Statement Case Management Conference

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

21 CV381 528 Santa Clara - Civil CMRI fiBming ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY J. Dominic Campodonico (SBN 188035) /Arthur Welton (SBN 294259) _ _ Gordon Rees Scully Mansukhani, LLP EleCtron'Fally F'led 275 Battery Street, Suite 2000 by Superior Court of CA, San Francisco, CA 941 11 County Of Santa Clara, TELEPHONE No; 41 5-986-5900 FAX No. (Optional):41 5-986-8054 on 1I24I2022 6:01 PM E.MAILADDRESS:dcampodonico@grsm.com / awelton@grsm.com Reviewed By: R. Fleming ATrORNEY FOR(Name).-Tyco Fire Products, LP case #21 CV381 528 SUPERIOR COURT 0F CA'LIFORNIA, COUNTY 0F SANTA CLARA Envelope: 81 27005 STREET ADDRESS: 191 N. FlrSt Street MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 33 BRANCH NAME: PLAINTIFF/PETITIONER: California Mutual Insurance Company, Inc. DEFENDANT/RESPONDENT: Johnson Controls plc, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: _ 21 CV381 528(Check one). g UNLIMITED CASE D LIMITED CASE (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): X Notice of Intent to Appear by Telephone, by (name): Arthur Welton INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): Tyco Fire Products, LP b. D 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. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D A|| 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) D have not been served (specify names and explain why not): (2) D have been sewed 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 date by which they may be served): 4. Description of case a. Type of case in E complaint E cross-complaint (Describe, including causes ofaction): Pll'f brings a subrogation case on behalf of its insured-hotel for water damage allegedly caused by a falsely activated fire sprinkler that def/cross-def-A Total Fire Protect. Co was responsible for maintenance, inspection, and monitoring. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court. Judicial Council of California CASE MANAGEMENT STATEMENT rules 3120-3130 CM-1 1 0 [Rev. September 1, 2021] www.courts.ca.gov American LegalNet, Inc. emlmsflonkflgm CM-110 PLAINTIFF/PETITIONER: California Mutual Insurance Company, Inc. CASE NUMBER; DEFENDANT/RESPONDENT: Johnson Controls plc, et al. 21CV381528 4. b. Provide a brief statement of the case, including any damages. (lfpersonal 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.) Pltf alleges damages in excess of $133,000 claiming that a fire sprinkler falsely activated resulting in water damage at its insured hotel (Americas Best Value Inn Sunnyvale). A Total Fire Protection Co. was hired to maintain, monitor, inspect, and test the hotel's fire sprinkler systems. Tyco Fire Products, LP's predecessor in interest designed and manufactured the fire sprinkler. 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 E a jury trial D a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D Thetrialhas been setfor (date): b. X No trial date has been set. This case wi|| be ready for trial within 12 months ofthe date ofthe filing of the complaint (if not, explain): The case is not at-issue but a visual inspection took place and writen discovery has commenced. c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): November 2022 (3+ week trial in Los Angeles Superior Court). 7. Estimated length of trial The party or parties estimate that the trial wi|| take (check one): a. E days (specify number): 5-7 days b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial E by the attorney or party listed in the caption g by the following: a. Attorney: Jouya Rastegar b. Firm: Williams & Connolly LLP c. Address: 725 Twelfth Street, N.W., Washington, D.C. 20005 d. Telephone number: 202-434-5000 f. Fax number: 202-434-5029 e. E-mail address: jrastegar@wc.com g. Party represented: Tyco Fire Products, LP D Additional representation is described in Attachment 8. 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 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 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 available). (1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under 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) D 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-1 10 [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 American LegalNet, Inc. emEomsflnnkEkanm CM-110 PLAINTIFF/PETITIONER: California Mutual Insurance Company, Inc. CASE NUMBER; DEFENDANT/RESPONDENT: Johnson Controls plc, et al. 21CV381528 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 If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties'ADR processes (check all that apply): stipulation): Mediation session not yet scheduled 1 M d, t. E Mediation session scheduled for (date): ( ) e la Ion Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement D Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled . Neutral evaluation scheduled for (date): (3) Neutral evaluatlon D Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial D Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private D Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): (6) Other (specify): D DUDE DUDE DUDE DDDDDDDDDDDD CM-1 10 [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 American LegalNet, Inc. eWWW CM-110 PLAINTIFF/PETITIONER: California Mutual Insurance Company, Inc. CASE NUMBER; DEFENDANT/RESPONDENT: Johnson Controls plc, et al. 21CV381528 11. Insurance a. D 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 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. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D Amotionto D consolidate D coordinate willbe filed by (name party): 14. Bifurcation D 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 D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. g The following discovery will be completed by the date specified (describe all anticipated discovery): Pa_r1y Descrigtion % Tyco Fire Products Written discovery Sum/Fall 2022 Tycoe Fire Products Depositions Fall 2022 Tyco Fire Products Expert discovery Per Code c. D The following discovery issues. including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-1 10 [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 American LegalNet, Inc. eM.Enmnsflonkflaw CM-110 PLAINTIFF/PETITIONER: California Mutual Insurance Company, Inc. CASE NUMBER; DEFENDANT/RESPONDENT: Johnson Controls plc, et al. 21CV381528 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. E The party or parties have met and conferred with all parties on all subjects required by rule 3.724 ofthe 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 | 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 24, 2022 J. Dominic Campodonico (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE 0R PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-1 1o [Rev. September 1. 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 American LegalNet, Inc. emEQumfloxkElmumm 2 3 4 5 6 7 8 9 10 m 11 d ._«8 12 §§E g: g 13 a ‘35 2 8 5 14bfi a E‘ w '5 i E: 15 5 '“ w E [a 17 c3 18 19 20 21 22 23 24 12403 l4/60096778v.1 26 27 28 PROOF OF SERVICE California Mutual Insurance Company v. Johnson Controls plc, et al. Santa Clara County Superior Court, Case N0. 21CIV381528 I am a resident 0f the State of California, over the age 0f 18 years, and not a party to the Within action. My business address is Gordon Rees Scully Mansukhani, LLP, 275 Battery Street, Suite 2000, San Francisco, California 941 1 1. On the date below, I served the within document(s): CASE MANAGEMENT STATEMENT ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail address(es) listed below. During the Coronavirus (Covid-19) pandemic, this office will be working remotely, not able t0 send physical mail as usual, and is therefore using only electronic mail. Attorneysfor Plaintiff Attorneysfor Defendant/Cross-complainant California Mutual Insurance Company A Total Fire Protection Company, Inc. Robert E. Wall, Esq. Erick Dimalanta, Esq. Michael J. De Smidt, Esq. Stephanie M. Drenski, Esq. THE GRUNSKY LAW FIRM PC TYSON & MENDES LLP 240 Westgate Drive 371 Bel Marin Keys Boulevard, Suite 100 Watsonville, CA 95076 Novato, CA 94949 Tel: 83 1-722-2444 Tel: 628-253-5070 Fax: 83 1-722-6153 Fax: 415-785-3165 rewall@grunsky1aw.com edimalanta@tysonmendes.com mdesmidt@grunskylaw.com sdrenski@tysonmendes.com dmadolora@grunskylaw.com I declare under penalty 0f perjury under the laws 0f the State 0f California that the above is true and correct. Executed 0n January 24, 2022, at San Francisco, California. VmMJg Von Weeks -1- PROOF OF SERVICE