Statement Case Management Conference

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

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address) Kevin P. Courtney 76133 Law Offices of Kevin P. Courtney 17415 Ivlonterey Street j(204 idiorgan Hill, CA 95037 TELEPHONE NO. 4 0 8-7 7 9- 5 1 0 1 FAxNo(oplionag. 408 779 6833 E MAILADDRESS (Opaonal/ keVin8COurtneylaWgrcuP . COm ATTORNEYFOR(Name/. Plaintif f SUPER(DR DDURTDF GALIFQRNIA, coUNTY QF Santa Clara STREETADDRESS. 191 North First Street MAILING ADDRESS: cITYANDzIPGDDE. San Jose, CA 951 13 BRANCH NAME PLAINTIFF/PETITIQNER: Jo s eph Haa r Shannon Haar DEFENDANT/RESPONDENT: Steven E. Smith, Saratoga Pavers Silva Contractors Inc., Geicyler H. Silva and DOES 1-10 CASE MANAGEMENT STATEMENT (Check one)( gg UNLIMITED CASE ~ LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) orless) FOR COURT USE OIVL Y CASE NUMBER'1CV381430 CM-110 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: January 13, 2022 Time: 10100 a.m. Dept.: 7 Address of court (ff different from the address above)( Dive Room: ~ Notice of Intent to Appear by Telephone, by (name)( INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. t Party or parties (answer one): a. ~ This statementissubmittedbyparty(name): Joseph and Shannon Haar b. ~ This statement is submitted jointly by parties (names)( 2. Complaint and cross-complaint (lo be answered by plaintiffs and cross-comp/a/nants only) a. The complaint was filed on (date): April 1, 202 1 b, gg The cross-complaint, if any, was filed on (dale): July 12, 2021 3. Service (lo be answered by plaintiffs and cross-comp/a/nants only) a. ~ 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 (I) ~ have not been served (specify names and explain why no/): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (specify names): ~ The following additional parties may be added (specffy names, nature of involvement in case, and the date hy which they may be served): 4. Description of case a. Type of case in ~ complaint ~ cross-complaint (Describe, including causes of action): Construction defect. Form Adopted for Mandatory Use Judiaal Counul of California ( I [j E. SentlgiCM-110(Rey July I 20111, b FOFO(13 CASE II/IANAGEMENT STATEMENT Joseph Harr Page 1 of 5 Cal Rules ol Court, rules 3 720-3 730 a vw ooudsum gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/8/2021 11:25 AM Reviewed By: R. Fleming Case #21CV381430 Envelope: 7622263 21CV381430 Santa Clara - Civil R. Fleming PLAINTIFF/PETITIONER: Joseph Hear Shannon Hear DEFENDANT/RESPONDENT:steven E. Smith, saratoga Pavezs Silva Contractors Inc., Geicyler H. Silva CASE NUMBER CM-110 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 future lost earnings. If equitab/e relief is sought, describe the nature of the relief) Construction defect in installation of custom residential driveway. 5. ~ (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 ~ a nonjury trial. (If more than one party, provide the name ofesch party requesting a jury trial): 6. Trial date a. ~ Thetrialhas been setfor(date): b. Qg 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): Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~ days (specify number): 4 b. ~ hours (short causes) (specify)J Trial representation (to be ansyyered foreach party) The party or parties will be represented at trial ~ by the attorney or 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 B. Preference~ This case is entitled to preference (specify code section): ~ by the following: 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 ~ 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. b. 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 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) ~ 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 from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rey July 1, 2011] ( ,'jy Essential ebeem CASE MANAGEMENT STATEMENT Joseph Harr Pege 2 ei 0 PLAINTIFF/PETITIONER: Joseph Haar Shannon Haar DEFENDANT/RESPONDENT: Steven E. Smith, Saratoga Pavers Silva Contractors Inc., Geicyler H. Silva CASE NUMBER. CM-110 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 a/I that apply and provide the specifiedinformation): The party or parties completing this form are willing to participate in the following ADR processes (check a/I ihat app/y): 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 (date): ~ Agreed to complete mediation by (dste): ~ 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 (daie): ~ 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 (dste): ~ 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): ~ Pdivate arbitration completed on (date): (6) Other (specify): ~ ADR session not yet scheduled ~ ADR session scheduled for (date): ~ Agreed to complete ADR session by (dais): ~ ADR completed on (date): CM-110 IRav Jofy I, 2011 i Esserltial O&a, 'orms CASE IIIIANAGEMENT STATEMENT page 0 of 0 Joseph Harr PLAINTIFF/PETITIQNER: Joseph Ha ar Shannon Haar DEFENDANT/RESPONDENT: Steven E. Smith, Saratoga Pavers Silva Contractors Inc., Geicyler H. Silva 11. Insurance a. ~ Insurance carrier, if any, for party filing this statement (name)/ b. Reservation of rights: ~ Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (exp/a/n): CASE NUMBER. CNI-110 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.~ Bankruptcy ~ Other (spec/fy)/ 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. CI 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 (spec/ly moving party, type of motion, and reasons): 15. Other motions~ The party or parties expect to file the following motions before trial (spec/ly moving party, type of motion, and issues): 16. Discovery a. ~ The party or parties have completed all discovery. b. ~ The following discovery will be completed by the date specified (describe Parar Descriotion Plaintiff Depositions Plaintiff Document discovery a/I anticipated discovery): Date January, 2022 December, 2021 c. ~ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 IRav Joie 1, 2011I ( 11 jj'sscntial reh&om, Fcrms CASE MANAGEMENT STATEMENT Joseph Harr Pase4ofa PLAINTIFF/PETITIQNER: Joseph Haar Shannon Haar DEFENDANT/RESPONDENT: Steven E. Smith, Saratoga Pavers Silva Contractors Inc., Geicyler H. Silva CASE NUMBER: CM-110 17. Economic litigation a. ~ This is a limited civil case (i.eu 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, exp/ain specifically why economic liligalion procedures relating to discovery or trial should not apply lo this case): 18. Other issues~ The party or parties request that the following additional matters be considered or determined at the case management conference (speciiy)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, explain): b. 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): 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: 11/8/21 KPTyl n P (.o» T t TIP(y (TYPE OR PRINT NAME) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (SIGNATURE OF PARlY OR ATTORNEY) ~ Additional signatures are attached. CM-110 [Rev. July I, 2011) ("~t3'ssential ee e*m,a Fornls'ASE MANAGEMENT STATEMENT Pagegef5 JosePh Harr