2 - CaU13256a2(Mar)Tos C.:SAA v. Sunrun, et al., #21CV381317 PROOF OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28