Statement Case Management Conference

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

21 CV381 328 Santa Clara - Civil R. Fleming CM-1 1 0 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): I FOR COUIRT USE ONLY Ronald R. Rossi (SBN 43067) / Missy M. Comejo (SBN 281242) Electronlcally Flled Rossi, Hamerslough, Reischl & Chuck by Superior Court Of CA, 1960 The Alameda, Suite 200 County of Santa Clara, San Jose, CA 95126 on 11/22/2021 11:00 AM TELEPHONE No.: (408) 261-4252 FAX No.(0ptiona/).-(408) 261-4292 - . - E-MAIL ADDRESS. I‘P(in@1.‘h1‘0.net; missy@rhrc.net E:\S’Ieegze1dcsy3-81Régéemlng ATTORNEY FOR (Name). alntlffS SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara EnveIOPe: 771 3339 STREET ADDRESS: 191 N. First Street MAILING ADDRESS: 191 N. First StrCCt CITY AND ZIP CODE: San Jose, CA 95 1 1 3 BRANCH NAME: Santa Clara PLAINTIFF/PETITIONER: ROBERT C. SANNER, Trustee, et. a1. DEFENDANT/RESPONDENT: SYED AON MUJTABA, Trustee, et. a1. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): D UNLIMITED CASE D LIMITED CASE 21CV381328 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: December 7, 2021 Time: 10:00 a.m. Dept.: 7 Div.: Room: Address of court (if different from the address above): m Notice of Intent to Appear by Telephone, by (name): Missy M. Cornejo, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. D This statement is submitted by party (name): b. E This statement is submitted jointly by parties (names):PlaintiffS ROBERT C' SANNER and BARBARA MOOR SANNER’ Trustees of the Robert and Barbara Sanner Family Trust of 1983, dated December 28, 1983 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. E A|| 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) 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 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): Nuisance, Preliminary and Permanent Injunctive Relief Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal. Rules of Court, Judicial Council of California .CEB‘ Essential rules 3.720-3.730 CM-11O [Rev. September 1, 2021] ceb com Epormg www.coun‘s.ca.gov CM-110 PLAINTIFF/PETITIONER: ROBERT C. SANNER and BARBARAMOOR SANNER, Trustees CASE NUMBER: and Barbara Sanner Family Trust 0f 1983, dated December 28, 1983 21CV381328 DEFENDANT/RESPONDENT: SYED AON MUJTABA, Trustee of The Syed Aon Mujtaba Revoc and DOES 1-10, inclusive, 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.) Three (3) trees along the common boundary between Plaintiffs' property and Defendant's property are causing damage t0 Plaintiffs' property. Defendant purchased his property With knowledge 0f these issues and has refused t0 pay for repairs. Defendant has acknowledged that the trees and their roots are causing damage but has refused t0 remove the trees 0r reimburse Plaintiffs for their repairs t0 the damage caused by the trees.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 m 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. m 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 wi|| not be available for trial (specify dates and explain reasons for unavailability): Counsel will bring a trial calendar to the hearing. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. m days (specify number): 5 b. D hours (shortcauses) (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 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. PreferenceD 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 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 seIf-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 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. September1, 2021] CASE MANAGEMENT STATEMENT Page20f5 .CEB‘ Essential ceb.com EM" CM-110 and DOES 1-10, inclusive, PLAINTIFF/PETITIONER: ROBERT c. SANNER and BARBARAMOOR SANNER, Trustees and Barbara Sanner Family Trust 0f 1983, dated December 28, 1983 DEFENDANT/RESPONDENT: SYED AON MUJTABA, Trustee of The Syed Aon Mujtaba Revoc CASE NUMBER: 21CV381328 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 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 pan‘ies'ADR processes (check all that apply): stipulation): m Mediation session not yet scheduled (1) Mediation w D Mediation sessmn scheduled for (date):D Agreed to complete mediation by (date): D Mediation completed on (date): (2) Settlement conference 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 D D Neutral evaluation not yet scheduled D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): (4) Nonbinding judicial D arbitration 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 D arbitration 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): D 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] .CEB‘ Essential ceb.com EM" CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 DEFENDANT/RESPONDENT: SYED AON MUJTABA, Trustee of The Syed Aon PLAINTIFF/PETITIONER: ROBERT C. SANNER and BARBARAMOOR SANNER, Trustees CASE NUMBER: and Barbara Sanner Family Trust 0f 1983, dated December 28, 1983 21CV381328 Mujtaba Revocable Trust and DOES 1-10, inclusive, 11. 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): 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. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. BifurcationD 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 motionsD 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): PaJt Descrigtion m Plaintiffs Written Discovery June 2022 Plaintiffs Depositions June 2022 Plaintiffs Expert Discovery Per Code c. D 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 .CEB‘ Essential ceb.com EM" CM-110 PLAINTIFF/PETITIONER: ROBERT C. SANNER and BARBARAMOOR SANNER, Trustees CASE NUMBER: and Barbara Sanner Family Trust 0f 1983, dated December 28, 1983 21CV381328 DEFENDANT/RESPONDENT: SYED AON MUJTABA, Trustee of The Syed Aon Mujtaba Revoc and DOES 1- 10, inclusive, 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 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. E 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. 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): O- | 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: November 22, 2021mmmm ’ /s{/ MWyM.COVV\9j0- (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)D Additional signatures are attached. CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 .CEB‘ Essential ceb.com EM" Rossi, Hamerslough, Reischl & Chuck 1960 The Alameda Suite 200 San Jose, CA 95 126-1493 (408) 261-4252 Fax (408) 261-4292 \DOONQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA: I, the undersigned, state that I am a citizen of the United States and am employed in the County 0f Santa Clara; that I am over the age 0f eighteen (1 8) years and not a party to the Within action; and that my business address is 1960 The Alameda, Suite 200, San Jose, CA 95 126-1493. On the date set forth below, I served the following documents: CASE MANAGEMENT STATEMENT on the person(s) listed below: John R. Brydon (Bar No. 83365) Attorneys for Defendant Syed Aon Dalen Saludes (Bar N0. 251963) Mujtaba, Trustee Amber Lee Kelly (Bar No. 117006) of the Syed Aon Mujtaba Revocable Trust DEMLER, ARMSTRONG & ROWLAND, LLP 101 Montgomery Street, Suite 1 800 San Francisco, CA 940 14 Telephone: (4 1 5) 949- 1 900 Facsimile: (4 1 5) 354-83 80 Emails: bg@darlaw.com; alk@darlaw.com: Qil@darlaw.com (BY ELECTRONIC TRANSMISSION) Pursuant t0 C.C.P. §1010.6, by my contemporaneous submission herewith t0 a Court-approved electronic filing service provider, I caused said document(s) t0 be transmitted by electronic transmission 0n this date t0 the electronic service address(es) 0f the addressee(s). A true and correct copy of said provider’s electronic notification 0f service [C.C.P. §1010.6(a)(1)(C)] Will be produced if requested by any party to the Within action 0r the Court. E (BY ELECTRONIC TRANSMISSION) I caused said document(s) t0 be transmitted by electronic mail service on this date to the offices of addressee(s), using the email addresses noted above. My email address is carmen rhrc.net. (STATE) I declare under penalty 0f perjury under the laws of the State 0f California that the foregoing is true and correct. Executed 0n November 22, 2021 at San Jose, California. /s/CMWV Me/vwlw CARMEN MENDEZ