Statement Case Management ConferenceCal. Super. - 6th Dist.March 25, 202121 CV381 31 7 Santa Clara - Civil CM-D1 1:9 I A'I'I'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY “I I I mmg Brian C. Merges (Bar N0. 223059) MOKRI VANIS & JONES. LLP Electronically Filed L03 Ange'es’ CA 90071 FAX NO County of Santa Clara,TELEPHONE No.: 213.784-3220 -( _ . . on 2/23/2022 5.11 PM E-MAIL ADDRESS (Optional): bmerges@mv1|lp.com R . d B _ R Fl .ATTORNEY FOR (Name): SUNRUN, INC. Aev'ewe y' ' emmg SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Easel#21 cggsgggg sTREET ADDRESS: 191 N. First Street "V9 °Pe- 5 MAILING ADDRESS: CITY AND ZIP CODE: San Jose 951 13 BRANCH NAME: DTS PLAINTIFF/PETITIONER: CSAA INSURANCE EXCHANGE DEFENDANT/RESPONDENT: SUNRUN, INC. CASE MANAGEMENT STATEMENT EqsévggfiRé1 7 (Check one): E 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: March 8, 2022 Time: 10:00 am Dept: 2 Div.: Room: Address of court (if different from the address above): g Notice of Intent to Appear by Telephone, by (name): Brian C. Merges INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Sunrun, Inc. 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): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D A|| parties named in the complaint and cross-complaint have been sewed, 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) D 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 date by which they may be served): 4. Description of case a. Type of case in g complaint D cross-complaint (Describe, including causes ofaction): Action in Subrogation for damages alleging negligence and equitable subrogation. Page 1 of5 F”J”;£3:F‘§SJ:&P‘§”§:£?§¢E§° CASE MANAGEMENT STATEMENT CfJ‘.§“f.$2%L‘é_°7“§d CM-110 [Rev. July 1, 201 1] www.courts.ca.gov American LegalNet, Inc. www.FonnsWorkFlow.com , CM-110 PLAINTIFF/PETITIONER: CSAA INSURANCE EXCHANGE CASENUMBER: _ 21CV381317 DEFENDANT/RESPONDENT: SUNRUN, INC. 4. b. Provide a brief statement of the case, including any damages. (prersonal 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.) Plaintiff allegedly paid in excess of $1 ,068,532 to its insured in association with fire damage to the insured's home. Plaintiff alleges that the fire origin was at the connection between the junction box for the solar facility installed by Sunrun, Inc. and the main electrical panel. Plaintiff also alleges that PG&E’s failure to timely discontinue the supply of natural gas to the home caused further damage. 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 E a jury trial D a nonjury trial. (If more than one pariy, provide the name of each pafiy requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. g No trial date has been set. This case wi|| 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): 6/21/22 - 7/3/22 (Two Trials); 9/19/22 - 9/28/22 (Trial); 10/10/22 - 11/04/22 (Two Trials); 12/21/22 - 1/04/23 (Vacation) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. g days (specify number): 7-1 0 days b. D hours (short causes) (specify): 8. 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. 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 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel X 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 mandatoryjudicial 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 to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141 .1 1. (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.July1,2011] CASE MANAGEMENT STATEMENT PageZofS American LegalNet, Inc. www.FormsWorkFlow,00m CM-110 PLAINTIFF/PETITIONER: CSAA INSURANCE EXCHANGE CASE NUMBER: D-EFENDANT/RESPONDENT: SUNRUN, INC. 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): 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 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): DEED DDDD DDDD DEED DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-‘I 10 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 of5 American LegalNet, Inc. www.Fon‘nsWorkFlow‘com CM-110 PLAINTIFF/PETITIONER: CSAA INSURANCE EXCHANGE CASE NUMBER:_ 21 CV381 31 7 DEFENDANT/RESPONDENT: SUNRUN, INC. 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: DYes D No c. D Coverage issues wi|| 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. g 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: 20CV375 104 (4) Status: Pending g Additional cases are described in Attachment 13a. b. g A motion to g consolidate D coordinate will be filed by (name party): T0 Be Determined 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 E The following discovery will be completed by the date specified (describe all anticipated discovery): Party Descrigtion Date Sunrun, Inc. Written Discovery June 2022 Sunrun, Inc. Percipient Witness Depositions October 2022 Sunrun, Inc. Expert Depositons Pursuant to CCP c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM'W [Rev- JU'V 1' 2°11] CASE MANAGEMENT STATEMENT Page 4 °‘5 American LegalNet, Inc. www.FonnsW0rkFlow.com CM-110 _ CASE NUMBER:PLAINTIFF/PETITIONER. CSAA INSURANCE EXCHANGE 21 CV38131 7 EEFENDANT/RESPONDENT: SUNRUN, INC. 17. Economic litigation a. D This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery wi|| be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues D The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. D The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (ifnot, explain): Meet and confer teleconference of all counsel scheduled for 2/24/22. b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 1 | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and wi|| possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: February 23, 2022 Brian C. Merges > /$/ Brian C. Merges (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-“OIReV-“MM CASE MANAGEMENT STATEMENT Pages“ American LegalNet, Inc. www.FonnsWorkFlow.com 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE SUPERIOR COURT FOR THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA CASE NAME: CSAA Insurance Exchange v. Sunrun Ina, et al. CASE NUMBER: 21CV381317 [Related t0 Case: 20CV375104 Empire v. Art Mar] 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 445 S. Figueroa St, Ste. 2230, Los Angeles, CA 90071. My electronic service address is mrascon@mvillp.com. 1am familiar with Morki Vanis & Jones, LLP’s practice for processing documents for delivery. On February 23, 2022, I served a true and correct copy ofCASE MANAGEMENT STATEMENT BY ELECTRONIC MAIL [Pursuant t0 C.C.P. § 1010.6] Based 0n an agreement of the parties to accept service by electronic transmission, and in compliance with C.C.P. §§ 1010.6(2)(A)(ii) and 1010.6(e)(1), I caused the documents t0 be electronically sent to the persons 0n the attached service list. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. BY U.S. MAIL [Pursuant t0 C.C.P. § 1013] the document was deposited in a post office, mailbox, subpost office, substation, 0r mail chute, 0r other like facility regularly maintained by the United States Postal Service, in a sealed envelope, With postage paid, addressed t0 all parties of record 0n the attached service list who d0 not want electronic mail 0r who d0 not have an email address. Service is complete at the time of the deposit. I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. Executed 0n February 23, 2022, at Los Angeles, California. /$/ Micfieflé Rascon Michelle Rascon 1 PROOF OF SERVICE - CMC STATEMENT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Robert E. Wall, III The Grunsky Law Firm PC 240 Westgate Dr. Watsonville, CA 95076 T: 83 1-722-2444 F: 831-722-6153 rewall@grunskvlaw.com Steven A. Lamb ROVENS LAMB LLP 1500 Rosecrans Avenue, Suite 418 Manhattan Beach, California 90266 T: (310) 536.7830 F: (310) 872.5026 slamb@rovenslamb.com Jennifer L. Dodge The Law Offices of Jennifer L. Dodge Inc. 25 12 Artesia Boulevard, Suite 300D Redondo Beach, California 90278 T (310) 372.3344 F (310) 861.8044 id0dgelaw@ienniferdodgelaw.com Anthony F. Pinelli Williams, Pinelli & Cullen 1960 The Alameda, Ste. 195 San Jose, CA 95126 T: 408-288-3868 F: 408-288-3860 apinelli@wpclaw.com edurand@wpclaw.com Michael P. Rooney Rooney Law Office 580 California St., 16th Floor San Francisco, CA 94104 415-533-0282 mike@mikeroonevlaw.com SERVICE LIST Attorney for PlaintiffCSAA Insurance Exchange (CSAA Insurance Exchange v. Sunmn, Inc.) Attorneys for Defendant: Pacific Gas & Electric Company (CSAA Insurance Exchange v. Sunrun, Inc.) Attorneys for Defendant: Pacific Gas & Electric Company (CSAA Insurance Exchange v. Sunrun, Inc.) RELATED CASE: Attorneys for Defendant & Cross Complainant, Art Mar (Empire v. Art Mar) Attorneys for Plaintiff: Empire Investments, LLC (Empire v. Art Mar) 2 PROOF OF SERVICE - CMC STATEMENT
