Statement Case Management Conference

Cal. Super. - 6th Dist.April 1, 2021

ATTORNEY OR PARlY WITHOUT ATTORNEY (Name, Stale Bar be, a d add assis Nalini Rajender Frush, SBN 163545 Frush Law Offices 4115 Blackhawk Plaza Circle, Ste 100 Danville, CA 94506 TELEPHONE NO.. 925-580 - 2257 FAX NO (Optronafi. 925 - 64 8 - 2 7 97 E MAILADDREBR nalinig f rushlawo f fice s . corn ATTDRNEYFDR(Name)r Silva Contractors Inc., Geicyler Silva SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara sTREETADDREsa 191 North First Street MAILING ADDRESS cITY AND zIP coDE. San Jose, CA 9 5 1 1 3 BRANCH NAME: PLAINTIFF/PETITIONER: Joseph and Shannon Haar FOR COURTUSE ONLY CM-1'I 0 DEFENDANTIRESPONDENT: Steven E. Smith, Saratoga Pavers, Silva Contractors Inc., Geicyler Silva CASE MANAGEMENT STATEMENT (Check one)T QQ UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 13, 2021 Time: 10 I 00 A.M. Dept.: 7 Address of court (if different from the address above): CASE NUMBER. 21 CV381430 Divr Room: QQ Notice of Intent to Appear by Telephone, by (nsme)( Na1i ni Raj ender Frush INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. Qg This statement is submitted by party (name)( Silva Contractors Inc., Geicyler Silva b. ~ This statement is submitted jointly by parties (names)( 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-comp(a(nants only) a. The complaint was filed on (date)( April 1, 2021 b. ~ The cross-complaint, if any, was filed on (dste)( July 12, 2021 3. Service (to be answered by plaintiffs and cross-comp(ainants only) a. QQ All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. ~ The following parties named in the complaint or cross-complaint (1) ~ have not been served (specify names and explain why not)( (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (spec(fy names): c. ~ 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 QQ complaint ~ cross-complaint (Describe, including causes of action): Alleged construction defect in installation of custom driveway. Form Adopted f Mandatmy Use CASE MANAGEMENT STATEMENT Judkraf Co il m California m CEE(I Essentialcu-»o (Res septembe 1, 20211 ceb corn I IB Forms. Page l of 5 Cal. Rules of Court, les 3.220-3 T30 www courts.ca go Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/7/2022 11:39 AM Reviewed By: R. Fleming Case #21CV381430 Envelope: 8007927 21CV381430 Santa Clara - Civil R. Fleming PLAINTIFF/PETITIONER: Joseph and Shannon Haar DEFENDANT/RESPONDENT: Steven E. Smith et al. CASENUMBER: 21CV381430 CM-110 b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injury and damages c/aimed, including medical expenses Io date (indicate source and amount), estimated future medical expenses, lost earnings ta date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief) Alleged defect in the installation of custom residential driveway. ~ (If more space is needed, check this box and attach a page designated as Attachment 4b.) Jury or nonjury trial The party or parties request ~ a jury trial QQ a nonjury trial. (If more than one party, provide the name of each party requesting ajury trial): Trial date a. ~ The trial has been set for (date): b. QQ Na trial date has been set. This case will be ready for trial within 12 months of the date of the filing ofthe complaint (If not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a. QQ days (specify number): 3 - 4 b. ~ hours (short causes)(specify): Trial representation (Io be answered for each party) The party or parties will be represented at trial ~ by the attorney ar party listed in the caption a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:~ Additional representation is described in Attachment 8. Preference~ This case is entitled to preference (specify code section)i ~ by the following: 10. Alternative dispute resolution (ADR) a. ADR information package. Please nate 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 ~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 ~has ~has not reviewed the ADR information package identified in rule 3.221. Referral to judicial arbitration or civil action mediation (if available). (1) ~ This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 ar to civil action mediation under of Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory kmit. (2) ~ 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) ~ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or fram civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption)i CM-110 IRev September 1, 2021] IM C EEr i Essential ceb.corn IEIPsrms CASE MANAGEMENT STATEMENT Page 2 o1 0 PLAINTIFF/PETITIONER: Joseph and Shannon Heat DEFENDANT/RESPONDENT: Steven E. Smith et al. CASE NiiMSER: 21CV381430 CM-1 10 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 app/y and provide the specified information): The party or parties completing this form are willing to partiapate 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'DR stipulation): (1) Mediation ~ Mediation session not yet scheduled ~Mediation session scheduled for (dale)i ~Agreed to complete mediation by (date): ~Mediation completed an (date): (2) Settlement conference ~ Settlement conference nat yet scheduled ~ Settlement conference scheduled for (date)i ~Agreed to complete settlement conference by (date)i ~ Settlement conference completed on (date): (3) Neutral evaluation ~ Neutral evaluation not yet scheduled ~ Neutral evaluation scheduled for (dale)i ~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)i ~Agreed to complete judicial arbitration by (date)i ~ 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)i ~ Private arbitration completed on (date): (6) Other (specify); ~ADR session not yet scheduled ~ADR session scheduled for (date)i ~Agreed to complete ADR session by (dale)i ~ADR completed on (date)i CM.11 0 [Rer. September 1, 2021] EI CEB'I Essential cab corn I EIFerms. CASE MANAGEMENT STATEMENT P 0 sets PLAINTIFF/PETITIONER: Joseph and Shannon Haar DEFENDANT/RESPONDENT: Steven E. Smith et al. CASE NUMBER: 21CV381430 CM-110 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name)i b. Reservation of rights: ~ Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case ('xplain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Cl Bankruptcy ~ Other (specify): Status; 13. Related cases, consolidation, and coordination a. ~ There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:~ Additional cases are described in Attachment 13a. b. ~ A motion to ~ consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ 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~ The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. QQ The following discovery will be completed by the date specified (describe a/I anticipated discovery)i ~ra Descriotion Defs. Silva Contractors Documents Geicyler Silva Date Jnauar'y 2022 c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IRee 0 ete be 1,2021i IBI CEB i Esseatiai ceb.corn I EIForms. CASE MANAGEMENT STATEMENT Feg core PLAINTIFF/PETITIONER: Joseph and Shannon Haar DEFENDANT/RESPONDENT: Steven E. Smith et al. CASE NUMBER: 21CV381430 CM-110 17. Economic litigation a. ~ 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. ~ 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 fo discovery or trial should nof apply to this case): 18. Otherissues~ The party or parties request that the following additional matters be considered or determined at the case management conference (speixfy) i 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, exp/ain): b. ~ After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify) I 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 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: December 1, 2021 Nalini Raj ender Frush (TYPE OR PRINT NAME) Ax2/rxxx Dwy.yx~x xt(c'x) (SIGNATd84 OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CM-110 (Re . September I, 2021] Sl GEE(l Essential ceb.corn I PIForms. CASE MANAGEMENT STATEMENT Page 5 of 5 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA I am a resident of the County of Contra Costa and the State of California, United States, over the age of eighteen years, and not a party to this action. My office address is 4115 Blackhawk Plaza Circle, Suite 100, Danville, CA 94506. On December 2, 2021, I caused to be served on the parties shown below true copies of the listed documents: DEFENDANTS SILVA CONTRACTORS INC. AND GEICYLER SILVA'S CASE MANAGEMENT STATEMENT Mr. Kevin Courtney 17415 Monterey Rd., ¹204 Morgan Hill, CA 95037-3668 Tel: (408) 779-5101 Fax: (408) 779-6833 Ms. Yvonne V. Jorgensen 1600 South Main Plaza, Ste. 325 Walnut Creek, CA 94596 X By Mail: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the address listed below and placed the envelope for collection and mailing following our firm's practice of collecting and processing correspondence for mailing Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed this 2nd day of December, 2021 in Danville, California. Nalini Rajender Frush g