Statement Case Management Conference

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

21 CV381 31 7 Santa Clara - Civil CM-1 1 0 AWORNEY on pARTv wm-«ow Arronuev (Name, State Barnumber, and address).- Fon counr use ONLY °y5 Robert E. Wall (SBN 1081 14) £1118 amiss?! Ibaryv Flrm PC Electronically Filed es ga e Ive - Watsonville, CA 95076 2y SUPer'°r cw” °f CA’ _ ounty of Santa Clara, TELEPHONE N0.: (83 l) 722-2444 FAX Mommas».- (83 1) 722-6] 53 _ E-MAIL ADDRESS (Optional): rewall@grunskylaw.com on 7/1 5/2021 3 '49 PM ATTORNEY FOR (Name): Plaintiff, CSAA Insurance Exchange Rev'ewed By: SYStem SYStem SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Case #21 CV381 31 7 STREETADDRESS: 191 North First Street Envelope: 68581 32 MAILING ADDRESS: cmr AND ZIP cons; San Jose, CA 95 1 1 3 BRANCH NAME: PLAINTIFF/PETITIONER; CSAA Insurance Exchange DEFENDANT/RESPONDENT: Sunrun, Inc., et a1. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): D UNLIMITED CASE D LIMITED CASE 21CV381317 (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 p.m. Dept: 2 Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Robert E. Wall INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): CSAA Insurance Exchange b. D 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 25, 2021 b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-comp/ainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. m The foltowing parties named in the complaint or cross-complaint (1) D have not been served {specitj/ names and explain why not): (2) m have been sewed but have not appeared and have not been dismissed (specify names): Sunrun, Inc. (response due 7/16/21 per ext); Pacific Gas and Electric Co. (served 7/9/21) (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 the date by which they may be served): 4. Description of case a. Type of case in m complaint D cross-complaint (Describe, including causes of action): Action in subrogation for damages alleging negligence and equitable subrogation. Page 1 of 5 Form Ado led for Mandatory Use Cal. Rules of Court, Judicia Council of California C-EB Emnfld CASE MANAGEMENT STATEMENT rules 3120-3730 CM-1 10 [Rev]. July 1, 201 1] mm Em www.oourts.ca.gov Mar (CSUB 25682) CM-1 10 PLAINTIFF/PETITIONERzCSAA Insurance Exchange cAse NUMBER; 21CV3813 1 7 DEFENDANT/RESPONDENT: Sunrun, Inc., et a1. 4. b. Provide a brief statement of the case, including any damages. (prersonal injwy 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 eamings. If equitable reliefis sought, descn'be the nature of the relief.) (SEEATTACHMENT 4.b) D (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 D a jury trial D a nonjury trial. (Ifmore than one party, provide the name of each pan‘y requesting a jury tn'al): 6. Trial date a. D The trial has been setfor (date): b. m 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): 9/9-9/12/21 (vacation); 10/18-10/29/21 (vacation); 3/15/22 (trial); 5/16/22 (trial); 7/26/22 (trial); 11/15/22 (m'al). 7. Estimated length of trial The patty or parties estimate that the trial will take (check one): a. m days (specify number): 5-8 b. a hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m by the attorney or party listed in the caption D by the foIIowing: 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. Preferencea 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 m 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 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 tojudicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141 .1 1. (3) a 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-HO [Rev. July 1. 20111 CASE MANAGEMENT STATEMENT P399 2 0f 5 CEB‘I Essentid m... lam- Mar (CSUB 25682) CM-1 1O DEFENDANT/RESPONDENT: Sunrun, Inc., et a1. PLAINTIFF/PETITIONER:CSAA Insurance Exchange cAse NUMBER; 21CV381317 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): l 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 panicipate in or have already completed an ADR process or processes. indicate the status of the processes (attach a copy of the parties'ADR stipulation): m Mediation session not yet scheduled D Mediation session scheduled for (date): (1) Mediation m D Agreed to complete mediation by (date): D Mediation completed on (date): m Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled (3) Neutral evaluation D D Neutral evaluation scheduled for (date):D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date).- arb'tratlon D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arb'tratlon D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date).- CM-11D [Rem July 1. 201 1] Efié’fl: CASE MANAGEMENT STATEMENT Page a ofs Mar (CSUB 25682) CM-110 DEFENDANT/RESPONDENT: Sunrun, Inc., et a1. PLAINTIFF/PETITIONER:CSAA Insurance Exchange CAsE NUMBER: 2 1CV3 8 1 3 1 7 11. 12. 13. 14. 15. 16. 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).- Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case. and describe the status.D Bankruptcy a Other (specify): Status: Related cases, consolidation, and coordination a. m 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: 20CV3 75 104 (4) Status: PendingD Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 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): Other motions D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Discovery a. D The party or parties have completed all discovery. b. The following discovery wi|| be completed by the date specified (describe all anticipated discovery): my Description Pending appearances and/or resolution of the issues outlined in 4.b. Um 0-.(D c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-HOIRev. July 1. 20111 CASE MANAGEMENT STATEMENT Pageants fiifaflmy Mar (CSUB 25682) CM-11O PLAINTIFF/PETITIONER: CSAA Insurance Exchange cAsE NUMBER; 2 1CV3 8 1 3 1 7 DEFENDANT/RESPONDENT: Sunrun, Inc., et a1. 17. Economic litigation a. 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. 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, expiain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issuesD 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. m 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 for plaintiff will meet and confer with counsel for the other interested parties in advance of the 8/3/21 CMC. 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): L_- l 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 15, 2021 (TYPE OR PRINT NAME) (SIGNATURE OF PARTY 0R ATTORNEY) D (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY on ATTORNEY) D Additional signatures are attached. Robert F Wall CM-Ho [Rem July1. 20111 CASE MANAGEMENT STATEMENT Page sets 93.1% Ea mm"?! Mar (CSUB 25682) MC-025 SHORT TITLE: CASE NUMBER: - CSAAv. Sunrun,Inc.,et a1. 21CV381317 ATTACHMENT (Number) : $b- (This Attachment may be used with any Judicial Council form.) Fire loss as a result of failed solar system causing damage t0 plaintifi‘s insured residence. The underlying claim is ongoing. Total damages to date are in excess of $ 1 ,000,000. Plaintiffs insured is involved in a separate action arising out 0f the same incident brought by the owner 0f the next door property and there is an existing subrogation claim by the carrier for the next door property, State Farm. Defendant Pacific Gas and Electric Company was served on July 9, 2021. Defendant Sunrun,Inc. is seeking to enforce an arbitration clause in the contract with CSAA's insureds. Given the pending claim by the insureds and other issues outlined above, plaintiffrecommends that this CMC be continued for at least 60-90 days. (If the item that this Attachment concems is made under penalty ofperjury, all statements in this Pagel- of .1.- Attachment are made underpenalty ofpeljury.) (Add pages as required) Form Aprroved for O fional Use ATTACHMENT www.oomtinfa.ca.gov Judicia Councilof alifomia MC-ozs [Revr July 1. 20091 to Judicial Council Form CEB' Essential Mar (CSUB 25682) \oooqcnmpmw_ NNNNNNNNMt-Ih-JHHHp-IwH-ah‘ OOQONMAUJNHOWOOQQM-pWNF-‘O PROOF 0F SERVICE [CCP §§ 1013a, 2015.5] STATE OF CALIFORNIA COUNTY OF SANTA CRUZ ss I am over the a e of ei hteen (1 8 ears and not a party to the within action. I am employed by the law firm ofTH GR SKY LA FIRM PC (the 'firm"), and my business address is 240 Westgate Drive, Watsonville, California 95076. On July 15, 202_1 I caused t9 be served the within CASE MANAGEMENT STATEMENT on the parties to thls actlon, by placmg a true copy thereof enclosed in a sealed envelope, addressed as follows and delivered in the manner indicated: Attorneyfor Defendant, SUNRUN, INC: Courtesy copy on behalfofPacific Gas and Electric Company: Brian C. Mer es Mokri Vanis Jones, LLP Steven A. Lamb 444 South Flower Street, Suite 750 Rovens Lamb LLP Los An eles, CA 90071 1500 Rosecrans Avenue, Suite 418 Main: ( 133 784-3220 Manhattan Beach, CA 90266-3700 Direct: (21 ) 784-3140 310) 536-7830 Fax: (9492 226-7150 ax: (3 10) 872-5489 bmerges/cvmvillgcom slambfi'rovenslambcom By Mail]: I caused each envelofpe, with postage re aid to be placed in the United States mail at Watsonville, Cali ornia. I am read1 y amiliar w1th the business practices of the firm re arding the collection and processing of correspondence for mailing with the Unite States Postal Service. Pursuant to such business practices, and in the ordinary course of business, all correspondence is de osited with the United States Postal Service on the same day it is placed for co ection and mailing. [By Fax]: On * , I served the within document on the arties in said action by facsimile transmission, pursuant to Rule .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 §1_010.6(6), I caused the foregoing document to be served electronically b electronlcally mailing a true and correct copy through The Grunsky Law Firm s e ectronic 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 enalty of perjury under the laws of the State of California, that the fore oing is true and correct, andt at thls declaration was executed on July 15, 2021 at Watsonville, Cali ornia. Dinah L. Madolora aflzgégfimmpésah #2lcv3813 17 PROOF 0F SERVICE