Statement Case Management Conference

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

CM-110 ATTORNEY OR PARTY IM THOUT ATTORNEY (Name, State Bar number, and address). Leon Jew (SBN 219298) FOR COURT USE ONLY 5776 Stoneridge Mall Rd , Suite 288 Pleasanton , CA 94588 TELEPHONE NO .. (408) 359-5915 FAX NO. (Optional): (925) 463-3218 E-MAIL ADDRESS (Optional).' leon.jew@da hyee.com; tyson.lin@dahyee.com ATTORNEY FOR (Name): APLUS CONTRUCTION COMPANY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First Street CITY AND ZIP CODE: San Jose, 95113 BRANCH NAME· Downtown Superior Court PLAINTIFF/PETITIONER: APLUS CONTRUCTION COMPANY Dl::FENDANT/F~ESPONDENT: JIANMIN WANG CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): 0 UNLIMITED CASE C::J LIMITED CASE 21CV381326 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date Feb. 22 , 2022 Time: 10:00 A.M. Dept.: 19 Div.: Room: Address of court (if different from the address above). 0 Notice of Intent to Appear by Telephone, by (name): Leon Jew INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one). a. 0 This statement is submitted by party (name). APLUS CONTRUCTION COMPANY b. D Th is statement is submitted jointly by parties (names). 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The comp laint was filed on (date). 03/25/2021 b. [ J The cross-complaint, if any, was filed on (date). 3. Service (to be answered by plaintiffs and cross-complainants only) a. [RJ All parties named in the compla int and cross-comp laint have been served , have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-comp laint (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 CxJ complaint C::J cross-compla int (Describe, including causes of action): Plaintiff alleges that Defendant breached a home remodeling contract by failing to make payment Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/7/2022 11:50 AM Reviewed By: R. Fleming Case #21CV381326 Envelope: 8231075 21CV381326 Santa Clara - Civil R. Fleming CM-110 F'LAINTIFF/F'E:TITIONE: F, AF'LUS CONTl,UCTION COMPANY DEFENDANT/F~ESPONDENT JIANMIN WANG CASE NUMBER: 21CV381326 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 futurn lost earnings. If equitable re lief is sought, describe the nature of the relief) breach of contract [ J (If more space is needed, check this box and attach a page designated as Attachment 4b) 5. Jury or nonjury trial a. The party or parties request ~ a jury trial requesting a Jury trial). D a nonjury trial. (If more than one party, provide the name of each party 6. Trial date a D The trial has been set for (date). b. 0 No trial date has been set Th is case will be ready for trial w ithin 12 months of the date of the filing of the complaint (if not, explain). c. Dates on which parties or attorneys w ill not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that th e tria l will take (check one). a. ~ days (specify number): 1-3 b. D hours (short causes) (specify). 8. Trial representation (to be answered for each party) The party or parties will be represented at t1·ial 0 by the atto rne y 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 add ress: g . Party represented: D Addit ional representat ion is described in Attachment 8. 9. Preference D This case is entitled to prefe rence (specify code section).· 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are availab le in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about th e processes available through the court and community programs in this case. (1) For parties rep resented by counsel: Counsel ~ has D has not provided the ADR information package identified in rule 3.22 1 to the client and rev iewed ADR options w ith the client (2) For self-represented parties: Party C:=J has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if ava ilable) . ( 1) D Th is matter is subject to mandatory Judicial arb itration under Code of Civil Procedure section 1141 .11 or to civil action med iation under Code of Civil Proced ure section 1775.3 because the amount in controversy does not exceed the statutory limit (2) D Plaintiff elects to refer this case to judicia l arbitration and ag rees 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 Civ il Procedure section 1775 et seq. (specify exemption).' CM-110 [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PL.AINTIFF/PETITIONER: Af>I..US CONlPUCTION COMF'ANY DEFENDANT/R[" SPONDENT: JIANMIN WANC3 CASE NUMBER: 21 CV381326 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 If the party or part ies comp leting this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the fo llowing ADR ind icate the status of the processes (attach a copy of the parties' ADR processes (check all that apply)· stipulation)." 0 Mediation session not yet scheduled [TI [ ] Mediation session scheduled for (date). ( 1) Mediation [:_ ] Agreed to complete med iation by (date). [:_] Mediation completed on (date). [TI Settlement conference not yet schedu led (2) Settlement [X.] C-=i Settlement conference scheduled for(date). conference D Agreed to complete settlement conference by (date): [ l Settlement conference completed on (date): D Neutral evaluation not yet scheduled [=1 D Neutral evaluation scheduled for (date). (3) Neutral evaluation D Agreed to complete neutral evaluation by (date). D Neutra l evaluation completed on (date): D Judicia l arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date). arbitration D Agreed to complete judicial arbitration by (date) r- I Judicial arbitration comple ted on (date). D Private arbitration not yet schedu led (5) Binding private D D Private arbitration schedu led for (date) . arbitration D Agreed to complete private arbitration by (date). [ I Private arbitrat ion completed on (date).· CJ ADf~ session not yet sched uled D D ADR session schedu led for (date). (6) Other (specify) D Agreed to comp lete A DF-{ session by (date): D ADR completed on (date). CM-110 !Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINTIFF/PETITIONER: APLUS CONTRUCTION COMPANY DEFENDANT/RESPONDENT JIANM IN WANC, 11. Insurance a. [ [ Insurance carrier, if any, for party filing this statement (name). b. Reservation of rights D Yes D No CASE NUMBER: 21CV381326 c. [ ] Coverage issues will sign ificantly affect resolution of this case (explain). 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and descri be the status. D Bankruptcy D Other (specify)' Status: 13. Related cases, consolidation, and coordination a. D There are compan ion, underlying, or re lated cases. (1) Name of case: (2) Name of court: (3) Case number (4) Status: C l Addition al cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate 14. Bifurcation wi ll be filed by (name party).· CM-110 D The party or parties intend to file a motion for an order bifurcating , severing, or coord inating the fo llowing issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions [-==i The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. [_J The party or parties have completed all discovery. b. [:=-__ ] The following discovery will be completed by the date specified (describe all anticipated discovery). Description c. 0 The following discovery issues, including issues regarding the discovery of electronica lly stored information, are anticipated (specify). motion to compel arbitration. CM -110[Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/f'ETITIONE:R Af0 L.US CONTl~UCTION COMPANY DEFENDANT/RESf00NDENT: JIANM IN WANG 17. Economic litigation CM-110 CASE NUMBER 21CV381326 a. [---:=J 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. [- I 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. I x_l The party or parties have met and conferred with all parties on all subjects required by rule 3. 724 of the Californ ia Rules of Court (if not, explain). b. D After meeting and conferring as required by rule 3.724 of the Ca li fornia Ru les of Court, the parties agree on the following (specify). 20. Total number of pages attached (if any). ____ _ I am complete ly familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute, reso lution, as we ll as other issues raised by this statement , and will possess the authority to enter into stipu l lions on these issues a~ the time of the case management conference, including the written authority of the party where required. / Date 0210712022 ___ \ U Leon Jew (TYPE OR PRI NT NAM le) (TYPE OR PRINT NAME) CM -110 [Rev. July 1, 201 1) (SI GNATUR E OF PARTY OR A HORNEY) ► (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatu res are attached. CASE MANAGEMENT STATEMENT Page 5 of 5 2 3 4 5 6 7 8 9 10 11 12 LEON E. JEW (SBN: 219298) DAYHEE LAW GROUP 5776 Stoneridge Mall Road, Suite 288 Pleasanton, CA 94588 Telephone: (925) 463-3288 Fax: (925) 463-3218 Attorney for The Company APLUS CONTRUCTION COMPANY SUPERIOR COURT OF CALIFORNIA COUNTY OF SANT A CLARA UNLIMITED CIVIL JURISDICTION Case No. 21CV381326 APLUS CONTRUCTION COMPANY 13 , a partnership, 14 15 16 17 18 19 20 21 22 24 25 26 27 28 Plaintiff, PROOF OF SERVICE OF 1. Case management statement vs . JIANMIN WANG, an individual; and DOES 1-5, inclusive, DATE: February 22, 2022 TIME: 09:00 a.m. DEPT.19 Defendants. At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Alameda, State of California. My business address is 5776 Stoneridge Mall Rd. , Ste 288 , Pleasanton, CA 94588. On the date listed below, I served a true and correct copy of the above-entitled document to: ALFRED L RINALDO, JR. LAW OFFICES OF ALFRED L RINALDO, JR. 1754 Technology Drive, Suite 120- F San Jose, CA 95110 Telephone ( 408) 482- 826 2 ') J 4 5 6 7 8 9 10 l l 12 13 14 15 16 17 18 19 20 2 1 22 24 25 26 27 28 By USPS First Class mail; and By email at: rina1do1 @pacbell .net I declare under penalty ofpe1jury under the laws of the United States of America that the.foregoing is true and correct and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on 02/07/2022 at Pleasanton, California. Sincerely,