Statement Case Management Conference

Cal. Super. - 6th Dist.March 26, 2021

21 CV381 389 Santa Clara - Civil QMeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY STEVEN SHERIFF ABERN / TRACY A. WARNER (Bar # 148690 / 328729) . . Haapala, Thompson & Abern, LLP EleCtron'cally Flled 1939 Harrison Street, Suite 800 by superior court 0f CA, Oakland, CA 94612 County of Santa Clara, TELEPHONE No.: (5 1 0) 763_2324 FAX No. (Optional): (5 1 0) 273_8570 on 7/26/2021 2 : 1 8 PM E-MA'L ADDRESS (Optional)= sabern@htalaw.com Reviewed By: System System ATTORNEY FOR (Name): Defendants SUNDEEPA COLOMBAGE and JAMIE DO case #21 cv331 339 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA Envelope: 6923760 STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose 951 13 BRANCH NAME: Downtown Superior Courthouse PLAINTIFF/PETITIONER: IRENE GARCIA DEFENDANT/RESPONDENT: SUNDEEPA COLOMBAGE, et a1. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE E LIMITED CASE (Amount demanded (Amount demanded is $25,000 2 1cv38 1 389 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE iS scheduled aS fOIIOWSI Date: August 10, 2021 Time: 3200 PM Dept: 20 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): TRACY A. WARNER, ESQ. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): SUNDEEPA COLOMBAGE and JAMIE DO b. E 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. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature ofinvolvement in case, and date by which they may be served): 4. Description of ca_se a- Type 0f 0339 In complaint E cross-complaint (Describe, including causes of action): Landlord / Tenant Page 1 of 5 F AdtdfMdt U CI.R| fC rt, oflfidiciglpciuntgil o?nCa?ifg:¥1iase CASE MANAGEMENT STATEMENT raulesu3é;2%-3(.)7U30 CM-1 10 [Rev. July 1, 201 1] www.coun‘s.ca.gov LexisNexis® Automated California Judicial Council Forms CM-110 k PLAINTIFF/PETITIONER: IRENE GARCIA CASENUMBER: DEFENDANT/RESPONDENT: SI INDEEPA COLOMBAGE, et a1_ 21CV381389 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 alleges habitability defects among other complaints. Plaintiff prays for general and special damages. E (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 a jury trial E a nonjury trial. (If more than one party, provide the name of each pan‘y requesting a jury trial): 6. Trial date a. E The trial has been set for (date): b. 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): Please see Attachment 6C. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3-5 Days b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e- E'ma“ addr9353 g. Party represented:E Additional representation is described in Attachment 8. 9. PreferenceE 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 has E 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: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is sub'ect to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under ode of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E 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) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): 0M4“) [Rev' Ju'y 1' 2°11] CASE MANAGEMENT STATEMENT Page 2 °f5 LexisNexis® Automated California Judicial Council Forms CM-110 DEFENDANT/RESPONDENT= SUNDEEPA COLOMBAGE etal. PLAINTIFF/PETITIONER: IRENE GARCIA CASE NUMBER: 21CV381389 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 DUDE 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 Private arbitration not yet scheduled Private arbitration scheduled for (date): DUDE DUDE DUDE DUDE DUDE arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 201 1] Page 3 of 5 CASE MANAGEMENT STATEMENT LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER; IRENE GARCIA CASE NUMBER: _DEFENDANT/RESP0NDENT: SUNDEEPA COLOMBAGE, et a1. 2107381389 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): Mercury Insurance Company b. Reservation of rights: Yes E No c. E 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.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a. E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E A motion to E consolidate E coordinate will be filed by (name party): 14. BifurcationE 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 pan‘y, type of motion, and reasons): 15. Other motionsE The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery wi|| be completed by the date specified (describe all anticipated discovery):m Descrigtion E Defendants Initial Written Discovery August 2021 Defendants Plaintiff‘s Deposition TBD Defendants Expert Discovery Per Code C_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110[Rev.July 1,2011] CASE MANAGEMENT STATEMENT Page4of5 LexisNexis® Automated California Judicial Council Forms CM-110 PLAINTIFF/PETITIONER: IRENE GARCIA CASE NUMBER: BEFENDANT/RESPONDENT: SUNDEEPA COLOMBAGE, et a1. 21CV381389 17. Economic litigation a.E This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 wi|| apply to this case. b.E This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issuesE The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 ofthe California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 1 | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: July 26, 2021 ff_ STEVEN SHERIFF ABERN / TRACY A. WARNER pa MM.) r (TYPE OR PRINT NAME) ($NATURE 0F PARTY OR ATTORNEY) D (TYPE 0R PRINT NAME) (SIGNATURE 0F PARTY 0R ATTORNEY)E Additional signatures are attached. CM-m [ReV-Ju'v 1V 2°11] CASE MANAGEMENT STATEMENT Pages“ LaxisNexis® Automated California Judicial Council Forms PLAINTIFF/RESPONDENT: IRENE GARCIA DEFENDANTRESPONDENT: SUNDEEPA COLOMBAGE, et a1. CASE NUMBER: Dates 0n which parties or attorneys will not be available for trial (speczfv dates and explain ATTACHMENT 6c reasons for unavailability): Unavailable: Reason w County 08/16/21 Trial Huerta-Olivier v. 320 San Francisco Alemany 08/1 8/21 Trial City 0f Oakland V. Young Alameda 08/30/21 Trial Puckett v. Hungate San Francisco 09/02/21 MSC Coleman v. Mann, Sullivan Alameda 09/14/21 Pre-Trial Coleman v. Mann, Sullivan Alameda 09/27/21 Trial Coleman v. Mann, Sullivan Alameda 10/0 1/2 1 Trial Olson v. Vargas-Settling Sonoma 10/04/21 Pre-MSC Walter v. Thomas Alameda 11/05/21 Trial Duenas v. Sonoma County Sonoma Resource Recovery, et al. 1 1/ 1 6/21 MSC Walter v. Thomas Alameda 12/13/21 Trial Reed v. Sims San Francisco 12/ 1 3/21 Trial Walter v. Thomas Alameda 12/14/21 MSC Meyers v. Ghezavat Alameda 01/03/22 Pre-MSC Feng v. Leung Alameda 0 1/07/22 MSC Taylor v. Best Bay Alameda Apartments, Inc. 01/14/22 Trial Meyers v. Ghezavat Alameda O 1/24/22 Trial Steve-Fagbemi San Francisco 01/25/22 PTC Taylor v. Best Bay Alameda Apartments, Inc. 02/02/22 MSC Elliot v. Sequoia 592, LLC, er Alameda al. 02/07/22 Trial Taylor v. Best Bay Alameda Apartments, Inc. 02/07/22 Trial Beal v. Parrish San Francisco 02/14/22 MSC Feng v. Leung Alameda 02/18/22 PTC Elliot v. Sequoia 592, LLC, et Alameda al. 02/28/22 Trial Elliot v. Sequoia 592, LLC, et Alameda al. 03/07/22 PTC Feng v. Leung Alameda 03/14/22 Trial Feng v. Leung Alameda 03/14/22 MSC Martin v. Martinez Alameda 03/17/22 MSC Safeco v. Grab Alameda CASE MANAGEMENT STATEMENT ATTACHMENT 6c PLAINTIFF/RESPONDENT; IRENE GARCIA CASE NUMBER; DEFENDANTRESPONDENT; SUNDEEPA COLOMBAGE, et a1. Unavailable: Reason w County 03/17/22 Trial Lewis v. Miloglav, et al. Santa Cruz 04/08/22 PTC Safeco v. Grab Alameda 04/08/22 PTC City 0f0akland v. Alameda Hegenberger Rd. Partners, LP 04/18/22 Trial Safeco v. Grab Alameda 04/18/22 Trial City 0f0akland v. 675 Alameda Hegenberger Rd. Partners, LP 04/22/22 PTC Martin v. Martinez Alameda 05/02/22 Trial Martin v. Martinez Alameda 05/06/22 MSC Loeum v. Tavares Alameda 05/1 1/22 MSC Funiestas v. Upside Gadz'ng Alameda 05/20/22 Trial Loeurn v. Tavares Alameda 05/23/22 Trial Jones v. Nguyen Alameda 06/03/22 Trial Funiestas v. Upside Gading Alameda 06/07/22 MSC Padlan v. Randle Alameda 06/14/22 MSC Cerrudo v. Tavares Alameda 06/16/22 MSC Wall v. Tumkur Alameda 06/17/22 Trial Padlan v. Randle Alameda 06/21/22 MSC Pacheco v. Donnelly, et al. Alameda 06/24/22 PTC Cerrudo v. Tavares Alameda 07/08/22 Trial Wall v. Tumkur Alameda 10/25/22 MSC Villanueva v. Lam Alameda 09/12/22 Trial Sharafi/ar v. Violet Alameda 10/1 1/22 MSC Khuu v. Collins Alameda 10/21/22 PTC Khuu v. Collins Alameda 11/07/22 Trial Khuu v. Collins Alameda 1 1/1 8//22 Trial Villanueva v. Lam Alameda 12/14/22 MSC Thomason v. Morrow Alameda 07/1 1/22 Trial Cerrudo v. Tavares Alameda 07/18/22 Trial Pacheco v. Donnelly, et al. Alameda 01/06/23 Trial Thomason v. Morrow Alameda CASE MANAGEMENT STATEMENT ATTACHMENT 6c Haapala, Thompson & Abern LLP Attorneys At Law Park Plaza Building 1939 Harrison St, Suite 800 Oakland, California 94612 Telephone: 510-763-2324 Facsimile: 510-273-8534 \OOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Kyrstin N. Hampton certifies and declares as follows: I am employed in the County 0fAlameda, State of California. I am over the age 0f 18 years, and not a party t0 this action. My business address is 1939 Harrison Street, Suite 800, Oakland, California, 94612-3527. On July 26, 2021, I served the foregoing document described as DEFENDANTS SUNDEEPA COLOMBAGE AND JAMIE DO’S CASE MANAGEMENT STATEMENT on all interested parties in this action, in the manner set forth below. g By Electronic Service: By personally emailing the document(s) t0 the persons at the e- mail address(es) listed below. Service is based 0n CCP 1010.6(e)(1), “A party represented by counsel, who has appeared in an action 0r proceeding, shall accept electronic service 0f a notice or document that may be served by mail, express mail, overnight delivery, 0r facsimile transmission. Before first serving a represented party electronically, the serving party shall confirm by telephone or email the appropriate electronic service address for Counsel being served.” Binh Bui, Esq. The Law Offices 0f Binh Bui 333 H Street, Suite 5000 Chula Vista, CA 91910 Telephone: (858) 384-2755 Facsimile: (866) 388-4886 Email: admin@ainglaw.com Attorneys for PlaintiffIRENE GARCIA I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. Executed on July 26, 2021, at Oaklan , California. Kyrstin N. Ifléton Proof 0f Service/Pg. 1 Irene Garcia v. Sundeepa Colombage, et al. DEFENDANTS SUNDEEPA COLOMBAGE AND JAMIE DO’S CASE MANAGEMENT STATEMENT