Statement Case Management Conference

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

CM-110 ATTORNEY OR PARTY WITHOUT ATTOl~NEY (Name. Stale Bar numb€1. and actdn?ss) FOR COURT USE ONLY L.eon Jew (SBN 2·19298) 5776 Stoneridge Mall Rd , Suite 288 Pleasanton, CA 94588 TELEPHONE l"O. (408) 359-5915 FAX NO. (Optional). (925) 463-3218 E-MAIL ADDRESS (Optional): leon.jew@dahyee.com; tyson.lin@clahyee.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 DEFENDANT/RESPONDENT: JIANMIN WANG CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): 0 UNLIMITED CASE CJ LIMITED CASE 21 CV381326 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENC E is scheduled as follows Date Aug. 10, 2021 Time: 345PM Dept: 19 Div. Room: Address of court (if different from the address above): [K] 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. L x I This statement is submitted by party (name). APL.US CONTRUCTION COMPANY b. [==1 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). 03/25/2021 b. CJ The cross-complaint, if any, was filed on (date). 3. Service (to be answered by plaintiffs and cross-complainants only) a [KJ All parties named in the complaint and cross--compla int have been served , have appeared, or have been dismissed. b. CJ The following parties named in the complaint or cross-complaint ( 1) [-] 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. 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 [K] complaint D cross-complaint (Describe. including causes of action)." Plaintiff alleges that Defendant breached a home remodeling contract by failing to make payment Form Adopted for Manda tory Use .Judicial Counc il of California CM-110{Rev July 1 2011] CASE MANAGEMENT STATEMENT Page 1 of 5 Cal. Rules of Cowt, rules 3. 720-3. 730 www.cou11s.ca .gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/6/2021 11:42 AM Reviewed By: System System Case #21CV381326 Envelope: 7012077 21CV381326 Santa Clara - Civil System System CM-110 PLAINTIFF/PETITIONER: APLUS CONTRUCTION COMPANY DEFENDANT/RESPONDENT 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 dale [indicate source and amount]. estimated future medical expenses, Jost earnings to date, and estimated future Jost earnings. If equitable relief is sought, describe the nature of the relief) breach of contract D (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 0 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. [8J No trial date has been set Th is 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): 7. Estimated length of trial The party or parties estimate that the trial will take (check one) a. days (specify number): 1-3 b. hours (short causes) (specify). 8. Trial representation (to be answered for each party) The party or parties will be represented at trial Q-J by the attorney or party listed in the caption D by the following a. Attorney: b. Firm: c. Address: d. Telephone nu mber: f. Fax number: e. E-mail address g. Party represented: [~ Additional representation is described in Attachment 8. 9. Preference D This case is entitled to preference (specify code section) 10. Alternative dispute resolution (AD R) 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 0 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 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 rul e 3.811 of the Californ ia Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption). CM-110 [Rev . July 1, 2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER APLUS C0NTRUCTI0N COMPANY DEFENDANT/RESP0NDOJT JIANMIN WANG CASE NUMBER· 21CV381326 10 c. Indicate the ADR process or· processes that the party or parties are will ing to participate in , have agreed to participate in, or have already participated in (check all that apply and provide the specified information) The pariy or parties completing If the party or parties completing 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 following ADR indicate the status of the processes (attach a copy of the parties ' ADR processes (check all that apply): stipulation) : CR] Mediation session not yet scheduled (1) Mediation CK] c:J Mediation session scheduled for (da te). c:J Agreed to complete mediation by (date). c:J Mediation completed on (dale). CR] Settlement conference not yet scheduled (2) Settlement cg c:J Settlement conference scheduled for(date) conference c:J Agreed to complete settlement conference by (date). c:J Settlement conference completed on (date).· c:J Neutral evaluation not yet scheduled c:J Neutral evaluation scheduled for (date) . (3) Neutral evaluation c:J Agreed to complete neutral evaluation by (date): c:J Neutral evaluation completed on (date): c:J Judicial arbitration not yet scheduled ( 4) Non binding judicial c:J Judicial arbitration scheduled for (date) arb itration c:J Agreed to complete judicial arbitration by (date): c:J Judicial arbitration completed on (date): c:J Private arbitration not yet scheduled (5) Binding private c:J Private arbitration scheduled for (date) . arbitration c:J Agreed to complete private arbitration by (da te). c:J Private arb itration completed on (date) [ __ _] ADf~ session not yet scheduled (6) Other (specify) c:J ADR session scheduled for (date) .· c:J Agreed to complete ADR session by (date).· D ADR completed on (date) . CM-110{Rev July 1.2011] CASE MANAGEMENT STATEMENT Page 3 of 5 PLAINT IFF/PETITIONER APLUS CONTRUCTION COMPANY DEFENDANT/RESPONDENT: JIANMIN WANG 11. Insurance a Insurance carTier, if any , for party filing this statement (name). b. Reservation of rights D Yes D No CASE NUMBER: 21CV381326 c. D 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. c::::J Bankruptcy D Other (specify) Status 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case (2) Name of court (3) Case number ( 4) Status [==:J Additional cases are described in Attachment 13a. b A motion to D consolidate C::J coordinate 14. Bifurcation will be filed by (name party). CM-110 c::::J 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. c::::J The following discovery will be completed by the date specified (describe all anticipated discovery): Desqjption Date c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify). motion to compel arbitration. CM-110[Rev. July 1, 2011) CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIONER: APLUS CONTRUCTION COMPANY DEFENDANT/RESPON DENT: JIANMIN WANG 17. Economic litigation CASE NUMBER 21CV381326 CM-110 a. D This is a limited civil case (ie. , the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-·98 wil l apply to this case b. C 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 C The par1y or parties request that the following additional matters be considered or determined at the case management conference (specify). 19. Meet and confer a. ~ 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) b. C After meeting and conferring as requi1·ed 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).· ____ _ 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 w ill 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 requi red. Date 08/05/2021 Leon Jew CM-110 [Rev July 1. 2011J (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) C Additional signatures are attached. CASE MANAGEMENT STATEMENT Page 5 of 5 POS-050/EFS-050 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO 219,2913 FOR COURT USE ONLY NAME Leon Jew FIRM NAME DAHYEE LAW GROUP STREET ADDRESS 5776 STONERIDGE MALL RD, SUITE 288 CITY PLEASANTON STATE CA ZIP CODE 945813 TELEPHONE NO .. 4083595915 FAX NO 9254633218 E-MAIL ADDRESS I eon .jew@dahyee.com; tyson. Ii n@dahyee .co m ATTORNEYFOR(name) MING-CHENG HSIAO and WENYUAN FAN SUPERIOR COURT OF CALIFORN IA, COUNTY OF SANT A CLARA ST!,Ei:T ADDR ESS. 191 N _ First Street MAILING ADDRESS 191 N. First Str·eet CITY AND ZIP CODE San Jose, 951 13 BRANCH NAME DOWNTOWN SUPEl~IOI~ COURT PLAINTI FF/PETITIONER APLUS CONTRUCTION COMF:,ANY DEFENDANT/RESPONDENT JIANMIN WANG PROOF OF ELECTRONIC SERVICE I am at least 18 years old. a. My residence or business address is (specify): 5776 STONERIDGE MALL RD, SUITE 288 b. My electronic service address is (specify). tyson lin@dahyee.com 2. I electronically served the following documents (exact titles). Plaintiff's case management conference statement CASE NUMBER: 21CV381326 JUDICIAL OFFICER: DEPARTMENT: IT] The documents served are listed in an attachment (Form POS-050(O)/EFS-050(O) may be used for this purpose.) 3. I electronically served the documents listed in 2 as follows: a. Name of person served Alfred Rinaldo Jr. On behalf of (name or names of parties represented, if person se/1/ed is an attorney)." A PLU~ (aV\S-ffiVC-fJu/1/ CoMPA/11'( b. Electronic service address of person served : rinaldo1@pacbell .net c On (date). 08/06/2021 IT] The documents listed in item 2 were served electronically on the persons and in the manner described in an attachment (Form POS-050(P)IEFS-050(P) may be used for this purpose.) Date 08/06/202 1 I declare under penalty of perJury under the laws of the State of California that t Tyson M. Lin (TYPE OR PRl~IT NAME OF DECLARANT) Forrn Approved for Optional Use Judicial Council of California POS-050/EFS-050 IRev. February 1, 2017] PROOF OF ELECTRONIC SERVICE (Proof of Service/Electronic Filing and Service) Page 1 of 1 Cal. Rules of Court, rule 2 251 wvtw.courts.ca.gov