Statement Case Management ConferenceCal. Super. - 6th Dist.September 8, 2021ATTORNEY OR PARTY IMTHOUT ATTORNEY (Name, Slate Ber numee, and address) Phillip G. Vermont SBN: 132035 RANDICK O'DEA TOOLIATOS VERMONT & SARGENT, LLP 5000 Hopyard Road Suite 225 Pleasanton, CA 94588 TELEPHQNE No 925-460-3700 FAX NO. (Optronal).925-460-0969 E-MAIL ADDRESS (Oneon S PVermcnt randiCklaW.COm AT7ORNEY FOR (Name) Plaintiff FirSt POint Oakmead, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North First Street MAILING ADDREss.191 North First Street CITY AND ZIP CODE San Jose, 951 13 BRANcH NAME Downtown Superior Court PLAINTIFF/PETITIONER: First Point Oakmead, LLC DEFENDANT/RESPONDENT: MiaSole Hi-Tech Corp. CASE MANAGEMENT STATEMENT CASENUMBR'Check one): [X UNLIMITED CASE C] LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) FOR COURTUSEONLY CM-110 A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: 3/22/2022 Time: 10:00 a.m. Dept.: 07 Address of court (if different from the address above): Divx Room: ~X Notice of intent to Appear by Telephone, by (name)(Phillip G. Vermont INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. ~X This statement is submitted by party (name):First Point Oakmead, LLC b. ~ This statement is submitted jointly by parties (names) 2. Complaint and cross-complaint (to be answered by plaintiffs snd cross-comp/ainanls only) a. The complaint was filed on (date): 9/8/2021 b. ~ The cross-complaint, if any, was filed on (date): 3. Service ((o be answered by plaintiffs and cross-comp/einanis only) a. ~)( All parties namedin 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 nol): (2) ~ have been served but have not appeared and have not been dismissed (specify names): (3) ~ have had a default entered against them (speciiy names): c. ~ The following additional parties may be added (specify names, nature ofinvo/vernant in case, and date by which they may be served): 4. Description of case a. Type of case in HX complaint H cross-complaint (Describe, inc/uding causes of action): Breach of commercial lease (Breach of Lease and Nuisance) Form Adopted for Mandatory Use Judioai Council of Califorma CM-1 10 IFtsv. July 1, 2011] CASE MANAGEMENT STATEMENT Page I of 3 Cal. Rules of Court, rules 3 720-3 73 D www.oorrrfs oa gov Weseaw Dor 3 Form suede" Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/8/2022 10:24 AM Reviewed By: R. Fleming Case #21CV388190 Envelope: 8455017 21CV388190 Santa Clara - Civil R. Fleming PLAINTIFF/PETITIONER; First Point Oakmesd, LLC DEFENDANT/RESPONDENT: MiaSole Hi-Tech Corp. CASE NUMBER'1CV388190 CM-110 b. Provide a brief statement of the case, including any damages. (Ifpersonal injury damages are sought, specify the injury snd damages claimed, including medics( expenses Io date (Indicate source snd amount), estimated future medical expenses, lost earnings Io date, snd estimated future lost earnings If equitable relief is sought, describe the nature of the relief) Breach of Commercial Lease/Rent and damage to premises (including hazardous material contamination and legal fees of over $ 1,000,000.00). (If more than one party, provide the name of each party (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 C] a jury trial [X a nonjury trial. requesting a jury tria/): Trial date a ~ The trial has been set for (date): b. ~X No trial date has been set. This case will be ready for trial within 12 months of the date of the filmg of the complaint (If not, explain): c. Dates on which parties or attorneys will not be available for tnal (specil'y dates and explain reasons for unavailability): Estimated length of trial The party or parties estimate that the trial will take (check one): a. ~x days (specify number): 5-7 days b. ~ hours (short causes) (specify): 10. Trial representation (to be answered for each party) The party or parties will be represented at trial ~X by the attorney or party listed in the caption ~ by the following 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): 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 IX has C3 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 M has H has not reviewed the ADR information package identifiedin 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 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 Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-11D IRev. J ~12 1, 2011I CASE MANAGEMENT STATEMENT PA28 2 Of 5 PLAINTIFF/PETITIONER: First Point Oskmesd, LLC EFENDANT/RESPONDENT: MIBSole Hi-Tech Corp. CASE NUMBER 21CV388190 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 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 app/y): If the party or parties completing this form in the case have agreed to perh ci pate in or have already completed an ADR process or processes, indicate the status of the processes (atlach a copy of the parties'DR sti puletion): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (dale): Agreed to complete mediation by (date): Mediation completed on (dale): (2) Settlement conference ~X Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (dale): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (dale): Agreed to complete neutral evaluation by (date). Neutral evaluation completed an (date): (4) Nonbinding ludicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled far (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (dale): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (dele): cM-110 IR v. Jalr1, 2011] CASE MANAGEMENT STATEMENT Pageaef5 PLAINTIFF/PETITIDNERFirst Point Oskmesd, LLC DEFENDANT/RESPONDENTfy(iaSBIB Hi Tech Corp 11 insurance a ~ Insurance carrier, if any, for party filing this statement (name). b. Reservation of rights; C] Yes ~ No c. ~ Coverage issues will significantly affect resolution of this case (explain): CASE NUMBER: 2)CV388190 r M-110 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.~ Bankruptcy H Other (specify): Status: 13. Related cases, consolidation, and coordination ~X There are companion, underlying, or related cases. (1) Name of case: First Point Oakmead, LLC v. MiaSoie Hi-Tech (2) Name of court: Santa Clara County (3) Case number:20CV362450 (4) Status:Judgment for Plaintiff of over $2,000,000.00~ Additional cases are described in Attachment 13a. b. M A motion to H consolidate ~ coordinate will be filed by (name party): 14. Bifurcation~ The party or parties intend to file a motion for an order bifurcating, seveding, 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 morion, and issues): 16. Discovery a. CK The party or parties have completed ail discovery. b. ~ The following discovery will be completed by the date specified (describe eil aniicipsied discovery): ~part Descriotion Date 0 ~ The following discovery issues, induding issues regarding the discovery of electronically storedinformation, are anticipated (specify): CM.110 [Rev. July 1, 2011I CASE MANAGEMENT STATEMENT Page 4 of 5 PLAINTIFF/PETITIONER:First Point Oakmead, LLC DEFENDANT/RESPONDENT: MiaSoie Hi-Tech Corp. CASE NUMBER. 21CV338190 CM-110 17. Economic litigation a. ~ This is a limited civil case li.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 to discovery or trial should not apply to this case): 18. Other issues ~X The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Setting earliest possible Court trial. 19. Meet and confer a ~X 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 (ifnot, 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 eny): I am completely familiar with this case and will be fully prepared to discuss the s as well as other issues raised by this statement, and will possess the authority to the case management conference, including the written authority of the parly wh ery and alternative dispute resolution tfpulations on these issues at the time of Phillio G, Vermont rrYPE OR PRINT NAME) lSI NILfu)5(OFPARTYORATTORNEY) ITYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)~ Additional signatures are attached. CNI-110 Inca July I, 2011) CASE MANAGEMENT STATEMENT Page5515 PROOF OF SERVICE I, Sue Betti, declare: I am employed in Alameda County, State of California, am over the age of eighteen years, and not a party to the within action. My business address is 5000 Hopyard Road, Suite 225, Pleasanton, California 94588. I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service and/or other overnight delivery. Under overnight delivery practice, all mailings are deposited in an authorized area for pick-up by an authorized express service courier the same day it is collected and processed in the ordinary course of business. On the date set forth below, I served the within: CASE MANAGEMENT STATEMENT on the parties in this action by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: Mark W. Hostetter, Esq. Law Office of Mark W. Hostetter 181 Devine St. San Jose, CA 95110 mwhleaal(@email.corn [ ] (By U.S. Mail) I caused each such envelope to be served by depositing same, with postage thereon fully prepaid, to be placed in the United States Postal Service in the ordinary course of business at Pleasanton, California. [X ] (By Electronic Service) The above-referenced document was served by electronically mailing a true and correct copy through Randick O'Dea Tooliatos Vermont & Sargent, LLP's electronic mail system, to the email addresses set forth as listed above, and in accordance with Federal Rules of Civil Procedure, Rule 5(b) I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on March 8, 2022, at Pleasanton, California. Sue Betti