Statement Case Management Conference

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

21 CV381452 Santa Clara - Civil SvQMnH/Qrem ATTORN EY OR PARTY WITHOUT ATTORNEY (Name, Stare Bar number, and address): FOR COURT USE ONLY Sarahann Shapiro 157122 . . Pahl & McCay Electronically FIled 225 West Santa Clara Street, Suite 1500 by Superior Court 0f CA, San Jose , CA 95113 County of Santa Clara, TELEPHONE N0; (4 08) 286 -~ 5100 FAX N0.(0pn'ona:): (408) 286 - 5722 on 7/20/2021 6:07 PM E-MAIL ADDRESS (Opri'onau: SShapiro@pahl ~m0Gay . com ' - manna FOR {Name}; CAMDEN PARK LLC Eggleegzefcsg'sflggem SyStem SUPERIOR COURT 0F CALIFORNEA, COUNTY 0F SANTA CLARA smemomesa; :L 9 1 NORTH FIRST STREET E“V9'°pe: 6889545 MAILING ADDRESS: CITYANDZIPCODE: SAN JOSE, CA 95113 BRANCH NAME: PLAINTIFFIPETITIONER: CAMDEN PARK LLC, a Delaware limited liability company DEFENDANTIRESPONDENT: ADVANCE AMERICA, CASH ADVANCE CENTERS 0F California, LLC, et a1 CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): Q UNLIMHED CASE D LIMITED CASE 2 1CV3 8 14 5 2 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduied as foiiowsz Date: August l 0 , 2 02 l Time: 3 : 4 5 pm Dept; 19 Div; Room: Address 0f court (If different from the address above): m Notice of Intent to Appear by Telephone, by (name): Sarahann Shapiro iNSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. m This statement is submitted by party (name): Camden Park LLC, a Delaware limited liability company b. a This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-compfainants only) a. The compiaint was filed on (date): April 1 , 2 02 l b. a The cross-complaint. if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-compiainants only) a. m All parties named in the complaint and cross-compiaint have been served, have appeared. or have been dismissed. b. D The foliowing parties named in the complaint orcross-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 defauit entered against them (specify names): c. D The following additional parties may be added (specify names, nature of invofvement in case, and the date by which they may be served): 4. Descripfion of case a. Type of case in E] complaint D cross-complaint (Describe, including causes of action): Breach of Lease Page 1 of 5 Form Adopted for Mandate Use _ . Ca1. Rules of Court, JudiciaI CouncilorCamgnaa CEB Essential CASE MANAGEMENT STATEMENT :utes 3320-3130 0M4 10 ERev. July 1, 201 1] Cab com fiForms- www.courfscagov SO30 . 003 CM-110 DEFENDANT/RESPONDENT: ADVANCE AMERICA, CASH ADVANCE CENTERS 0F c PLAENTIFF/PETITIONER:CAMDEN PARK LLC, a Delaware limited CASENUMBER: liability company 21CV381452 a Delaware limited liability company, fka ADVANCE AMERICA, CASH 4. b. Provide a brief statement of the case, inciuding any damages. (prersona! fnjuqx damages are sought, specify the injury and damages claimed, including medicaf expenses to date [indicate source and amount], estimated future medicaf expenses, lost earnings to date, and estimated future lost eamfngs. If eqw’tabie relief is sought, describe the nature of the relief.) Plaintiff failed to pay rent due under its lease in an amount no less than $48,775.87, through the filing of the Complaint additional damages have since accrued. 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 D a fury trial m a nonjury trial. (Ifmore than one parfy, provide the name of each party requesting a jury trial): 6. Triai date a. D The triai has been set for (dare): b‘ E No triat date has been set. This case will be ready for trial within 12 months ofthe date of the filing of the compiaint {ff not, explain): c. Dates 0n which parties or attorneys will not be available for trial (specify dates and expfain reasons for unavaifabflity): To be provided at Trial Setting Conference 7. Estimated length of trial The party or parties estimate that the trial wili take (check one): a. m days (specify number): one b. a hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties wiil be represented at triai E by the attorney or party listed in the caption D by the foliowing: 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_ Preference [2 This case is entitied to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Piease note that different ADR processes are avaiiable 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 a has m has not provided the ADR information package identified in rule 3.221 t0 the ciient 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 avaiiable). (1) D This matter is subject to mandatory judicia! 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 iimit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) D This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-HoiRev. July 1.20111 CASE MANAGEMENT STATEMENT Pagezors "T' ' Essentia!(fig 359mg 5030.003 CM-‘l’iO "m liability company a Delaware limited liability company, PLAINTiFF/PETETIONER1CAMDEN PARK LLC, a Delaware limited DEFENDANT/RESPONDENT: ADVANCE AMERICA, CASH ADVANCE CENTERS 0F c fka ADVANCE: AMERICA, CASH CASE NUMBER: 21CV381452 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 aN that appiy and provide the specified information): The party or parties compieting this form are willing to participate in the folEowing ADR processes (check aH that apply): Ifthe 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 ® m Mediation session not yet scheduled D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation compieted on (dare): (2) Settlement conference E m Settiement conference not yet schedufed D Settlement conference scheduied for (date): C] 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 scheduied for (date): D Agreed to complete neutral evaluation by (date): D Neutrat evaluation compteted on (date): (4) Nonbinding judiciat D arbitration D Judiciai arbitration not yet scheduted C] Judicial arbitration scheduled for (date): D Agreed t0 complete judiciai arbitration by (date): D Judicial arbitration compieted 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): a D ADR session not yet scheduled D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (dare): CM-11o (Rev. July 1. 201 11 i“ ' Essentia! gig HEM“ CASE MANAGEMENT STATEMENT Page 3 oi 5 5030 . 003 CM-110 _’" liability company 2167381452 DEFENDANTIRESPONDENT: ADVANCE AMERICA, CASH ADVANCE CENTERS OF CAL a Delaware limited liability company, fka ADVANCE AMERICA, CASH PLAINTIFFIPETJTIONER:CAMDEN PARK LLC, a Delaware limited CASENUMBER: 11. '12. 13. 14. 15. 16. Insurance a. C] 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 0f this case (expiain): Jurisdiction Indicate any matters that may affect the court's jurisdiction 0r processing of this case, and describe the status.D Bankruptcy D Other (specify): Status: Reiated cases, consolidation, and coordination a. a There are companion. underlying. or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:D Additionai cases are described in Attachment 138. b. D A motionto D consolidate E] coordinate wiil be filed by (name party): BifurcationD The party 0r parties intend to file a motion for an order bifurcating. severing, or coordinating the foilowing issues or causes 0f ackion (specify moving party, type ofmotion, and reasons): Other motionsE The party or parties expect to file the foitowing motions before trial (specify movfng party, type 0f motfon, and issues): Motion to Ammend Complaint to add damages accrued since filing unless defendant stipulates to such filing. Discovery a. D The party or parties have completed all discovery. b. m The foilowing discovery will be compieted by the date specified (describe aH anticipated discovery): Pa_rty Descrigtion Qgtg Plaintiff Written Discovery October 2021 Plaintiff Deposition of PMK January 2022 c. a The following discovery issues, including issues regarding the discovery of eiectronicaily stored information, are anticipated (specify): CM410 ERBV- JUW 1. 2011] CASE MANAGEMENT STATEMENT Page 4 °f5 FTL ”g Essential ceb.com1£§jF_ow' 5030.003 CM-11D _ PLAINTIFF/PETITIONER: CAMDEN PARK LLC, a Delaware limited CASENUMBER: liability company 21CV381452 DEFENDANT/RESPONDENT: ADVANCE AMERICA, CASH ADVANCE CENTERS 0F CA a Delaware limited liability company, fka ADVANCE AMERICA, CASH 1T. Economic litigation a. D This is a limited civil case (i.e.. the amount demanded is $25,000 or iess) 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, expiain 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 foliowing additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. D 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 nor, 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): _____ l 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 20, 2021 Sarahann Shapiro ’7V f Q3 (TYPE 0R PRINT NAME) (SIGMURE OFWRNEY) [TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-HOIRev» Jum. 20111 CASE MANAGEMENT STATEMENT Pagesofs F ’ Essential 8.5;?“ mm 5030 . 003