Statement Case Management Conference

Cal. Super. - 6th Dist.March 30, 2021

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Robert E. Wall (SBN 108114) The Grunsky Law Firm PC 240 Westgate Drive Watsonville, CA 95076 TELEPHONE NO.: (83 1) 722-2444 FAX NO (Optional): (83 1) 722-6153 E-MAIL ADDRESS. rewall@grunskylaw.com ATTORNEY FOR (Name): Plaintiff, California Mutual Insurance SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 95113 BRANCH NAME: PLAINTIFF/PETITIONER: CALIFORNIA MUTUAL INSURANCE CO. DEFENDANT/RESPONDENT: JOHNSON CONTROLS plc., et al. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): zi UNLIMITED CASE D LIMITED CASE 21CV381528 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 8, 2022 Time: 10:00 a.m. Dept.: 19 Div.: Room Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Robert E. Wall 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): California Mutual Insurance Company b. Ul 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): March 30, 2021 b. al The cross-complaint, if any, was filed on (date): June 16, 2021 by A Total Fire 3. Service (to be answered by plaintiffs and cross-complainants only) Protection Company, Inc. a. All 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) L:1 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 complaint D cross-complaint (Describe, including causes of action): Subrogation action for property damage alleging strict products liability and negligence. Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California INICE15 CM-110 [Rev. September 1, 2021] ceb.com Essential cE Forms- CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov Americas Best (CMSU 25767) Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/20/2022 11:59 AM Reviewed By: R. Fleming Case #21CV381528 Envelope: 8099412 21CV381528 Santa Clara - Civil R. Fleming CM-110 PLAINTIFF/PETITIONER: CALIFORNIA MUTUAL INSURANCE CO. CASE NUMBER: 21CV381528 DEFENDANT/RESPONDENT: JOHNSON CONTROLS plc., et al. 4. 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 equitable relief is sought, describe the nature of the relief.) Water loss as a result of failed sprinkler system causing damage to plaintiffs insured property. Damages paid are $134,823.33. LI (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 LI' a jury trial 0 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. a] 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): 5/16/22 (trial); 5/26/22-6/2/22 (vacation); 6/6/22 (trial); 7/25/22 (trial); 11/15/22 (trial); 2/21/23 (trial); 3/13/23 (trial). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 3-4 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial ZI 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: D Additional representation is described in Attachment 8. by the following. 9. Preference D 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 D 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 self-represented parties: Party has 1:-.1 has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) 0 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 1141.11. (3) ZI 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. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 MCEB" Essential ceb.com JForms- Americas Best (CMSU 25767) CM-110 PLAINTIFF/PETITIONER: CALIFORNIA MUTUAL INSURANCE CO. CASE NUMBER 21CV381528 DEFENDANT/RESPONDENT: JOHNSON CONTROLS plc., et al. 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 Lla al Mediation session not yet scheduled Mediation session scheduled for (date): 1::1 Agreed to complete mediation by (date): 1:3 Mediation completed on (date): (2)Settlement conference ® p 0 Settlement conference not yet scheduled Settlement conference scheduled for (date): Q Agreed to complete settlement conference by (date): Q Settlement conference completed on (date): (3)Neutral evaluation 11 Q Neutral evaluation not yet scheduled Q Neutral evaluation scheduled for (date): La Agreed to complete neutral evaluation by (date): Q Neutral evaluation completed on (date): (4)Nonbinding judicial arbitration C.1 Q Judicial arbitration not yet scheduled p Judicial arbitration scheduled for (date): Q Agreed to complete judicial arbitration by (date): Q Judicial arbitration completed on (date): (5)Binding private arbitration lil Private arbitration not yet scheduled [j Private arbitration scheduled for (date): D Agreed to complete private arbitration by (date): Q Private arbitration completed on (date): (6)Other (specify): Q ADR session not yet scheduled La ADR session scheduled for (date): 11 Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. September 1, 20211 CEE1 Essential ceb.com t Forms- CASE MANAGEMENT STATEMENT Page 3 of 5 Americas Best (CMSU 25767) CM-110 PLAINTIFF/PETITIONER: CALIFORNIA MUTUAL INSURANCE CO. CASE NUMBER: 21CV381528 DEFENDANT/RESPONDENT JOHNSON CONTROLS plc., et al. 11. Insurance a. Lj Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [ -.1 Yes 11 No c. Lj 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. Ej Bankruptcy 1::1 Other (specify): Status: 13. Related cases, consolidation, and coordination a. Q 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. LI A motion to [=1 consolidate L:1 coordinate will be filed by (name party): 14. Bifurcation [j 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 LA The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. 1:3 The party or parties have completed all discovery. b. al The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written discovery Ongoing Plaintiff Depositions of parties and witnesses Feb-March 2022 Plaintiff Expert witness depositions Per Code c. 11 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 Essential ceb.com D.- Forms• Americas Best (CMSU 25767) CM-110 PLAINTIFF/PETITIONER: CALIFORNIA MUTUAL INSURANCE CO. CASE NUMBER: 21CV381528 DEFENDANT/RESPONDENT: JOHNSON CONTROLS plc., et al. 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 issues D 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. [J 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): 0 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: January 20, 2022 Robert F. Wall (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 [Rev. September 1, 20211 CASE MANAGEMENT STATEMENT Page 5 of 5 IIICEE3` ceb.com Essential 1] Forms- Americas Best (CMSU 25767) PROOF OF SERVICE [CCP §§ 1013a, 2015.5] STATE OF CALIFORNIA ) COUNTY OF SANTA CRUZ) ss I am over the age of eighteen (18) years and not a arty to the within action. I am employed by the law firm of THE GRUNSKY LAW FIRM PC (the 'firm"), and my business address is 240 Westgate Drive, Watsonville, California 95076. On January 20, 2022 I caused to be served the within CASE MANAGEMENT STATEMENT on the parties to this action, by placing a true copy thereof enclosed in a sealed envelope, addressed as follows and delivered in the manner indicated: Attorney for Defendant/Cross-Complainant, A TOTAL FIRE PROTECTION COMPANY, INC.: Erick Dimalanta Stephanie M. Drenski Tyson & Mendes 371 Bel Marin Keys Blvd., Suite 100 Novato, CA 94949 (628) 253-5070 DIRECT (628) 236-1706 FAX (415) 785-3165 edimalanta@tysonmendes.com Attorney for Defendant/Cross-Defendant, TYCO FIRE PRODUCTS, LP: J. Dominic Campodonico Gordon & Rees Scully Mansukhani 275 Battery Street, Suite 2000 San Francisco, CA 94111 (415) 986-5900 FAX (415) 986-8054 dcampodonico@grsm.com (Assistant: Von-NVeeks, yweeks@grsm.com) sdrenski@tysonmendes.com (Assistant: Angela Martinez, amartinez@tysonmendes.com Attorney for Defendant/Cross-Defendant, TYCO FIRE PRODUCTS, LP: Amanda E. Koman Williams & Connolly 725 Twelfth Street, N.W. Washington, D.C. 20005 (202) 434-5000 FAX (202) 434-5029 akoman@wc.com [By Mail]: I caused each envelope, with postage prepaid to be placed in the United States mail at Watsonville, California. I am readily familiar with the business practices of the firm regarding the collection and processing of correspondence for mailing with the United States Postal Service. Pursuant to such business practices, and in the ordinary course of business, all correspondence is deposited with the United States Postal Service on the same day it is placed for collection and mailing. [By Fax]: On * , I served the within document on the parties in said action by facsimile transmission, pursuant to Rule 2.306 of the California Rules of Court. A transmission report was properly issued by the sending facsimile machine and the transmission was reported as complete and without error. - I - CJASU 257 7(Armricas Bst)Tos CA Mutual v. Johnson Controls, et al., #21CV381528 PROOF OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 XXX [By e-mail] Pursuant to CCP §1010.6(6), I caused the foregoing document to be served electronically by electronically mailing a true and correct copy through The Grunsky Law Firm's electronic mail system to the e-mail addresses as set forth above, and the transmission was reported as complete and no error was reported. I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct, and that this declaration was executed on January 20, 2022 at Watsonville, California. 141V \ • Dinah L. Madolora - 2 - SU 257Q7(Armricas Bstl\Po CA Mutual v. Johnson Controls, et al., #21CV3 81528 PROOF OF SERVICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28