Williamsburg Square Maintenance Corporation vs Williamsburg Square 52 LLC

Stipulation or Motion for Order Appointing Referee Alternative Dispute Resolution

Cal. Super. - 4th Dist.July 7, 2015

10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 26 27 28 William H. Naumann, Esq., SBN 95771 Parada K. Ornelas, Esq., SBN 272724 THE NAUMANN LAW FIRM, PC 10731 Treena Street, Suite 101 San Diego, CA 92131 Phone: (858) 792-7474 Facsimile: (858) 564-9380 Attorneys for Plaintiff WILLIAMSBURG SQUARE MAINTENANCE CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE WILLIAMSBURG SQUARE MAINTENANCE CORPORATION, Plaintiff, VS. WILLIAMSBURG SQUARE 52, LLC, a California limited liability company; WS MGR 52, LLC, a California limited liability company; CESN CONSTRUCTION, INC., a California corporation; WALID E. ROMAYA, an individual, WS CAPITAL, LLC, a California limited liability company; PWRG Communities, LLC, a California limited liability company; William G. Ayyad, an individual and Trustee of the William G. Ayyad Trust, UDT Dated April 6, 1996; Marcella Romaya, an individual; J E LANDSCAPING CO., a California sole proprietorship; JOSE HERNANDEZ ESTRADA, an individual, dba J E LANDSCAPING CO.; AJX AIR- CONDITIONING AND HEATING, a California sole proprietorship; JOSE SANTOS ALBERTO, an individual, dba ATX AIR-CONDITIONING AND HEATING; MIKE’S IRON WORKS, INC., a California corporation; RONCES- MCKINNEY PAINTING, INC., a California corporation; TODD PIPE AND SUPPLY — SAN DIEGO, INC., a California corporation, CALIFORNIA IMAGE LANDSCAPE, INC. a California corporation; S.A.M. PLUMBING ENTERPRISES, INC., a California corporation; AMERICAN ASPHALT & CONCRETE, INC,, a California corporation; BATHCO SHOWER DOOR, a California sole proprietorship; EDDIE M. WEBSTER, an individual, dba BATHCO SHOWER DOOR: KENNEDY ROOFING. a Case No.: 37-2015-00005113-CU-CD-CTL STIPULATION AND PROPOSED [ORDER] TO APPOINT MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSS HART AS MEDIATOR Complaint Filed: February 13, 2015 Judge: Hon. Deborah C. Servino Dept.: C-22 STIPULATION AND PROPOSED [ORDER] TO APPOINT MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSS HART AS MEDIATOR 1 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 27 | 28 of Austin, Brownwood, Cannon & Santa Cruz; Defendant AJX AIR CONDITIONING AND; HEATING, by and through their attorneys, Jeff G. Harmeyer of Harmeyer Law Group, APC; into this Stipulation and [Proposed] Order to Appoint Matthew Argue as a Discovery Referee | so by a party at a discovery hearing or when he or she believes it is advisable to do so. Discovery, | compliance with Code of Civil Procedure section 643. California sole proprietorship; WILLIAM JOSEPH KENNEDY, an individual, dba KENNEDY ROOFING; and DOES 5 to 100, Defendants Plaintiff WILLIAMSBURG SQUARE MAINTENANCE CORPORATION (“Plaintiff”), by and through its counsel of record, William H. Naumann of The Naumann Law Firm, PC; Defendant WALID ROMAYA, by and through its attorneys, Grace M. Kim of Wilson Keadjian| Browndorf, LLP; Defendant WILLIAMSBURG SQUARE 52, LLC, by and through its attorneys, David S. Lee and John R. Marking of Lee, Hemandez, Landrum & Garofalo; Defendant AMERICAN ASPHALT & CONCRETE, by and through its attorneys, Bruce Austin and Defendant Kennedy Roofing and William Joseph Kennedy, by and through their attorneys William Hernquist, II of William Hernquist, I, APC (collectively, “Defendants”) hereby enteq and Ross R. Hart as the Mediator. RECITALS WHEREAS, the Discovery Referee shall hear and determine all discovery disputes whenever feasible on an expedited basis and shall issue written recommendations if asked to do Referee shall also provide the Court with any case management recommendations that may be needed. Such recommendations shall be made after a hearing allowing all parties to be heard. Any objection(s) to the Referee’s decisions shall be brought to the Court for review in STIPULATION AND PROPOSED [ORDER] TO APPOINT MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSS HART AS MEDIATOR ps 10 | 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Mediator shall facilitate settlement discussions. IT IS HEREBY STIPULATED AND AGREED: 1. Discovery Referee: Plaintiff's and Defendants’ counsel have agreed on Matthew Argue, Esq., to act as the Discovery Referee (“Referee”). The Referee shall complete and executed Exhibit “A” to be submitted concurrently with the Stipulation and [Proposed] Order td Appoint Matthew Argue as Discovery Referee and Ross Hart as Mediator. a. The Referee’s business address and phone numbers are: AMCC, 3055 Wilshire Blvd., Ste. 510, Los Angeles, CA 90010; (213) 487-8660; (213) 383-2843 (facsimile). The Referee’s current hourly cost is $600.00, plus any assessed case management fee per party. b. The Referee’s fees shall be paid one-half by Plaintiff and one-half by Defendants, The Referee has discretion to adjust the division of fees as necessary, subject to review by the Court if an objection is made. ¢. The Referee shall hear and determine all discovery disputes whenever feasible on) an expedited basis and shall issue written recommendations if asked to do so by 4 party at a discovery hearing or when he believes it is advisable to do so. Such written recommendations shall be made no later than ten (10) days after oral argument. Any objections to the Referee’s decisions shall be brought to the Court for review in compliance with Code of Civil Procedure section 643. | 2. Mediator: Plaintiff’s and Defendants’ counsel have also agreed on Ross R. Hart, Esq., to act as the Mediator and mediate this case. The Mediator shall completed and execute the] attached Exhibit “A” to be submitted concurrently with the Stipulation and [Proposed] Order to Appoint Matthew Argue as Discovery Referee and Ross Hart as Mediator. a. The Mediator’s business address and telephone numbers are: AMCC, 3055 Wilshire Blvd., Ste. 510, Los Angeles, CA 90010; (800) 645-4874; (213) 383 2843 (facsimile). The Mediator’s current hourly cost is $925.00. b. Mediations will take place at Veritext, 550 West C Street, Suite 800, San Diego, CA 92101. STIPULATION AND PROPOSED [ORDER] TO APPOINT MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSS HART AS MEDIATOR 3 10 11 12 13 14 15 16 17 18 19 23 22 23 24 25 26 27 28 C. d. 3. electronic signature is valid as an original. IT 1S SO STIPULATED. DATED: June20, 2016 THE yy W FIRM, y By: DATED: June 24, 2016 WILSON KEADJIAN BROWNDORF, LLP DATED: june 282016 LEE, HERNANDEZ, LANDRUM & GAROFALO MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSS HART AS MEDIATOR The Mediator’s fees shall be paid one-half by Plaintiff and one-half by Defendants. The Mediator has discretion to adjust the division of fees as necessary, subject to review by the Court if an objection is made. The Mediator shall provide the Court with any case management recommendations that may be needed. Such recommendations shall be made afte] a notice hearing allowing all parties to be heard. Counterparts: This stipulation may be signed in counterparts and a facsimile or William H. Naumann, Esq. Parada K. Ornelas, Esq. Attorneys for WILLIAMSBURG SQUARE MAINTENANCE CORPORATION Meh, Marc Yet 820, £5. Te Attorneys for WS MGR 52, LLC; CESN CONSTRUCTION, INC; and WALID E. ROMAYA \ TY a No, ME) David ShLee, Esq. ) JohnR-Marking, Esq. Attorneys for WILLIAMSBURG SQUARE 52, LLC STIPULATION AND PROPOSED [ORDER] TO APPOINT 4 DATED: June AUSTIN, BROWNWOODL, CANNOM & SANTA ; * Bruce Austin, Bug. 5 Attorneys for AMBRICAN ASPHALT & CONCRETE DATED: June ___, 2016 HARMEYER LAW GROUP, APC By: “(3 Harmeyer, Bag, ATK AIR CONDITIONI DATED: June 2016 WILLIAM C. HERNQUEST IL, APC. > aE 21 || DATED: June 2016 PURDY & BAILEY By: Micah L. Bailey, Esq. “ Attorneys for WS CAPITAL LLC and PWRG COMMUNITIES, LLC an {IA STIPULATION AND SET FORDER] TO APPOINT MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSE HART AS MEDIATOR § 10 1d 12 14 15 ie 17 18 19 20 21 22 23 24 25 26 27 28 DATED: June __ , 2016 DATED: June 28,016 DATED: June __ , 2016 DATED: June _ ,2016 14.0 AUSTIN, BROWNWOOD, CANNON & SANTA CRUZ By: Bruce Austin, Esq. Attorneys for AMERICAN ASPHALT & CONCRETE HARMEYER LAW GROUP, APC Attorneys WILLIAM C. HERNQUIST II, A.P.C. William C. Hernquist II, Esq. Attorneys for KENNEDY ROOFING AND WILLIAM JOSEPH KENNEDY PURDY & BAILEY By: Micah L. Bailey, Esq. Attorneys for WS CAPITAL LLC and PWRG COMMUNITIES, LLC STIPULATION AND PROPOSED [ORDER] TO APPOINT MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSS HART AS MEDIATOR 5 10 1k a3 14 15 16 17 18 19 20 DATED: June 2016 — DATED: June ___, 2016 [eX DATED: June 52016 DATED: June __ , 2016 1.4.1 AUSTIN, BROWNWOOD, CANNON & SANTA CRUZ By: Bruce Austin, Esq. Attorneys for AMERICAN ASPHALT & CONCRETE HARMEYER LAW GROUP, APC By: Jeff G. Harmeyer, Esq. Attorneys for AJX AIR CONDITIONING AND HEATING WILLIAM C. HERNQUIST II, A.P.C. By: ns 2 ———— William C. Hernquist 11, Esq. Attorneys for KENNEDY ROOFING AND WILLIAM JOSEPH KENNEDY PURDY & BAILEY By: Micah L. Bailey, Esq. Attorneys for WS CAPITAL LLC and PWRG COMMUNITIES, LLC STIPULATION AND PROPOSED [ORDER] TO APPOINT MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSS HART AS MEDIATOR 5 10 11 12 13 14 15 16 17 DATED: June 2016 DATED: June __ , 2016 DATED: June 2016 3 DATED: June 28,2016 1.11 AUSTIN, BROWNWOOD, CANNON & SANTA CRUZ By: Bruce Austin, Esq. Attorneys for AMERICAN ASPHALT & CONCRETE HARMEYER LAW GROUP, APC By: Jeff G. Harmeyer, Esq. Attorneys for ATX AIR CONDITIONING AND HEATING WILLIAM C. HERNQUIST II, A.P.C. William C. Hernquist I, Esq. Attorneys for KENNEDY ROOFING AND WILLIAM JOSEPH KENNEDY PURDY & BAILEY Micah L. Bailey, Esq. Attorneys for WS CAPITAL LLC and PWRG COMMUNITIES, LLC STIPULATION AND PROPOSED [ORDER] TO APPOINT MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSS HART AS MEDIATOR 5 + 12 13 14 15 16 17 18 19 DATED: June /5f 2016 EPSTEN GRINNELL & HOWELL APC i Fi Douglas Grinnell, Esq. Mandy D. Hexom, Esq. Attorneys for WILLIAM G. AYYAD, Inidividual and Trustee of the William G. Ayyad Trust, UDT Dated April 6, 1996 [ORDER ON THE FOLLOWING PAGE] STIPULATION AND PROPOSED [ORDER] TQ APPOINT MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSS TART AS MEDIATOR 6 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 Order of this court. IT IS SO ORDERED: Dated: ORDER Good Cause appears the foregoing Stipulation is hereby accepted and entered as the , 2016 Judge, Orange County Superior Court STIPULATION AND PROPOSED [ORDER] TO APPOINT MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSS HART AS MEDIATOR 7 EXHIBIT A D 0 « 3 AN W B W N ee N O N R O N WN & I X R B V R V R B E x 3 a3 a r o m = 3 EXHIBIT “H” SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE WILLIAMSBURG SQUARE MAINTENANCE CORPORATION, Plaintiff, vs. WILLIAMSBURG SQUARE 52, LLC, a California limited liability company; WS MGR 52, LLC, a California limi liability company; CESN CONSTRUCTION, INC., a California corporation; WALID E. ROMAYA, an individual; WS CAPITAL, LLC, a California limited liability porapans 3 PWRG Communities, LLC, a California limited liability company; William G. Ayyad, an individual and Trustee of the William G. Ayyad Trust, UDT Dated April 6, 1996; Marcella Romaya, an individual; J E LANDSCAPING CO., a California sole p ietorship; JOSE HERNANDEZ S DA, an individual, dba J E LANDSCAPING CO.; AJX AIR- CONDITIONING AND HEATING, a California sole proprietorship; JOSE SANTOS ALBERTO, an individual, dba AJX AIR-CONDITIONING AND HEATING; MIKE’S IRON WORKS, INC, a California corporation; RONCES- MCKINNEY P. ING, INC, a California corporation; TODD PIPE AND SUPPLY — SAN DIEGO, INC, a California corporation; CALIFORNIA IMAGE LANDSCAPE, INC.,, a California corporation; S.A.M. PLUMBING ENTERPRISES, INC.,, a California CASE NO.: 37-2015-00005113-CU-CD-CTL MEDIATOR/DISCOVERY REFEREE DECLARATION OF COMPLIANCE WITH CALIFORNIA CODE OF JUDICIAL ETHICS 47 CASE MANAGEMENT ORDER Lo 0 0 3 A N W B W N F m d fe t pe W O N ee | N O N N N N n o s U N S R 8 5 x I D E corporation; AMERICAN ASPHALT & CONCRETE, INC,, a California corporation; BATHCO SHOWER DOOR, a California sole proprietorship; EDDIE M. WEBSTER, an individual, dba BATHCO EES NAR DOOR; = NED ROORN Gq, a ornia sole rietorsnip; IAM JOSEPH KENNEDY, an individual, dba Th ea ROOFING; and DOES 5 to Defendants. AND RELATED CROSS ACTIONS. Whereas, California Rules of Court, rule 3.924 requires certification by the appointed Mediator and Discovery Referee that he/she is aware of and will comply with all applicable provisions of Canon 6 of the California Code of Judicial Ethics. Whereas, pursuant to Code of Civil Procedure section 639, the Court has appointed Matthew Argue as the Discovery Referee and the parties agree to Ross Harr as the Mediator in this litigation. Therefore, I, Matthew Argue hereby certify as follows: 1. I am an active member in good standing of the State Bar, State Bar No. 145134 4. My business address and business telephone numbers are as follows: 2055 Wilghire Blvd, Suite 510 Log Angeles, CA 90010 B00-645-4874 5. I am aware of and will comply with Canon 6 of the California Code of Judicial Ethics. 114 hid 14.1 144 14 48 CASE MANAGEMENT ORDER L I 10] 12 13 14 | 15 16 17 18 19 20 21 22 | 23 24 25 26 28 W r x 6. 1 am aware of and will comply with Code of Civil Procedure section 639 and | California Rules of Court, rules 3.924 and 3.930-3.932. 1 certify the foregoing is true and correct, Executed this 27 day of _Me¥eV 2016, at San Diego California, RE A te pie = By: 49 CASE MANAGEMENT ORDER W O 9d 3 W r BR W N R O N O N O N N N N ON ® 9 & ou a 3 8 2 8B 8 x S a n = a o n 2 s il corporation; AMERICAN ASPHALT & CONCRETE, INC,, a California corporation; BATHCO SHOWER DOOR, a California sole proprietorship; EDDIE M. WEBSTER, an individual, dba BATHCO SHOWER DOOR; KENNEDY ROOFING, a California sole proprietorship; WILLIAM JOSEPH KENNEDY, an individual, dba RE NNEDY ROOFING; and DOES 5 to Defendants. AND RELATED CROSS ACTIONS. Whereas, California Rules of Court, rule 3.924 requires certification by the appointed Mediator and Discovery Referee that he/she is aware of and will comply with all applicable provisions of Canon 6 of the California Code of Judicial Ethics. ‘Whereas, pursuant to Code of Civil Procedure section 639, the Court has appointed Matthew Argue as the Discovery Referee and the parties agree to Ross Hart as the Mediator in this litigation. Therefore, I, Ross Hart hereby certify as follows: 1. I am an active member in good standing of the State Bar, State Bar No. 4, My business address and business telephone numbers are as follows: 3055 Wilshire Blvd, Suite 510 Los Angeles, CA 90010 800-645-4874 5. 1 am aware of and will comply with Canon 6 of the California Code of Judicial Ethics. 144 14d 111 14.1 144 48 CASE MANAGEMENT ORDER 0 8 N y W e ha W N ee N O N ON N N N N N — 8 I 8 X FT V R B R E LT & 5 3 3 & 5 F 6 0 8 82 3 i 6. 1 am aware of and will comply with Code of Civil Procedure section 639 and il | California Rules of Court, rules 3.924 and 3.930-3.932. | I certify the foregoing is true and correct. Executed this 23 day of March 2016, at Los Angeles California. 49 CASE MANAGEMENT ORDER SUPERIOR COURT OF CALIFORNIA, COUNTY ORANGE TITLE OF CASE (ABBREVIATED): WILLIAMSBURG SQUARE 52, LLC, et al. WILLIAMSBURG SQUARE MAINTENANCE CORPORATION v. ATTORNEY (S) NAME AND ADDRESS: TELEPHONE William H. Naumann, Esq. (SBN: 95771) Parada K. Ornelas, Esq. (SBN 272724) The Naumann Law Firm, PC 10200 Willow Creek Road, Suite 150 San Diego, CA 92131 (858) 792-7474 Fax: (858) 564-9380 FOR COURT USE ONLY ATTORNEYS FOR: Plaintiff WILLIAMSBURG SQUARE MAINTENANCE CORPORATION HEARING: DATE-TIME-DEPT CASE NUMBER 37-2015-005113 DECLARATION OF SERVICE I, the undersigned, declare: that I am, and was at the time of service of the papers herein referred to, over the age of 18 years, and not a party to the action; and I am employed in the County of San Diego, California, within which county the subject service occurred. My business address is 10200 Willow Creek Road, Suite 150, San Diego, CA 92131. On June 28, 2016, I served the following documents: 1. STIPULATION AND PROPOSED [ORDER] TO APPOINT MATTHEW ARGUE AS DISCOVERY REFEREE AND ROSS HART AS MEDIATOR of which the original document(s), or a true and correct copy, is attached, upon the following: Grace M. Kim, Esq. Randa Farid, Esq. Wilson Keadjian Browndorf, LLP 1900 Main Street, Suite 600 Irvine, CA 92614 T: 888-690-5557 F: 949-234-6254 Counsel for WALID ROMAYA; WS MGR 52, LLC; CESN CONSTRUCTION, INC. David S. Lee, Esq. John R. Marking, Esq. Lee, Hernandez, Landrum & Garofalo 31 Journey, Suite 200 Aliso Viejo, CA 92656 T: 949-204-3730 F: 949-315-3413 Counsel for WILLIAMSBURG SQUARE 52, LLC Bennat- Moores sg: Jeff G. Harmeyer, Esq. Diedrieh-&Assoeiates Harmeyer Law Group, APC 9325-Sley Park Ct--Suite230 110 West A Street, Suite 950 SanDiego; CAHO2123 San Diego, CA 92101 F+-858-616-6160 T: 619-231-9800 F+-855-260-0260 F: 619-234-3800 Counselor AMERICAN-ASPHALT & Counsel for AJX AIR CONDITIONING AND CONCRETE HEATING PROOF OF SERVICE IO 0 Kx 1&0 a Bruce P. Austin, Esq. Austin, Brownwood, Cannon & Santa Cruz 1615 Murray Canyon Rd., Ste. 550 San Diego, CA 92108 T: 619-744-6800 F: 603-334-7089 Counsel for AMERICAN ASPHALT & CONCRETE, INC. Micah L. Bailey, Esq. Purdy & Bailey, a Law Firm 9820 Willow Creek Road, Suite 260 San Diego, CA 92131 T: 858-564-0136 F: 858-564-0142 Counsel for WS CAPITAL LLC AND PWRG COMMUNITIES, LLC Jon Epsten, Esq. Mandy D. Hexom, Esq. Espten Grinnell & Howell APC 10200 Willow Creek Road, Suite 100 San Diego, CA 92131 T: 858-527-0111 F: 858-527-1531 Counsel for WILLIAM G. AYYAD William C. Hernquist II William C. Hernquist II, A.P.C. 8407 La Mesa Blvd. La Mesa, CA 91942 T: 619-687-2300 F: 619-687-2302 Counsel for KENNEDY ROOFING AND WILLIAM JOSEPH KENNEDY (BY MAIL). I caused such document(s) to be placed in an envelope with postage thereon fully prepaid to be placed in the United States mail at San Diego, California. Iam readily familiar with the practices for collection and processing of correspondence for mailing with the United States Postal Service, Federal Express and UPS. Such correspondence is deposited with the United States Postal Service, Federal Express, or UPS the same day in the ordinary course of business. (BY PERSONAL SERVICE). I caused such document(s) to be placed in an envelope and delivered by hand to the business/home of the addressees on the person above. (BY TELECOPIER/FACSIMILE). I caused such document(s) to be telecopied/faxed to the number(s) indicated on the attached service list. (BY OVERNIGHT MAIL). I caused such documents to be mailed via Federal Express/UPS with delivery to be made the following business day to (BY ELECTRONIC TRANSMISSION). I caused such documents to be served by electronic transmission through the FileAndServeXpress system. Upon completion of said transmission of the document(s) a certified receipt was issued to filing party acknowledging transmission to the designated recipients. 1 declare under penalty of perjury that the foregoing is true and correct. Executed June 28, 2016, at San Diego, California. Elina Chapliks Elina Chaplik PROOF OF SERVICE